7077- Striping Executed Contract
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
Yes
Stripe-A-Zone Striping Contract
Jamie Cogdell
FILE 7077
May 21,2019
N/A
19-1053
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND STRIPE-A-ZONE INC.
(File # 7077)
THIS CONTRACT is made and entered into this date _______________________, by and
between STRIPE-A-ZONE, INC., a Texas Corporation, whose address is 2174 Sherman Street, Grand
Prairie, TX 75051, 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 in accordance with the Supplier’s quote, a copy of which is attached
hereto and incorporated herein for all purposes as Exhibit “C”. The Contract consists of this written
agreement and the following items which are attached hereto, or on file, and incorporated herein by
reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Grand Prairie Contract RFB#16113 with Stripe-A-Zone, (Exhibit “B”)
(c) Stripe-A-Zone proposal (Exhibit “C”);
(d) City of Denton Standard Terms and Conditions (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit “E”);
(f) Insurance Requirements (Exhibit “F”);
(g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G")
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.”
Prohibition on Contracts with Companies Boycotting Israel
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier
certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies
that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
5/21/2019
2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments
under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to
meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms be in
writing will be satisfied using electronic documents and signing. Electronic signing of this document will
be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year
and day first above written.
SUPPLIER
BY: ______________________________
AUTHORIZED SIGNATURE
Printed Name:________________________
Title: _______________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
ATTEST: CITY OF DENTON, TEXAS
ROSA RIOS, CITY SECRETARY
BY: __________________________________ BY: _____________________________
TODD HILEMAN
CITY MANAGER
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: _______________________________
_____________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
2019-485775
President
972-647-2714
david@stripe-a-zone.com
David Sargent
City Engineer
Capo Projects
Todd Estes
Exhibit A
Special Terms and Conditions
1. Contract Term
The contract will be effective from date of award or notice to proceed with a purchase order as determined
by the City of Denton Purchasing Department. The contract shall remain effective for a period which may
reasonably be required for the completion of the following projects;
Ave A (Eagle - I-35)
Bell Ave (Eagle Dr - McKinney St)
Carol Blvd (Collins St - Sherman Dr)
Dallas Dr & Teasley Ln. Intersection Markings
Ector St (University Dr - Scripture St)
Lillian B Miller Pkwy (I-35 - Teasley Ln)
Masch Branch (University Dr - Darby Smith Rd)
McCormick St (I-35 - Parvin St)
McKinney St (Carroll Blvd - Woodrow Ln)
Pine Hills (FM 2499 - City Limts)
School Crosswalks
Sherman Dr (Locust St - Hercules St)
TWU Crosswalks
Underwood Rd (FM 2449 - Springside Dr)
UNT Crosswalks
Willowwood St (Bonnie Brae St - Bernard St)
Windsor Dr (Locust St - Elm St)
2. Total Contract Amount
The contract total shall not exceed $320,000. Pricing shall be per Exhibit C attached.
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Grand Prairie City - Contract Cover Sheet Page 1 of 1
ID 6471
Department:
Purchasing for Streets
Vendor Name:
Stripe-a-Zone, Inc.
Project Name:
16113 Pavement Marking Service - Stripe-a-Zone - initial contract
Work Order Number(s):
Account Number;
232010 01610503 63115
Contract Amount:Implementation Date:Termination Date:City Council Appr. Date:
464,583.00 8/17/2016 8/16/2017 8/16/2016
Insurer A Name•Insurer A Expiration:
Travelers Indemnity Co of America li/1/2016
Insurer B Name:Insurer B Expiration:
Great American Ins 11/1/2016
Insurer C Name:Insurer C Expiration:
Phoenix Ins Co 11/1/2016
Insurer D Name:Insurer D Expiration:
Travelers Lloyds Ins 11/1/2016
Insurer E Name•Insurer E Expiration:
Charter Oak Fire Ins 11/1/2016
Return Executed Copy To:
purchasing interoffice mail n
M
Depart ent Manager Signature:Date:
1 av l
City Attorn ature:Date:
City Manager/Deputy City Manager Signature:Date:
f s/.
City Secretary Signature:Date:
J
httr•//ravinnfanc/(TPTX/('M(l/('nntrattt('nvPr.'}iPC t/WPhT TT/Print acnx7Tn=Fi47 R/1 R/21 h
EXHIBIT B
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CONTRACT for SERVICES PRICE AGREEMENT
CITY OF GRAND PRAIRIE
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
THIS CONTRACT is made and entered into this date by and between the CITY OF GRAND
PRAIRIE, a Texas municipal corparation (hereinafter referred to as the "CITY"), and STRIPE-A-
ZONE, INC. (hereinafter referred to as "VENDOR") and evidences the following:
I. PURPOSE
VENDOR shall provide pavement marking services per bid award resulting from VENDOR'S
response to RFB #16113, submitted by David Sargent, on July 20, 2016.
II. DESCRIPTION OF SERVICES
The services which VENDOR shall provide for the CITY shall include the following:
A. VENDOR hereby covenants and agrees that VENDOR is to wark closely with the CITY's
Public Works Director or their designee, and/or other appropriate officials of the CITY, and
that VENDOR is to perform any and all tasks required of VENDOR to fulfill the purposes of
this Contract.
B. VENDOR and the CITY covenant and agree that VENDOR shall perform all of the services
and work contained in CITY specifications and VENDOR'S bid to the CITY (attached
hereto as "Eiibit A"); said document being part of this Contract and incorporated in its
entirety herein. The parties agree that should there be any conflict between the terms ofthe
incorporated document and this Contract, the provisions of this Contract shall control. The
parties understand that quantity of services to be furnished to the City is an estimate and that
the City may order more or less depending on the projects and the work of the City that
requires the services. The price of the services shall remain constant throughout the term of
contract.
C. VENDOR expressly covenants and agrees to provide the CITY with such written reports or
documentation ofguaranties as may be required by the scope ofthe submittal.
III. PERFORMANCE OF WORK
VENDOR or VENDOR'S associates and employees shall perform all the work called for in this
Contract. VENDOR hereby covenants and agrees that all ofVENDOR'S associates and employees
who work on this project shall be fully qualified to undertake same and competent to do the work
described in this Contract, and the services performed shall be performed in a good and
workmanlike manner, and that the finished product shall be fit for the particular use(s) contemplated
by this agreement.
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IV. PAYMENT
The CITY shall pay to VENDOR a sum not to exceed those unit prices, or percentage discount from
list price where applicable in the submittal for the purchase of services designated herein and in no
event shall total payments under the base contract exceed $464,583.00 without additional approval.
Invoice must be delivered to the attention of the department placing the order. Payrnents will be
made as work is completetl and certification by the City that the work is performed in a good and
workmanlike manner within 30 day of certification or receipt of invoice, whichever is later.
Payment will be made by means of a City issued check, an ACH, or with a City issued Procurement
Card (Mastercard).
V. TERM OF THE CONTRACT
This Contract is for an initial term of one year with the option to renew for four additional one
year periods. This Contract is effective as of August 17, 2016. No new orders shall be accepted,
against this Contract term, after midnight on August 16, 2017. Contract shall terminate upon
completion of all requirements for orders placed by said date, unless the parties mutually agree in
writing to extend the term of the Contract through allowable renewal option, or, unless otherwise
ternlinated as provided in Paragraph XVI herein. The parties shall evidence the renewal in
writing, with any additional terms set out in the said writing.
VI. CONTRACT ASSIGNMENT
VENDOR and the CITY hereby covenant and agree that this Contract provides for services and that
these services are not to be assigned ar sublet in whole or part without the prior written consent of
the CITY.
VII. CONFLICT OF INTEREST
VENDOR hereby covenants and agrees that during the Contract period that VENDOR and any of
VENDOR'S associates and employees will have no interest nor acquire any interest, either direct or
indirect, which will conflict in any manner with the performance ofthe services called for under this
Contract. All activities, investigations and other efforts made by VENDOR pursuant to this
Contract will be conducted by employees or associates of VENDOR. VENDOR further covenants
and agrees that it understands that the Code of Ordinances of the City of Grand Prairie prohibits any
officer or employee of the CITY from having any fmancial interest, either direct or indirect, in any
business transaction with the CITY. Any violation ofthis paragraph which occurred with the actual
or constructive knowledge of VENDOR will render this Contract voidable by the CITY.
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VIII. CHANGE IN WORK
The CITY, through its Purchasing Manager or their designee, may request changes in the scope and
focus of the activities and duties called for under this Contract. Any such change which, in the
opinion of VENDOR or the CITY varies significantly from the scope and focus of the work set out
herein or entails a significant increase in cost or expense to VENDOR must be mutually agreed
upon by VENDOR and the CITY. The parties herein acknowledge that any change in the scope ar
focus of the wark which results in the increase in compensation to VENDOR of the fee stated in
Paragraph IV hereof must first be approved by the CITY's Purchasing Manager, City Manager or
City Council, where applicable.
IX. CONFIDENTIAL WORK
Any reports, designs, plan, information, project evaluations, data or any other documentation given
to or prepared or assembled by VENDOR under this Contract shall be kept confidential and may
not be made available to any individual or organization by VENDOR without the prior written
approval of the CITY except as may be required by law.
X. OWNERSHIP OF DOCUMENTS
VENDOR acknowledges that CITY owns all notes, reports, or other documents, intellectual
property or documentation produced by the vendor pursuant to this agreement or in connection with
its work which are not otherwise public records. VENDOR acknowledges that CITY shall have
copyright privileges to those notes, reports, documents, processes and information.
VENDOR shall provide CITY a copy ofall such notes, reports, documents, and information (except
to the extent that they contain confidential information about third parties) at CITY expense upon
written request.
XI. NONDISCRIMINATION
As a condition of this Contract, VENDOR covenants and agrees that VENDOR shall take all
necessary actions to insure, in connection with any work under this Contract, that VENDOR ar
VENDOR'S associates, sub-vendors, or employees, will not discriminate in the treatment or
employment of any individual or groups of individuals on the grounds of race, color, religion,
national origin, age, se or physical handicap unrelated to job performance, either directly ar
indirectly ar through contractual or other arrangements. In this regard, VENDOR shall keep, retain
and safeguard all records relating to this Contract for work performed hereunder for a minimum
period of three (3) years from final contract completion, with full access allowed to authorized
representatives of the CITY upon request, for purposes of evaluating compliance with this and other
provisions ofthe Contract.
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XII. INDEPENDENT VENDOR
By the execution of this Contract, the CITY and VENDOR do not change the independent vendor
status of VENDOR. No term or provision of this Contract or any act of VENDOR in the
performance of this Contract may be construed as making VENDOR the agent or representative of
the CITY. All employees of VENDOR shall perfarm their duties under the supervision of
VENDOR, which shall have the exclusive right to dictate to the VENDOR' S employees how to
perform their tasks. VENDOR agrees and covenants that each of its employees will be properly
qualified and will use reasonable care in the performance of the assigned duties. VENDOR shall
post all applicable warning signs if such work will disrupt normal traffic or workplace activities.
XIII. WARRANTY, HOLD HARMLESS, AND INDEMNITY
VENDOR warrants that the services it performs for CITY will be done in a good and workmanlike
manner, and that any items delivered to the CITY under this contract will be fit for the particular
purpose for which it was furnished. VENDOR shall defend, indemnify, and hold the CITY whole
and harmless against any and all claims for damages, costs, and expenses to persons or property that
may arise out of, or be occasioned by, the execution or performance of this Contract or any of
VENDOR'S activities or any act of commission or omission related to this Contract of any
representative, agent, customer, employee, sub-vendor or invitee of VENDOR or any
representative, agent, employee, or servant of the CITY. If an item is covered by a manufacturer's
warranty, it is the responsibility of the VENDOR to obtain the information for CITY and to get the
manufacturer to honor the warranty.
XIV. INSURANCE
Prior to the commencement of work under this Contract, VENDOR shall obtain and shall continue
to maintain in full force and effect during the term of this Contract a comprehensive liability
insurance policy, with a company licensed to do business in the State of Texas and rated not less
than "A" in the current Best Key Rating Guide, which shall include bodily injury, death, automobile
liability and property damage coverage, in accordance with any CITY ordinance or Directive. The
minimum limits for this coverage shall be $1,000,000.00 combined single limit for liability and for
property damage, unless modified in accordance with any ardinance or directive. The CITY shall
be named as an additional insured under such policy and a provision shall be incorporated in the
policy whereby the CITY shall be given at least thirty days prior notice of any material change in
coverage or of cancellation of such policy.
XV. NO VERBAL AGREEMENT
This Contract contains the entire commitments and agreements of the parties to the Contract. Any
verbal or written commitment not contained in this Contract or eressly referred to in this Contract
and incorporated by reference shall have no force or effect.
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XVI. TERMINATION
The CITY may, at its option and without prejudice to any other remedy to which it may be entitled
at law ar in equity, tenninate further work under this Contract, in whole or in part, by giving at least
thirty (30) days prior written notice thereof to VENDOR with the understanding that all services
being terminated shall cease upon the date specified in such notice. The CITY shall equitably
compensate VENDOR, in accordance with the terms of this Contract for the services properly
performed prior to the date specified in such notice following inspection and acceptance of same by
the CITY. VENDOR shall not, however, be entitled to lost or anticipated profits should the CITY
choose to exercise its option to terminate.
XVII. VENUE
The parties to this Contract agree and covenant that this Contract will be performable m Grand
Prairie, Texas, and that if legal action is necessary to enforce this Contract, exclusive venue will lie
in Dallas County, Texas.
XVIII. APPLICABLE LAWS
This Contract is made subject to the esting provisions of the Charter of the City of Grand Prairie,
its rules, regulations, procedures and ardinances, present and future, and all applicable laws of the
State of Texas and the United States.
XIX. CONTRACT INTERPRETATION
The parties to this Contract covenant and agree that in any litigation relating to this Contract, the
terrns and conditions of the Contract will be interpreted according to the laws ofthe State of Texas.
XX. NOTICES
All notices, communications and reports under this Contract must be mailed or delivered to the
respective parties at the addresses shown below, unless either party is otherwise notified in writing
by the other party:
CITY:
Angi Mize, Sr. Buyer Purchasing Division
972-237-8262 Phone 9721237-8265 Fax
amize@gptx.org
City of Grand Prairie
326 W. Main Street, Grand Prairie, TX 75050
PO Box 534045, Grand Prairie, TX 75053-4045
Dane Stovall Street Division
972-237-8526 Phone
dstovall@gptx.org
City of Grand Prairie
1821 S. SH 161, Grand Prairie, TX 75052
CONTRACT FOR Pavement Marking Srv PRICE AGREEMENT — RFB #16113 Page 5 of 6
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VENDOR:
David Sargent, President
972-647-2714 Phone
david @stripe-a-zone. com
Stripe-A-Zone, Inc.
2714 W. Sherman St., Grand Prairie, TX, 75051
XXI. SEVERABILITY
In the event that any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Contract shall be considered as
if such invalid, illegal, or unenforceable provision had never been contained in the Contract.
XXII. RIGHT OF REVIEW
VENDOR covenants and agrees that the CITY, upon reasonable notice to VENDOR, may review
any of the work performed by VENDOR under this Contract.
XXIII. WAIVER OF ATTORNEYS FEES
VENDOR and CITY expressly covenant nd agree that in the event of any litigation arising
between the parties to this contract, each y shall be solely responsible for payrnent of its
attorneys and that in no event shall either part be responsible for the other party's attorney's fees
regardless of the outcome of the litigation.
EXECUTED this the t day of
CITY OF GRAND PRAIRIE, TEXAS ST ONE, INC.
By J''By:
Tom Cox, Deputy City Manager Printed
Name: AY11 S/L
ATTEST:Title: 1'•.S L a/?
O3
DiMaggio, City Secretary
APPROVED AS TO FORl •
Donald R. Postell, City ttorney
CONTRACT FOR Pavement Marking Srv PRICE AGREEMENT — RFB #16113 Page 6 of 6
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Gity of Grand Prairie Bid 16113
Solicitatian 16113
PAVEMENT MARKING SER/ICE
Bid Designation: Public
c
T L' " X ' A S ,-°--
City`of Grand Prairie
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie :Bid i6113
Bid 16'113
PAVEMENT MARKING SERVICE
Bid Number 16113
Bid Titte PAVEMENT MARKiNG SERUiCE
Bid Start Date Jul 12;' 2016 9:07:07 AM CDT
Bid End Date Jul 25, 2018 2:00:00 PM CDT
tluestion &u! 2D; 2416 4:30:00 PM CDTAnswerEndDate
Bid Contact Angi Mize
Buyer
Purchasing :
972•237-8262
amize@9Ptx.org
Contract Duration i year
Contract Renewaf- 4 annuai renewals
Prices Good fior 120 days
Bid Comments It is the intent of this specification to obtain an annual price areent for the purchase of pavement marking
services for the City of:Grand Prairie. These senrices shall include but not limited to furnishing and ptacing of -
hot appiied thermaplastic reilec6ve pavement markings of exbuded and/or sprayed thermoplastic compound
and the removal of exis6ng pavemenf markings;on a work arder basis. This agreement wili begin on or after
ugust 1'7, 2016.
information, questions or clarification concernin9 the inte»t of this RFB should be ie writing and addressed to
Angi Mize, Sr. 8uyer at amize dsgpbc.orgl8T2 237-8262-
Registration tor BidSync is tree for natitcation of bids, addendums, aad other infarmation: lf your company
wants the conVenience to download #he bid document,s irom BidBync's website or to bid on-line through
BidSync, BidSync ofters these services, fo bids pasted by e City af Grand Praifle, for an annual fee of
560.00: This is not a fee charged?by the City, noc does the City reaeive any part of this fee; ifyour eompany
registers untr the complimentary registration and opts out of the atlditional paid serviees from BidSync, yau
may ernai! a request to:the responsible Buyer for a copy oithe bid documents and submit a hard copy bid
direcy to the Purchasing office,
Item Response Farm :
item 16173-d101 • PLEASE EN7ER PRICING ON ATTACHMENTA, BID SHEET
Quanfity 1 each
Prices are not requested for this item. _
QeVivery tocation City ot Grand Prairie
No l.ocation cified
QtY 1
Description
Please enter pricing on attachmentA, Bid Sheet
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City of Grand Prairie Bid 16113
Specification
T E X A S ------
p••w 6is e 1'l..M N,s•di
REQUEST FOR BID
RF #16113
PAVEMEI T MAR.KING SERVICE
L PROJECT SCOPE
It is the intent of this specification: to obtain an annual price agreement for the purchase bf
pavement marking servioes fcr the City of Grand Prairie. These services shall include
but not limited to fumishing and placing:of hot applied thermoplastic reflective pavement
markings of - extruded andlor sprayed thermoplastic compound and the removal of
existing pavement markings on a work order basis. This agreement wi11 begin on or after
August 17, 2016.
11 The pavement markings to be applied generally will consist of crosswalk lines, __
stop lines, crosshatch Iines, symbols, legends and arrows, channelizing Iines, and
short sections of centerlines and lane lines. Several "typical"".Intersection
Marking Program drawings showing same of the types: of markings are attached
to these specifications as Attachment A for general information only:
1.2 The pavement that the thermoplastic markings will beapplied to will be primarily
asphalt. Some pavements may have been rejuvenated by means of a"chip seal"
or "slurry seal" surface treamaent. Some'pavements may be Portland Cement
Concrete.
2. ` REQUIREMENTS - Services shall include but not limited to the follawing:
2.1 Vendor shall furnish all equipment, materials, service, labor and all
miscellaneous items necessary for the required pavement preparation, layout, and
completion ofthe pavemeut marking installation
2.2: Standards - Al1 markings shall be installed in accordance witii the following:
2.2.1 Manual on Uniform Traffic Contral Devices for Streets and Highways
MLTTCD); published by the Texas Highway Administrarion latest
edition.
http://www:txdof.gov/overnment/enforcement/si nae/tmutcd:html)
2.2.2 TXDT Pavement Marking Handbook
hYtp:/lonlinemanuals.txdot. ogvlfxdotmanualslpmh/pmhpd
2.2.3 These specifica ions and special provisions; and
1_
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City of Grand Prairie 8id 16113
Specificarion
2.2.4 Work orders issued;by the StreetDivision, which will'include appropriate
drawings from #he TXDOT Pavement Marking Standard Detail Sheets.
fip:/lftp.dot:state..us/publtxdot-info%md/cserve/standardJtrafficlpm l-
12. d
2.2.5 In the' event of conflict between tie above standards, the work ordes and
the drawings attached thereto shall takeprecedence. '
2.3 THERMOPLASTIC, HOT APPLIED — ATTACHMENT A
The attached specification shall govern for the materials; omposition, quality;
sampling, ant testing of thermoplastic, hot applied, and materials utilized in its
application to the roadway surFace.!
2.4_ ELIMINATING EIXISTING PA'VEMENT MARKINGS & MARKERS -
ATTACHMENT B
The aitached`specification shall govern for the elimination of existing pavement =
markings ofthe various types and sizes, and raised pavement markers as shown on
the plans or as direcfed by :the Engineer.
2.5 PAVEMENT 3URFACE `PR PARATION FOR MARKING5 -
ATTACHMENT C
The attached specification shall govern for the surface preparation of pavement
surface areas:priar to placement ofpavement markings 'or raised pavement markezs.
2.6 2AISED PAVEMENT MARKERS - ATTACHMENT D`
The aftached specification shall govern for ttae materiaIs, composition, quality,
sampling, and testing of raised pavement markers ofthe various classes and types
shown on the'plans:
3. QUALIFICATIONS
3.1 The Vendor must be have a minimum of five vears' experience in the application
of hot thermoplastic retro-reflective pavementmarkings at intersections, on
streets, and highways that are open to traffic. Bidders=that cannot demonstrate
successful previous experience in work of the type in this agreement will be
considered not responsible and will not be considered for award of agreement.
3,2 Tbe Vendormust possess (own or rent): and/or assure xhe availability of sufficient
equipment, meeting the requirements, to successfu ly pursue the work in this
agreement.
3.3 Personnel employed by the Vendor for work on this agreement sha11 be
xperienced in operating tke striping equipment, requiring little or no trining
necessary to expeditiously commence the work: and pursue it to compleiaon.
Before the City will authorize the Vendor to start work, the Vendor=shall inform
the Ciry representative of the names and specific jabs :of the Vendor's employees
assigned to the Agreement: Any personnel replacements orjob assignment
changes during the Agreement must be reported immediately to the City
representarive and any replacement personnel must meet the personnel experience
qualifications stated above. If, at any time, the City representative believes that
inexperienced personnel are being employed, the City:representative may halt the
work until experienced personnel are provided:
2;
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City of Grand Prairie Bid 16113
Specification
4. LOCATIONS
The specific locations of work are not listed herein, but will be assigned via written work .
order by the City's representative`during the durarion of the agreement. Each work order
will specify the Iocations, items, and estimate quantities of work to be performed. The
City may add; delete; or change the work locations or deta.ils of the markings layouts'at
any time during the work period, with at'Ieast two (2) working days priar notice to the
Vendor.
5.RATE aF PURSUING THE WORK
5.1 The Vendar sball start tbe work required by each wnrk order within two weeks cf
notification and complete the work, no later than one [l calendar month after
receipt of the work order. The only exceprion to this requirement will be
extenuating circumstnce as may be accepted by the City representative.
Requests forexceptions due to extenuating circums#ances must be made in
writing to the City representatie within 48 hours of tbe occurrenee. ' The £ity _
representative's decision on extenuating circumstances will be final:
5.2 Last work days due to holidays, weather; break=down or non-availability of
materials or of Vendor's equipment shall not be`allowed as an excuse for not
meeting the required schedule. The Vendor shall assure that necessary materials
and equipmen are vailable for use on this Agreement. Each` day that a work
order is not completed after the one (1) month allowed shall be considered failure
to pursue the work at an adequaterate. See "Default on Agreement",
6. DEFAULT OF AGREEMENT
61 In the event of any ofthe following conditions the Gity may consider the Vendar
to have defaulted on the agreement:
6.1.1 Failure of the Vendor to start work within 30 days from the:issuance of the
work order:,
6.1.2 Failure of the Vendor to pursue the wark at an adequate rate such tha;
Liquidated Damaaes are eligible to be -assessed in excess o£ 14 calendar
days:total.
G.2 Defautt on the agreement may result in terminatian of the agreement.
7. CHEDULINGAND RECORD`KEEPING'
7.1 The Vendor shall designate a foreman in charge ofthe daily striping,wark. Each
Monday morning, (Tuesday moining following:a Monday City holiday), the
Vendor shall submit a weekly written schedale of work to the City representarive.
The schedule shall be verballv updated each working day (i:e. progress report on
accomplishments and schedule chnges) by the Vendor's foremen. This daily
contact with the Ci#y representative is required.
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
Gity of Grand Prairie Bid 16t 13
Specification
7.2 A permaaent written log of each day's work shall be maintained by the Vendor:
This daily log shall consisE of the name of the intersecring roadways; the work
order number Ehat was executed, #he markings actually installed, the approximate
rime of day that the markings were installed, the quantity (L.F., Sq. Ft., or each)
of each bid item installed at locarions, and any other comments as may be -
desirable. A copy of the daily logs and completed work orders for the previous
week's work shall be submitted no later than each Tuesday. Repeated failure to
turn in logs and campleted work orders when due may result in assi,gnment of one
1) day af Liquidated Damages for each occurrence.
3 If there are locations that tte Vendor desires to do at night ar'during. other than
normal working hours for his own convenience; the endor shall submit a request
in writing to the City representative at least three (3) working.days in advance of `
any intended work on nights, weekends, or holidays, and shall not undertake such
work without the approval of the City represen#ative.
7. - Provisions must be made, at the Vendor's expense, for adequate lighting of the`
marking operation and additional traffic conirol devices required for night time
work. : Far night work, a minimum of six (6} 300p watt lights _shall be used to
iIluminate the area where pavement markings are being installed orremaved.
These`lights sha11 be positioned so they do not interf'ere with the travelling public.
Night;work is defined as any work occurring between one-half (1/2} hour after
sunset and one-half (1/2) hour before sunrise_ `
8. DELiVERY OF MATERIAL
8.1 It sha11 he the Vendor's responsibility to see that merchandise is delivered within
or adjacent to the area of installation repair as specified by the City: >
8.2 The work described'in this;specification shall be done with the least
inconvenience. Velucles must have egress capabilities at a1l:times. The amount
oftime that normal operations are'interrupted must be kept to an absolute
minimum and shall be coordinated with:th Ciry representative.
3 The Vendor` is responsible to protect all existing and newly installed work, _
materials, equipment, improvements, utilities, structures, and vegetarion at all
times during the course of this agreement. Any property or incidentals damaged
during the course of this agreement shall be repaired or replaced to: the
satisfaction of the City representative.
9.SAFETY REQUIREMENTS
9.1 The Contractor must be thoroughly familiar witb aIl prevailing safety measures
pertinent to its operation and sha11 meet or exceed those ;measures_ This shall
inc2ude, but not necessarily be limited to Environmental Health Agency (EPA)
regulations, State of Texas regulations;local city ordinances, and OccupationaT
Safety and Health Agency (OSHA) regulations. In addition, the Contractor shall.
be wholly responsible for'instrucring its employees :in these safety measures and
seeing that they are'fully complied with in every respect.
9.2 Vendor will;provide all required safety signage, barricades, and flasherslstrobes.
4
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Praine Bid 16113
Specification
9.3 A11 employees shall follow all applicable safety procedures, have appropriate fuel
safety'training certification wen required by federal or state law, have immediate
access to all appropriate safety equipment, and shall be trained in the use :of that
equipment.
9.4 All vehicles shall have proper safety signage, be fit far their intended purpase,
and meet all FAA, OSHA, and State of Texas recuirements.
9S Vendors discovered working without necessary safety clevices or equipment in
place vvill be: required to stop a11 work in progress until adequate equipment has
been abtained and approved by to the Contrac# Administrator:
9.5 Any hazardous condirion or any damage to City property is to be immediately
xeported to the City "Contract Administrator.
9.7 Vendor will not permit unsafe practices. Examples af unsafe,practices include but
are not limited to. using inapprapriate equipment for the job; operating with one
aim of a bat wing mower raised with blades exposed and spinning, removing chains
or otUer safety devices from` equipment, traveling with an operator sitting in the back
of a pickup ;fruck with the taigate lowered and c>perating mawing `ec uipment at,
excessive speed. Unsafe practices will be'graunds for termination ofthe cantract.
10. IMPLIED WURK
All incidental work required by the drawinas and specifications, for whieh no payment is
specifically provided, and any work or materials not t°erein specified which are required
to complete the work and` which: may ; fairly be implied as included, shall be done or
furnished by:the Vendor without extra compensation.
11. DAMAGE TO FItOPERTY
In case any direct or indirect damage is done to public or private property hy or because
of te work, or in consequence of any act or omission on the part of the Vendor, his
employees or agents; the Vendor shall, athis owu cost; restare such property to a
condition similar or equal to that existing before such damage was done, by repairing,
rebuilding, or otherwise restoring, as may be required by the City representative, or shall'
make good such damage in a satisfactory manner, and in case of failure on Ehe part;of the
Vendor to promptly so restore or make good such dmage, the City representative may,
upon 48 hours written notice, proceed to repair, rebuild, or otherwise res#ore such
property as may be necessary, and the cost thereof will be deducted from any manies due
ta become due the Vendor under the Agreement; or the Chief 4dministrative Officer may
deduct from any monies due the Vendor a sum sucient, in the judgement of the City
representative, to reimburse the owners of the property so damaged.
S
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Praine Bid 18113
Specification
12. PROCURE1wIENT SCHEDULE.
The projected schedule for this procurement is as follows:
Activity Target Dates
Release Bid Monday, Ju[y ll., 2416
Deadline for Questaons Wednestlay, duly:20, 2016
Res onses to Questions Thursda , Jul 21,2d16 '
Deadline for Recei `t of Bids Monta ,,Tul Za, 2016 '
Council Dafe Tues;ay, Aubust 16, Zq1G
13. CONTACT
Informatian, questions or clarification conceining the intent of this RFB should be in
writing and addressed to Angi Mize, Sr. Buyer at amize(c„gptx.or / 972=237-8262 no
later tfian Jly 2f, 201b, at t:30 pm ,(CST): City of Grand prairie's response to
guestions and'requests for clarification will be:posted to BidSync (www.bidsync:com) by
July 21, 2016 at 4:30 pm {CS`I').
14. EVALUATION GRITERIA
The following'evaluation criteria will be utilized in the selection of a vendor:
Price 40%
Reputation 34%
Experience
Past Relationship with the City and/or other Municipalities -10%
TOTAL 100%
15. AGREEMENT TERMS:AND AWARD
T'he price agreement shall be for an initial period af on.e yearwith four, one year renewal
options. The price agreement shall be awarded ta the vendor(s} submitfing the bid(s}
deemed to be: in the best interest of the Ciry. The City af Grand Prairie reserves .the right
to award a separate 'agrement to separate vendors for ech item/group, to award one or '
multiple agreement(s) for portions of the bid or #o award one .agreement for the entire bid.
The City may also award one Primary and one Secondary vendar per item/category, by
portions or for the entire bid. The City of Grand Prairie may award to a single vendor,
multiple vendors, ar:use any combination that serves the best interest of t]ie City.
16. CONTRACT AWARD
Iendor selected for'contract will be required to retura an executed contract to the City, a
certificate of insurance naming,the Ciry as an additional insured, and a notarized copy of
Form 1295 Certificate of interested parties within 10 days of fhe notice of award:
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bict 18f 13
Specification
17. SUBNIITTAL - ITEMS TO BE St1BMiTTETI
Interested parties should submit all of the following items for consideration in the order
stated:'
A. Bid Pricing (Attachment A)
B. Questinnaire & References (Attachment B)
C. Conflict ofInterest Questionnaire (Attachment C)
D. Submittal Affirmation Form (AtCa.chment D)
E. OR Statement ofNo Response {Attachment G)
Vendor must submit at least ane hard copy and one electronic (flash drive or CD) copy or
via www.bidsvnc.com for an annual fee of $60; Bids must be submitted no later than
the response deadline of July 25, 2416 by 2:00 p.m, to:
Angi Mize, Sr. Buyer
Purchasing Division ;
326 Main Street
Grand Prairie; Texas 75050
Late responses will be unopened and tot acceuted for consideration. The City of Grand
Prairie is not`responsible:for lateness or'failure of timely deliveryvia mail"(whether delays are
internaUexternal), e-mail, carrier, etc. Please ensure you allow iime to provide yoar response
timeiy so'that you may be properly considered.
The City reserves the right to reject any or all responses, to waive formalities, award a separate
agreement fo separate vendors for ach item/group, or to award one agreement for the enti.rebid:
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bid 16113
EXHIBIT A >
RFB #16113
THERMOPLASTIC, HOT APPLIED
t. Description:: This specification sha11 govem for the materials, composition, quality,
sampling, and testing of thermoplastic, hot applied; and materials utilized in its
application to the roadway surface.
II. General Chazacteristics: Thermoplastic marking material shall be a product'especially
compounded for traffic markings: Each bag shall be clearly and adequately;marked to
indicate the:color, 'weight; type of material, and ot or batch number (a lot ar batch
shal be considered as each individual mix or blend that produces a finisbed product
ready for use)_ Each bag of thermoplastic material shall weigh approximately 54
pounds and`designate appropriate user informabion, manufacturers, name and address.
The bag must be compased of a compatible material to allow'far the placement af the
bag and its contents into the melfer. When placed an the raadway, the markings shall
not be siippery when wet; lift from pavement under normal weather conditions,'nor
elchibit a tacky, exposed surface. Cold ductility af the material sball permit normal
road surface expansion and contraction without chipping or cracking:
The` markings shall retain their original color, dimensions, and placment under
normal traffic conditions at road surface:temperatures of158° F and below.
When applied at a 90 mil thickness, the setting to traffic time shall not exceed a
characteristic straight-line curve, the lower limif of wbich is four minutes at 59° F road
surface temperture, and the upper Iimit'of whieh is ten minutes at 90° F road surface ,
temperature. Temratures are to be measured a maximum relative humidify of 90%.
The'markings shall essentially have a uniform cross-section: The density and quality`
of markings sha11 be uniform throughout their thrckness. The applied markings shall .
be 95% free of holes and voids; and free of blisters.for a minimum af 60 days `after
application.
The markings in place on the roadway shall be completety reflectorized both internally
and elcternally. The marking shall exhibit uniform retro-directive reflectance.
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
Y . r .
City of Grand Prairie Bid 16113
The contractor shall assume all casts arising from the use of the patented materials;
equipment, devices, ar processes used on ar incorporated in the work and agree to
indemnify and hold harmless the purchaser and its duly authorized representatives
from all legl suits or action of every nature for, or on account 'of, the use af any
patented materials, equipment, devices, or prpcesses:
III. Sampling and Testing: The City reserves the right to have the supplied thermoplas6c
tested by an independent laboratory. If tie tests reveal that the thermoplastic meefs all
of te agreed upon' specificationsa the City wi11 `submit payment for the tests; however,
if the tests''reveal: that the thermoplastic does not meet all of the agreed upon
specifications, the supplier shall assume all the costs of the tests. If the thermoplastic
material does not meet the specifications; the City reserves the right to refuse all
thermoplastic materials with matching lot or batch numbers of material tested:
Amounts due to th City for condueting such tests wiill be deducted from monthly or
final =estimates on Confracts or from partial or final payments on direct purchases by _
tlie Gity. If the supplier, at any rime during the life of the Contract; fails to supply a
thermoplastic that meets the agreed upon specifications, the City reserves the right to
terminate the contract.
The minimum batcb size of thermoplastic striping material when : tested shall not be
less than 2000 pounds unless the total order is less than that amouut. A small trial
batch should be made prior to making the thermoplastic traffic line in large quantities
to make certain the finished product will comply with all the requirements of this
specificatian.
N: Material Requirements:
A: Pigments: Prime and fliler pigments siiall, when washed free of resins by
solvent washing, pass a U_S. S#andard Sieve Number 200 (Tex-863-B) and shall
meet the following specific requirements for each pigment:
1 _Prime P..igments:
a_The white pignnent shall be a Rutile Titanium Dioxide. -
b. The yellow pigment shall be a heat >xesistant, double
encapsulated medium chrome yellow or other approved'heat
resistant pigment. '
2.Filler Pigment: The filler pigment shall be calcium; carbonate, 95%
PuritY• _
B_ Binder: The binder must cansist of a: mixture of resins, at least one of whicb
is a solid at room temperature, and'high boiling point plasticizers_ At least 1( of
the binder composition must be a maleic-modified glyceryl ester of rosin>and
mustbe no less than 8% by weight af the entire material formulation:
The infrared analysis of the resin extract shall match the spectra on file at GSTJ
1VI&P in accordance with Tex-$88-B:
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
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C. Silica:The tatal silica used in the formulation shall be in the form of glass
traffic beads. _
D. G1ass Traffic Beads: Drop-on glass traffic beads shall meet the requirements of
DMS-8290_
1_1Vlanufacfure: Glass traffic beads shall be:
a.Manufactured from glass.
b.Sphrical in shape.
c.Essentially free `of sharp angular particles.
d. Essentially free of particles showing milkiness, surface
scoring, or surface scratching:
e.Water white in color_
2: -Contaminates: Glass #raffic beads shall:
a.Contain less than 1/4 of 1% moisture by weight.
b: Be free of trash; dirt, etc.
c.Show no evidence of objectionable static electricity when
flowina through a regular traffic-bead dispenser.
3:Gradation:
a.Sieve Analysis: Glass traffic beads shall meet the following
gradatinn requirements:
Openings Percent
U_S. Sfd. Sieves Passin :
20 Sieve I00
30 Sieve 80 - 95
54 Sieve 15 = 35
100 Sieve 0 - 4
b.Irregular Particles: Glass -traffic beads, refained on `any
screen 'used to determine gradation reciuiremenfs, shall not
contain more than 30°70 :(bY weight) irregular particles
measured by Tex-832-B.
4_Index af Refraction; Glass traffic beads; when tested by the liquid
immersion method at 77° F, shall sbow an index of refraction within
the range of 1.50 to I:53.
S. `Wetting. Glass traffic beads shall be capable of being :readily wet
with water when tested in accordance wi#h Test Method Tex-826-B:
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bid 16113
6_Stability: Glass traffic beads shall show na tendency toward
decomposition, ; surface etcing, : change in retro-reflecfive
characteristics, ar change in color after:
a. One bour exposure to concentrated hydrochloric acid at 77
b. Twenty four hours exposure to weak alkali.
c. `One hundred hours of weather-o-meter exposure in accordance
with AST'M G 155 using Exposure Gycle 1 with a quartz inner filter
glass and Type ``S" Borosilicate outer filter glass.
V. Equinment: The thermoplastic payement marking material may be either spray applied
or extruded hot to the pavement surface unless appiication method is specified on the
plans. The' thermoplastic equipment shall be constructed to provide con#inuous
mixing and agitation of the material. The shaping die or spray gun sha11 be equipped
with a cutoff device remotely contralled to provide clean, s9uare, marking ends and
to provide a imethod for applying broken lines.
The equipment used to install hot applied thermoplas ic material by contract under this
specificatian shall ` be constructed to provide continuous uniform heating ; to
temperatures exceeing 400°F mixing, and agifarion of the material. Conveying parts
of the equipment between: the main material resetvoir and the Iine dispensing device
shalYprevent accumula#ion and clogging. All parts of the equipment that come in'
contacC with the material shall be constructed for easy access and exposure 'for
cleaning and maintenance. The equipment 'shall operate so that all mixing and
conveying parts, including the line dispensing device, maintain the material at"the
manufacturer's recommended application temperature The equipment shall pravide
for varying traffic : marking application widths: The :application equipment shall be
mobile and maneuerable to the extent that straight lines can be followed and normal
curves can be made in a true arc. A special kettle shall be provided for uniformly
melEing and heating the thermoplastic material: The kettle must be equipped rovith an
automatic flzermostatic cautrol device and material thermometer for positive
temperature control and to prevent overheating or scorching of the material. The
heating kettle and applicatian equipment shall 'meet the requirements of the National
Fire Underwriters and the Naional Fire Protection Associarion of `the state and local
authorities.
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bid 16113
Equipment used to place four inch solid or broken line sha11 be capable of placing a
minimum of 10,00Q linear feet of marking per working day. Equipment used'for
placing markings in widths of ather than four inches shall have capabilities similar to
four-inch marking equipment. Equipment shall be maintained in satisfactory
operating condition. Equipment shall be considered in unsatisfactory working
condition if `it fails to have an average :hourly placement rate of 1,500 linear feet of
acceptable four-inch solid'or broken lines over any five consecutive working da.ys of
seven hours of more due to equipment malfunction. Upon notiication by the
Engineer of equipment in unsatisfactory operating condition, the Contraetor shal
repair and place such unsatisfacfory equipment in satisfactory condition or replace:
with equipment meetang the requirements of thi specificatian. Equipment used to
place markings other than solid or broken lines shall have produc#ian capabilities
satisfactory #o the Engineer.
The material container must be so equipped and arranged as to satisfy the requirement
of the National Fire Underwriters and the Texas Railroad Commission. The
Contractor shall supply the Engineer with a tliermometer for the project„capable of
measuring the temperature ofthe pavement marking material to be applied. `
Beads applied to the surface of the material shall be: applied by an automatic bead`
dispenser attached ;to the pavemen marking equipment in 'such a manner that the
beads are dispensed uuiformlq and almost instantly upon surface. .The beads shall be
applied at a unifarm minimum rate of 10 pounds of glass spheres very 100 square
feet of line. The bead dispenser shall be equipped with an automatic cut-off control,
synchronized with fihe cut=off of the pavement marking equipment.
VI: Conshuction Methods: The Contractor shall use a crew experienced in the work of -
insfailing pavement markings and shall supply all the equipmen# and materials '
necessary for the placement of the pavement markings. All`traffic control and work "
zane setups shall be in conformance with tfie Texas Manual on Uniform Traffic'
Control Deuices (current edition).
The pavement marking material shall be applied within tle material temperature limits
recbmmended by the manufacturer.
The paement markings: shall be placed in proper alignment with guidelines
established. on the roadway. Deviation from the alignment established shatl not
exceed two inches and, in addition, the:deviatian in alignmeut of the marlang being'
placed shall not exceed one inch per 2p0 feef of roadway nor shall any deviation be
abrupt.
The thermoplastic material shall not deteriorate by. contact with sodium chloride;
calcium chloride, or other'chemicals used to prevent roadway ice ar:because of the oil
content ofpavement materials or from uiI droppings or other effects of traffic.
The material shall be applied to the pavement by spray method to 90:mi1 thicless:'
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bid 16113
When deemed necessary the Engineer fo aclueve specified alignment, the Contractor, _
at his expense, shall place any addirional markings required to achieve" alignment
specified throughout hoth straight and borizontally-curved secfions of roadway. Any
and a11 additional markings placed on the roadway far alignment purposes shall' be
temporary in nature and shall not establish a;permanenx marking` on the roadway.
Materials used for :alignment markings and equipment used'to place such markings
shall be approved by the Engineer:
The pavement upon which the pavement markings are to be placed sha11 be cleaned
and prepared, to the satisfaction of the Engineer; prior to placement ofmarkings.
The bid price for. parking Iot 'striping shall include the removal of all existing`
pavement markings, surface prep and cleaning, layout, and placement of the new -
markings, if deemed necessary by the Engineer:
Cleaning shall be` by any efFective method; approved by the Engineer, wfiich
completely `and effectively removes contaminants, Ioose -materials and conditions
deleterious to proper adheSion. When blast cieaning required, it.,sha11 be shown in
theplans and shall be done in accardance with'the Item "Blast'Cleaning".
Asphalt surfaces more tlan 3 years old or portland cement concrete surfaces shall be
further prepared afEer cleaning by completely seaiing with an acrylic, epoxy or Type II
marking. When epoxy sealer is used; the thermoplastic marking shall be applied`"
before the sealer is:completely cured.
Longitudinal lines shall be offset at least two inches from construction joints of
Portland cemnt concrete pavements and jaints or shoulder brealcs of bituminous
concrete pavements.
The material shall `be instailed in increments of 4, 6, 8, 12, or 24-inch` widths or
otherwise shaped as shown in the plans: Deviations from the specified width shall nat
exceed 1/8 inch except when due to undulations in the pavement surface, in whieh
case'tte deviation in width shall not exceed 1/4 inch.
The material sha11 not prohibit adhesion of other thermoplastic markings if, at some
future time, nevv marldngs are placed over existing material. New material shall bond
itself to the oid line in such a manner that no splitting or separation takes place.
The application of hot-applied pavement marlangs sfiall be done only on a clean, dry
pavement having a road surface temperature above 50°F and an air temperature of
55°F. The application ofhot-applied pavement markings shall not be performed for a
minimum of 24 hours afEer the `road surface fias become wet due to rainfall or any
other means.
When pavement marking applicatio is by spray and operations cease for five minutes
or more, the sgray head must be'flushed by spraying pavement marlng material into a
pan or similar container until the pavement marking material being sprayed out the `
nozzle is atfhe proper temperature far application.
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bid 16113
Unless otherwise directed by the Engineer, pavement marking materials shall not be
placed on raadways between November 1 and March l, subject to temperature and
moisture limitations specified elsewhere herein. '
The t3ickness of the markings shal be unifarm throughout their lengths and widths.
Unless otherwise 5pecified in the plans, the minimuin thickness ' of the markings
applied by extrusion, as measured above #he plane formed by the pavement surface,
shall not be less than 125 mils in't2ie center of the marking and 90 mils at a distance of
one-half inch from the edge. Maximum thickness shall be 125 mils. The Contractar
hall supply a device, suitable to the Engineer; to measure thickness of the applied
extruded markings. `
VII:Finished Praduct Recuirements: ` Finished thermoplastic pavement marking
materials sha11. meet the following requirements: `
A. Physical Ctzaracteristics. The finished thermoplastic pavement marking material -
shall be a free`flowing granular material, unless otherwise specified. The material
shall remain m the free flowing sEate in storage for a minimum of six manths
when stored at temperatures of i00°F or less. The material shall be readily
sprayed throngh nozztas commonly used on thermoplastic spray equipment at
temperatures between 400°F to 425°F.
Toxici : At temperatures up to and including 44b°F, materials shall not give off:
fumes which are toxic or otherwise injurious to persons, animals; or property,
C. Material Stabilitv The material shall notbreak down or`deteriorate when heId afi
400°F for 4 hours:
D. Temperature vs. Viscosity_Characteristics: The temperature versus viscosity
characteristics of the material in the plastic state shalt remain constantthroughout `
up to four reheatings to 40i°' and from $atch to batch.
E. Chemical Resistance: The material shall not be adversely aitered by contact with
sodium `chloride, calcium chloride, or bther similar chemicals on or used on -the
roadway surface; by contact with the oil content of pavement materials; or; by
contacffrom oil droppings from traffic.
F. Softeuing Point: The materials shall nat soften at 194°F when tested by the Ball
and Ring Methad, AS'T1VI lVIethod E2$.
G. Color: The CIE chramaricity coordinates af the materiat, when determined in
aecordance with Tex-839-B,: shalf fall within an area baving the following corner
points.
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DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bid 16113
Point 1 Point 2 Point 3_Point 4 Lwninous
Color x y x y x y X y Y
Wlute 0.290 - 0.315 0.310 0:295 - 0.350 0.340 Oi330 0,3GQ - Min:GS
Yellow 0.470 0.45S O:SiO 0.489 Q.490 0.432 0.537 0.462 45-64
The white and yellow material sfiall meet the above specified color requirements;'for
each color respectively, before and after 70 hours of exposure in a Weather-O-Meter;
Weather-O-Meter exposwe shall be in accordance with ASTG G 155 using Exposure
Cycle 1 with a cuarts inner filter glass and Type °`S" Borosilicate outer filter gtass.
H. Abrasion: Thermoplastic paement marking material shall be tested for abrasion
in accordance with Test Method Tex-851-B according to Steps:l through 8 of t11e `
procedure using the following test parameter.
l: Test Distance — S in.
2. Blast Pressure — 4(?psi
3. Sample Angle -10 degree
4: Blast Media = I200:g.
I. Uniformitv_ Material shall be manufactured' such' that, when sampled in
accordance with CST / M& P's testing procedures, any 100 gram sample will be
representative of the batch or lot of material.
VIII. Formula
A: Thermoplastic Markin. White -bv Weiht
Binder 18 23
Titanium Dioxide 12-15
Calcium Carbonate 2U-42
Glass Traffic Beads 30=45
Total 100
7/12/2016 8:09 AM `.'p.17 `
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City af Grand Prairie Bid 16113
B. Thermoplastic Markin, Yellow bv Weiht
Binder 18-23
Medium Chrome Yellow 5-10 :
Calcium Carbanate 20-42
Glass Traffic Beads 30-45
TOta1 100
IX: Sealer: Sealers foruse on Portland cement cancrete surfaces prior to application of the
thermoplastic shall `be either an acrylic, epoxy sealer or Type I marking.
X. _ Performauce: Pavement markings shall meet all requirements ofthis specification far
a minimum of three years after installation. Paement markings that fail to meet alI
requiremerits of this specificatimi shall be removed and repiaced at the expense of:the
Cantractor. The Contractor shall replace a11 pavemetit markings . failing the
requirements ofthis specification within 30 working days following notification by: the
Engineer of such failing.. All replacement pavement markings sfiall also meet 11
requirements ofthis specification for a minimum of three years after installation.
XI. 1'vleasurement: Measurement of the solid and ! or broken line markings will be made,
fcr :each color, by the linear foot af the various widths complete in place:
Measurement of the arrows, legends and railroad crossing markings will be made by
each unit complete in place.
XIi: Payment: The work performed and materials furnished as prescribed by this ifem;
measured as provided under "Measurement", shall be paid for at the unit price bid for
Thermoplastic Pavement Markings", 'far each color; per linear;foot of the various '
widths of solid and / or broken line per each unit of the arrows, legends and railraad=
crossings complete in place. This price siail be full compensation for cTeaning` the
pavement by any suitable means other than blast cleaning, for furnishing and placing
ali materials, and for all labor, tarls, equipment and- incidentals necessary to complete -
the work.
Warranty (contract applications only) - Tbe thermoplastic pavement marking material
fumished and installed by contract under this specification sha11 be guaranteed by the
coniractor against failure because of poor adhesion resniting from defective materials
ar methods=of application:
Wananties may vary depending upon the applied line thickness, the positioning of the
line,; the traffic density, the use of studded snow tires, and the frequency of snowplow
opeiations:
The following warranties are typical for application thicl ess of 125 mils for
crosswalks and stop lines and 90 mils for landlines; centerlines, `and edge lines by "
extruded method or by spray method. Warranties for thinner lines in these
applications or for;highertraffic volumes may be reduced commensurately:
7/12l2018 8:09 AM p. 18
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Pfaiie Bid 16113
Far non-defective pavement surfaces carrying volumes'fewer than 50,000 vehicles per
day, the contractor sha11 guarantee ta replace or renew without cost ta the City tbat '
part of the pavement markings installed that have not remained to perform service as
follows:
a. Crosswalks and stop lines and legends - 75 percent of the total of any one
intersecaan for one year. Retro-reflectivity levels less than 250 millicandellas
during a three yeat period after installation.
b. Lane lines, edge Iines, and centerlines - 90 percent of a unit for one year,; 80
percent o£ a unit for twa years, and 60 percent of a unit for three years. (A "unit"
is defined as any length of highway having installed thereon 2,000 lineal feet (b10
m) of line of specified width in any combination or patter. Retro-reflectivity level
of less `than 250 millicandellas at any time during a three year period after
installation.
A11 minimum retro reflectivity vaiues for pavement marldngs are set forth in ASTIVI D6359-
98. The minimum reto reflective pavement marking values are set at 25 mcd/m2/luc. For
white and 175 mccUm2/lux for yellow. These minimum values shall be attained for three
3) years'from the installation date of the markings.
7N2/20i6 ff:a9 AM p. 19
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bid 16113
EIIBIT B'
RFB #161I3
ELIIIINATING EISTING PAVEMENT MARKINGS AND-MARKERS
I. Description; This specification shall govem for the elimination of existing pavement
markings of #he various types and sizes,:and raised pavement markers as shown on the
plans or as directed by the.Engineer.
II. Materials: All surface tteatment material application rates shall be as directed by the
Engineer. Unless otherwise shown on the plans, surface heatment materials shall
canform to the recluirements of "Asphalts, 4ils and Emulsions," and "Aggregates far
Surface Treatments" as.specified in TxDC)T Pavement Marking Specifieation.
Testing of surface'treafinent materials may be waived by the Engineer. Asphalt and
aggregate types and grades shall be as shown on the plans or approved by 'te
Engineer.
III. Construction Metliods: Elimination of existing pavement markings and markers shall
be accomplished by one (1 ar more of the following methods as approved by the
Engineer.
1. Markings on Asphaltic Surfaces:
A. Placement of a surface treatment a minimum of two feet (2') wide to cover the
existing marlting.
B. Flacementof a surface treatment, thin ovrlay or micro-surfacing a minimum
of one (1} lane in width in areas where directional changes of traffiaare involved
or other areas as directed by the Engineer:'_
Construction methods for surface treatment sha11 confocm to "Surf'ace Treatments" as
specified in TxDOT Pavement Marking Specifications.
2. Ivlarkings on:Concrete Surfaces:
A. Removal by an approved burning me#had
3. Markings on Asphaltic or Cancrete Surfaces:
A. Removal by wafer, watersand blasdng techniques or by any other method(s}
proven satisfactory to the Engineer
4'. Markers or Asphaltic ar Concrete Surfaces:
A. Removal by any mechanical method to remove marker and adhesive
Existing pavementmarkings and'markers on both concre#e and aspfialtic surFaces shall
be removed in such a manner that color and/or texture contrast of the pavement
surface will.be minimal:
7/12i2016 8'.09 AM p. 20`
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bid 16113
Removal of pavement markings on concrete surfaces by blast cleaning shall be in
accordance : with Grand Prairie's "Pavement Surface Preparation for Markings'°
specification. Blast cleaning shall be performed in such a manner that damage to the
cancrete surface is minimal.
When thermoplastic pavement markings or prefabricated pavement markings are
encountered, the application of heat may be used to remove the bulk of the marking
material prior to blast cleaning, When heat is used, care shall be taken ta prevent
spalling of cancrete surfaces.
A burner may be used for complete remaval of pavemeut markings. Braom removal
or light blast cleaiiing may be used for removal of minor residue.
Damage, such as spalling, shelling, etc. greater than '/4 inch in depth,` caused to
asphaltic surfaces resulring from the removal ofpavement markers shall be repaired by `
the application of a two {2) foot wide surface treatment for longitudinal markers with
nv directionai change or a minimum of one (1) Iane width surface treatment in areas
where directional changes of traffic are invalved.
Grinding is not an acceptable method of marker or marking removal. Hawever,
equipment utilizing special milling flails is considered acceptable in the removal af
markings and markers on asphaltic and concrete surfaces:
7/1 21201 6 8:09 AM p. 21
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City oT Grand Prairie Bid 16113
EXHIBIT C
RFB #1b113
PAVEMENT SURFACE PREPARATION FOR MARKINGS
I. Description: This specification shall govem for the surface preparatian of pavement
surface areas prior to placement of pavement markings or raised pavement markers.
II. Materials: Abrasive blasting medium, when used, shail be a quality commercial:
product capable af pralucing the specified stuface cleanliness without the deposititm
of deleterious materials on the cleaned surface. Water used in blasting operataons shall
be potable.
TQ. Equipment: Equipment shall be in good`condirion_ Air compression equipment shall
utilize moisture and oil traps, in working order,`of sufficient capacityto remove any
contaminants from' blasting air and prevent the degosition of moisture, oiI or other
contaminants on the roadway surface. Grinrling equipment must udlize special
milling`flails.
N: Consma.ction Methals: Widths, lengths and shapes of the prepared surfaces shall
only-be of sufficient size:to include tlie full area of parrement markings or raised
pavement markers. as shown on the plans.
Surface preparation of Porttaud cement concrete surfaces shali be sufficient to remove
contaminauts. Damage to the roadway surface`shall be held to a minimum: Asphaltic
pavement surfaces shalt be cleaned by brushing, washing, compressed air, high
pressure water or any combinarion thereof to remove all forms of contamination and
loose materials. All surfaces shall be cleaned sufficiently to remove loose and flaking
materials from the roadway surface.
When existing markings are encountered, they shall be cleaned sufficiently to remove
all loose and flalcing maferials. Small spots of old markings or contaminants of up to
O.S square inch zn area may remain if the contaminant is notremoved by fhe following
test:
Firmly press a lU inch long, twa-inch wide strip ofmonofilament tape anto
the surface ta be tested, leaving approximately two inches (2") free. Grasp
tbe free end and remove the tape with a shatp pull:
Blasting pressure and fechuique shal be controlled to . prevent damage to the
pavement surface. Grinding is nat an acceptable `method of marker or marking-
removal. However, equipment utilizing special milling flails is considered
acceptable in the removal of markings and markers on portlaud cement concrete
aud asphalric surfaces.
7t12T2016 8:09 AM p.
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
Ciiy of Grand Prairie Bid 16113
EXHIBIT D
RFB #16113
R.AISED P'AVEMENT MARKERS
I. Description: This specificatiou shall govem for the materials, composition, quality,
sampling, aud testing of raised pavement markers pf the various classes and types
shown on tie lans:
II. Materials: Raised pavement markers shall comply with the :requirements of TxDOT
Departuzental Materials Specificatians as follows;
Pavemeut 1VlarkerS {I eflectorized} DMS-4204
A. Raised Pavement Markers (Pavement Markers, Reflectorized). Raised pavement
markers shall`include Types: I-A, I-C, I-R, II-A-A and II-C-R:
Descriptions:
Type I-A. Type i-A shall contain one face that reflects amber light The body, other
than the reflective face, shall be yellow.
Type I-C. Type I-C shall contain one face that reflects white light. The body; oter
than the retlective fact, shall be white, silver-white.
Type I-R. Type I-R shall contain ane face that reflects red ligh. The body; other than
the reflective face, shall be white or silver-white.
Type II-A-A. Type II-A-A shall contain two (2) reflective faces oriented 180° to each
other, each `of which shall reflect amber Iight. The bady; ofiher than the reflective'
faces; shall;be yellow.
Type II-C-R. Type II-C-R shall contain two (2) reflective faces oriented I80° to each
other, one of which shall reflect white light and one of which sball reflect red light.
The body, ather than the reflective faces; shall be white or silver-white. Optionally; the
body: may be oue-halfwlute, silvr-white on the side that reflects white light and one-`
half red on the side tiat reflects red light.
III: Avnearance Requ.irements: The outer surface of the RPM's sha11 be smooth except
for the molding or stamping of the manufacfurer's unique imprint: AIl comers and "
edges exposed to traffic shail be rounded.
N: Optical Requirements: The RPM's sha11 be capable of providing amber, red or white
light reflection as required by the xequisition orplans_
The-reflected light of each reflective face must conform ta the minimum reflecrive
specific intensity :(SI} requirements measured in candelas per foot-candle (cd/fc) as
follows:
7l12/2016 8:09 AM p. 23
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City oi Grand Prairie Bid 16113
Minimum SI per Reflective Face at 02° Observation Angle (cdifc)
Horizontat Entrance Angle Crystal Amber Red -
4°3:00 2.00 Q.75 '
20°1.50 1:00 0.34
V. Pfiysical Requirements: The RPM's shall comply with TOT "Tex-434-A,
Breakin Strength of Tr c Buttans".
VI. Heat Resistance: The RPM's sha11 cornply with TOT °`Tex-845-B, Testing the
Heat Resistance ofReflector Units".
VII: Samnlin: Sampling wi11 be in accordance with TxDOT Tesf Method Tex 729-I '
VIII. Constzuction Methods: Each class of raised pavement marker shall be from the same
mauufacturer.
Surfaces to which markers are to be installed by an adhesive sha11 be prepared by any '
method approved by the -Engineer to ensure .that the surface is free of :dirt, curing
compound, grease;;oil, moisture loose or unsound pavement markings and any other
material which would adversely affect the adhesive bond. Unless otherwise shown on
the plans, surface preparatio for installation of raised pavement markers will not be
paid for directly, but shall be considered subsidiary to this item
Guides to mark the lateral placement of pavement markers shall be established as
shown on the plans or as directed by the Engineer. The Contractor shall establish the
pavement marker'guides and the Engineer will:verify the location of the guides.
The pavement markers shail be placed in praper alignment with guidelines established.
on the roadway. The deyiation rate in alignment shall not exceetl one inch (1") per
200 feet of-roadway. The mimum deviation shall not exceed two inches {2"} nor
shail any deviation be abrupt
Markers placed #hat are-not in alignment or sequence, as shown on the plans or as
stated in ihis specification, shall be removed: by the Cantractor at the Contractor's
expense. Removal shall be in accordance with Grand Prairie's "Eliminating
Existing Pavement Markings and Markers" Specificarion .except for measnrement
and payments. Guides placed an the roadway fvr alignmeut purposes shall not
establish apermanent marking on the roadway.
Unless otherwise shown on the plans, the Gontractor sha11 use the following
adkesive materials for placement af markers_
Epoxy dhesive for Kaised Pavement Markers on Portland cement concrete
pavements.
Bituminous adhesive for Raised Pavement Markers on asphalt surfaces.
7I12/2016 8:09 AM p. 24
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie 6id 16113
Adhesive shall be applied in sufficient quantity to ensure the following:
100 percent ofthe bonding area of raised markers shall be in
contact witb the adhesive.
Unless otherwise required by this item, adhesives shall be applied in accordance
with the manufacturer's recommendations.
ituminous adhesiVe shall conforni to the requiremen#s of the TxDOT Materials
Specification DMS-6130. Epoxy adhesive shall conform to the requirements of the
TxDUT Maferials Specification DMS-bi00 Type II Traffic Marker Adhesives.
When bitu;minous adhesiVe is used, the pavement and raised pavement marker
temperature shall be at least 40° F. The bituminous adhesive sha11 not be heated
above 400°F: The bituminous adhesive shail be agitated intermittently to ensure
even'heat distribution_
Epoxy adhesive sfiall be machine mixed.
Raised pavement markers shall be free of rust scale, dirt, oil; grease, moisture or
contaminants which might adversely affect the adhesive bond.
Raised pavement markers shall be placed immediately after the a+dhesive is appIied
and shall be`firmly=bonded ta the,pavement. Adhesive or any other material that
impairs functional reflectivity will not.be acceptable:-
7tt?J2036 8'.Og AM p. 25
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City of Grand Prairie Bid 16113
BID SHEET Yenclor Name r' f?, ZO?'/L' '''
RFB# 16113 Confact r'/ j' :. C, vv7 '
PAVEMENT MARKING SERVICES Email O.tA''!,6"_-'2e '''`
Estimated onc-ycar quantities aze given. Estimated usage shall nofconstitute an ptione j !„„ ,a .,. „} 4
ordci, but only, implics ffie probablc quantity ite city,wiil usa: Thc City reserVCs
the right to incicasa or decreaso quantities with no incrcase in cast to the City.
Ci /State R'9vU / ,t.Ctl
tem#Description UOM ES Unit Price Est Cost
Quantity
O .
Reflective Pavemnt Markirr TY I W BRK 4"LF 30000 704 '
2 Reflective Pavement Markin : TY i W BRK 6"F;3000 ; S" :. f'OD °"'
3 m
Reflective Pavement Markin TY i W BRK 8"15000 S- p
4 15d00 u SO ""Reflective Pevement Marki ' T`Y I W BRK 12'LF 7i
5 Reflective Pavement Marki ' TY I WSLD 4" .LF.30000 7,, dD
6 Reflective Pavemenf Markin` TY I W SLD 6°LF 30000 S ,,,; _ I/'_r: ?4
7 a'""`Reflective Pavement Markin T1' i W SLD 8"LF 15000 9s "'7S iO
Reflective Pavemenf Markin TY i W SLD 12"7500 3, 3r -'`o,-
9 Refl2ctive Pavement Markin TY I W SLD 24"F 750d 5.3 ilY.,
10 eflecfive Pavement Markin TY I W SLD ARROW EA 108 q 3's y; °
11 Reflec6ve Paverrrent Marki TY ! WSQ D8 ARROW E;4 30 l' .'..., r.v9 .Y .
l Reflective Paveme t Markin TY I WSLD V1JRD EA 30 3.._:;_'. 3. ` -
13 Reflective Pavemenf Markin TY f iN SLb RR XING EA 30 r :3, .e, ..:14 Reflective Pavement Marki > TY I Y SLD 4"LF 60000 i Zto.
15 sooao 20 vvoReflectivePavementMarki ' TY II W BRK 4"LF i
e16ReflectivePavementMarkin' TY II W BRK 6"LF 3000 p !DO ... pO.,n,w'
17 Refiective Pavement Markin TY II W BRK 8"LF 15000 3,' g; ._ 0-
18 Reflective Paver'nent Marki ` TY II V1l SLD 4"F 15000 :2
Reflective Pavement Markin TY Ii WSLb 6"15000 ' r:, Z 3 3•
20 Refiective Pavement Markin TY I W SLD 8"LF 15000 o
2? ` Reflecfive Pavement Markin TY il W SLD 12"F 7500 G;no.--22 Reflective Pavement Markin ` TY 11 W SLD 24"LF 7500 f . 33 ._. f r'ff; ,
a
23 Reflective Pavement Markin' TY II W SLD ARROW EA 10 Z. ._.:w._..r_ •
24 efiective Pavement Markin TY f l VH SLD DBL ARROW EA 30 3d '—
25 ReffectivePavement Martci '' TY fi W SLD WORD Eq 30 3 y ,f p` ''
y a 3 , n, a.—26 Reflective Pavement Markin TY 11 W SLD RR XWG ' EA 30
27 sooao p < Reflective Pavement Markin TY II Y SLD 4'LF
28 Eliminate Existin Pavement Markin 4"30000 _l'
2g Elimina#eExistin PavementMarki 6"30000 7__'__,_, S jp `y""'
30 Eliminate Existin Pavement Marki 8"LF 15000 s::700 °I31EliminateExistinPavementMarkin12"F 7500 -j Z S ,
7/12/2016 8:09 AM p- `
EXHIBIT CDocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
City oI Grand Prairie 8id 16113
32 Eliminate Existin Pavement Markin 24"LF j%^:. a°, °
33 o
El minate Existin Pavemenf Markin ARROW EA BC
34 Etiminate Eacistin Pavement Markin WORb EA 30 p. °--
3 $ Eliminate Existin Pavement' Markin RR XING EA 30 0. .. "_ W. -
36 o
Pavement Markin Pre aration 4"LF 3oD00 j . j y pp •"'
3 Pavement Marki Pre ara#ion 6"L 30000 2 ,
38 Pavement Marki Pre aration 8"F 15000 = r ., f 2, y,_, 3.co
39 Pavement Markin Pre ratiort 12°LF 15000 3 ; ._ i"O .
n ':.Qr"'. ..._.PaVement Markin Pre ration 24 LF 7500 9k ;-oo, _
41 Pavement Markin Pre aration ARROW EA 108 f%` ."''"
42 Pavement Martcin Pre ara#ian DBL ARROVI/Eq 30 Q "?
43 pavement Marki Pre aration WRD EA 30
4 ' 4 ' PaVemenf Marki Pre aration RR X1NG EA 30 D O
w.: ,_ _ MV.. .. ._
4 Raised Pavement Marker CL B REFL Tf 1 A EA t 'lr. ,, `: I.2 pO° Q '
46 Raised Pavement Madcer CL B REFL 7Y 11 A-A q 3000 t'"` ,o00
47 Raised Pavement Marker CL B REF TY I C EA 3000 a' ..
48 Raised PaVement Maticer CL B REFL TY ii C-R EA 3000 1,, pG „.
49 Eliminate Existin Pavement Markers Ep 6000 4c. "o:.--
ESTIMATED TOTAL 6 3-
7/12/201 fi 8:09 AM .. p. 27
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
File 7077
Exhibit D
City of Denton
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 contract are applicable to contracts/purchase orders issued
by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after
referred to as 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 seller’s
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.
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, 22 and 32
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. 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 commercial 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 PROHIBITED: 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 accepts the deliverables.
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 shall be that set forth the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law,
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
File 7077
including, but not limited 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 CONDITION 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 manner, 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 performance of the Contractor’s obligations
under the contract. The Contractor hereby releases and holds the City harmless from and against any
liability or claim for damages of any kind or nature if the actual site or service conditions differ from
expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City
Staff, participants and others on or near the City’s facilities.
10. WORKFORCE
A. The Contractor shall employ 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 firearm, 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 intoxicating 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 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.
Immigration: The Contractor represents and warrants that it shall comply with the requirements of the
Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention
of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor
or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (“IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The
Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable
federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the
performance of the services, including but not limited to those promulgated by the City and by the
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Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety
requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all
claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the
breach of the Contractor’s obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all 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 shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice
must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery order
number and the master agreement number if applicable, the Department’s Name, and the name of
the point of contact for the Department. Invoices shall be itemized and transportation charges, if any,
shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be
attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification
number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless
otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s
invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order
number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates
and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the
work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty
(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 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 party 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;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property 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 unpaid balance would not be adequate to cover actual
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or 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 firm who is in arrears to the City of Denton for 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 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 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 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.
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. During the term of this
contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved
out of pocket expenses which are incurred in the connection with the performance of duties hereunder.
Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City
facilities shall not be reimbursed, unless otherwise negotiated.
15. FINAL PAYMENT AND CLOSE-OUT:
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.
16. SPECIAL TOOLS & TEST EQUIPMENT: 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 thereto shall become the property
of the City and shall 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 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
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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 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 files, even if such drafts or electronic files are subsequently used to generate or prepare a final
printed document.
18. 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 shall constitute a waiver of any rights or remedies of the City
with respect 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:
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 specified 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 extent
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.
19. 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
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consultation, 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 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.
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.
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 Solicitation, 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 industry 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 warranty 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 promptly upon
receipt of demand either repair the non-conforming deliverables, or replace the non-conforming
deliverables with fully conforming 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 from the Contractor, and purchase
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 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 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 incidental to such additional performance shall 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 of the breach warranty, but failure to give timely notice shall
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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 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-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.
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 specified after demand is made,
the demanding party may 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 Contractor (a) fails to fully,
timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate
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 misrepresentation in Contractor’s Offer, or in any report
or deliverable required to be submitted by the Contractor to the City.
27. TERMINATION 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 shall 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 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 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’ 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
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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 Contractor 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 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
commotion, 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.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" 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 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 breach of
any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY,
AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND
ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS
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 LIMIT 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.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm shall procure and
maintain insurance of the types and in the minimum amounts acceptable 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.
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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 all 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
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 make 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.
xii. 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.
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xiii. The Contractor shall 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.
xiv. 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.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises
under or concerns the Contract, or which could have a material adverse effect on the Contractor’s ability to
perform 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.
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 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 Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager.
35. 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.
36. NO WARRANTY 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 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 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 impact such warranties of Contractor.
37. CONFIDENTIALITY: 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 (including inventions, employee
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information, trade secrets, confidential know-how, confidential business information, 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 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.
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 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 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 employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment
to the City of) 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 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.
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.
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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 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 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 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.
43. 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 solicitation shall have a financial interest, direct or
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 Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit
the City’s Conflict of Interest Questionnaire.
44. 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 of Denton, Texas 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 of Denton, Texas, or his designee
under this agreement. The contractor is expressly free to advertise and perform services for other parties while
performing services for the City.
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 assignment 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, firm or entity not a party hereto; it being the intention of the parties that there are no third party
beneficiaries to the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
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documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
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 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 party 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.
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 shall 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 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.
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 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 party 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 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 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
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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.
51. 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.
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.
53. 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.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton 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 of Denton
Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not
currently suspended or debarred from doing business with the Federal 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 of Denton.
55. 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, sex, sexual orientation, 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
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in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements)
The following federally funded requirements are applicable. A. Definitions. 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 definition, plus allocable
overhead costs, but excluding profit. Cost of components 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 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 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. "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 - 10d) 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 shall 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 Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information
presented in any response to this contract, whether amended or not, except as prohibited by law. Selection
of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires 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 WAGE RATES: The contractor shall comply with prevailing wage rates as defined by
the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for
Denton County, Texas (WD-2509).
60. 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 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 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.
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61. 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 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 Workers’ Compensation
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 State withholding requirements. Contractor shall
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 WORKPLACE: 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 final 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.
63. 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 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 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
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 circumstances 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 immediately
notify the City of Denton 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.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the
Contract 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 limit, impair, preclude, cancel, waive or otherwise affect such right or 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.
66. NO WAIVER OF SOVEREIGN IMMUNITY: 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 immunities from suit
or from liability 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 Auditor's Office is satisfied that all audit and litigation matters are
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resolved, whichever period is longer. The Respondent shall 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.
Should a conflict arise between any of the contract documents, it shall be resolved with the following
order of precedence (if applicable). In any event, the final negotiated contract shall take precedence
over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. City’s standard terms and conditions
3. Purchase order
4. Supplier terms and conditions
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Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government
Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure
of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The
Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically
with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded,
in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX:
Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council
award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website
within seven business days.
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Exhibit F
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which the
successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide
and maintain until the contracted work has been completed and accepted by the City of Denton, Owner,
the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance including
any applicable addendum or endorsements, containing 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 any time; however, Contractor shall not commence any work or deliver any
material until he or she receives notification that the contract has been accepted, approved, and signed
by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the
following general specifications, and shall be maintained in compliance with these general specifications
throughout the 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 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.
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.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies described on the
certificate be cancelled or materially changed before the expiration date.
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
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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 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:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with
the following marked specifications, and shall be maintained in compliance with 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.
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 $500,000 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
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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 $1,000,000.00 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 $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 of Denton and all subcontractors as their
interests may appear.
[ ] Environmental Liability Insurance
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
File 7077
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be provided by a
Rigger’s Liability endorsement on the existing CGL coverage; through and Installation Floater
covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger’s Liability Coverage
form. Said coverage shall mirror the limits provided by the CGL coverage
[ ] 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.
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
File 7077
ATTACHMENT 1
[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 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's/person'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 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, 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, 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
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
File 7077
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 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 payroll 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 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.
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, 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-
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
File 7077
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.
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor 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 after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor 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 vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes 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 one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: FA3AED33-1B2E-4A45-80AF-1755F4BE274B
G
Stripe-A-Zone, Inc.
X
X
5/3/2019
X
X
N/A
N/A
Certificate Of Completion
Envelope Id: FA3AED331B2E4A4580AF1755F4BE274B Status: Completed
Subject: Please DocuSign: City Council Contract 7077 Stripe-A-Zone
Source Envelope:
Document Pages: 64 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Jamie Cogdell
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Jamie.Cogdell@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
5/2/2019 10:37:45 AM
Holder: Jamie Cogdell
Jamie.Cogdell@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 5/2/2019 10:47:37 AM
Viewed: 5/2/2019 10:49:53 AM
Signed: 5/2/2019 10:51:32 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 5/2/2019 10:51:35 AM
Viewed: 5/2/2019 12:06:47 PM
Signed: 5/2/2019 12:08:29 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 5/2/2019 12:08:32 PM
Viewed: 5/3/2019 9:18:55 AM
Signed: 5/3/2019 9:22:34 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David Sargent
david@stripe-a-zone.com
President
Stripe-A-Zone Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.212.185.58
Sent: 5/3/2019 9:22:37 AM
Resent: 5/3/2019 2:00:25 PM
Viewed: 5/3/2019 11:21:27 AM
Signed: 5/3/2019 2:00:45 PM
Electronic Record and Signature Disclosure:
Accepted: 5/3/2019 11:21:27 AM
ID: a1fc4195-1229-4d2c-b617-427e0d39c907
Signer Events Signature Timestamp
Todd Estes
todd.estes@cityofdenton.com
City Engineer
Capital Projects
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.206.61.38
Signed using mobile
Sent: 5/3/2019 2:00:48 PM
Viewed: 5/3/2019 2:07:46 PM
Signed: 5/3/2019 2:08:24 PM
Electronic Record and Signature Disclosure:
Accepted: 5/3/2019 2:07:46 PM
ID: 4f1423f6-341f-4b4e-8f72-0b31612280e1
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 5/3/2019 2:08:28 PM
Viewed: 5/22/2019 10:26:08 AM
Signed: 5/22/2019 10:26:33 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 5/22/2019 10:26:38 AM
Viewed: 5/22/2019 11:28:31 AM
Signed: 5/22/2019 11:28:36 AM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 5/22/2019 11:28:40 AM
Viewed: 5/22/2019 7:48:49 PM
Signed: 5/22/2019 7:49:34 PM
Electronic Record and Signature Disclosure:
Accepted: 5/22/2019 7:48:49 PM
ID: 49adfc88-4a30-4362-8eb5-ad543f85c02e
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/2/2019 10:51:35 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/2/2019 10:51:35 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Billy Gunter
billy@stripe-a-zone.com
Security Level: Email, Account Authentication
(None)
Sent: 5/3/2019 9:22:37 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Daniel Kremer
daniel.kremer@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 5/3/2019 2:00:48 PM
Viewed: 5/3/2019 3:43:11 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/22/2019 10:26:37 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/22/2019 7:49:37 PM
Viewed: 5/23/2019 5:03:00 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/22/2019 7:49:37 PM
Certified Delivered Security Checked 5/22/2019 7:49:37 PM
Signing Complete Security Checked 5/22/2019 7:49:37 PM
Completed Security Checked 5/22/2019 7:49:37 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: David Sargent, Todd Estes, Todd Hileman, Rosa Rios
How to contact City of Denton:
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