2013-156ORDINANCE NO. 2013-156
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR THE DESIGN AND INSTALLATION OF STRUCTURED
COMMUNICATIONS CABLING FOR VARIOUS CITY OF DENTON DEPARTMENTS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFP 5217-AWARDED TO T-DATACOM, INC. 1N THE ANNUAL
ESTIMATED AMOUNT OF $84,000 FOR A THREE (3) YEAR TOTAL NOT-TO-EXCEED
$252,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the design and installation of structured communications cabling for various City departments in
accordance with the procedures of State law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
5217 T-Datacom, Inc.
$252,000
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract attached hereto; provided that the written contract is in
accordance with the terms, conditions, specifications, standards, quantities and specified sums
contained in the Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under the RFP 5217 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �� day of , 2013.
MARK�A. BYJi�ROU�HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
� �
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
SY: ,�
s-oxD- szi�
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND T-DATACOM, INC.
(RFP 5217)
THIS CONTRACT is made and entered into this �� day of A.D., 20�,
by and between T-Datacom, Inc. a corporation, whose address is 2198 ovey Circle, Sanger,
Texas 76266, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a
home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval
of the Denton City Council and subsequent execution of this Contract by the Denton City
Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obta.ined hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor sha.11 provide products and or services in accordance with the Contractor's
proposal in response thereto, a copy of which is attached hereto and incorporated herein for all
purposes as Ezhibit "E". The Contract consists of this written agreement and the following
items which are attached hereto and incorporated herein by reference:
(a) City of Denton Standard Terms and Conditions (Exhibit "A");
(b) Special Terms and Conditions (Exhibit "B");
(c) Insurance Requirements (Exhibit "C");
(d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D");
(e) Contractor's Proposal. (Exhibit "E");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as "Contract
Documents."
RFP #5217 Page 1 of 28
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day �rst above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANlTA BURGESS, CITY ATTORNEY
BY: ._� ,
CONTRACTOR
BY:
AUTHORIZED SIGNATURE
Date: � / � � 1�-(� ) �
Name: �J9�Z�„ 1.��.c.�..���
Title: �/1��, �,�
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PHONE NUMBER
%�� I C. U�v1 � �i�i/�/L � Ct6+yf
-T G
EMAIL ADDRESS
CITY OF DENTON, TEXAS
B
GEORGE C. CAMPBELL, C MANAGER
Date: �(��/i'� �/� �
RFP #5217 Page 2 of 28
Exhibit A
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City's solicitation are applicable to Contracts/Purchase
Orders issued by the City hereinafter referred to as the City or Buyer and the Seller herein after
referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed
by a representative of the City's Procurement Department and the Supplier. No Terms and
Conditions contained in the Sellers Solicitation Response, Invoice or Statement shall serve to
modify the terms set forth herein. If there is a conflict between the provisions on the face of the
Contract/Purchase Order these written provisions will take precedence.
�y submitting an Offer in response to the Solicita.tion, the Contractor agrees that the Contract
shall be governed by the following terms and conditions, unless exceptions are duly noted and
fully negotiated.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicita.tion and in the Contractor's Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract
shall be effective as of the date the contract is signed by the City, and shall continue in effect
until all obligations are performed in accordance with the Contract.
3. 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 far 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.
RFP #5217 Page 3 of 28
: ' : /1/1 D \
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid
within thirty (30) calenda.r days of the City's receipt of the deliverables or of the invoice being
received in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or
the maximum lawful rate; except, if payment is not timely made for a reason for which the
City may withhold payment hereunder, interest shall not accrue until ten (10) calendar
days after the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third pariy claims, which are not covered by the insurance which the Contractor is
required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iu, failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the Ciiy's agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded Contractor who is in arrears to the City for delinquent
taxes, the City may offset indebtedness owed the City through payrnent withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding.
The City's payment obligations are payable only and solely from funds Appropriated and
available for this contract. The absence of Appropriated or other lawfully available funds shall
render the Contract null and void to the e�ent funds are not Appropriated or available and any
deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the
Contractor written notice of the failure of the City to make an adequa.te Appropriation for any
fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to
an amount insufficient to permit the City to pay its obligations under the Contract. In the event of
none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to
the City.
5. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms,
6. FINAL PAYMENT AND CLOSE-OUT:
RFP #5217 Page 4 of 28
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE
Compliance Report to the Purchasing Manager no later than the 15th calendar day after
completion of all work under the contract. Final payment, retainage, or both may be withheld if
the Contractor is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or
the terms of any warranty specified herein, (4) arising from the Contractor's continuing
obligations under the Contract, including but not limited to indemnity and warranty obligations,
or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor
against the City other than those previously asserted in writing and not yet settled.
7. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in
progress or audit findings are yet unresolved, in which case records shall be kept until all audit
tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within ten (10) business days of written request. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to the Contract, and to allow the City similar access to
those documents. All books and records will be made available within a 50 mile radius of the
City of Denton. The cost of the audit will be borne by the City unless the audit reveals an
overpayrnent of 1% or greater, If an overpayment of 1% or greater occurs, the reasonable cost of
the audit, including any travel costs, must be borne by the Contractor which must be payable
within five (5) business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the
terms "books" "records" "documents" and "other evidence" as used above shall be construed
, , � ,
to include drafts and electronic �les, even if such drafts or electronic files are subsequently used
to generate or prepare a final printed document.
8. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the
Contractor shall comply with all requirements approved by the City. The Contractor shall not
initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor
shall not substitute any Subcontractor identified in the Plan, unless the substitute has been
accepted by the City in writing. No acceptance by the City of any Subcontractor sha11 constitute
a waiver of any rights or remedies of the City with xespect to defective deliverables provided by
a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a
monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later
than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with
the terms of the
Contract, and shall contain provisions that:
RFP #5217 Page 5 of 28
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii, prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii, require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts speci�ed for the Contractor, with the City
being a named insured as its interest shall appear�, and
v. require that the Subcontractor indemnify and hold the City harmless to the same e�ent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on
the part of the City to pay or to see to the payment of any moneys due any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
9. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently
without consultation, communication, or agreement for the purpose of restricting competition, as
to any matter relating to such fees with any other Contractor or with any competitar.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
10. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and
workmanlike manner in accordance with generally accepted indushy standards and practices, the
terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws,
rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warraniy period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shali be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
RFP #5217 Page 6 of 28
of the breach warranty, but failure to give timely notice shall not impair the City's rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the Ciiy upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
11, ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall
pay all claims, costs, losses and damages attributable to the City's evaluation of and
determination to accept such defective or non-conforming deliverables. If any such acceptance
occurs prior to final payment, the City may deduct such amounts as are necessary to compensate
the City for the diminished value of the defective or non-conforming deliverables. If the
acceptance occurs after final payment, such amount will be refunded to the City by the
Contractor.
12. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time
specified after demand is made, the demanding party may treat this failure as an anticipatory
repudiation of the Contract.
13. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until noti�ed by the City that the violation
or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by
the City as a result of the issuance of such Stop Work Notice.
14. DEFAiTLT: The Contractor shall be in default under the Contract if the Contractor (a) fails
to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails
to provide adequa.te assurance of performance under Paragraph 24, (c) becomes insolvent or
seeks relief under the bankruptcy laws of the United States or (d) makes a material
misrepresenta.tion in Contractor's Offer, or in any report or deliverable required to be submitted
by the Contractor to the City.
15. TERNIINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City sha11 be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including,
without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgrnent and
post judgment interest at the ma�mum lawful rate. Additionally, in the event of a default by the
RFP #5217 Page 7 of 28
Contractor, the City may remove the Contractor from the City's vendor list for three (3) years
and any Offer submitted by the Contractor may be disquali�ed for up to three (3) years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right or
remedy provided by law.
16. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further
work pursuant to the Contract, with such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise
legally available for such purposes, for all goods delivered and services performed and
obligations incurred prior to the date of termination in accordance with the terms hereof.
17. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or
deliverable required to be submitted by the Contractor to the City shall be grounds for the
termination of the Contract for cause by the City and may result in legal action.
18. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor
if the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Cnntractor must assert its right to an adjustment within thirty (30) calendar days from the da.te of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations
under this Contract if, while and to the extent such default or delay is caused by acts of God, fire,
riots, civil coinmotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond
the reasonable control of such Party. In the event of default or delay in contract performance due
to any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of
such failure to perform.
19. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and a11 claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including al1 reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution
mechanism, including attorney and other professional fees for: (1) damage to or loss of
the property of any person (including, but not limited to the City, the Contractor, their
respective agents, officers, employees and subcontractors; the officers, agents, and
employees of such subcontractors; and third parties); and/or (2) death, bodily injury,
illness, disease, worker's compensation, loss of services, or loss of income or wages to
any person (including but not limited to the agents, officers and employees of the City,
the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include
the sale of defective or non-conforming deliverables, negligence, willful misconduct or a
RFP #5217 Page 8 of 28
breach of any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CTTI�,
INDENINIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS AARMT,ESS FROM AND AGAINST ALL
INDEMN�IED CLAIlVIS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIlVIIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
20. INSURANCE: The following insurance requirements are applicable, in addition to the
specific insurance requirements detailed in EX�IT C The successful Contractor shall procure
and maintain insurance of the types and in the minunum amounts accepta.ble to the City. The
insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage's and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification
from consideration for award. The Contractor must also forward a Certificate of
Insurance to the City whenever a previously identified policy period has expired, or an
extension option or hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City
shall not relieve or decrease the liability of the Contractor hereunder and shall not be
construed to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for a11 subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers' compensation coverage written by the Texas Workers'
Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
RFP #5217 Page 9 of 28
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an
additional insured shown on any policy. It is intended that policies required in the
Contract, covering both the City and the Contractor, shall be considered primary
coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the
Contractor shall carry Umbrella or Excess Liability Insurance for any differences in
amounts specified. If Excess Liability Insurance is provided, it shall follow the form of
the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make
any reasonable requests for deletion or revision or modification of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to rnake reasonable adjustments to insurance
coverage, limits, and exclusions when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, the claims history of the industry or
financial condition of the insurance company as well as the Contractor,
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
�i. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor sha11 endeavor to provide the City thirty (30) calendar days' written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage's indicated within the Contract.
�v. The insurance coverage's specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
21. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor wluch
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor's ability to perform thereunder, the Contractor sha11 give written notice thereof to the
City within ten (10) calendar da.ys after receipt of notice by the Contractor. Such notice to the
City shall state the date of noti�cation of any such claim, demand, suit, or other action; the
names and addresses of the claimant(s); the basis thereof; and the name of each person against
whom such claim is being asserted. Such notice shall be delivered personally or by mail and
shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney
shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201.
22. N�TICES: Unless otherwise specified, all notices, requests, or other communications
required or appropriate to be given under the Contract shall be in writing and sha11 be deemed
delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or
RFP #5217 Page 10 of 28
Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed
delivered upon receipt by the addressee. Routine communications may be made by first class
mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to
the address specified in the Contractor's Offer, or at such other address as a party may notify the
other in writing. Notices to the City shall be addressed to the City at 901B Texas Sireet, Denton,
Te�s 76209 and marked to the attention of the Purchasing Manager.
23. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public
Information Act, Chapter 552, and Texas Government Code.
24. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor sha11 provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys
and other professionals) arising out of or resulting from: (i) any claim �hat the City's exercise
anywhere in the world of the rights associated with the City's' ownership, and if applicable,
license rights, and its use of the deliverables infiringes the intellectual property rights of any third
party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated
in this Contract. In the event of any such claim, the City shall have the right to monitor such
claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf.
Further, Contractor agrees that the City's specifications regarding the deliverables sha11 in no
way diminish Contractor's warranties or obligations under this paragraph and the City makes no
warranty that the production, development, or delivery of such deliverables will not impact such
warranties of Contractor.
25. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City's andlor its licensors' confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
infortnation, and other information which the City or its licensors consider confidential)
(collectively, "Confidential Information"). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential
Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or
otherwise use the Confidential Information without the prior written consent of the City or in a
manner not expressly permitted under this Agreement, unless the Confidential Information is
required to be disclosed by law or an order of any court or other governmental authority with
proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such
information so as to permit the City reasonable time to seek an appropriate protective order. The
RFP #5217 Page 11 of 28
Contractor agrees to use protective measures no less stringent than the Contractor uses within its
own business to protect its own most valuable information, which protective measures shall
under all circumstances be at least reasonable measures to ensure the continued confidentiality of
the Confidential Information.
26. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor
agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire
right, title, and interest to specific inventions under such patentable subject matter to the City and
to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by
the Contractor for the City and the City shall own all copyrights in and to such deliverables,
provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint
ownership of any such deliverables arising by viriue of the City's sole or joint authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made-for-
hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees
providing services to the City hereunder to execute, acknowledge, and deliver an assigmment to
the City o� all worldwide right, title, and interest in and to such deliverables. With respect to
such work made-for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause
each of its employees providing services to the City hereunder to execute, acknowledge, and
deliver a work-made-for-hire agreement, in a form to be reasonably approved by the City, to the
City upon delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration
and/or protection, letters patent, or any similar rights in any and all countries and in order to
assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right,
title, and interest in and to the deliverables. The Contractor's obligations to execute,
acknowledge, and deliver (or cause to be executed, acknowledged, and delivered} instruments or
papers such as those described in this Paragraph 38 a., b., and c. shall continue after the
termination of this Contract with respect to such deliverables. In the event tihe City should not
seek to obta.in copyright protection, mask work registration or patent protection for any of the
deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as
Confidential Information under the terms of Paragraph 37 above.
27. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
28. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior
consent, the fact that the City has entered into the Contract, except to the e�rtent required by law.
RFP #5217 Page 12 of 28
29. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the City shall have the
right, in addition to any other remedy available, to cancel the Contract without liability and to
deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such
comrnission, percentage, brokerage or contingent fee.
30. GRATUTTIES: The City may, by written notice to the Contractor, cancel the Contract
without liability if it is determined by the City that gratuities were offered or given by the
Contractor or any agent or representative of the Contractor to any officer or employee of the City
with a view toward securing the Contract or securing favorable treatment with respect to the
awarding or amending or the making of any determinations with respect to the performing of
such contract. In the event the Contract is canceled by the City pursuant to this provision, the
City shall be entitled, in addition to any other rights and remedies, to recover or withhold the
amount of the cost incurred by the Contractor in providing such gratuities.
31. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicita.tion shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section sha11 constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor sha11 render the
Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of
Interest Questionnaire (Exhibit D),
32. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City, Te�s for the
purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. The City shall not have supervision and control
of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor
shall perform the services hereunder according to the attached specifications at the general direction
of the City Manager of the City, Texas, or his designee under this agreement.
33. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assigrnment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or bene�ts on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
RFP #5217 Page 13 of 28
34. WANER: No claim or right arising out of a breach of the Contract can be discharged in
whole or in part by a waiver or renunciation of the claim or right unless the waiver or
renunciation is supported by consideration and is in writing signed by the aggrieved party. No
waiver by either the Contractor or the City of any one or more events of default by the other
pariy shall operate as, or be construed to be, a permanent waiver of any rights or obligations
under the Contract, or an express or implied acceptance of any other existing or future default or
defaults, whether of a similar or different character.
35. MODIFICATIONS: The Contract can be modi�ed or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
36. INTERPRETATI�N: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the
parties or course of performance or usage of the trade shall be relevant to supplement or explain
any term used in the Contract. Although the Contract may have been substantially drafted by one
party, it is the intent of the parties that all provisions be construed in a manner to be fair to both
parties, reading no provisions more strictly against one party or the other. Whenever a term
defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control, unless otherwise defined in the Contract.
37. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the
filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either
pariy may make a written request for a meeting between representatives of each party within
fourteen (14) calendar days after receipt of the request or such later period as agreed by the
parties. Each party shall include, at a minimum, one (1) senior level individual with decision-
making authority regarding the dispute. The purpose of this and any subsequent meeting is to
attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days
after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they
will proceed directly to mediation as described below. Negotiation may be waived by a written
agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the
negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in
mediation skills to assist with resolution of the dispute. Should they choose this option; the City
and the Contractor agree to act in good faith in the selection of the mediator and to give
consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of
the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within
thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by
the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to
participate in mediation in good faith for up to thirty (30) calendar days from the date of the first
mediation session. The City and the Contractor will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they
may utilize to represent them or otherwise assist them in the inediation.
RFP #5217 Page 14 of 28
38. JTJRiSDICTION AND VENITE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as
adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that
would refer to and apply the substantive law of another state or jurisdiction. All issues arising
from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not
be construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
39. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the
Contract shall in no way affect the validity or enforceability of any other portion or provision of
the Contract. Any void provision shall be deemed severed from the Contract and the balance of
the Contract shall be construed and enforced as if the Contract did not contain the particular
portion or provision held to be void. The parties further agree to reform the Contract to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Contract from
being void should a provision which is the essence of the Contract be determined to be void.
40. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal
Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of
operation shall be between 8:00 am and 5:00 pm, Monday through Friday, excluding City of
Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of
operation must be approved by the City Manager of Denton, Texas or his authorized designee.
41. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the
Contract. �
42. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City is prohibited from contracting with or making prime or sub-awards to parties that are
suspended or debarred or whose principals are suspended or debarred from Federal, State, or
City Contracts. By accepting a Contract with the City, the Vendor certifies that its �rm and its
principals are not currently suspended or debarred from doing business with the Federal
RFP #5217 Page 15 of 28
Government, as indicated by the General Services Administration List of Parties Excluded from
Federal Procurement and Non-Procurement Programs, the State of Texas, or the City.
43. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, se� age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as
defined in the ADA.
44. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable, in addition to the specific federally
funded requirements.
A. De�nitions. As used in this paragraph
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this de�nition,
plus allocable overhead costs, but excluding pro�t. Cost of cornponents does not include any
costs associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United Sta.tes, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated,
collected, and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Fareign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. l0a - lOd} provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit
documentation with their Offer demonstrating that the article is on an approved Governmental
list.
D. The Contractor sha11 deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certi�cate".
RFP #5217 Page 16 of 28
45. RIGHT TO INFORMATION: The City reserves the right to use any and all information
presented in any response to this solicitation, whether amended or not, except as prohibited by
law. Selection of rejection of the submittal does not affect this right.
46. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractar or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
47. PREVAILING WAGE RATES: All respondents will be required to comply with Provision
5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment
of prevailing wage rates and prohibiting discrimination in the employment practices.
http://www. access. gpo. gov/davisbacon/tx.html
48. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The
Respondent must comply with all applicable laws at all times, including, without lirnitation, the
following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas
Penal Code, which prohibits the offering or conferring of benefits to public servants. The
Respondent shall give all notices and comply with all laws and regulations applicable to
furnishing and performance of the Contract.
49. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate
on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section
530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law
employees. Respondent is responsible for both federal and State unemployment insurance
coverage and standard Worker's Compensation insurance coverage. Respondent shall ensure
compliance with all federal and State tax laws and withholding requirements. The City shall not
be liable to Respondent or its employees for any Unemployment or Workers' Compensation
coverage, or federal or State withholding requirements. Contractar shall indemnify the City and
sha11 pay all costs, penalties, or losses resulting from Respondent's omission or breach of this
Section.
50. DRUG FREE WORI�LACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C.
701 ET SEQ.) and maintain a drug-free work environment; and the fina.l rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may
hereafter be issued.
51. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property
and equipment caused by the Respondent and its employees, agents, subcontractors, and
suppliers, including any delivery or cartage company, in connection with any performance
pursuant to the Contract. The Respondent shall notify the City Procurement Manager in writing
of any such damage within one (1) calendar day.
RFP #5217 Page 17 of 28
52. FORCE MAJEURE: The City, any Customer, and the Respondent shall not be responsible
for performance under the Contract should it be prevented from performance by an act of war,
order of legal authority, act of God, or other unavoidable cause not attributable to the fault or
negligence of the City. In the event of an occurrence under this Section, the Respondent will be
excused from any further performance or observance of the requirements so affected for as long
as such circumstances prevail and the Respondent continues to use commercially reasona.ble
efforts to recommence perFormance or observance whenever and to whatever extent possible
without delay. The Respondent shall immediately notify the City Procurement Manager by
telephone (to be confirmed in writing within five (5) calendar days of the inception of such
occurrence) and describe at a reasonable level of detail the circumstances causing the non-
performance or delay in performance.
53. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Pariy to require performance in the future. No
delay, failure, or waiver of either Pariy's exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
ar remedy. A waiver by a Party of any breach of any term of the Contract will not be construed
as a waiver of any continuing or succeeding breach.
54. NO WAIVER OF SOVEREIGN IlVIM[TNTTY: The Parties expressly agree that no
provision of the Contract is in any way intended to constitute a waiver by the City of any
immunities from suit or from liability that the City may have by operation of law.
55, RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of foux (4) years
after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all
audit and litigation matters are resolved, whichever period is longer. The Respondent sha11 grant
access to all books, records and documents pertinent to the Contract to the CPA, the State
Auditor of Texas, and any federal governmental entity that has authority to review records due to
federal funds being spent under the Contract.
RFP #5217 Page 18 of 28
Exhibit B
Special Terms and Conditions
Total Contract Amount
The contact total for services shall not exceed $84,000 per one-year term. Pricing shall be per
E�ibit E attached.
Contract Terms
The contract term will be one (1) year, effective from date of award or notice to proceed as
determined by the City of Denton Purchasing Department. At the City of Denton's option and
approval by the vendor, the contract may be renewed for an additional two (2) one-year periods,
as further explained in Renewal Options.
Renewal Options
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, unless either party
noti�es the other prior to the scheduled renewal date in accordance with the provision of the
section titled "price adjustments", or the section(s) titled "termination". At the sole option of the
City of Denton, the Contract may be further e�ended as needed, not to exceed a total of six (6)
months.
Price Adiustments
Prices per E�ibit E must be firm for a period of one year from da.te of contract award. Any
request for price adjustment must be based on the, U.S Department of Labor, Bureau of Labor
Statistics, Producer Price Index (PPI)* for other wired telecommunication services
(PCU5171105171109) (http://www.bls.gov/ppi/home.htm). The price will be increased or
decreased based upon the annual percentage change in the PPI. The maximum escalation will not
exceed +/- 8% for any individual year. The escalation will be determined annually at the
renewal date. Should the PPI change exceed a minimum threshold value of +/-1 %, then the
sta.ted eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the
8% limit per year. The supplier should provide documentation as percentage of each cost
associated with the unit prices quoted for consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Contractor must
also provide supporting documentation as justification for the request.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation
as competitive with the general market price at the time, and become effective upon the renewal
date of the contract award or reject the increases within 30 calendar davs after receipt of a
properly submitted request. If a properly submitted increase is rejected, the Contractor may
�` Producer Price Index/PPI is deFlned by the U.S. Department of Labor:
The Producer Price Index (PPI) is a family of indexes that measures the average change over time in
selling prices received by domestic producers of goods and services. PPI measures price change from the
perspective of the seller. This contrasts with other measures, such as the Consumer Prica Index (CPI),
that measure price change from the purchaser's perspective. Sellers' and purchasers' prices may differ
due to government subsidies, sales and excise taxes, and distribution costs.
RFP #5217 Page 19 of 28
request cancellation of such items from the Contract by giving the City of Denton written notice.
Cancellation will not go into effect for 15 calendar davs after a determination has been issued.
Pre-price increase prices must be honored on orders dated up to the official date of the City of
Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasin ,citvofdenton.com
Or mail to: Or call:
City of Denton City of Denton Purchasing
Attn: Purchasing Manager (940) 349-7100
RFP # 5086
901B Texas Street
Denton, Texas 76209
The City of Denton reserves the right to accept, reject, or negotiate any proposed price changes.
uantities
The quantities indicated on the Pricing Sheet are estimates based upon the best available
information. The City reserves the right to increase or decrease the quantities to meet its actual
needs without any adjustments in the prices. Individual purchase orders will be issued on an as
needed basis.
Contractor Standards of Performance
Monthly Time Standards - Contractors shall fully understand that the City relies on the product
or service of the contract 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 inust 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°/a of all orders.
Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for
performance that falls short of specified performance standaxds as outlined below:
The Contractor shall be assessed a one (1 %) percent fee first day when any one of the
performance standards outlined above are not met in full - 95% on time delivery services. The
Contractor shall be assessed a two (2%) percent fee each subsequent day when performance
standards outlined above are not met within 95% on time delivery services. At the end of each
week, the City will review the reports and determine the percentage of penalty to be assessed
to the Contractor.
RFP #5217 Page 20 of 28
Exhibit C
1NSURANCE REQUIREMENTS AND
WORKERS' COMPENSENTATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractua/ obligations,
which the successful contractor sha!! have a duty to maintain throughout the course of fhis
contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contracfor, the
Contractor shall provide and maintain until the contracfed work has been completed and
accepfed by the Cify of Denton, Owner, the mfnimum insurance coverage as indicated
hereinafter,
Contracfor shall file with the Purchasing Departmenf satisfactory certificates of
insurance including any applicable addendum or endorsements, confaining the contract
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at ar�y time;
however, Contractor shall not commence any work or deliver any maferial until he or she
receives nofification that the contract has been accepted, approved, and signed by fhe
City of Denton.
All insurance policies proposed or obtained in safisfaction of these requirements shall
comply with the following general specifrcations, and shall be mainfained in compliance
wifh these general specifications throughout the durafion of fhe Contracf, or longer, if so
noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officia�s, Agents, Employees
and volunteers.
■ That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Cancellation: City requires 30 day written notice should any of fhe policies
described on fhe certificafe be cancelled or maferially changed before the
expiration date.
RFP #5217 Page 21 of 28
• Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a gene�al annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double
the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
AII insurance policies proposed or obfained in satisfacfion of this Contract shall
additionally comply wifh the following marked specificafions, and shall be maintained in
compliance with these additional specifications throughouf the duration of fhe Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL.0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground {XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
RFP #5217 Page 22 of 28
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 500 000 either in a single policy or in a combination
of basic and umbrella or excess policies. The policy will include bodily injury and
property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
Subrogation against the City, its officials, agents, employees and volunteers for any work
perFormed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor�s Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
$500,000.00 combined bodily injury and property damage per occurrence with a
$'I,000,000.00 aggregate.
[] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $7,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
RFP #5217 Page 23 of 28
[ ] Buiiders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
( ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery
inside/outside the premises, burglary of the premises, and employee fidelity. The
employee fidelity portion of this coverage should be written on a"blanket" basis to cover
all employees, including new hires. This type insurance should be required if the
contractor has access to City funds. Limits of not less than $ each
occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts
and specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
RFP #5217 Page 24 of 28
[X]
ATTACHMENT 1
Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing
statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the
project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor'slperson's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities perForming all or part of the services the
contractor has undertaken to perform on the projeet, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior to
the end of the coverage period, file a new certificate of coverage with the
governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
RFP #5217 Page 25 of 28
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
� project; and
2. no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall nofiify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payro�l amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on
RFP #5217 Page 26 of 28
the project; and
b. a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of
any change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) -(7), with the certificates of coverage to be
provided to the person for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the praject,
that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare
the contract void if the contractor does not remedy the breach within ten
days after receipt of notice of breach from the governmental entity.
RFP #5217 Page 27 of 28
Exhibit D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local govemmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE
USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received
person who has a business relationship as defined by Section 176.001(1-a) with a local governmental
entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local govemment entity not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
� Name of person who has a business relationship with local governmental entity.
2
❑ Check this box if you are flling an update to a previously filed questionnaire.
(The law tequires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or
inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach
additional pages to this Form CIQ as necessary.
A. IS the local government officer named in this section receiving or likely to receive taxable income, other than
investment income, from the filer of the questionnaire?
0 Yes � No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, ftom
or at the direction of the local govemment officer named in this section AND the taxable income is not received
from the local governmental entity?
0 Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the
local government officer serves as an officer or director, or holds an ownership of 10 percerrt or more?
0 Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the govemmental Date
entity
RFP #5217 Page 28 of 28
.��� � o,a��Mn��oo�vv�
r�,,,,,..-� GERTIFICATE OF LIABILITY INSURANCE E,�,Z�,13
THIS CERrIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGFITS UPDN THE CERTIFICATE HOLDER THIS CERTIFICATE
DOES NOT AFFIRMATIVELY ORNEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO 8Y THE POUCIES BELCIW. THIS CERfIFICATE OF
INSURANCE QOES NUT CON$TITUTE A CONTRACT BE7WEEN THE ISSUING INSURER(Sj, AUTHORIZED REPRESENTATIVE UR P�DUCER, ANd THE
CERTIFIGATE HOLDER
IAAPORrANT: If the certificate holder Is an ADDITIQNAL INSURED, the palicy(ies) must be endorsed. If SUBROGATION IS WAIV�,
subjecl to theierms and conditions ofthe policy, certain policies may require an endorsement. Astetement on N�is cerfificate doesnot
confe� ri hts to the certl8cate hclder in Ifeu of Such endarsement s.
CONTlGT TROY WAI,DROP
N/ME:
PRQDUCER �'1°"0 • (214) 690-7629 Fax
Mi ke Austi n ���
or_e GEZ�o Boulevard Address; NTXTCOM GMAIL . COM
Erede=icksburg, vA az4-z INSURERS AFFQRDING C�VERAGE MAIC #
hg,^,21 INSURERA: GOV�ItNf•9�N'P Y�t7'LCY��S 1[VSUNAN::� CGf9YANY 22063
INSURED INSURER B:
^-JATA COM IhC
21g$ CCVEY CIR INSURERC:
SnN^vER T3i 762G6 INSURERD:
INSURER E:
I NSURER F:
COYERAGES
H E POLICIESOF INSUR4NCE LJ STED BELOW HAUE BEEN I SSUE� TO TH E INSUl�D NAME� ABOVE FORTHE POLICY PERIOD I NDICA7ED. NO7WITHSTPN DING ANY
QUI RE7viHV T, TEPoVA QR CON DITI ON Q F AN Y Cd NTRACT OR OTHE R DOCUM EN T W ITH F�S PEC T TO W HICH THIS CE RTIF ICAT E MAY BE �$SU � Q R MAY pERTN N, TH E
NSIJRANCEAFFOI�EDBYTHEPOLICIESDESCRIBEDHEI�IN ISSUBJECTTOALLTHETEPoIAS, IXCLUSION3ANDCONDITIONSOFSUCHPC3LICIES.AGGREGATELIMITS
OWN MAY HAVE BEEN PEDUCED BY PAID CLAIMS.
�N� TYPE OF INSURANCE ���� �gR PaLICY NUMBER �-�CY EFFECi1VE POLICY F��IRATION t�q�Ts
LTR NSRD ww OATE MMlDDI bATE[MMlDD1YYJ
GENERPL LIABILITY EAGH OCCURRETlCE $
COMMERCIPL GENERAL LIABWN DAMhC�E TO RFMED �
PIiB�AISE5 (Ea occurencey
C�+�MS MAD� OCCUR MEO. EM�ENSE (My one person) �i
PERSONAL & ADV. INJURY $
GENERAL AGGREGATE �
PRO�UCTS-COMPfOPAGG. $
GEN'L AGGREGATE LIMIT N�PI.JES PB�:
POLICY PR0.IECT LOC
AUTOMOBILE LIABILITY COMeINm SING�LIMn $ 50�, �00
(Ea a�IdOM)
A ANYAU7o X 910i:G418fl2 6; 5/2013 6/5/20_9 aODILY INJURY $
(Per pereon)
ALL OWNF� X SCHmULFD � BODILY INJURY $
AUTOS AUTOS r accide t
HIRFD AUT6S NON-OWNED X PROPERN DRMAGE �
AUTpS (PeraccidenQ
�
UMBI�LLAIJAB OCCUR EACH OCCURF2FNCE $
IXCES8IJAB CWMS-MA➢E AGGREGATE $
DED ETENTION $ $
WORIff.RS' COMPENSATION AND EMPIDYERB' WC STATU- OTl-H
WIBIIlTY Y/ N TORYUMITS ER
ANY PROPRIEfQRIPARTNER/EXEGl1T1VE ❑ N� A E.L. EACH ACCIOEN7 $
OFFICERlMEAABER IXGWOm?
EL DISEAS&PQLICY LIAAIT Si
If yes, describe under
SPECIAL PRpV�$�pN$ belOw E.L. DISEASEEACH FMPLOYEE $
DE3CRIPTION OF OPERATION3l LOCATION3! 1fEHICLE31 EJCCLUSION$ADDE� BYENDpR9EMENTI3PECIALPROVISION3
CITY OF DENTON IS NAMED AS ADDTI�NAL INSURED
CERTIHCAIE HOLLIER CANCEW4110N
C ITY OF DENTON SHOULD ANY OF THE ABdVE DESCRIBED P�LJCIES BE CANCELLED BEPUFi� THE
9O1-B TEXAS ST EJ(PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
DENTON i TX 7 62 D 5 ACCOfldANCE WITH THE POLICY PROVISIONS.
AUTHORIZE� REPRESENTA7IVE
U �aws-su�u ru:crtu �uratinw� wrv.w� rigms reservea.
ACOR� 25 (2D1W 05) TheACO� name andiogo are reglstered marka af ACOf�
��1���
"yT' e e.2•ceeil tlre stir�tiliir�la"
Company Name:
T-DATACOM, INC.
Contact Info:
TROY WALDROP
2198 COVEY CIRCLE
�SANGEIt,, TTXAS 762G6
OFPICE: 214.(i9�.'7'629
FAX: 940.458.061�
R.e�uest for Proposals (RFP)
#521'T - Structured Couun�wications Ca�bliug.
RESTRTCTED- PROPRIETARY INFORMATI�N
This document contains Proprietary Information which is provided solely in connection with the specific opporiw�ity
identified herein. T-Data.Com Inc, provides this proprietary informadon to the organization n:uned, solely for its use ut
connection with this opportwury nnd it may not be disclosed to anqone outside the disclosed to party without prior
consent of T-Dat�.Com Inc.
2198 COVEY CIltCLE r SANGER, TEXAS '76�66
OFFICE: 214.690.7629 * FAX: 940.458.0613
ntxtcom@gmail.com
"W'e excee�l il�est�+r�u7�rdx"
T-�������, ��. �X�C11�1Y� ►.�1I111I11dI'y
T- DATACOM, INC has over thu�ty three yeaa•s experience of service in the
sti•uct�u•ed cabling indusiay. T- DATACOM pi•ides itself in providing customei•
oizented, e�"icient, bu�n key network solutions, with a h€�.nds�n eatpei�e of
voice, data, and fiber optic network cabling. W°ith the operations handled by the
foundei•, T- DATACOM, INC can provide each enstomei• with e8'icient,
personal attention.
Af�er five ,yes�a•s of worl�ng with the City Of Denton a.s tlieit• preferred
�s°aYC�u•ed �albl�g vendor we �d���.�nd t�e n�poa�ta.nt ns�� ��� f•���i�g the
Cit�s requested services and requu ements.
T- DATACOM, INC offers the highest of quality servioes with competitive
market rates.
�`- D�'I`�COM, I14TC �elco�res �d ene�urages o�^ cust,o��r��s t,o �ake site
visits of �vork oompleted and or work still in progi•ess.
T- DATACOM, INC looks forward to reviewing ,your needs as well a.s Snding
the solution that best suit;s you. Worlaug together we can help make your
project ivn smootli and �ea.mless.
Thso.nk ,you for the opportunity and for considei7ing T- DATACOM, INC for a11
your de,sign and installation needs.
RESTRICTED- PROPRIETARY INFORMATION
This document contains Proprietary Information which is provided solely in connection with the specific opporiunity
identified herein. T-Data. Com Inc. provides this proprietary information to the organization named, solely for its use in
connection with this opportuniry and it may not be disclosed to anyone outside the disclosed to party without prior
consent of T-Data.Com Inc.
2198 COVEY CIRCLE * SANGER, TEXAS 76266
OFFICE: 214.690.7629 * FAX: 940.458.�613
ntxtcom@gmail.com
The City of Denton
Purchasing Department
901-B Texas Street
Denton, Texas 76209
REQUEST FOR PR�P4SALS
RFP 5217
Design a.nd Installation of Structured Communications Cabling
FOR THE CITY OF DENTON
NIGP CLASS and ITEM
962 18
285 10
287 96
Issue Date: March 25, 2013 =
Response due Date and Time (Central Time):
Tuesday, Apri116, 2013, 2:00 p.m.
CITY OF DENTON
RFP FOR Structured Communications Cabling
S�LICITATION CHECKLIST
Checkfist for RFP #5217
Title: Structured Communications Cabling
Opening Date: 4/16120�13 at 2:U0 PM
Contractor Name and Address: T-DATACOM, INC. 2198 COVEY CIRCLE SANGER, TEXAS 76266
Contact: _Troy Waldrop
TX Taxpayer VIN#: 1-26-3495623-4
Phone: 214-690-7629
Fax: 940-458-0612
Email:_ntxtcom@gmail.com
Submit one {1) original and two (2) WRITTEN copies of submittal (REQUIRED)
a. Submit Written Proposal by courier, hand delivery, or mail
b. Exhibit 1-Excel Pricing Sheet, Review, complete, and return
2. Email Exhibit 1 in Excel farmat ta ebidsCc�citvofdenton.com
3. Submittal Content (Meet Section III)
• Review all requirements
• Ensure your firm meets all stated minimum requirements
• Documentation included to support the evaluation criteria.
• Company lnformation
• Relevant Experience and Qualifications
• Methodology (Service Contracts Only)
• Quality Assurance / Quality Control
• Litigation History Statement
• Addendum(s) Reviewed and return None Posted
• Atfachment A, Review Re�iewed
• Attachment B, Not Applicable
• Attachment C, Review, complete, and return Completed
• Attachment D, Not Applicable
• Attachment E, Review, complete, and return N�A
• Attachment F, Review, complete, and return Completed
• Attachment G; Review, complete, and return No Conflicts
• Attachment H, Review, complete, and return
• Attachment I, Review and note exceptions
• Attachment J, Review, complete, and return
Completed
None Noted
Completed
PAGE 2 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured.Communications Cabling
TABLE OF CONTENTS
Section I General
Secdon II Procurement Process and Procedures
Section III Submittal Requirements
Section N Evaluation and Award
Section V Payment and Performance Requirements
Section VI Standard Teams and Conditions
Attachment A Insurance and Workers' Compensation Requirements
Attachment B Not Applicable
Aitachment C Business Overview Questionnaire Forms
Attachment D Not Applicable
Attachment E Safety Record Questionnaire
Attachment F References
Attachment G Conflict of Interest Form
Attachment H ' Disadvantaged Business Utilization
Attachment I Sample Contract Documents
Attachment J Acl�owledgment
E�ibit 1 Pricing Sheet
Exhibit 2 Scope of Work
Addendum 1
Addendum 2
Texas Sales and Use Tax Permit
Company Information
Commercial General Liability Insurance
Workers Compensation and Employers' Liability
PAGE 3 OF RFP #5217 RespondenYs Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
Section I
General
1. INTRODUCTION
In accordance with the provisions of Texas Local Government Code, Chapter 252, The City of
Denton (the City) is requesting proposals to contract with an individual or business with
considerable experience in providing goods or services of this RFP. The proposals and the cost
solutions shall be submitted to the City of Denton in a sealed submission, in accordance with
Texas Local Govertunent Code 252.0415 and 252.042.
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.
The City of Denton is exempt from Federal Excise and State Sales Tax.
A. COMMiTNITY PROFILE
Denton, Texas is a Main Street City in the North Texas region at the apex of Interstate 35 East and
Interstate 35 West. Established in 1857, Denton is the county seat of Denton County and was
named for John B. Denton. Denton is unique in composition; the city is comprised of over 92
square miles which radiate out in all directions from the downtown core, with a population of
113,000. In addition to the unique physical composition of the city, there is a unique character
to the City. It is comprised of a diversity of neighborhoods and land uses that range from
historical residential and commercial districts to new residential subdivisions and in.dustrial
complexes to greenbelt areas and newly annexed rural areas. Denton is home to two staie
universities, the University of North Texas, and Texas Woman's Un.iversity, and two regional
hospitals. The City is traversed by state highways, rail lines, and Interstate 35 E& W. This
summer Denton County Transportation Authority (DCTA) began operation of a passenger rail
service that runs from downtown Denton to the City of Carrollton, where passengers may
transfer to the Da11as Area Rapid Transit (DART) system and continue travelling by rail
within the Metroplex region. The rail service is accompanied by the opening of two rail
stations in Denton. The City of Denton has also taken a proactive approach in its pursuit of
environmental and sustainable initiatives. The City has, through DME, become a national
leader in renewable energy with more wind power per capita than any other city in the United
States and through Denton Solid Waste, become a national leader in sustainability and
environmental stewardship through various award winning programs.
PAGE 4 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
services; and allows for fluid responsiveness to upcomi_ng changes — both anticipated and
unforeseen. The use of technological opportunities throughout the service delivery is
encouraged. .
L MII�TIlVILJM SUBNIIS5ION REQUIItEMENTS
The following minimu�m requ.irements must be demonstrated in order for the submission to be
considered responsive to the City of Denton. Any proposal received, which is determined to
not meet these mandatory requirements shall be immediately disqualified and rejected as non-
responsive.
• Respondent rnust be certified to install Category 6 UTP cabling systems (plenum rated) by
Ortronics, Chatsworth Products and Caddy, or equivalent. .Altei�aate Cate�y 6 UTP
brands/standards must be c1ea�-lv identified on the submission. Identify all certified
personnel to be assigned to this project, each possessing a minimum of two (2) years
experience installing Cat 6 cable. Please deta.il on attachment �C.
• Respondent must be a reputable company having a rninixnum of two (2) years experience
designing and installing structured communications wiring systems. Please detail on
attachrnent F.
• The selected respondent must own testing equipment and possess the ability to test to the
most current adopted EIAJTIA standards. Please detail on attachment �C.
• The respondent must be registered by the State of Texas or the Coun.ty of Denton, to
provide any services which rnay be required and the company must have all licensure
required by the State to provide any services required.
• Three (3) references from governmental entities far the products or services requested. The
City prefers references from municipalities of si_milar size.
• A defined level of industry knowledge and understanding.
Please provide written detail of contractor's ability to meet these
req uirements.
2. CONTRACT TERM
It is the intention of the City of Denton to award a contract for a one (1) year period. The City and
the Awarded Contractor shail have the option to renew this contract for an additional two (2) one-
year periods. Materials and services undertaken pursuant to this RFP will be required to
commence within fourteen (14) days of delivery of a Notice to Proceed. The services sha.11 be
accomplished per the Technical Specifications as identified in Exlubit 2 and the Procurement
Process and Procedures as outlined in Section II.
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, unless either
PAGE 5 OF RFP #5217 _
CITY OF DENTON
RFP FOR Structured Communications Cabling
; i :[i�cl�Zlii��1 ]
The City of Denton ha.s experienced significant growth over the past few years and significant
utilization of goods and services to meet the ever growing needs of a vibrant cominunity has
driven the need to obtain long term commitments to supply materials and services. The City
desires an innovative solution that ensures a successful approach to provide goods and
services; and allows for fluid responsiveness to upcoming changes — both anticipated and
unforeseen. The use of technological opportunities throughout the service delivery is
encouraged.
2. 1VIINIlVIUlVI SUBMISSION REQUIREMENTS
The following minimum requirements must be demonstrated in order for the submission to be
considered responsive to the City of Denton, Any proposal received, which is detennined to
not meet these mandatory requirements shall be immediately disqualified and rejected as non-
responsive.
• Respondent must be certified to install Category 6 UTP cabling systems (plenwn rated) by
Ortronics, Chatsworth Products and Caddy. Identify all certi�ed personnel to be assigned
to this project, each possessing a minimum of two (2) years experience installing Cat 6
cable. Please detail on attachrnent F.
• Respondent must be a reputable company having a minimum of two (2) years experience
designing and installing structured communications wiring systems. Please detail on
attaclvnent F.
• The selected respondent must own testing equipment and possess the ability to tesi to the
most current adopted EIA/TIA standards. Please detail on atta.clunent F.
• The respondent must be registered by the State of Texas or the County of Denton, ta
provide any services which may be required and the company must have all licensure
required by the State to provide any services required.
• Three (3) references from governmental entities for the products or services requested. The
City prefers references from municipalities of similar size. _
• A defined level of industry knowledge and understanding.
Please pravide written detail of contractor's ability to meet these
requirements.
3. CONTRACT TERM
It is the intention of the City of Denton to award a contract for a one (1) year period. The City and
the Awarded Contractor shall have the option to renew tlus contract for an additional two (2) one-
PAGE 5 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
year periods. Materials and services underta.ken pursuant to this RFP will be required to
commence within fourteen (14) days of delivery of a Notice to Proceed. The services shall be
accomplished per the Technical Specifcations as identified in Exhibit 2 and the Procurement
Process and Procedures as outlined in Section II.
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, unless either
parly notifies the other prior to the scheduled renewal date in accordance with the provision of
the section titled "price adjustments", or the section(s) titled "termination". At the sole option
of the City of Denton, the Contract inay be further extended as needed, not to exceed a total of
six (6) months.
4. PRICING
Firm Price
Pricing and discounts proposed is firm for the initial one-year period specified in the
solicitation. Price decreases are allowed at any time. Price increases shall only be considered as
stipulated below in paragraph #5, "PRICE ADJUSTMENTS".
Price Decreases/Discount Increases
Contractors are required to immediately implement any price decrease or discount increase that
may become available. The City of Denton must be notified in writing for updating the
contract.
5. PRICE ADJUSTMENTS
Prices quoted for staffing must be firm for a period of one year from date of contract award.
Any request for price adjustment must be based on the, U.S Department of Labor, Bureau of
Labor Statistics, Producer Price Index (PPI)* for other wired telecommunication services
(PCU5171105171109) (http://www.bls.gov/ppi/home.htm). The price will be increased or
decreased based upon the annual percentage change in the PPI. The maximum escalation will
not exceed +/- 8% for any individual .year. The escalation will be deterniined annually at the
renewal date. Should the PPI change exceed a ininimum threshold value of +/-1%, then the
stated eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the
S% liYnit per year. The supplier should provide docutnentation as percentage of each cost
associated with the unit prices quoted for consideration.
* Producer Price Index/PPI Is defined by the U.S. Department of Labor:
The Producer Price Index (PPI) is a family of indexes that measures the average change over time in selling
prices received by domestic producers of goods and services. PPI measures price change from the perspective of
the seller. This contrasts with other measures, such as the Consumer Price Index (CPI), that measure price
change from the purchaser's perspective. Sellers' and purchasers' prices may difFer due to government subsidies,
sales and excise taxes, and distribution costs.
PAGE 6 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
Request inust be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 da.ys prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request.
Upon raceipt of such request, the City of Denton reserves the right to either: accept the
escalation as competitive with the general market price at the time, and become effective upon
the renewal date of the contract award or reject the increases within 30 calendar davs after
receipt of a properly subinitted request. If a properly subinitted increase is rejected, the
Contractor may request cancellation of such items from the Contract by giving the City of
Denton written notice. Cancellation will not go into effect for 15 calendar da.vs after a
determination has been issued. Pre-price increase prices must be honored on orders dated up to
the official date of the City of Denton approval and/or ca.ncellation.
The request can be sent by e-mail to: purchasing�cityofdenton. com
Or mail to:
City of Denton
Attn: Purchasing Manager
RFP # 5217
901B Texas Street
Denton, Texas 76209
Or call:
City of Denton Purchasing
(940) 349-7100
The City of Denton reserves the right to accept; reject, or negotiate the proposed price changes.
6. SUBSTTTUTIONS
Substitutions are not permitted without the written approval of The City of Denton Purchasing
Department.
7. DLSQUALIFICATIONS
Any tenns and conditions attached to a solicitation will not be considered unless speci�cally
referred to on a solicitation and may result in disqualification. Any proposals that do not clearly
outline all qualifications may be disqualified.
8. INTELLECTUAL PROPERTY INDEMN�'ICATION
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 claun that are awarded against the City of Denton or its authorized users, in a judgtnent or
settlement. If the City of Denton or its authorized users' utilization of the software becomes
subjeci to a claun, 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.
PAGE 7 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
9. RIGHTS TO DATA, DOCiTMENTS, AND COMPUTER SOFTWARF
(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 a11 its writings for its personal
files. Contractor sha11 not use, willingly a11ow, or cause to have such materials used %r any
purpose other than the performance of contractor's obligations under this contract without the
priar 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 li�nited to, the right to copy,
publish, display, transfer, prepare derivative works, or otherwise use the works.
10. ADDING NER' 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 RFP or IFB for the products after rejecting some or all of the proposals. The
commodities and services covered under this.provision shall conform to the sta.teinent of work,
specifications, and requirements as outlined in the request. Contract changes shall be made in
accordance with Local Government Code 252.048.
11. COOPERATIVE PURCHASING / PIGGYSACK OPTION
The contract resulting from this solicitation will be available for use by all governmental
entities, providing there is no conflict with any applicable statutes, rules, policies, or
procedures. The governinental entities will have the option to use the pricing as agreed to
within the resulting contract. Provided that other governmental entities are interested in
ordering from the resulting contract, and other delivery Iocations are requested than originally
agreed upon, the City of Denton and the awarded contractor will seek a inutual agreement for
pricing to other locations.
Govemmental entities will issue their internal purchase orders directly to the contractor(s),
however, shall reference and cite the City of Denton contract number (RFP nurnber) within the
purchase order document.
After award, The contractor agrees to pay a service fee in the amount of 2% of the dollar
amount of all externally issued purchase orders generated from use of this contract by
cooperative agencies.. The contractor further agrees to remit the service fee by check on a
quarterly basis for the previous quarter spent through this contract, to Julia Klinck, Purchasing
PAGE 8 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
Coordinator at 901B Texas Street, Denton, TX 76209, on or by the Fifteen day of each month,
following the end of the quarter. The Contractor shall also provided quarterly sales reports
froin the Contract awards and Purchase Orders issued froin the Contract, for the purpose of
billing and collecting the service fee, and for compiling required purchasing history. This
report sha11 be sent to purchasing,�a,cityofdenton. com on or by the tenth day of each month.
The Contractor further agrees that the City of Denton shall have the right, upon reasonable
written notice, to review the Offerors records perta.ining to purchases under this awarded
contract to verify the accuracy of service fees charged to the Contractor.
12. QUANTITIES
The quantities indicated on the Pricing Sheet (E�ibit 1) are estimates based upon the best
available information. The City reserves the right to increase or decrease the quantities to meet
its actual needs without any adjustments in the prices. Individual purchase orders will be
issued on an as needed basis.
13. PRODUCT CHANGES DURING CONTRACT TERM
The supplier sha.11 not change speci�cations during the contract tenn without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by
the City of Denton. Notice of a change shall be submitted in writing to
purchasing�a,^citvofdenton.com, with the RFP nlunber in the subject line, for review. Products
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 supplier's
expense.
14. AUTHORIZED DISTRIBUTOR
The respondent shall be the manufacturer or authorized distributor of the proposed products.
The distributor shall be authorized to sell to the City of Denton, and make available the
manufacturer's representative as needed by the City.
15. SAMPLES
Respondents must lnake samples available upon request by the City of Denton prior to award
with no costs to the City.
16. SHIPPING, DELIVERY, AND PACKAGING
Identification of Shipments:
In addition to the complete destination address, each delivery must be clearly marked
with the purchase order nuinber. Each shipment must be accompanied by a packing slip.
Packaging and Labeling:
PAGE 9 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
All items shipped must be properly labeled, with weather resista.nt labeling, showing the
brand name, packa.ge quantity, lot number (if applicable) and any other necessary identifying
information.
Special DeIivery Requirements:
Customers may have specific, internal delivery rules and policies. These will be provided
on each purchase order issued by the customer. The contractor(s) will be required to
adhere to those requirements.
PAGE 10 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
Hours of Delivery:
Delivery shall be made during the hours of 8:00 am to 4:00 pm (CST) of the Customer
unless prior approval for after-hours delivery has been obtained from the Customer. In the
event of any approval by the Custorner for after-hours delivery, Respondent may not invoice
any additional charges for fhat delivery. Respondent is encouraged to obtain Customer's hours
of operation at time of order.
Delivery Schedule:
Respondent's shall furnish, in the space indicated on the Mandatory Price Sheet, a delivery
schedule for each line itein as to time required for delivery after receipt of order
(ARO) under normal conditions. Delivery Days means calendar days, unless otherwise
speci�ed. Failure to state delivery time may disqualify Respondent. The City of Denton, at
its sole option, may choose to negotiate delivery times.
Delivery Delays:
If delay is foreseen, Contractor shall give written notice to the Customer and inust keep
Customer advised at all times of status of order. Default in promised delivery (without
accepted reasons) or failure to meet specifications authorizes the Customer to purchase
goods and services of this RFP elsewhere and charge any increased costs for the goods and
services, including the cost of re-soliciting, to the Contractor. Failure to pay a damage
assessment is cause for Contract cancellation and/or removal of the Respondent from the
City's authorized list of suppliers.
Compliant Products:
Providing products or inaterials which do not ineet all specification requirements does not
constitute delivery. Delivery does not occur until the Respondent delivers products or
materials in full compliance with the specifications to Customer's F.O.B. destination,
unless delivery is specifically accepted, in whole or in part, by the Customer. Customer
reserves the right to require new delivery or a refund in the event that materials or products
not meeting speci�cations are discovered after payment has been made.
Restocking Fee:
The Customer may request that a Contractor accept return of inerchandise already delivered
or that a Contractor cancel an order prior to delivery. If the return is required through no fault
of the Contractor, the Contractor may request a reasonable restocking charge. The Customer
may pay a restocking charge if the CPA or Customer determines that the charge is justifiable.
As a guideline, such cha.rges sha11 not exceed 10%. There shall be no fees charged for
cancellation of an order prior to shipment by the Contractor.
17. SAFETY AND ENVIRONMENTAL I3AZARDS
The City does not warrant or guarantee against the possibility that safety or envirorunental
hazards or potential hazards (including premises and special defects) may e�st 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
PAGE 11 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
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 Ciiy 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 irntnediately be reported and all safety precautions shall be taken to prevent
potential safety issues from occurring.
18. C�NTRACTOR STANDARDS OF PERFORMANCE
Monthly Time Standards - Contractors shall fully understand that the City relies on the product
or service of the RFP 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.
19. PERFORMANCE LIQUIDATED DAMAGES
The Contractor shall incur contractual payment losses, as initiated by the City for
performance that falls short of specified performance standards as outlined below:
The Contractor shall be assessed a one (1%) percent fee first day when any one of the
performance standards outlined above are not met in full - 95% on time delivery services.
The Contractor shall be assessed a two (2%) percent fee each subsequent day when
performance standards outlined above are not met within 95% on time delivery services. At
the end of each week, the City will review the reports and determine the percentage of
penalty to be assessed to the Contractor.
20. WARRANTIES
The contractor shall provide a warranty that is standard in the industry. Repair or Maintenance
of fleet not performed to industry standards shall be accomplished at the contractor's expense,
at the option of the City.
�1. INSURANCE
Respondent shall provide, upon award, a ceriificate of insurance evidencing their insura.nce
coverage's and amounts per Insurance and Workers' Compensation Requirements - Attachment
A.
PAGE 12 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
22. CONTRACTS
The successfiil awarded vendor will be required to sign an original contract. A sample contract
is provided in Attachment I— Sample Contract. Respondents shall review the document and
note exceptions in the proposal.
23. 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.
PAGE 13 OF RFP #5217 Respondent's Initials TW
1.
2.
3.
C�
CITY OF DENTON
RFP FOR Structured Communications Cabling
Section II
Procurement Process and Procedures
SCHEDULE OF EVENTS
The City of Denton reserves the right to change the dates indicated below:
Solicita.tion Schedule:
Issue RFP:
Deadline for Submissian of Questions:
Deadline for Submission of Proposal:
Evaluate and rank initial results:
Completion of Negotiations:
Off'icial Award:
03/25/2013
04/05/2013 at 2:00 PM Central Time
04/16/2013 at 2:00 PM Central Time
04/19/2013
04/24/2013
OS/07/2013
The City of Denton is using the RFP `Issue Date' as noted in the Schedule of Events
above as the officia130 day notification requirement for an interview with a firm.
PROPOSERS COST TO DEVELOP SUBMITTAL
Respondents to this RFP are responsible for a11 costs of submittal preparation, delivery
and any oral presentations required as part of the selection process. All materials
submitted in response to the RFP become properiy of the City of Denton and will be
returned only at the option of the City.
Mi1�lIlVILTM RESPONSE
Submittals that do not, at a nvninzum, contain the information as specified under Section III
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 submitta.l.
VALIDITY PERIOD
The information included in the solicitation response(s), and any cost information obta.ined
from a negotiation process, remain valid for 120 days from the response due date or until the
contract is approved by the governing body.
6. REJECTION OF SUBMITTAL
ANY PROPOSAL SUBMITTED AFTER THE DUE DATE ANID TIlVIE SPECIF7EED
WITHIN SECTION III, SHALL $E REJECTED. �HE CITY SHALL REJECT
PROPOSALS SUBMTTTED BY FIltMS THAT DO NOT MEET MINIMUM
QUALIFICATION5.
PAGE 14 OF RFP #5217
Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
The City of Denton reserves the right to reject any and all submitta.ls received in response to
the RFP and to waive any minor technicalities or irregularities as determined to be in the
best interest of the City.
7. PROPRIETARY INFORMATION
If a Proposer does not desire proprietary information in the Proposal to be disclosed, the
Proposer shall identify all proprietary information in the Proposal. This identification will
be accomplished by individually marking each page or line itern detail with the words
"Proprietary Information". If the Proposer fails to identify proprietary information, the
Proposer agrees that by submission of its Proposal, that those secti.ons shall be deemed
non-proprietary and made available upon public request. Proposers are advised that the
City, to the extent pernutted by law, will protect the confidentiality of all Proposals.
Proposer shall consider the implications of the Texas Public Information Act, particularly
after the RFP process has ceased and the Contract ha.s been awarded. While there are
provisions in the Texas Public Information Act to protect proprietary information, where
the Proposer can meet certain evidentiary sta.ndards, please be advised that a
determination on whether those sta.ndards 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 Proposer, 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.
8. NON-ENDORSEMENT
If a Proposal is accepted, the successful Proposer 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 Proposer's services.
�1��[*�1� :���_� !/�ZKI]u �u, -'_lll�l C�1:11�1 _[1)►�
After release of this solicitation, Proposer contact regarding this RFP with members of
the RFP 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
procurernent process. No officer, employee, agent or representa.tive of the Proposer sha.11
have any contact or discussion, verbal or written, with any meinbers of the City Council,
members of the RFP 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 Proposer violates the
foregoing prohibition by contacting any of the above listed parties with who contact is
not authorized, such contact may result in the Proposer being disqualified from the
procurement process. Any oral communications are considered unofficial and non-
binding with regard to this RFP.
10. ADDENDiTMS
PAGE 15 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
Proposers are required to submit signed addendum acknowledgement(s) with their
proposal. Proposers will be responsible for monitoring the City of Denton Purchasing
Website at: http://www, citvofdenton. com/index. aspx?pa�397 to ensure they have
downloaded and signed all addendum(s) required for submission with their proposal.
11. CONTACT BETWEEN PROPOSER AND THE CITY OF DENTON
Respondents shall direct all inquiries and communications concerning this RFP to the
Point of Contact(s) listed below:
Citv of Denton Procureinent Point of Contact:
Cindy Alonzo
Buyer
901-B Texas Street
Denton, T'X 76209
(940)349-7100
Fax: (940) 349-7302
Cynthia.Alonzo�a,citvofdenton, com
PAGE 16 OF RFP #5217 Respondent's Tnitials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
Section III
Submittal Requirements
Proposals shall address the following criteria, For consideration, the nroposal must submit the
minimum criteria noted below. Proposals shall, as a ininimum, include all the infonnation
described in Items 1 through 10 below to be considered responsive. The `Business Overview
Questionnaire" included as Attachment C is an acceptable format for providing much of this
infonnation. A Microsoft Word copy of this form will be provided on receipt of an email
request. Other infonnation, if provided, shall be included as appendices at the back of the
proposal,
A firm may submit a solicitation response for one or more of the categories of services
requested in this RFP. The City of Denton shall accept written submissions only, until April
16, 2013 at 2:00 p.m. Firms shall submit one original copy signed by an officer authorized to
bind the company, and 3 copies of the completed response to this solicitation in a sealed
envelope. Additionally, tlae respondent slaall provide a formatted CD(s) or memory drive,
containing a complete copy of tlae contractor's response to tlzis solicitation, or submit
electronicc�lly to ebids@cityofdenton.com. The fonnat shall be in Microsoft O�ce format.
Submit rip cing for requested services a� provided in Exltibit 1. Pricing sl:all be provided in
hard copy with the written submtssion, and also e-mailed in Excel to ebid�a,citvof�enton.com
befare the proposal due date. The format shall be in Microsoft Word and Excel fonnat only.
Submittals shall include on the envelope and the cover sheet the following information: Request
for Proposals (RFP) # 5217 — Siructured Communications Cabling.
Proposals may be hand delivered (by firm or express courier) to the address listed below; however,
e-mailed only submittals will not be accepted. Additionally, no ora1, telephone, telegraphic, or
facsimile proposals will be accepted. Where solicitation responses are sent by mail or courier, the
responsibility of timely delivery is the respondent's. Pages should be numbered and contain an
organized, paginated table of contents corresponding to the section and page of the submittal.
Appendices inay be used for general firm infonnation. The solicitation response shall be no more
than 200 pages in length (excluding sample contracts, directories, and lists, etc.). All submittals,
whether mailed or delivered by courier shall be sent to and received no later than APRIL 16, 2013
at 2:00 p.m., Central Time at the following address:
City of Denton
Attention: Cindy Alonzo, C.P.P.B, CTL, A.P.P.
Buyer
9015 Texas Street, Denton, TX 76209
940-349-7100
Written proposals must be submitted by 2:00 p.m. on the response due date. Anv
proposal received after the date andlor hour set for proposal opening will be returned
unopened. The City of Denton reserves the right to accept or reject in part or in whole any
PAGE 17 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
proposals submitted, and to waive technicalities of the submission, in the best interest of obYaining
best value for the City.
Each Contractor is responsible for taking the necessary steps to ensure their proposal is received by
the date and time noted herein. The City is not responsible for inissing, lost or late mail or any mail
delays, interna.l or external, that may result in the proposal arriving after the set tim.e.
Proposals shall include on the envelope and the cover sheet with the RFP number and name.
l. COVER SHEET
Include Respondent Company name, contact information, RFP number and na,me.
2. INTRODUCTION (EXECUTNE SUMMAR� —1 Page Maximum
Briefly describe your understanding of the requested services, important issues, and City
requirements.
3. FIItMS ORGANIZATION
a. Name and Address of the Individual or Business
T-DATACOM, INC. 2198 COVEY CIRCLE SANGER, TEXAS 76266
b. General overview of the Business
Structured Cabling in both Coimnercial and Residential applications, from
consultation to design and installation. Including but not limited to project
completion of DATA (CAT SE, 6 and 6E), FIBER, VOICE, WIIZELESS,
CELLULAR REPEATER, and COAX.
c. Business Profile(s}, including:
1) Type of Business (liinited partnership, corporation, etc.) S- corporation
2) Business History and Age: 2008 5 years
3) Susiness Size (including number in each required discipline)
4) Areas of special concentration: Structured Cabling & Cellutar Repeaters
5) Telephone nlunber and fax nutnber: 214-690-7629 fax- 940-458-0613
6) Number of year firm in business: 5 years
7) Amount of equity capital of the firm
8) Nuinber and location of offices in Texas: 1
9) Location of the office froin which the work is to be managed: Sanger, Tx
�0) Service description with specific descriptions of responsibilities, successes and
failures related to the project. Include website LTRLs for any service projects for
which they are availabla: ZERO Failures
11) Name and contact information for the project manager or other key contact with
the entity contracring these products or services: Troy Waldrop as above.
12) Details of any awards received.
PAGE 18 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
As stated above, completion of Attachment C- Business Overview Form may substitute for
submission of the above information. Additionally, firms may submit additional inforxnation,
to ensure a more complete understanding of the �rm, and comprehension of the capabilities.
4. RELEVANT EXPERIENCE AND CAPABILITIES
The responding individual or business shall provide pertinent information about the
individual or business and related experience(s) with the requested products or
services. Indicate what resources the individual or business will ha.ve available to
allocate to the project. The respondent must currently be licensed to perform work
in the State of Texas. A copy of current licensing must be included in your
proposal. Relevant experiences and capabilities of the individual or business teain
members and team as a whole will be rated by the City by a review of both
completed and on-going assignments, years of relevant experience in communities
of comparable size, and credentials; greater weight will be given to project
e�erience within the past five (5) years containing the team members proposed:
a. Include three (3) examples of past work that has been successfully implemented or
services provided. Attached
b. Eight (8) years experience with similar products or services, provide a description.
Included
c. A standard license or certification, if applicable.
d. A defined level of industry knowledge and understanding: Troy Waldrop has 33
years of knowledge and experience in the industry and possesses an unparalleled
understanding of the custoiners' needs and requirements.
e. The individual or business must be registered by the State of Texas or the County of
Denton as a business and the must have all licensure required by the State to
provide any services. Included
The individual or business must disclose any business relationship that
would have an effect, of a conflict of interest. A conflict of interest
stateinent inust be signed as part of the contract negotiated with the
awardee(s). None
5. DISCLOSURES
a. Respondent shall detail any an.d a11 relevant history of litigation involving public
projects. None
b. Respondent shall detail any and all exceptions within the proposal response. None
PAGE 19 OF RFP #5217 Respondent's Initials TW
CITY OF QENTON
RFP FOR Structured Communications Cabling
c. The individual or business must disclose any business relationship that would have
an effect, of a conflict of interest. A conflict of interest sta.tement inust be signed as
part of the contract negotiated with the awardee(s). None
6. REFERENCES
Respondent shall provide references including conta.ct names, e-mail addresses and current,
correct phone nu.mbers of Firms or public entities for which you have performed similar
professional services. Respondent shall complete Attaclunent F— References.
7. FEE STRUCURE —PRICING
Submit pricing for requested products or services as provided in E�ibit 1. Pricing shall be
provided in ha.rd copy and emailed in Excel to ebids(a(a�citvofdenton.coin before the
proposal due date.
Given the indeterminate scope of the work at this time, the City of Denton recognizes
the impracticality of soliciting a lump surn price without significant contingencies.
While pricing will be a basis for selecting a Contractor, it will not be the sole
detern�ining factor. The successful Contractor shall submit the most creative approach
to providing a quality design solution, as well as economical installation.
The proposal should respond to the base scope and specifications as defined.
8. EQUIPMENT SCHEDULE
NOT APPLICABLE
9. SAFETY RECORD
NOT APPLICABLE
10. 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
plaiuung process to implement a successful program.
b. The awarded Contractor shall provide to the City of Denton, detai.led reports of time
and services provided to the City on a monthly ba5is.
c. Staff available to assist the selected provider is limited; the proposals submitted
should not anticipate e�ensive staff assistance during e4uipment repairs or
maintenance.
PAGE 20 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
Section IV
Evaluation and Award
1. EVALUATION PROCEDURES
Selection of a Firm(s) to provide the aforementioned services will be in accordance with
the City of Denton Purchasing Policies and procedures and the State of Te�s Local
Govexnment Code 252.043. The City of Denton shall open all proposals and evaluate each
respondent in accordance to the below criteria:
Step 1: The City of Denton will evalua.te the Proposal submission in accordance
with the selection criteria and will rank the Firxns 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 Proposal. The selection
criterion is listed below:
a) Indicators of Probable Performance under contract (FACTOR:
20%).
Indicators of probable performance under the contract to include: past
vendor performance, financial resources and ability to perform, experience
or demonstrated capability and responsibility, references, and the vendor's
ability to provide reliable maintenance agreements and support.
b) Delivery Timeframe (FACTOR: 20%).
The delivery time frame for goods after receipt of order (A.R.0)
c) Compliance with Specifications, Quality, Reliability,
Characteristics to meet stated or implied needs (FACT�R 10%)
Compliance with the stated specification(s), coupled with the quality and
reliability of the goods and services, such as fitness for use that meets or
exceeds custorners expectations, and the characteristics of the product or
service that bear on its ability to ineet the stated/implied needs.
d) Price, Total Cost of Ownership (FACTOR: 50%).
The price of the 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 as stated
within Local Government Code 252.043 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
PAGE 21 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
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 proposals shall be scored and weighted as
indicated in Section N, Step 1 items a-d. Based on the outcome of the
computations performed, each proposal will be assigned a raw score. The
assigned weight will then be applied to these scores to calculate an overall
score for each proposal for completion of the final scoring process.
The proposals sha11 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 5tep 2, with the Firm(s) that are considered within
the competitive range and present an overall best value to the City of
Denton.
Step 2: After the final ranking of the proposals and determination of Firm(s) that
provide a best value to the City and are witxun the competitive range,
provided the City of Denton elects to proceed without oral discussions, the
City will immediately proceed to negotiate fmal pricing, terms and
conditions with the highest ranked Firm or Firms. The City of Denton
mav elect to conduct oral discussions, request clarifications, and
, presentations concerning the project approach and ability to fumish the
requirements, as part of the negotiation process. The City may elect to utilize
a Best and Final negotiation phase to detennine the Firm that provides the
overall best value to the City.
Step 3: The City of Denton Procurement Department sha11 provide a written
recommendation to the City of Denton City Council, which represents "best
value" and request authorization to proceed with contract execution for the
proposed services.
In accordance with Local Government Code 252.�49, trade secrets and confidential
information in competitive sealed bids are not open for public inspection. All proposals
shall be opened in a manner that avoids disclosure of the contents to competing offerors
and keeps the proposals secret during negotiations. A public opening will not be
conducted with this process. THE AWARD PROCESS IS CONSIDERED OPEN AND
ON-GOING UNTIL ALL FINAL NEGOTIATIONS HAVE CONCLUDED.
After the contract has been awarded all proposals are 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
Department shall be provided in a tiinely manner.
PAGE 22 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
2. AWARD
The Ciiy reserves the right to award by line item, section, or by entire proposal;
whichever is most advantageous, or provides the "best value" to the City, unless denied
by the bidder.
3. PREFERENCES
A. Environmentally Preferable Purchasing Policy
Texas Local Government Code, Sec. 271.907. VENDORS THAT MEET OR
EXCEED A1R QUALITY STANDARDS.
(a) In this section, "governmental agency" has the meaning assigned by Section
271.003.
(b) This section applies only to a contract to be performed, wholly or partly, in a
nonattainment area or in an affected county, as those terms are defined by Section
386.001, Health and Safety Code.
(c) A governmental agency procuring goods or services may:
(1) give preference to goods or services of a vendor that deinonstrates that the
vendor meets or exceeds any state or federal enviromnental standards,
including voluntary standards, relating to air quality; or
(1) require that a vendor demonstrate that the vendor meets or exceeds any
state or federal environmental standards, including voluntary standards,
relating to air quality.
(d) 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. The cost may not
exceed $100,000.
This provision shall comply with City of Denton Resolution R2007-032.
PAGE 23 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabiing
Section V
Payment and Performance Requirements
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton's solicitation are applicable to
Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or
Buyer and the Seller herein after referred to as the Sidder, Contractor or Supplier. Any
deviations must be in writing and signed by a representative of the Ciiy's Procurement
Department and the Supplier. No Terms and Conditions contained in the Sellers Proposal
response, Invoice or Statement shall serve to modify the tertns set forth herein. If there is a
conflict between the provisions on the face of the Contract/Purchase Order these written
provisions will take precedence.
By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract
shall be governed by the following terms and conditions, unless exceptions are duly noted and
fully negotiated. Unless otherwise specified in the Contract,.Sections 3, 4, 5, 6, 7, S, 20, 21, and
36 shall apply only to a Solicitation to pwchase Goods, and Sections 9, 10, 11 and 22 shall apply
only to a Solicitation to purchase Services to be performed principally at the City's premises or
on public rights-of-way.
1. PAYMENT AND INVOICES:
Pavment processin�: The City review, inspection, and processing procedures for
invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services.
Proposals 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 thiriy days
after receipt of valid invoices for which items or services have been received unless
unusual circuxnstances arise. The 30 day processing period for invoices will begin on th.e
date the invoice is received or the date the items or services are received, whichever is
later,
Direct deposit for pavments: Contractors are encouraged to arrange for receiving
payinents through direct deposit. Information regard.ing direct deposit payments is
available from the City of Denton Purchasing website: www.dentonpurchasin .�coin,
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. It is the intention of the City of Denton to make payinent on
completed orders within thiriy days after receipt of invoice or items;� whichever is later,
unless unusual circumsta.nces 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.
Upon contract award, suppliers are encouraged to receive payments through direct
deposit.
PAGE 24 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
2. 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.
3. PAYMENT TO PERFORMANCE MII.�ESTONES:
Awarded contractor sha11 prepare and submit invoices after completion of specific project
milestones. The invoice shall deta.il the major milestanes 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 cornpletion and accuracy, prior to payment
authorization. The respondent shall complete Exhibit 1, pricing sheet.
PAGE 25 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
Section VI
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other
requirements included in the City of Denton's solicitation are applicable to Cont�acts/Purchase Orders
issued by the City of Denton hereinaf�er referred to as the City or Buyer and the Seller herein after
referred to as the Bidder, Contractor or Supplier. Any deviations must be in writing and signed by a
representative of the City's Procurement Department and the Supplier. No Terms and Conditions
contained in the Sellers Proposal response, Invoice or Statement shall serve to modify the terms set forth
herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these
written provisions will take precedence.
By submittiug an Offer in response to the Solicitation, the Contractor agrees that the Contract shall be
governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated.
Unless otherwise specified in the Contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a
Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to
piu•chase Services to be peifoi7ned principally at the City's premises or on public rights-of-way.
1. CONTRACTOR' S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract
shall be effective as of the date the contract is signed by the City, and shall continue in effect
until all obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good com�nercial practice and shall include a packing list
showing the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d)
the number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or
weight shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHISTTED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and acce�ts the deliverables.
PAGE 26 OF RFP #5217 Respondent's Initials TW
CITY �F DENTON
RFP FOR Structured Communications Gabling
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to
include all delivery and transportation charges. The City shall have the right to designate what
method of transportation shall be used to ship the deliverables. The place of delivery sha11 be that
set forth the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not liinited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the
City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or
the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor
shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and
assistance to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of
deliverables must fully comply with all provisions of the Contract as to time of delivery, quality,
and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not
have the right to substitute a conforming tender; provided, where the time for performance has
not yet expired, the Contractor may notify the City of the intention to cure and may then make a
conforming tender within the time allotted in the contract.
9. PLACE AND CONDTTION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient inanner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City's service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which
could in any way affect perfortnance of the Contractor's obligations under the contract. The
Contractor hereby releases and holds the Ciiy harmless from and against any liabiliiy or claiin
for damages of any kind or nature if the actual site or service conditions differ from expected
conditions.
10. WORKI�'ORCE
A. The Contractor shall einploy only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a�rearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other into�cating beverages, illegal drugs or controlled
substances; nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
PAGE 27 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigratian: The Contractor represents and warrants that it shall cornply with the requirements
of the Irnmigration Reform and Control Act of 1986 and 1990 regarding employment
verification and retention of verif'ication fonns for any individuals hired on or after November 6,
1986, who will perform any labor or services under the Contract and the Illegal Ixnmigration
Reform and Immigrant Responsibility Act of 1996 ("IIlZIRA) enacted on September 30, 1996.
1 l. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIltONMENTAL
REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmentallaws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration
(OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor
shall indeinrufy and hold the City harmless from and aga.inst all claims, dema.nds, suits, aciions,
judgrnents, �nes, penalties and liability of every kind arising froin the breach of the Contractor's
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with a11 applicable
standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U. S.C.
§7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et
seq. ).
12. INVOICES:
A. The Contractor sha11 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.
S. 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 a.nd 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 instrucied 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 a11 time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a ta.bulation 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 acival 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.
PAGE 28 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
13. PAYlV�NT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid
within thirly (30} calendar days of the City's receipt of the deliverables or of the invoice being
received in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A}; interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or
the magimum lawful rate; except, if payment is not timely made for a reason for which the
City may withhold payment hereunder, interest shall not accrue until ten (10) calendar
days after the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries axe authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payinent or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverabl�s by the Contractor;
ii. third parry claims, which are not covered by the insurance which the Contractor is
required to
provide, are filed or reasonable evidence indicating probable filing of such clarms;
iu. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv, damage to the properiy of the City or the City's agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the
time specified in the Contract, and that the unpa.id balance would not be adequate to
cover actual or liquidated dainages for the anticipated delay;
vi, failure of the Gontractor to submit proper invoices with purchase order number, with
all required attachments and supporting documenta.tion; or
vii. failure of the Cantractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton far
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contrxct is dependent upon the availability oi funding.
The City's payment obligations are payable only and solely from funds Appropriated and
available for this contract. The absence of Appropriated or other lawfully available funds sha11
render the Contract null and void to the extent funds are not Appropriated or available and any
deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the
Contractor written notice of the failure of the City to make an adequate Appropriation for any
iiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to
an amount insuf�cient to permit the City to pay its obligations under the Contract. In the event of
none or inadequa.te appropriation of funds, there will be no penaliy nor removal fees charged to
the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms.
PAGE 29 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DSE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE
Compliance Report to the Purchasing Manager no later than the 15th calendax day after -
completion of all work under the contract. Final payrnent, retainage, or both may be withheld if
the Contractor is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claixns (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after fina.l inspection, (3) arising from failure of the Contractor to comply with the Contract or
the terms of any warranty specified herein, (4} arising from the Contractor's continuing
obligations under the Contract, including but not liinited to indemnity and warranty obligations,
or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor
against the City other than those previously asserted in writing and not yet settled.
16. SPECTAL TOOLS & TEST EQIIIPMENT: If the price stated on the Offer includes the
cost of any special tooling or special test equipment fabricated or required by the Contractor for
the purpose of filling this order, such special tooling equipment and any process sheets related
thereta shall become the property of the City and sha11 be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an aud.it is in
progress or audit findings are yet unresolved, in which case records shall be kept until all audit
tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within ten (10) business days of written request. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to the Contract, and to allow the City similar access to
those documents. All books and records will be made available within a 50 mile radius of the
City of Denton. The cost of the audit will be borne by the City unless the audit reveals an
overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of
the audit, including any travel costs, must be bome by the Contractor which must be payable
within five (5) business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for tennination thereof. Each of the
terms "books", "records", "doctunents" and "other evidence", as used above, shall be construed
to include drafts and electronic files, even if sucli drafts or electronic files are subsequently used
to generate or prepare a final printed document.
1 S. SUSCONTRACTORS:
A. If the Contractor identified Subcontractors in a DSE/MBE/WBE agreed to Plan, the
Contractor shall comply with a11 requirements approved by the City. The Contractor shall not
initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor
shall not substitute any Subcontractor identified in the Plan, unless the substitute has been
accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute
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CITY OF DENTON
RFP FOR Structured Communications Cabling
a waiver of any rights or remedies of the City with respect to defective deliverables provided by
a Subcontractor. If a Pian has been approved, the Contracior is additionally required to submit a
monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later
than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract rnay not conflict with
the terms of the
Contract, and shall conta.in provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii, prohibit the Subcontractor froin further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications foz payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain an.d maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest sha11 appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C: The Contractor shall be fully responsible to the City for all acts and oinissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on
the part of the City to pay or to see to the payinent of any inoneys due any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARRA.NTY-PRICE:
A. The Contractor wanants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar tenns of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently
without consulta.tion, communication, or agreement for the purpose of restricting competition, as
to any matter relating to such fees with any other firm or with any competitor.
C. In addition to any other reinedy available, the City may deduct from any amounts owed to the
Contractor, ar otherwise recover, any amounts paid for items in excess of the Contractor`s
current prices on orders by others for like deliverables iander siinilar terins of purchase.
20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to
all deliverables furnished under the Contract, and that the deliverables are free and clear of all
liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the
City harmless from and against all adverse title claims to the deliverables.
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CITY OF DENTON
RFP FOR Structured Communications Cabling
21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship
or manufacture, and conform in all material respects to the specifications, drawings, and
descriptions in the Solicita.tion, to any samples furnished by the Contractor, to the terms,
covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules,
and regulations, and induslxy codes and standards. Unless otherwise stated in the Solicitation, the
deliverables shall be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the wananty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall proinptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforining deliverables, at the City's
option and at no additional cost to the City. All costs incidental to such repair or replacement,
including but not limited to, any packaging and shipping costs shall be borne exclusively by the
Contractor. The City shall endeavor to give the Contractor written notice of the breach of
warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to
give timely notice shall not impair the City's rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract froin the
Contractor, and purcl�ase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer's warranty; the Contractor shall transfer and assign such manufacturer's warranty
to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City,
the Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer's warranty for the benefit of the City.
22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and
workmanlike manner in accordance with generally accepted industry standards and practices, the
terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws,
rules or regulations.
A. The Contractor may not limit, exclude or disclaun the foregoing warranty or any warranty
iinplied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidenfal to such
additional performance shall be borne by the Contractor. The Ciiy shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City's rights under
tiv s section,
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CITY OF DENTON
RFP FOR Structured Communications Cabling
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as requrxed by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase confortning services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORNNIING DELIVERABLES: If,
instead of requiring immediate correctiori or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall
pay all claims, costs, losses and damages attributable to the City's evaluation of and
determination to accept such defective or non-conforming deliverables. If any such acceptance
occurs prior to fina.l payment, the City may deduct such amounts as are necessary to compensate
the City for the dirninished value of the defective or non-conforming deliverables. If ihe
acceptance occurs after final payment, such amount will be refunded to the City by the
Contractor.
24, RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time
speci�ed after demand is made, the demanding party inay treat this failure as an anticipatory
repudiation of the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation
or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by
the City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractar (a) fails
to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails
to provide adequate assurance of perfonnance under Paragraph 24, (c) becomes insolvent or
seeks relief under the bankruptcy laws of the United States or (d) makes a material
misrepresenta.tion in Contractor's Offer, or in any report or deliverable required to be subinitted
by the Contractor to the City.
27. TERMIl�TATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to ternunate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence suf�cient to prove to the City's
reasonable satisfaction that such default does not, in fact, eaust. In addition to any other remedy
available under law or in equity, the City sha11 be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including,
without limita.tion, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and
post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City's vendor list for three (3) years
PAGE 33 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right or
remedy provided by law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days' priar written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further
work pursuant to the Contract, with such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise
legally available for such purposes, for a11 goods delivered and services performed and
obligations incurred prior to the date of termination in accorda.nce with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or
deliverable required to be submitted by the Contractor to the City shall be grounds for the
termination of the Contract for cause by the City and may result in legal action,
30. DELAYS: �
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor
if the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractar must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither pariy shall be liable for any default or delay in the performance of its obligations
under this Contract if, while and to the extent such default or delay is caused by acts of God, fire,
riots, civil commotion, labor disruptions, sabotage, sovereign conduct, ar any other cause beyond
the reasonable control of such Parry. In the event of default or delay in contract performance due
to any of the foregoing causes, then the time for completion of the services will be e�ended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of
such failure to perfonn.
31.1NDEN�IITY:
A. Definitions:
i. "Indemnified Clavns" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution
inechanisin, including attorney and other professional fees for: (1) daxnage to or loss of
the property of any person (including, but not limited to the City, the Contractor, their
respective agents, officers, employees and subcontractors; the officers, agents, and
employees of such subcontractors; and third parties); and/or (2) death, bodily injury,
illness, disease, worker's compensation, loss of services, or loss of incorne or wages to
any person (including but not limited to the agents, officers and employees of the City,
the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include
PAGE 34 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP F�R Structured Communications Cabling
the sale of defective or non-conforming deliverables, negligence, willful misconduct or a
breach of any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITI�,
INDEMNg'Y, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS N��L1Vii ESS FROM AND AGAINST ALL
INDEMN�'IED CLAIlVIS DIlZECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE C�NTRACTOR (INCLUDING, BUT NOT LIlVIITED TO, THE
RIGHT TO SEEK CONTRIEUTIOl� AGAINST ANY THIRD PARTY WHO MAY SE
LIASLE FOR AN INDEMNIFIED CLAIlVI.
32. INSURANCE: The following insurance requireinents are applicable, in addition to the
specific insurance requirements detailed in Attachment A. The successful firm shall procure and
maintain insurance of the types and in the miuimurn amounts accepta.ble to the City of Denton. The
insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage's and
endorsements required to the City as veri�cation of coverage prior to contract execution
and within fourteen (14) calendar days after written request froin the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification
from consideration for award. The Contractor must also forward a Certificate of
Insurance to the City whenever a previously identified policy period has expired, or an
e�ension option or hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obta.ined and
until such insurance has been reviewed by the City. Approval of insurance by the City
shall not relieve or decrease the liability of the Contractor hereunder and shall not be
construed to be a limita.tion of liability on the part of the Contractor.
iv, The Contractor must subinit certi�cates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the proj ect.
v. The Contractor's and a11 subcontractors' insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers' compensation coverage written by the Texas Workers'
Compensation Insurance Fund.
vi. All endorsements naming the City as �additional insured, waivers, and notices of
cancellation endorsements as well as the Certi�cate of Insurance shall contain the
solicitation nuxnber and the following information:
PAGE 35 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
City of Denton
Materials Management Department
901 B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an
additiona.l insured shown on any policy. It is intended that policies required in the
Contract, covering both the City and the Contractor, shall be considered primary
coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the
Contractor shall carry Uinbrella or Excess Liability Insurance for any differences in
amounts specified. If Excess Liability Insurance is provided, it shall follow the form of
the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may lnake
any reasonable requests for deletion or revision or modification of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of the parties hereto or the
underv�riter on any such policies.
x. The City reserves the right to review the insurance requireinents set forth during the
effective period of the Contract and to make reasonable adjustments to insurance
coverage, limits, and exclusions when deeined necessary and prudent by the City based
upon changes in statutory law, court decisions, the claims history of the industry or
financial condition of the insurance company as well as the Contractor.
xi. The Contractor sha11 not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for preiniums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City tivrty (30) calendar days' written
notice of erosion of the aggregate liinits below occurrence limits for all applicable
coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitaiion and requirements are
required ininimutns and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requireinents: Specific insurance requirements are contained in the
solicitation i_nstrument.
33. CLAIlVIS: If any claim, deinand, suit, or other action is asserted against the Contractor which
arises under or eoncerns the Contract, or which could have a material adverse affect on the
Contractor's ability to perforxn thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the
City shall state the date of notification of any such claim, demand, suit, or other action; the
names and addresses of the claimant(s); the basis thereof; and the name of each person against
whom such claim is being asserted. Such notice shall be delivered personally or by mail and
shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney
shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201.
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CITY OF DENTON
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34. NOTICES: Unless otherwise specified, all notices, requests, or other communications
required or appropriate to be given under the Contract shall be in writing and shall be deemed
delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or
Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed
delivered upon receipt by the addressee. Routine communications rnay be made by first class
mail, telefa�, or other commercially accepted means. Notices to the Contractor shall be sent to
the address specified in the Contractor's Offer, or at such other address as a party may notify the
other in writing. Notices to the City shall be addressed to the City at 941B Texas Street, Denton,
Texas 76209 and marked to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND C�NTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become properiy of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly inaxked as
such. Determination of the public nature of the material is subj ect to the Texas Public
Information Act, Chapter 552, and Texas Government Code.
36. NO WA.RRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys
and other professionals) arising out of or resulting from: (i) any claim that the City's exercise
anywhere in the world of the rights associated with the City's' ownership, and if applicable,
license rights, and its use of the deliverables infringes the intellectual property rights of any third
party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated
in this Contract, In the event of any such claim, the Ciiy shall have the right to monitor such
clairn or at its option engage its own separate counsel to act as co-counsel on the City's behalf.
Further, Contractor agrees that the City's specifications regarding the deliverables shall in no
way diminish Contractor's warranties or obligations under this paragraph and the City makes no
warranty that the production, development, or delivery of such deliverables will not impaci such
warranties of Contractor.
37. CONFIDENTIALTTY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City's and/or its licensors' confidential information (in.cluding
inventions, employee i�formation, trade secrets, coflfidential know-how, confidential business
information, arid other information which the City or its licensors consider confidential)
(collectively, "Conf'idential Information"). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City andlor its licensors and any
una.uthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will mainta.in the Confidential
Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or
PAGE 37 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
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otherwise use the Confidential Information without the prior written consent of the City or in a
manner not expressly permitted under this Agreement, unless the Confidential Information is
required to be disclosed by law or a.n order of any court or other governmental authority with
proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such
information so as to pern�it the City reasonable time to seek an apprapriate protective order. The
Contractor agrees to use protective measures no less stringent than the Contractor uses within its
own business to protect its own most valuable information, which protective measures shall
under all circumstances be at least reasonable measures to ensure the continued confidentiality of
the Conf'idential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the•deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor
agrees to disclose such patentable subject matter to the City. Further, if requested by tlie City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire
right, title, and interest to specific inventions under such patentable subject matter to the City and
to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a fonn to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by
the Contractor for the City and the City shall own all copyrights in and to such deliverables,
provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint
ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made-for-
hire, the Contractor hereby assigns to the City (and agrees to cause each of its ernployees
providing seryices to the City hereunder to execute, acknowledge, and deliver an assignment to
the City o� all worldwide right, title, and interest in and to such deliverables. With respect to
such work inade-for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause
each of its employees providing services to the City hereunder to execute, acknowledge, and
deliver a work-made-for-hire agreement, in a form to be reasonably approved by the City, to the
CiLy upon delivery of such deliverables to the City or at such other tune as the City may request.
C. Additional Assigmnents. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,.
assi�lltllents, and all other instruments which the City might reasonably deem necessary in order
to apply for and obta.in copyright protection, mask work registration, trademark registration
and/or protection, leiters patent, or any sv.nilar rights in any and all countries and in order to
assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right,
title, and interest in and to the deliverables. The Contractor's obligations to execute,
acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or
papers such as those described in this Paragraph 38 a., b., and c. shall continue after the
termination of this Contract with respect to such deliverables. In the event the City should not
seek to obtain copyright protection, mask work registration or patent protection for any of the
deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as
Confidential Information under the terms of Paragraph 37 above.
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CITY OF DENTON
RFP FOR Structured Communications Cabling
39. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or u.nderstanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of
bona fide established commercial or selling agencies inaintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the City shall have the
right, in addition to any other remedy available, to cancel the Contract without liability and to
deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract
without liability if it is determined by the City that gratuities were offered or given by the
Contractor or any agent or representative of the Contractor to any officer or employee of the City
of Denton with a view toward securing the Contract or securing favorable treatment with respect
to the awarding or amending or the making of any determina.tions with respect to the performing
of such contract. In the event the Contract is canceled by the City pursuant to this provision, the
City shall be entitled, in addition to any other rights and remedies, to recover or withhold the
amount of the cost incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTItACTS: No o�cer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct ar indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Coniractor shall render the
Contract voidable by the City, The Contractor shall complete and submit the City's Conflict of
Interest Questionnaire (Attachment G).
44. INbEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for emplayees of the City of Denton, Te�s for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker's compensation, or any other City einployee benefit. The City sha.11 not have supervision and
control of the Contractor or any employee of the Contractor, a.nd it is expressly understood that
Contractor sha11 perform the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
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CITY OF DENTON
RFP FOR Structured Communications Cabling
45, ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignrnent or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, finn or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in
whole or in part by a waiver or renunciation of the claiin or right unless the waiver or
renunciation is supported by consideration and is in writing signed by the aggrieved party. No
waiver by eith.er the Contractor or the City of any one or more events of default by the other
pariy shall operate as, or be construed to be, a permanent wa.iver of any rights or obligations
under the Contract, or an express or implied acceptance of any other existing or future default or
defaults, whether of a similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document sha.11 have any force or effect to change the terms, covenants, and conditions of the
Contract. -
48. INTERPRETATION: The Contract is intended by the parties as a final, complete an.d
exclusive statement of the terms of their agreement. No course of prior dealing between the
parties or course of perfonnance or usage of the trade shall be relevant to suppleinent or explain
any term used in the Contract. Although the Contract may have been substantially drafted by one
party, it is the intent of the parties that all provisions be construed in a manner to be fair to both
parties, reading no provisions more strictly against one pariy or the other. Whenever a terrn
defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control; unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for dainages. However, this section does not prohibit the
filing of a lawsuit to toll the ru�uvng of a statute of limita.tions or to seek injunctive relief. Either
party may make a written request for a meeting between representatives of each party within
fourteen (14) calendax days after receipt of the request or such later period as agreed by the
parties. Each party shall include, at a minimum, one (1) senior level individual with decision-
making authority regarding the dispute. The purpose of this and any subsequent meeting is to
attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days
after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they
will proceed directly to mediation as described below. Negotiation may be waived by a written
agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute ttirough negotiation fail, or the parties waive the
negotiation process, the parties may select, within thirry (30) calendar days, a mediator trained in
mediation skills to assist with resolution of the dispute. Should they choose this option; the City
PAGE 40 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
and the Contractor agree to act in good faith in the selection of the mediator and to give
consideration to qualified ind.ividuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of
the dispute or a contract interpretation e�ert. If the parties fail to agree on a mediator within
tivrty (30) calendar days of initiation of the mediation process, the mediator shall be selected by
the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to
participate in mediation in good faith for up to thirty (30) calendar days from the date of the first
mediation session. The City a.nd the Contractor will shaxe the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they
may utilize to represent thein or otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Unifonn Cominercial Code as
adopted in Texas, V.T.C.A., Bus. & Coimn. Code, Chapter 1, excluding any rule or principle that
would refer to and apply the substantive law of another state or jurisdiction. All issues arising
from this Contract sha11 be resolved in the courts of Denton County, Texas and the parties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not
be construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDTTY: The invalidity, illegality, or unenforceability of any provision of the
Contract shall in no way affect the validity or enforceability of any other portion or provision of
the Contract. Any void provision shall be deeined severed froin the Contract and the balance of
the Contract sha11 be construed and enforced as if the Contract did not contain the particular
portion or provision held to be void. The parties fuxther agree to refonn the Contract to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Contract from
being void should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal
Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of
operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of
Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of
operation must be approved by the City Manager of Denton, Texas or his authorized designee.
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CITY OF DENTON
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53. SURVIVASILTTY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the
Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited frorn contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal,
State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies
that its finn and its principals are not currently suspended or debarred froin doing business with
the Federal Goverrunent, as indicated by the General Services Adsninistration List of Parties
Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the
City of Denton.
55. EQUAL OPPORTUNTrY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person sha11, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected
to discri�nination under any activities resulting from tlus RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as
defined
in the ADA.
56. BLTY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally fiunded requirements are applicable, in addition to the specific federally
funded requirements detailed in Attachment B.
A. Definitions. As used in this paragraph —
i. "Component" ineans an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" ineans -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transporta.tion costs as described in paragraph (1) of this definition,
plus allocable overhead costs, but excluding profit. Cost of components does not include any
costs associated with the inanufacture of the end product.
iii. "Domestic end product" means- F
(1) An usunanufactuxed and product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
deternunes are not mined, produced, or manufactured in sufficient and reasonably available
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CITY OF DENTON
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commercial quantities of a satisfactory quality are treated as domestic. Scrap generated,
collected, and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - lOd) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as dornestic for this
Contract; but will consider for approval fareign articles as domestic for tlus product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit
documenta.tion with their Offer demonstrating that the article is on an approved Governmental
list.
D. The Contractor shall deliver only doinestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
informatian presented in any response to this solicitation, whether amended or not, except as
prohibitec� by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requ.ires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent,
59. PREVAILING R'AGE RATES: The awarded contractor shall comply with prevailing wage
rates as defined by the United States Department of Labor Davis-Bacon Wage Detetnvnation at
http://www.dol. gov/whd/contracts/dbra.htm and at the Wage Determinations website
www.wdol.gov for Denton County, Texas (WD-2509).
60. COMPLIANCE VV�I'H ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The
Respondent must comply with all applicable laws at all times, including, without limitation, the
following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas
Penal Code, which prohibits the offering or conferring of bene�ts to public servants. The
Respondent shall give all notices and comply with all laws and regulations applicable to
fi�rnishing and performance of the Contract.
61. FEDERAL, STATE, ANll LOCAL REQUIgtEMENTS: Respondent sha11 demonstrate
on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section
530 of the Revenue Act of of 1978, dealing with issuance of Fonn W-2's to cominon law
employees. Respondent is responsible for both federal and State unemployment insurance
coverage and standard Workers' Coinpensation insurance coverage. Respondent shall ensure
compliance with all federal and State tax laws and withholding requirements. The City of Denton
shall not be liable to Respondent or its employees for any Unemployment or Workers'
Compensation coverage, or federal or Sta.te withholding requirements. Contractor shall
PAGE 43 OF RFP #5217 Respondent's Initials TW
CfTY OF DENTON
RFP FOR Structured Communications Cabling
indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from
Respondent's omission or breach of this Section.
62. DRUG FREE WORI�LACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 1Q0-690, Title V, Subtitle D; 41 U. S.C.
701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements far drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280; Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amend.ments to the fmal rule that inay
hereafter be issued.
63. RESPONDENT LIABILTTY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent sha.11 be liable for all damages to govermnent-owned, leased, or occupied property
and equipment caused by the Respondent and its employees, agents, subcontractors, and
suppliers, including any delivery or cartage company, in connection with any performance
pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager
in writing of any such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under ihe Contract should it be prevented froin performance by an
act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the
fault or negligence of the City of Denton, In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circuxnstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall imrnediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writang within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Coniract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under
the Contract shall operate to lunit, iinpair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract v✓ill not be construed
as a waiver of any continuing or succeeding breach.
66. NO WAiVER OF S�VEREIGN IlVIMUNITY: The Parties expressly agree that no
provision of the Contract is in any way intended to constitute a waiver by the City of Denton of
any irnrnunities from suit or from liabiliiy.that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years
after the expiration of the Contract, or until the CPA or State Aud.itor's Office is satisfied that all
audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant
PAGE 44 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
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access to all books, records and documents pertinent to the Contract to the CPA, the State
Auditor of Texas, and any federal governmental entity that has authority to review records due to
federal funds being spent under the Contract.
PAGE 45 OF RFP #5217 Respondent's Initiats TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
ATTACHI��NT A
INSURANCE REQUIltEMENTS AND
WORi�RS' COMPENSENTATION REQUIREMENTS
Respondenf's aftenfion is directed to the insurance requirements below. It is highly
recommended that respondents confer with their respective insurance carriers or brokers to
detemtine in advance of Proposal/Bid submission fhe availability of insurance cerfi�cates and
endorsements as prescribed and provided her�in. If an apparent low respondent fails to comply
strictly with the insurance requirements, that respondent may be disquali�ed from award of the
contract. Upon contract award, atl insurance reguirements shall become contracfual
obligations, which fhe successful contractor shall have a dufy to maintain throughout the course
of this coniract.
STANDARD PROVISIONS:
Wifhout limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracfed work has been completed and
accepted by the City of Denton, Owner, fhe minimum insurance coverage as indicafed
hereinafter.
As soon as practicable after notifrcation of contract award, Contracfor shall frle with the
Purchasing Departmenf safisfactory certi�cates of insurance including any applicable
addendum or endorsemenfs, containing the confract number and title of the project.
Coniractor may, upon wriiten request to the Purchasing Department, ask for clarification
of any insurance requiremenfs at any time; however, Contractors are strongly advised to
make such requests prior to proposal/bid opening, since the insurance requirements
may noi be modified or waived after proposal/bid opening un/ess a written excepiion has
been submitted with fhe proposal/bid, Confractor shall not commence any work or
deliver any material unfil he or she receives notification that the contracf has been
accepted, approved, and signed by fhe City of Denfon.
All insurance policies proposed or obtained in satisfacfion of these requirements sha/I
comply with fhe following general specifications, and shall be maintained in compliance
with these general specificafions throughout fhe duration of the Contract, or longer, if so
noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
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CITY OF DENTON
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That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
• Cancellation; City requires 30 day written notice should any of the policies
described on the certifcate be cancelled or materially changed before the
expiration dafe.
• Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double
the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
e�idence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
AII insurance policies proposed or obtained in safisfaction of fhis Contract shall
additionally comply wifh the following marked specifications, and shall be mainfained in
compliance wifh these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
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CITY OF DENTON
RFP FOR Structured Communications Cabling
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 500 0.00 either in a single policy or in a combination
of basic and umbrella or excess policies. The policy will include bodily injury and
property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
• � any auto, or
• all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $� 00,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
perFormed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract: Coverage
shall be on an "occurrence" basis and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
$500,000.00 combined bodily injury and property damage per occurrence with a
$1,OOO,D00.00 aggregate.
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CITY OF DENTON
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[] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable fo
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] Professionat Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City af Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery
inside/outside the premises, burglary of the premises, and employee fidelity. The
employee fidelity portion of this coverage should be written on a"blanket" basis to cover
all employees, including new hires. This type insurance should be required if the
contractor has access to City funds. Limits af not less than $ each
occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts
and specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
PAGE 49 OF RFP #5217 Respondent's Initials T�J
CITY OF DENTON
RFP F�R Structured Communications Cabling
ATTACHIV�NT A
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A, Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing sta.tutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the tirne from the bea nning of the work on the
project until the contractor's/person's work on the project ha.s been completed and
accepted by the governmental entity.
Persons providing services on the project ("subconiractor" in §406.096) - includes a11
persons or entities performing all or part of the services the contractor has
underta.ken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, awner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a proj ect.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, wkuch meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governinental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certi�cates of coverage showing
coverage for all persons providing services on the project; and
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CITY OF DENTON
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2. no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the te�, forin and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
l, provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the stalutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4, obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the proj ect;
5. retain all required certi�cates of coverage on file for the duration of the project
and for one year thereafter;
PAGE 51 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
6, notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) -(7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by
workers' compensation coverage for the duration of the project, tha.t the coverage
will be based on proper reporting of classification codes and payroll amounts, and
that all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the coxnmission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failwe to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
PAGE 52 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
ATTACHII�NT B
NOT APPLICABLE
Pi4GE 53 QF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
ATTACHIV�NT C
BUSINESS OVERV�W QUESTIONNAIRE AND FORMS
l. Contractor Name: T-DATAC�M,INC.
2. Address (Principal Place of Business): 2198 COVEY CIRCLE, SANGER TEXAS 76266
3. Does your company have an esta.blished physical presence in the State of Te�.s, or the City of
Denton? Yes
4. Tax Payer ID#: 1-26-3495623-4
5. Email Address of Primary contact: nb�tcom@gmail.coin
6. Website Address: http://www.nt�com.com/
7. Telephone: (214) 690-7629
8. Fax: (940) 458-0613
9. Other Locations: None
10. Organization Class:
Partnership
Individual
Corporation (X)
Association
11. Date Established: 10/01/200 S
12. Former Business Naa.ne: MAXX DATACOM
13. Date of Dissolution: 09/� 1/2008
14. Subsidiary of- N/A
1S. Historically Underutilized Business: Processing
16. Principals and Officers: Troy Waldxop
Please detail responsibilities with the name of each principal or officer.
17. , Key Personnel and Responsibilities:
Troy Waldrop — As ounier operator of T-DATACOM, INC. I am responsible for all aspects of
day to day operations, This includes purchasing, installation and maintaining the highest level
of customer service.
PAGE 54 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
Please deta,il responsibilities with the name of each key personnel.
18. Number of Personnel by Discipline: 1
Discipline Ntunber of Staff # Registered
19. Services Provided by Contractor:
Structured Cabling in both Commercial and Residential applications, from consultation to design
and installation. Including but not lunited to project completion of DATA (CAT SE, 6 and 6E),
FIBER, VOICE, and COAX.
City of Denton:
Facilities Management Building;
Provided turn-key installation of structured cabling for new construction.
South Branch Library;
Same as above.
Denton Municipal Airport:
Same as abave.
City of Corinth:
Corinth Folice Deparhnent;
I was responsible for managing the entire project of cabling for the new Il'
phone system installation.
City Ha�l;
Provided support for integration of new IP �hone system and installed
necessary structured cabling, while working with the existing infra-structure.
Denton County: .
Multiple turn-key structured cable installation involving both new and existing
facilities.
Carswell Air Force Base:
Sa�ne as above.
T-DATACOM has prefonned sunilar services for the following coinpanies in the requested
tiuiefra�ne af well over 2 year:
BeautiConirol
�nventure
Health Care Associates
ADP
Hein and Associates C.P.A.
20. F3as 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
PAGE 55 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
other company name? If so provide deta.ils of the issues and resolution if available. Include
lawsuits where Owner was involved.
No
21. Please provide at least (3) three references (preferably municipalities) and contract
amounts. Include project description, conta.ct names, position, and organization name and
telephone number for each reference listed. See attachment F.
See Attachment F
22. Have you ever defaulted on or failed to complete a contract under your current company
na.me or any other company name2 If so, where and why? Give nauie and telephone nurnber
of Owner.
No
23. Have you ever had a contract terminated by the Owner? If so, where and why7 Give name
and telephone number (s) of Owner (s).
No
24. Has your company implemented an Employee Health and Safety Program compliant with 29
CFR 1910 "General Industry Standards" and/ar 29 CFR 1926 "General Construction
Standards" as they apply to your Company's customary activities?
No, but having been in the industry for over 33 years I have never had a single safety or
compliance issue.
25, Does the selected respondent own testing equipment and possess the ability to test to the
most current adopted EIA/TIA standards (and detail)?
Yes, T-Datacom, Inc. owns the Fluke DTX- 1800 Cable Analyzer (SN 1141454} that has the
ability to test using the most current adopted EIAITIA standards.
PAGE 56 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
ATTACHMENT E
NOT APPLICABLE
PAGE 57 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
ATTACHMENT F
REFERENCES
Please list three (3) Government references, other thao the City af Denton, who can verify the quality of service your
company provides. The City prefers customers of similar size and scope of work to this proposal.
REFERENCE ONE
GOVERNMENT/COMPANY NAME: Hein & Associates LLP
LOCATION: 14755 Preston Rd., Suite 320, Dallas, Texas 75254
CONTACT PERSON AND TITLE: Megan McFarland / Partner
TELEPHONE NUMBER: 972-458-2296
SCOPE OF WORK: Wiring and installation for Avaya phone system / Add-Moves-Deletes-Changes
REFERENCE TWO
GOVERNMENT/CONTPANY NAME: BeautiControl
LOCATION: 2121 Midway Rd., Carrolltoq Texas, 75006
CONTACT PERSON AND TITLE: Matt Wierzbicki / IT Director
TELEPHONE NUMBER: 469-586-7515
SCOPE OF WORK: Add-Moves-Deletes-Changes
REFERENCE Tffit�E
GOVERNMENT/COMPANYNAME: Enventure Global Technology_
LOCATION: 15995 Barkers Landing Suite 350, Houston, Texas 77079
CONTACT PERSON AND TITLE:Sedrick Cole/ IT Director
TELEPHONE NUMBER: 281-552-2310
SCOPE OF WORK: Add-Moves-Deletes-Changes
PAGE 58 OF RFP #5217 � Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
ATTACFIlV�NT G
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental enti
This questionnaire reflects changes made to.the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received
who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later
than the 7th business day a,fter the date the person becomes aware of facts that require the statement to be filed.
See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2
� Check this box if you are filing an update to a previously filed questionnaire.
('I'he Iaw requires that you file an updated completed questioiwaire with the appropriate filing authority not later than the 7�' business day after the
date tlie origivelly filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or busiuess relationslup.
Name of �fficer
This sectfon, (item 3 including subparts A, B, C& D), must be completed for each o�cer with whom the �ler has an employment or other business
relationship as defined by Section 176.001(1-a), Locai Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local govemment officer named in this section receiving or tikely to receive taxable income, other than investment income, from the
filer of the questionnaire?
� Yes 0 No •
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direciion of the
locaf govemment officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes 0 No
C, ls the filer of this questionnaire employed by a corporation or other business enfity with respect to which the local govemmenf officer
serves as an ofFcer or director, or holds an ownership of 10 percent or more?
� Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the govemmental entity Date
PAGE 59 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
ATTACHNIENT H
DISADVANTAGED BUSINESS UTILIZATION
The City of Denton will ensure that purchases of equipment, materials, supplies, and /or services comply
with Texas Local Government Code 252.0215, in regards to competitive requirements in relation to
Disadvantaged Business Enterprises (DBE). The City will ensure that a11 procurement opportunities are
cost effective, and contributable to the competitiveness of the City, and its customers. All Procurement
activities will be conducted in an open and fair manner with equal opportunity provided for all qualified
parties. The City of Denton will provide equal contracting opportunities as provided by State and
Federal law to small business enterprises, Historically Underutilized Businesses, and Disadvantaged
Business Enterprises. The City of Denton encourages all awarded Contractors to seek qualification as a
DBE and/or utilize DBE's as sub-contractors, where feasible, to meet the overall intent of the
legislation.
Disadvanta�ed Business Enterprises (DBE): are encouraged to participate in the City of Denton's
procurement process. The Purchasing Department will grovide additional clarification of specifications,
assistance with Proposal Forms, and further explanation of procurement procedures to those DBEs who
request it. Representatives from DBE companies should identify themselves as such and submit a copy
of the Certification. The City recognizes the certifications of the State of Texas Building and
Procurement Commission HUB Program. All companies seelang information concerning DBE
certification are urged to contact.
State of Texas HCTB Program — TPASS Division
P� Box 13047, Austin, TX 78711-3047
(512) 463-5872 or (888) 863-5881 or htt�://w��vw.window.state.tx.us/procurement/prog/hub/
Instructions: If your company is already certified, attach a copy of your certification to this form and
return with the submission. If your company is not already certified, and could be considered as meeting
certification requireinents, please use the web linl� to obtain such. If you are submitting a response and
plan to utilize DBE's, then use the form below to identify the business and include the business HCTB
certification.
COMPANY NAlV�: T-DATACOM, INC
REPRESENTATIVE: Troy Waldrop
ADDRESS: 2198 COVEY C]RCLE
CITY, STAT'E, ZIP: SANGER., TEXAS 76266
TELEPHONE NO. 214-690-7629 FAX NO . 940-458-0613
Indicate all that apply:
X Minority-Owned Business Enterprise (currently processing)
Women-Owned Business Enterprise
Disadva.ntaged Business Enterprise
PAGE 60 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Ca6ling
ATTACHMENT I
CONTRACT BY AND SETWEEN
CITY OF DENTON, TEXAS AND
(RFP #5217)
THIS CONTRACT is made and entered into this day of A.D., 2012, by and
between a corporation, whose address
is , hereinafter referred to as "Supplier," and the CITY OF
DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective
upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City
Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products or services in accardance with the Supplier's proposal in
response thereto, a copy of which is attached hereto and incorporated herein for a11 purposes as Exhibit
"D". The Contract consists of this written agreement and the following items which are attached hereto
and incorporated herein by reference:
(a) Request for Proposal(RFP # �
(b) City of Denton Standard Terms and Conditions (Exhibit "A")
(c) Special Terms and Conditions (Exhibit "E")
(d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C").
(e) Supplier's Proposal. (Exhibit "D");
These documents make up the Contract documents and what is called for by one shall be as
binding as if called for by all, In the event of an inconsistency or conflict in any of the provisions of the
Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the
written agreement then to the contract documents in the order in which they are listed above. These
documents shall be referred to collectively as "Contract Docwnents."
D
��
v v
PAGE 61 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
IN WITNESS WI�REOF, the parties of these presents have executed this agreement in the year and
day first above written.
ATTEST:
/: ": • /o � .���C� i'�•
ANTTA BURGESS, CITY ATTORNEY
:
ATTEST:
Citv of Denton
OWNER
(SEAL)
T-DATACOM,INC.
CONTRACTOR
2198 COVEY CIRCLE
SANGER, TEXAS 7b266
214-690-7629
MAILING ADDRESS
PHONE NUMBER
940-458-0613
FAX NUIVIBER
BY•
AUTHORIZED SIGNATURE
Troy Waldrop, President
PRINT`ED NAIV�, TITLE
(SEAL)
�
PAGE 62 OF RFP #5217 Respondent's Initials TW
CITY OF DENTON
RFP FOR Structured Communications Cabling
ATTACHIV�NT J
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
The undersigned agrees this RFP becomes the property of the City of Denton after the official opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work is to be
performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters
that may be incidental to the work, before submitting a proposal.
The undersigned agrees, if this proposal 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 Specifications. The period for acceptance
of this Proposal will be ninety (90) calendar days unless a different period is noted.
The undersigned �rms that they are duly authorized to execute this contract, that this RFP has not been prepared in
collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of tlus RFP have not
been communicated to any other proposer or to any employee of the City of Denton prior to the official opening of
this bid.
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 se ., 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 and any attachments contained in
this RFP package.
The undersigned agrees that the RFP posted on the website are the official specifications and shall not alter the
electronic copy of the specifications and/or pricing sheet (E��hibit 1), without clearly identifying chaiiges.
The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at:
http://www cityofdenton com/index aspx�na,Qe=397 to ensure they have downloaded and signed all addendum(s)
required for submission with their proposal.
3hould a conflict arise between the PO, supplier terms, or contract; the terms and conditions set forth in this RFP
shall prevail.
I certify that I have made no willful misrepresentations in this Proposal Submission, nor have I withheld information
in my statements and answers to questions. I am aware that the information given by me in this proposal will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be
rej ected.
NAME AND ADDRESS OF COMPANY: AUTHO � SENTATIVE:
T-DATACOM, INC, Signa
2198 COVEY CIRCLE Date 04/15/2013
�ANGER, TEXAS 76266
Tel. No. 214-690-7629
Email. ntxtcom@gmail.com
PAGE 63 OF RFP #5217
Nam.e Troy Waldrop
Title President and Owner
Fax No. 94�-458-0613
Exhibit 1
RFP #5217 Pricing Sheet for Design and Installatior� of Structure�d Cammunica�tions Cabling
The respondent shall complete the foflowing section, which directly corresponds to Exhibit 2- Scope of V1/ork, and 5ection V, Payment and Performance Requirements. The cantractor shall
not make changes ta this formot.
Please segmeni the cost into the categories as provided befow. For pricing purposes, assume the following quantity of voice/data droFs throughout the facility as the 6ase scope of work in
absence of plans: '
Services Proposal Pricing:
Estimated
ITEM Location�/Upcoming Projects for the Installatioc� of Product/Servic� Requested Quantity of
Voice/�ata Drops UOM Cost of Service Total
1 WastewaterAdministration Building 60 EA
$ 220.00 $ 13,200.00
2 Linde McNattAnimal Cen'ter 65 EA
$ 220.00 $ 14,300.00
3 PublicSafetyJointTrainingFacility 115 EA
$ 200.00 $ 23,000.00
4 Parks and Recreation Camera Upgrade 71 EA
$ 22D.00 $ 15,620.00
5 AirportTerminal Expansion 50 EA
$ 220.00 $ 11,OdD.00
6 Miscellaneous, as needed 300 EA
$ 240.00 $ 72,000.00
Total Cast 661 EA
$ 1,3Z0_00 $ 149,120.00
Average number of days to compleie design and installation of structured cormmunications cabling N/A days
Formula has been mtldified to SUM(G6:G11) instead of resulting from D12'F12 ($ST2,520.00). We believe the new calcufations in G12 are cor�ect.
Cost of Addi�ional Services:
ITEM DESCRIPTION YEAR 1 YEAR 2 YEAR 3 TOTAL
7 Cabling Design/Configuration Hourly Rate $65.00 $65.00 $65.00 $195.00
8 Cabling Hourly Rate $50.00 $5D.D0 $50.00 $150.00
9 Wall-mounted outlet and cahling (each) $240.00 $240.00 $240.00 $720.00
10 Furniture-mounted outlet and cabling (each) $240.00 $240.00 $240.00 $720.00
11 Poke-through outlet and cabling $240.00 $240.00 $240.00 $720.00
TOTAL $$35.00 $835.00 $835.00 $2,505.00
Exhibit 1
RFP #5217 Pricing Sheet: fvr Design and Installation of Structured Gommunications Cabling
Payment Term Discounts
Payment terms forthe City of Denton are typically 30 days. Please indicate the additional discount extended to each
monthly invoice that is paid within the time period indicated below.
P�yrtt�nt Terms -': ' ' Additional Discount %
� ,
Invoice Paid in 20
days 0.00°/u
Invoice Paid in 15
days 0.00%
Invoice Paid in 10
daYs 0.00%
CITY OF DENTON
RFP #5217 for Structured Communications Cabling
EX�IT 2
SCOPE OF WORK
The scope of work and/or technical specifications shall be finalized upon the selection of the
Firm. The proposal submission shall have accurately described your understanding of the objectives
and scope of the requested products and services and provided an outline of your process to
implement the requirements of the scope of work andlor technical specification below. It is
anticipated that the scope proposal submission will include, at a miniinum, the following:
1. �COPE OF �'ORK ANiD SERVICES
The scope of work shall be finalized upon the selection of the Contractor. The proposal
submission shall have accurately described your understanding of the objectives and scope of the
requested services and provided an outline of your process to implement the requirements of the
Scope of Work and Services. Successful contractor will not be allowed to make any electronic
copies of drawings or any photographs of the building or content. It is anticipated that the scope
proposal submission will include, at a minimum, the following:
A. GENE�.iAL RESPONSIBILI�'�S Al� R��UIRENIENT�
The City of Denton (City) is interested in receiving proposals to contract with a qualified
and experienced technology contractor to design and install a complete "end-to-end"
certified system for transmission of voice and data signals. The system shall be designed,
installed, tested to the proposed Category 6 specifications, and certified to a 1000 MS
speed to the desktop. In order to be considered successfizl, this shall include the following
requirements:
The following general requirements are mandatory for the duration of the contract period:
All wark skall b� in accordance with all guidelines specified by the latest EIA/TIA
Building Telecomrnunications Wiring Standards, the BICSI Telecommunications
Distribution Methods Manuals (TDM), and manufacturer/vendor installation
guidelines. These documents and standards fortn the basis for the installation, testing,
and accepta.nce of the structured communications cable system.
• Respondent shall supply all necessary labor, tools, equipment, and permits required to
execute the design and installation of the scope of work required by this RFP and by
the best industry standards. In the event of a conflict, the most stringent and highest
standard shall be applied for the benefit of the City of Denton.
CITY OF DENTON
RFP #5217 for Structured Communications Cabling
• Respondent shall attend weekly project progress meetings and perform on-site visits
as required to perform its work and as required to meet with City of Denton. Progress
meetings are in addition to any meetings that may be required during the project to
coordinate with other trades.
• The Respondent shall detail and include overtime for after-hours and weekends which
may be required to complete the installation, within E�ibit A.
• The Respondent shall not subcontract services or labor without the express
knowledge and consent of City of Denton.
• The Main Distribution Frame (MDF) will be located in the server room. All cabling
will be continuous (home-run) from each point-of-termination at the outlet to the
point-of-termination in the MDF.
o The Respondent shall be responsible for the daily clean-up of debris from its work to
a central location on the floor for removal by the construction manager.
The following specific requirements of projects performed by the technology contractor
are inanda.tory as follows:
P�SE 1
1. Client Interviews: Meet with selected City of Denton representatives and
the Project Manager to discern and document requirements.
2. Review E�cistin� Phvsical Conditions: Inspect the premises, and the
architectural and construction documents.
3. Standards Development: Develop design criteria based upon information
gathered from client interviews. Prepare a narrative description of the
system architecture.
4. Re -�ulatory Ap�rovals: Identify applicable regulatory approval
requirements.
5. Phase 1(initial phase) submitted to the City for acceptance.
PHASE 2
6. Prepare Schematic Design Documents: Prepare preliminary design
documentation for Owner review and approval.
7. Prepare Final Design Documents: Prepare final design documentation and
samples for Owner review and approval. Coordinate architectuxe and
electrical requirements and details with the project manager and
construction teams.
8. Re ulatorv Approvals: Secure all necessary regulatory approvals.
9. Phase 2(Design Documentation Tasks) snbmitted to the City for
acceptance.
CITY OF DENTON
RFP #5217 for Structured Communications Cabling
':���
10. Coordinate installation with the general contractor so to not conflict with
base building constructian activities.
11. Cross-connect/patch anci ternlinate copper riser cables and stations cables
based on �nal design. Provide the connection to the electronic
hardware, and grounding of all racks, cabinets, patch cables, and patch
fields.
12. Provide all labeling and documentation of a11 horizontal and vertical
cabling installed, including providing a graphical mapping of all cabling
systems. Handwritten labels are not acceptable.
13. Phase 3(Installation) colnpleted and submitted to the City for acceptance.
PHA.SE 4
14. Testin : Provide a copy of testing procedures and methodology for
approval. The Cabling Vendor shall define a start-up acceptauce period
and a start of warranty period beyond same. Cables which fail any of
the parameters will be re-terminated and re-tested, or removed and
reinstalled. Each bidder shall include a sample of its test results report
with its proposal response.
15. Provide a statement of warranty on the installation of the Category 6
networking cabling, video/broadcast reception cabling and materials
used. The inaterials and the installation shall be warranted for a
minirnum of twenty (20) years.
16. Provide a guaranteed maximum of twenty-four (24) hour response time to
repair/replace defective cables or connections. This guarantee shall
apply to all materials and installation performed under the contract.
Provide a guaranteed maxiinum four (4) hour response time for
emergencies.
I7. Final Documentation: Provide three (3) sets of "as-built" record drawings,
CDs of electronic files of plans in AutoCAD format, cut sheets of all
installed equipment, certificates, guarantees, warranties, and testing
reports.
18. Project completion submitted to the City for acceptance.
S. t�dditionall�, the €ollowing requirements shall be ffiet by the eontraetor:
A. Each voice/data duplex outlet will be supported by (at least) two (2)
dedicated 4-Pair UTP Category 6 cables rated for exposed use in ceiling
plenums.
B. Outlets placed in systeins fiarniture workstations will be wired after
installation of the furniture and prior to receipt of a Certificate of
Occupancy. Sufficient resources should be scheduled to not delay the
construction manager in securing same.
CITY OF DERITON
RFP #5217 for Structured Communications Cabling
C. Poke-through floor devices will be required in selected locations such as
conference rooms to support power/tele/data connections at tables.
D. Voice services shall be via 24 AWG plenum station LTL certified
Category 6 cable with color matching jac;�.s and icons. Bata services
shall be via different colored 24 AWG plenum stations LTL certi�ed
Category 6 LTI'P cables with color matching jacks and icons. Currently
voice services will be located in the Operations Work Rooin.
E. A11 cabling shall be "CMP" rated for use in air conditioning plenuin
spaces without conduit. Bridle ring or "Caddy" sling horizontal
distribution sha11 be used for cable runs above ceilings. Quantity and
installation techniques in distribution of the cable runs shall comply with
system manufacturer's specifications.
F. All horizontaUvertical cabling shall be:
� a.Factory certified Category 6 coinpliant, in accordance with the
most current EIA/TIA standards.
b. Less than one hundred (100) meters in length.
c.Free of splices to fulfill the requirements of this specif'ication and
be ternvnated in accordance with the most current EIA/TIA
standards.
d. Routed to be concealed within walls and ceilings where possible,
except in transfer closets, or secured to structure above.
e.Placed parallel and perpendicular to the building lines and follow
cable tray pathways and hallways where practical from the MDF
and IDF's to the station tertnination outlets.
£ Routed to maintain the following distances from electromagnetic
interference (EMI) producing sources in accordance with the
most current EIA/TIA standards:
CITY OF DENTON
RFP #5217 for Structured Communications Cabling
Minimwn Separation Distance < 2kVA 2-5 kVA
Unshielded power lines or electrical equipment
in pro�cimity to open or nonmetal pathways
Unshielded power lines or electrical equipment
in proximity to a grounded metal conduit pathway
Power lines enclosed in a grounded inetal
conduit, or equivalent, in pro�mity to a
grounded metal conduit pathway
SkVA
5 in. � 12 in. � 24 in.
2.5 in.
6 in.
3 inches
12 in.
6 inches
G. All horizontaUvertical cabling shall be e�ernally shielded from ENII
according to the manufacturer's written instructions in any areas where
the Vendor must violate the above guidelines, and at no additional cost
to the City of Denton.
H. Categorv 6 UTP Data. Cabling Testin�: All cable shall be tested to
ANSUTIA/EIA-568-B.2-10 or Category 6 specifications and standards.
At a minimwn, test all Category 6 UTP cabling for wire map, length,
neax-end crosstalk (NEXT), PS NEXT, Return Loss, and attenuation,
and provide a detailed report of all cable tests.
I. CAT 6 U'I'P Voice Testin�: The Cabling Vendor shall iest for wire map
(proper pin assignment) and continuity to confirm acceptable and
functional voice cable installations. Voice services will be located in the
Operations Work Room.
J. Ceilin�Tiles: Any damage to ceiling tiles will be cabling contractor's
responsibility.
K, Work to be provided by others:
a. In general, all cabling is to be installed eacposed or above ceilings.
All conduit and primary power will be provided and is not included
in this bid. All necessary drawings will be provided specifically
identifying the locations, and description of required conduit and
CITI( OF DENTO{V
RFP #52'17 for Structured Communications Cabling
po�ver supplies. City of Denton will provide quantity at each of the
locations.
b. Conduit to above ceiling at each station point located in drywall will
ba provided. All work is to be coordinated through the Ceneral
Contractor and/or project manager.
c. Backboards consisting of 3/a" smooth-faced fire-rated plywood for
the purpose of tenninating wiring and mounting of equipment to be
provided at each tele/data closet or room by the general contractor
and/or project inanager. Convenience outlets on the top a.nd bottom
of each board to be provided by the construction manager and/or
proj ect manager.
d. Grounding at the NIDF is to be provided by the General Contractor
and/or project manager.
I,. City of Denton respoaasibilitaes:
The City of Denton resource availability for the project is limited, which
will require the upgrade partner to fill most roles to deliver the project
a. Telecoimnunications system including switch, equipment, and
handsets to be provided by City of Denton.
M. Project Schedule
Time is of the essence in the development of this project. All
consultants, contractors, and vendors will be expected to expedite the
completion of each task by committing to applying sufficient resources
as required to meet the milestones identified in the Comprehensive
Project Schedule, annotated below.
Provide estiinated durations for the following phases:
Activity j Completion By:
Phase I- Plaruiing � N/A
Phase II - Design Docuinentation � N/A
Phase III — Installation I N/A
Phase N— Project Close-out � N/A
������
Purchasing Department
901-B Texas St.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
ADDENDUM #1
RFP # 5217
Design and Installation of Structured Communications Cabling
FOR THE CITY OF DENTON
Issue Date: Apri14, 2013
Response due Date and Time (Central Time):
Tuesday, Apri116, 2013, 2:00 p.m.
ADDENDUM #1
Addendum #1 to be returned with Proposal
The following are changes to the specifications:
Please replace page 5 of RFP #529 7 with the attached revised page.
NO OTHER CHANGES AT THIS TIME.
This form should be signed and retuYned with your proposal.
Name: ! `C,�
Signature:
Company: � \ �1�- � I���T C
,
, �Title: � .� S i
Date: C� 1/ I� � ��
�
CITY OF DENTON
RFP FOR Structured Communications Cabling
services; and allows for fluid responsiveness to upcoming changes — both anticipated and
unforeseen. The use of technological opportunities throughout the service delivery is
encouraged.
1. 1VIINIMiTM SUBMISSION REQUIREMENTS
The following ininimum requirements must be demonstrated in order for the submission to be
considered responsive to the City of Denton. Any proposal received, which is determined to
not meet these mandatory requirements shall be immediately disqualified and rejected as non-
responsive.
• Respondent must be certified to install Category 6 UTP cabling systems (plenum rated) by
Ortronics, Chatsworth Products and Caddy, or equivalent. .Alternate Cate��y 6 UTP
�rands/5tandards must be clearlyidentified on the submission. Identify all certified
personnel to be assigned to this project, each possessing a minimuxn of two (2) years
experience installing Cat 6 cable. Please detail on attachment �C.
• Respondent rnust be a reputa.ble company having a minirnum of two (2) years experience
designing and installing structured communications wiring systems. Please detail on
attacltment F.
• The selected respondent must own testing equipment and possess the ability to test to the
most current adopted EIA/TIA standards. Please detail on attachment �C.
• The respondent must be registered by the State of Texas or the County of Denton, to
provide any services which may be required and the company must have all licenstu-e
requi�ed by the State to provide a.ny services required.
• Three (3) references from governmental entities for the products or services requested. The
City prefers references from municipalities of similar size.
• A defined level of industry knowledge and understanding.
Rlease provide written detail of contractor's ability to meet these
requirements.
2. CONTRACT TERM
It i� the intention of the City of Denton to award a contract for a one (1) year period. The City and
the Awarded Contractor shall have the option to renew this coniract for an additional two (2) one-
year periods. Materials and services undertaken pursuant to this RFP will be required to
commence within fourteen (14) days of delivery of a Notice to Proceed. The services shall be
accomplished per the Technical Specifications as identified in Exhibit 2 and the Procurement
Process and Procedures as outlined in Section II.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each yeat, from the date of award by City Council, unless either
PAGE 5 OF RFP #5217 _
������
Purchasing Department
901-5 Texas 5t.
Denton, TX 76209
(940) 349-7100
www.dentonpurchasing.com
ADDEl�DLTM #2
RFP # 5217
Design and Installation of Structured Communications Cabling
FOR THE CITY OF DENTON
Issue Iia�e: Ap�°il �, 2013
Response due Date and Time (Centra.l Time):
Tuesday, Apri116, 2013, 2:00 p.m.
A►DDEIVDUM #2
Addendum #2 to be returned with Proposal
The following are changes to the specifications:
Please see the attached answers to the questions submitted in
regards to the RFP.
NO OTHER CHANGES AT THIS TIME.
This form should be signed and retur^ned with your proposal.
Name:
Signatur .
Company: � � � � j
Title:
Date: � / � 5 / . l.��
�E�PONS� TO Sll�MITTED QIDESTIONS
1. Can the City provide an estimated dollar amount of the contract?
TI�e list of projects in the Scope of Work i.s preluninary. Piizal designs l�ave not
been co�n�leted. The catitract will b� taken to C;ty �ouncil fo.- at� award of thz
con.t�act, as it is anticipated ta exceed $1a0,000. The scope of tlus cUntract will
include miscellaneous si�2aller prajects, i.e. one or t�vo rootns as needed.
2. Exhibit 1, Services Proposal Pricing, is this a sample of the work that could be
completed under this contract or is this tlie entue project?
Tl�e list of upeofning p��ojzets zs o�1a of ttie foilowi;�g: cuz7•entl.y �uei�rg desigi�et�,
have been desi�ed, or will be designed duriz�; the u.pcoining year. T}izse
projects a.re ii1 additian to th.e iniscellai�eous smalle� �of�s as described in the
response to Questian #1.
3. Paragraph M. Project 5chedule, aslcs to provide estimated dw-ations for each of
the four phases listed. We need to understand what work this schedule is to
include. We are guessing it's the siY line items in the Services Proposal Pricing
portion of the spreadsheet in Exhibit 1 but we need clarification.
Yes, ;.# �,v.ill b� tt�e six iiue �t�,ins iz1 the Services Propvsal �3riciiag.
4. Please clarify, after award will task orders be autamatically awarded to the
contractor or will each task order go out to bid?
Please refer to �ection IV, Itein 2— AWARD on �age 22 of the ILFP. 071ce the
con�iaci is awarded by the City Councit, there tvill be no additional solicitation
until a�ter Che contract is teaxniziated.
5. Under General Responsibilities a.ud Requirements of Exhibit 2, Scope of Work,
bullet point 5 states:
Paragraph B of E�ibit 2, Scope of Work sub-paragraph C states: "Poke-
through floor devices will be required in selected locations such as
conference rooms to support power/tele/data connections at tables."
Question: Wi11 the technology contractor be required to x-ray the floor, core drill
the concrete, furnish and install the poke-through device to accommodate
both power and low voltage services or will that the responsibility of the General
Contractor? Please clarify the responsibilities between the General Contractor,
Elect�-ical Contractor and Technical Contractor in regards to poke-through
devices.
�epGndi�;.g �n tlxz prt�ject, o�, oecasrcrn, �.;� cavle io�ztr�c•#�r �ui.il Iia�%e tc� �,c�re cfc�s[
tl�.� ca�zcr�te, f�trnish, �d i��st�Il tlie �ake••tl�ro�tg�l i���r3CZ.
6_ Question: Exhibit l, Seivices Proposal Pricing spreadsheet; Are the numbers
listed in the "Estimated Quantity of Voice/Data Drops" to represent the number of
Page 3
RESPONS� TO SU�MITTED QUE�TIONS
duplex faceplates containing one voice and one data cat 6 cable in each faceplate
or single cables in a faceplate? Please clarify the definition of a Voice/Data Drop.
I ask the second question because paragraph B, sub-paragraph A states "Each
voice/data outlet will be supported by (at least) two (2) dedicated 4-pair UTP
Category 6 caUles rated for exposed use in ceiling plenums." The term "outlet" is
used in the SOW; the term "drop" is used in the pricing proposal spreadsheet. I
would like clarification for what they are asking for.
TI�e co��nts for the speciiic sik lii�es �utliried tize speciiic amnunt far each �1r�ject.
Tf any n��� ��r•o�ects arise citiri�l�; t��e ce�iit�actual I3e�ic��, v��e ty��,ica4t� 131a.ce ����
dedicated CAT f� cables iri eacl�i bax at a mini�i�utn.
7. Backbone cabling supply/installation is not mentioned
This will be pa�-t of rlie i72isceil.�r�ec�us cc�sts associaied «itll the �roj�ct. They ��rill
need tc� t�«ctget t�za�; as ��a3�t c�c t�e e�timatc�i qitat�.tiry c�f��rc�ice;`�iata clz-o��s.
8. Patch panels, the spreadsheet does not account for additional patch panels if
requued
T.I�is ��vili l�e pa�-t of �11e niiseellaL��t�us costs associ�t�c� tvitl� tl�e ��a•oje�.t, Tt�ej� ��✓ii�
need to btic�get thai as ��at-t c�f ttze estilnated q�aaltity of`vc�ice/data drops.
9. Racks, it does not account for additional rack if required
TE�is ur%tl b� par� of tl�� �nisr:e[la��.e��t�s casts assc�ciated with tlle �rc�ject. They �viP.t.
.tieeci tc� b=sciget tf�at as ��art c�f thL esrsn�.ateci quantit;� ��f ��oice/t�at�. ���c��s.
10. After bids are turned what will the turnaround. time be for issuance of PO?
T��e cc�.t7lxact eG��Tard is tentativeiy sched�Ied foz� tite May 7, 2iJ13 C�ity C.otti�ril
m�:etin�. if tlli.� schedc�l� is follo��e.d, tl7e �its� ��u-cl�ase order s��.ould be .issued
�c�?�.-�Fi;�ne dt�ri�g nzid N,a�r.
11. Can a list of potential other entities be provided that might purchase from this and
the anticipated volutne, any historical records?
Thei-e are na l�stotical .reco��ds avail,a�te, siiice t�ie�-u have beeil no ��.ri«��
coc�perarive a�,�t�e�;nle�tts fnr this t}�e ci' conti•act. Fle;�se visit t11e contract
database on �1ie M�.tet-ials �tanageznLnt �u4bsite to ��ier�� the public entities tlt2t
i7ay�e an iritet•local a4�•�entent with t11e Cii:y of I3�nta��.
12. Is there available space witivn each telecomrnunications room / rack to add the
additional cabling as listed?
Yes
Page 4
RFSPONSE TO �UBMITTED QUESTIONS
13. Will the requested voice / data drops terminate onto existing patch panels or will
new patch panels be required?
It wi17. depend on il�e �roject.
14. Will patch cables for tlie patch panels to the equipment a1e required as part of a
drop price?
Yes, tf�e_y will be a part of t'r�e tae�a� builcling i:nstallations.
15. Will the requested drops be installed in multi�le cables per location, in single
cables per location, or a combination thereof?
It. i�%i11 be a c�tnl�i��atron.
16. Will there be a requirement for below ceiling cable pathways, i.e. conduit or
surface mount raceway, to be included iri the cable drop price?
It u�.ill be � c�t�tit�in.at�ot�.
17. What are the estimated lengths to be used for pricing the cable drops?
Ncr ma.re tha�� ? OJ f�.e�
1 S. Are there existing horizontal cable pathways available for the new cable
installation?
It will de�ser�d Qn tiie project;. ,
19. Wi11 patch cables for the work station end be required as paa�t of the drop price?
No
20. Will fue wall / ba.t�rier core penetrations be requued for pathway construction /
cable dist�-ibution?
It �x�ill depend-on the project.
21. Under the cost of additional services, item 11, will the requested Poke-Through
need to include the cost for the floor core penetration, or will another trade
provide?
That wvill be dependent on the project. On occasion, the cabling contz-actor «i11
ha.ve to drill t1�-ough coneret.e.
Page 5
RE�POOV�€ TO SUBMITTED QUE�TIONS
22. Are drop prices required to include delays for access in and out of restricted
facilities?
Yes
23. What percentage of drops is expected to be installed according to items 9, 10, and
I1 within "Additional Services"?
Approhimately 60 percent
24. Will there be existi_ng access from the cable pathways into the furniture /
cubicles?
It wi11 depend oti the pro�ect. t�n occasion, tbe cabling cont�actar `�i11 need ta nzn
conduit to those lacations.
Page 6
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THIS CFJtI'IFICATE IS ISSUEb AS A MA1iER OF INFORMATION ONLYAND CDNFERS Na RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE
UQES NOT AFFIRMATIVELY pRNEGAT�VELY AMEN�, EXTENO OR ALTFRTHE COVERAGE AFFORDEU 6Y THE PDUCIEB BELQW. THIS CERTIFICATE pF
INSURANCE DqES NOT CQNSTITUTE A CUNTRACT BEfU4EEN THE ISSUING IN5URER{S), AIJTHdRIZEO REPRESEf�ITATIVE OR PRODUCER, AN� THE
CERTIFICATE HOLUER
IMRORrANT: If the Certiflcate holder is an ADDITIONAL INSURED, the pollcy�ies) must be endorsed. lf SUBROGATION IS WAIV�,
subject lo tfieterms and conditians ofthe policy, cerfain policies may require an endorsement. As�tement on ihis cer4ficate dvesnnt
canfer rI hts to the certifcahe holder in lieu of such endorsement s.
CONT/CT TROY WALDROP
NAME:
PfiODUCER PHONo . (214j 690-7629 Fax
Mike Austin Emall
or_e uszco Bou�e�•ara Address: NTXTGOM GMA IL . COM
FrAde=icksburg, VA 224 _2 INSURERS AFFQRDING COVERAGE NAIC #
69C21 INSURERA: GOVk;k2Nt�1�NT �M'LUYY:�S 1[JSUNr',Ni.� COf4YA[VY 22063
INSURE� INSURER B:
^-]ATA COM Ir:C
2198 COVEY CIF. INSURERC:
��N�ER TX 7a'2G6 INSURERD:
INSURER E:
INSURER F:
COVERAGES
HEPOLICIESOF INSURANCE LISTEDBELOW HAVEBEEN ISSUEDTOTHEINSUF€D NAMEDABOVEFORTHEPOLICY PERIOO INDICATEQ. NO'fWITHSTANdING ANY
QUI FiB�AE]V T, TEPoU OR CON DITI ON d F AN Y CO NTRACT OR OTHE R �pCUM EN T W IiH IiES PEC T TO W HICH THIS CE RTIF ICATE MAY BE IS911 � O R MAY PERTAI N, TH E
N Sl1RANCE AFFOF� � BYTHE POLICIES DESCRIBED HEP�IN IS SUBJECT TO ALL THETERMS, IXC LU SIONS AN� C ON�ITIQNS OF SUC H POLICIES. AGGI�GATE LIMITS
OWN MAY HAVE BEEN REDUCED BY PAID CWMS,
INSR TypE OF INSURANCE +�D'L SUBR ppUCY NUMBER P�CY �FECi1VE POLICY D(PIRATION ��rs
�'� IVSRD WVD �ATE MAN�UfYI� UATE(MMlD�/
GENERAL LIA8ILJTY EACH OCCUFtRENCE $
DAMAGE TO RENi� �
COMMERCIPL GENERAL LI.4BIUTl' pR94115ES (Ea occurence)
CWMS MADE� OCCUR Mm. EXPENSE (My one person} $
PEK.CONAL & ADV. INJURY $
GQVERALAGGREGATE $
PRODUCTS—COMPlOP AGG. �
GEN'L AGGREGATE LIMIT APPIJES P93;
POLICY PROJECT LOC
AUTOMOBlLE LJABILITY COMBINm SINCiEL1MIT $ SO�, �OO
{Ea acCldeni)
A ANYAUTO X 910�G41B82 6/�/2(713 E/5/20=9 BODILY INJl1RY $
(Per person)
ALL OWNED X SCHmULED X BODILY INJLIRY �
AUTqS AUTOS r i
HIRED AUTOS NDN-OWNED x PROPERN �AMAGE �
AUi05 (per accideny
$
UMBNELLALIAB OCCUR EACH OCCURRE}JCE $
DCGE53 LIAB CIAIMSMADE AGGREGATE $
DED RETENTION $ $
WORF�R5 CaMPEN&4TIOH AND EMPLDYERS' � WC STATU- OTF{-
IJABWTY Y! N TDRYLIMITS ER
ANY PROPRIEfORlPARTNERlEXECUTNE ❑ N� A EL. EACH AcGIOENT $
OFFICERlMQU6ERIXCWDED? ELOISEA5EPOIJCYLJAAR �
If yes, describe under
$PECIAL PRpVISION$ belOw EL oISEPSE EACH EMPLOYEE $
DESCRIPfION pF pPERATIONS! LOCATIQNSI VEHICLE31 EXCLUSION$AQDE� BYENDOR$EMENTISPECIALPROVI310NS
CITY OF DENTON IS NAMED A5 ADDTIONAI, INSUP.ED
CERTIflCATE HOLDER CANCELLA'F10N
CITY OF DENTON SHOULD ANY OF THE ABaYE DESCFtIBED PaLICIE3 BE CANCELLED gEPdRE THE
9O1-S TEXAS ST EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
DENTON, TX 7 62 05 ?�CCOFiDANCE WITH THE POLICY PROYISIONS.
AUTHORIZEO REPRESENTATIVE
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ACQRD 25 (2070105j The ACOfd? name and logo are replstered marks of AGORD