6365 - Irrigation Parts Supply, EXECUTED CONTRACTDocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
I CITY
OF
DENTON
Docusign City Council Transmittal Coversheet
RFP 6365
File Name 6365 SUPPLY OF IRRIGATION SUPPLIES
Purchasing Contact
City Council Target Date
Contract Value
Piggy Back Option
Contract Expiration
Ordinance
Robyn Forsyth
August 15, 2017
$300,000
yes
August 15, 2020
2017-228
f
DocuSign Envelope ID: 6559A49F-A91 C-4A19-A208-8E93FE20717F
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
LONGHORN, INC. (FILE# 6365)
This Contract is made and entered into this date - , ey and between Longhorn, Inc., a
corporation, whose corporate address is 2640 Tarna Drive Dallas Texas 75229, 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 City's RFP 46365 Supply of
Irrigation SMlies, a copy of which is on fiie at the office of Purchasing Agent and incorporated
herein for all purposes. The Contract consists of this written agreement and the following items
which are attached hereto, or on tile; and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit "A");
(b) City of Denton's RFP #6365 (Exhibit "B" on file at the office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit "C");
(d) Certificate of Interested Parties Electronic Filing (Exhibit "D");
(e) Supplier's Proposal. (Exhibit "E");
(f) Form CIQ — Conflict of Interest Questionnaire (Exhibit "F")
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."
INDEMNITY
THE SUPPLIER REPRESENTS AND WARRANTS TO THE CITY THAT THE
INTELLECTUAL PROPERTY SUPPLIED BY 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, AND THAT NO CLAIMS HAVE BEEN MADE BY ANY
PERSON OR ENTITY WITH RESPECT TO THE OWNERSHIP OR OPERATION OF
THE INTELLECTUAL PROPERTY. MOREOVER, 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
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OTHER PROFESSIONALS) ARISING OUT OF OR RESULTING FROM ANY CLAIM
THAT THE CITY'S EXERCISE OF ITS LICENSE RIGHTS, AND ITS USE OF THE
INTELLECTUAL PROPERTY, THE SUBJECT OF THIS CONTRACT, INFRINGES
THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR THE
BREACH OF ANY OF REPRESENTATIONS OR WARRANTIES STATED IN THE
CONTRACT DOCUMENTS. 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.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
13'44wsglkkce! by:
BY: f Jt,I�.vu� r (PAULn
�I,C58FAFC182194ED.
SUPPLIER
D (; 510"d hy:
13Y
Date: 8/4/2017
Name: Mike Brooks
Title: Longhorn Inc.
940.381.5063
PHONE NUMBER
mbrooksglonghorn inc.com
EMAIL ADDRESS
2017-233
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
EIL177W-71113AOLAr4
❑ocuSignrd by:
BY: -41 Rl"At
I UUD 1-11 LLMA.v
CITY MANAGER
8/16/2017
Date:
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APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
Owustaw by,
BY: ,s aeseacasa�ea...
RFP# 6365 Longhorn Inc.
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
Exhibit A
Special Terms and Conditions
1. The Quantities
The quantities indicated on Exhibit E are estimates based upon the best available information. The
City reserves the right to increase or decrease the quantities to meet its actual needs without any
adjustments in the bid price. Individual purchase orders will be issued on an as needed basis.
2. Product Changes During Contract Term
The supplier shall not change specifications during the contract term without prior approval. Any
deviation in the specifications or change in the product must be approved in advance by the City
of Denton. Notice of a change shall be submitted in writing to
derrtotipurchasin,ecityofdenton.com, with the above file number in the subject line, for review.
Products found to have changed specifications without notification, and acceptance, will be
returned at the supplier's expense. Products that have been installed will be replaced at the
supplier's expense.
3. Authorized Distributor
The supplier shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's
representative as needed by the City.
4. Contract Terms
The contract term will be one (1) year, effective from the date that the City provides notice of the
award to supplier ("effective date"). The contract shall automatically renew each year on the month
and day of the effective date ("renewal date"), unless either party notifies the other party in writing
prior to the renewal date that the contract will not be renewed or the contract is otherwise
terminated or completed. This contract may only be automatically renewed for an additional two
(2) one-year periods, subject to the terms herein, without City Council approval.
5. Price Escalation and De-escalation
On Supplier's request in the form stated herein, the City will implement an escalation/de-escalation
price adjustment annually based on these special terms. The escalation/de-escalation will be based
on the U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) for other
irrigation supplies (WPU071304117). The stated eligible bid price will be increased or decreased
based upon the annual percentage change in the PPI so long as the change is greater than the
minimum threshold value of +/- 1%. The maximum escalation will not exceed +/- 8% for any
individual year. The Supplier must submit or make available the manufacturers pricing
sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause.
The Supplier's request must be submitted in writing with supporting evidence for need of such
increase to the Purchasing Manager at least 60 days prior to the contract renewal date for each
year. The Supplier should provide documentation as a percentage of each cost associated with the
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unit prices quoted for consideration. If no request is made, then it will be assumed that the current
contract price will be in effect.
Upon receipt of such request, the City of Denton, at its sole option, reserves the right to either: (1)
accept the escalation as competitive with the general market price at the time, and become effective
upon the renewal date of the contract award; or, (2) reject the increase within thirty (30) calendat-
days after receipt of a properly submitted request. If a properly submitted increase is rejected, the
Supplier may request cancellation of such items from the contract by giving the City of Denton
written notice. Cancellation will not go into effect for 15 calendar days after a determination has
been issued. The prices in effect prior to the increase request must be honored on orders dated up
to the official date of the City of Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation
number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
6. Total Contract Amount
The contract total shall not exceed $300,000. Pricing shall be per Exhibit E attached.
7. Deliver), Lead Time
If the order is received prior to noon, products or services will be delivered within the same day
after the receipt of order from the City. Orders received after noon, will be received the next
morning.
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Exhibit C
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
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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, 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,
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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 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.
F. The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
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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.
£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 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
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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 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
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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
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.
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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 not impair the City's rights under
this section.
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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
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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 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),
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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.
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
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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.
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 affect 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
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to the City shall be addressed to the City at 901 B 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 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.
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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.
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
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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.
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
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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
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refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
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
RFP# 6365 Longhorn Inc. 21
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-BE93FE20717F
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, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
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 (l) 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. l0a - 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
RFP# 6365 Longhorn Inc. 22
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
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
littp:11www.dol.gay/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.
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 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
RFP# 6365 Longhorn Inc. 23
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
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 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. RFP/Bid documents
3. City's standard terms and conditions
4. Purchase order
5. Supplier terms and conditions
RFP# 6365 Longhorn Inc. 24
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXHIBIT D
CERTIFICATE OF INTERESTED PARTIES FORM 1295
. loft
Complete Nos. i - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2017-233751
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Longhorn Inc
Denton, TX United States
Date Filed:
07/10/2017
? Ns -Meal govemmenial Cntity er StAIC agency ttl.It I] a tl8rty tti tliR Coritiaral ar wtilclr the form 910
being Wed.
City of Denton, Texas
hate Acknowledged:
07/24/2017
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP #6365
Irrigation Supplies
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
ControllingIntermediary
5 Check oniylf lftore Is NO Interested Party. ❑
x
f, AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure Is true and correct.
Signature of ms soil2wl agent of contracting hualness entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20�, in certify which, w"st
PABLO AVILA
My Commission Expires f �'
August 11, 2019 �r'.�> �CS 1 11 . �«, ?C'l y G C 1-d 1D `C
Sd({i7aW►e of n! cttr adrnlydstari s =' p,,��n"�� tcifnp oath Title of officer adrnlnlstering oath
Forrns.pruvided by Texas Ethics Commission
wvvw. a th i cs. state . tx. u s
Version V1.O.RB3
RFP# 6365 Longhorn Inc. 25
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
EXHIBIT E
-BUSINESS OVERVIEW QUESTIONNAIRE AND
FORMS
1. Contract Information (for formal contracting purposes):
The following information will be used to write a contract, should your firm be selected for
award.
is Firm's Legal Name: LONGHORN, 1NC.
■ Address: 1220 SHADY OAKS DENTON, TEXAS 76205
o Agent Authorized to sign contract (Name): MIKE BROOKS
• Agent's email address: Mbrooks@Longhornine.com
Longhornine.com
2. Subsidiary of:
3. Ortani7.titlon Class (circle):
Partnership C'S]ryrcrrtEtit}�E �") Individual Association
-._ ._
4. Tax Payer iD#: 1-74-2214405-9
5. Date Established: 1982
6. Historically Underutilized Business: Yes or No
NO
7. Does your company have an established physical presence in the State of Texas, or the City of
Denton? Yes or No, in which?
Yes, 16 stores around state of Texas, Have a branch in Denton, "Texas since 1996. We have
5 employees that live in City of Denton, or Denton prox.
8. Please provide a dctai led listing of all products and/or services that your company provides.
Irrigation supply house selling all brands of irrigation parts, pvc pipe, drainage products,
Mulch ; edging and other products for installation and repair of sprinkler systems.
9. Has your company filed or been named in any litigation involving your company and the Owner
on a contract within the last five years under your current company name or any other company
name? If so provide details of the issues and resolution if available. Include lawsuits where Owner
RFP# 6365 Longhorn Inc. 26
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
EXHIBIT E
was involved. (Notice: Failure to disclose this information during proposal submission, and later
discovered, may result in contract termination at the Owner's option.)
NO
10. Have you ever defaulted on or failed to complete a contract under your current company name
or any other company name? If so, where and why? Give name and telephone number of
Owner.
NO, OWNER: LEI: EVANS, # 972-406-0222
11. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and
telephone number (s) of Owner (s).
12. Has your company implemented an Employee Health and Safety Program compliant with 29
CFR 1910 "General Industry Standards" and/or 29 CPR 1926 "General Consgtuction Standards"
as they apply to your Company's customary activities? YES
atilt :Ilkrtt�t�r.usiin. �c�.v1 l:;los1111M .MINVAs mdl.senrch dere tylle=S ANDJkR1]S&,��s,;�
toc icvcl- kj vyVu111k -1 i5
13. Resi d etit/Non -Resident Bidder Determination:
Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities
and other govemmental units from awarding contracts to a non-resident firm unless the amount
of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident
would be required to underbid in the non-resident bidders' state. In order to make this
determination, please provide the name, address and phone number of.
a. Responding firms principle place of business:
LONGHORN, INC
2640 TARNA DRIVE
DALLAS, TEXAS 75229
972-406-0222
b. Company's majority owner principle place of business:
SAME
C, Ultimate Parent Company's principle place of business:
SAME
RFP# 6365 Longhorn Inc. 27
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
EXHIBIT E
14. _Provide details to stIVIt+rt (lic e%!allj,+iion cuter i L ink haoiva extiv- eave ;unci delivea.
Longhorn Inc., Denton location has two licensed irrigators on staff on a local level to
help with questions or inventory issues that may come up. Longhorn, Denton store also provides
free delivery on a daily basis to help the City of Denton, Parks and Rec. on local projects that
need to be addressed. Longhorn Denton has maintained a good working relationships with many
of the City of Denton departments, is water dept., street dept.
MUE and many others...
15. Provide details on holy firm Inerts the min inn1€oil uuitIifivntla"M Mated 111 (Ills N1 Rin
doer mucltt Section S.
a. The details must be completed on this form, and shall not point to another document in
the respondent's proposal.
b. Sign below and return form with final submission.
Longhorn Inc, is a member of State Of Texas BUY BOARD # 447-14 exp
Longhorn Denton has been in this Location since 1996, well over 10 years.
Three governmental entities:
1. Lewisville Ind. School District
P. O. Box 217
Lewisville, Texas 75067 Attn: Jack Wilson 469-948-7836
2. City of Richardson
P.O. Box 830309
Richardson, TX 75083 Attn: Bobby Kinser 972-744-4470
3. Town of Addison -Parks Dept.
16801 Westgrove
Addison, Texas 75001 Attn: Ron Lee 972-672-4470
I certify that our firm meets the minimum qualifications as stated in this Main document, Section
3.
LONGHORN INC 05/24/2017
Signature Company Date
RFP# 6365 Longhorn Inc. 28
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXHIBIT E
SUBMISSION EXCEPTIONS/CLARIFICATIONS
Any exceptions or clarifications taken to this solicitation (including terms and conditions in
Exhibit 2, the General Provisions and Terms and Conditions) must be itemized on the lines
below. Additional pages may be added as needed. If there are no exceptions or clarifications,
please sign where indicated at the bottom of the page.
Item # Description
NONE
The above exceptions and clarifications (and any additional pages identified) are the ONIN
exceptions/clarifications to the specifications, General Provisions and Terms and Conditions in
Exhibit 2, and sample contract to this solicitation. I understand that the City may not accept
additional exceptions produced after final submission of this proposal.
Signature
I..ONGHORN INC' 5/23/17
Company Date
No Exceptions are taken to this solicitation or the General Provisions and
Terms and Conditions in Exhibit 2.
__,J,ON0I40RN INC
5/23/17,_
Signature Company Date
RFP# 6365 Longhorn Inc. 29
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXHIBIT E
Please list three (3) Government references, other than the City of Denton, who can verify the quality of service
your company provides. The City prefers customers of similar size and scope of work to this solicitation.
REPLRENCL ONE
GOVERNMENT/COMPANY NAME: LEWISVILLE IND. SCHOOL DISTRICT
LOCATION: P.O. Box 217 LEWISVILLE, TEXAS 75067
CONTACT PERSON AND TITLE.- Jack
1Vilsctn
TELEPHONE NUMBER: 469-948-7836
SCOPE OF WORK: MATERIALS FOR IRRIGATION, PARTS, SPRINKLER PARTS
CONTRACT PERIOD: THROUGH 2017
REFERENCE TWO
GOVERNMENT/COMPANY NAME: City of Richardson.
LOCATION: P.O. Box 830309 Richardson, TX 75083 .
CONTACI' PERsbN AND TITLE: Bobby Kinsor
TELEPHONE, NUMBER: 972-744-4470
SCOPE OF WORK: MATERIALS FOR IRRIGAION, SPRINKLER PARTS, PVC PIPF,_ .. ..__
CONTRACT PERIOD: THROUGH 2017
REFERENCE TIIREE
GOVERNMENT/COMPANY NAME: Town of Addison -Parks Dept.
LOCATION: 16801 'Westgrove Addison, Texas 7500 i _ _ _ _ ,...... ..... _.
CONTACT PERSON AND TITLE: k6n
TELEPHONE NUMBER: 972-672-4470
SCOPE OF WORK: MATERIALS FOR IRRIGATION, PVC PIPE, SPRINKLER PARTS _
CONTRACT PERIOD: THROUGH SPRING 2018
RFP# 6365 Longhorn Inc. 30
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-BE93FE20717F
EXHIBIT E
-ACKNOWLEDGEMENT
The undersigned agrees this submission becomes the property of the City of Denton after the official opening.
The undersigned affirms be has familiarized himself with the specification, drawings, exhibits and other documents; the
local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and
storage of materials and equipment; and all other matters that will be required for the work before submitting a response.
The undersigned agrees, if this submission is accepted, to furnish any and at] items/services upon which prices are offered,
at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this
submission will be 120 calendar days unless a different period is noted.
The undersigned affirms that they are duly authorized to execute this contract, (hat this submission has not been prepared
in collusion with any other respondent, nor any employee of the City of'Denton, and that the contents of this submission
have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of
this submission.
Respondent hereby assigns to the City any and all claints for ovcrcl€arges associated with this contract which arise tinder
the antitrust laws of the United States, 15 USCA Section I et seg., and which arise under the antitrust laws of the State of
Texas, "Tex. Bus. & Com. Code, Section 15.01, at seal.
The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained
in this solicitation package.
The undersigned agrees that the snlicitntion package posted on the website are the official specifications and shall not after
the electronic copy of the specifications and/or pricing; sheet (Exhibit 1), without clearly identifying changes.
'The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at:
l ;IrsYww�ij c�l`cJ�11�q ,T.unrlili.tf�x, r�;px't1r,} ;ss}ry.to ensure they have downloaded and signed all addendum(s) required
for submission with their response.
I certify that 1 have made no willful misrepresentations in this submission, nor have I withheld information in my statements
and answers to questions. I am aware that the information given by me in this submission will be investigated, with my
full permission, and that any misrepresentations or omissions may cause my subrnission to be rejected.
Acknowledge receipt of following addenda to the solicitation:
Addendum No I Dated _ _ Received
Addendum No 2 Dated Received
Addendum No 3 Dated Received
NAME AND ADDRESS OIC COMPANY. AUTHORiZED REPRESENTATIVE,,
__LONGHORN INC.---_ Signature MIKE BROOKS
—1220 SHADY OAKS Date 05/24/2.017
DIENTON, TEXAS 76205 -.Name--,- MIKE BROOKS
"title SALES
Tel. No. 940-381-5063 or CELL 214-882-8744 Fax No. 940-
331-2704
Email, inbrooks(r.)longhorninc.com
RFP# 6365 Longhorn Inc. 31
DocuSign Envelope ID: 6559A49F-A91 C-4A19-A208-8E93FE20717F
EXI-I [BI:"I' I+,
RFP 6365 - Pricing Sheet for SUPPLY OF IRRIGATION PARTS
Exhibit 1 BEST AND FINAL OFFER - BAFO
Respondent:sBusnessNalr!e: LONGHORN
Yiln(Inal I'Il::C UI bl:silt^:.l It llj'lfMtl
6(atel DENTON, TX
ih.!rr;iia•:t1,rH>!1.!;i.�;n.:lrr<f%:,,•iu:!J'r�nc sr,f'"n. o....l „,,:c rly cur�<f
-,w6 to 111^Pf r';r"1:!ia!;,.!1:"fnn!!'Jt Jr lllyil "Jr In::Lr [!:uny`,l la I!1'!forma;
Product Propa"I Prichig (PRIDIN0 SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B (W.' I INAT IOiY):
Item #
�l.
,L' WAL
1,
,
UOM
Product Description -T
L
Description 2
Unit Price
Exlerlded Price
Nr[lmlr e[1
DCn4erYARG
]uus MnysDryr]
SECTION A .0lass 200 PYC 111 pe
----475.00
..------
Al 5,000
ft 1/2" X 20'
S 0.10
5
--
A2 :1000
ft 3/4" x 20'
S o'll
y 570.00
A3 5,000
ft 1" x 2.0'
S 0.15 11,
750.O0
--
A4 11,00()
ft 1 1/4" x 20'
$ 0.211
$ 1,150.00
A5 5,000
f( 1 "/2': x 20'
$ 031
5 1.550.00
A6 5,000
it 2" x 20'
$ 0.45
S2.4.St).E10
A7 5,(100
IL 2 1/2' x 20'
$ 0.72
a,wxwo
A8 3,000
ft 3" x 20
$ 1.05
S 3.180,00
AS 2,000
ft 4" K 20'
$ 1 12
$ 3,440.0)
AID 1,000
•!t 6" x 20'
$ 4.43a
NO RID
5 4,080.00
All 1,000
_
R 8" x 20'
SECTION B-80tndule 40 PVC Pipe =f
111
S,00u It
1/2" x 20'
3/4" x 20'
$ 0 15
7SO.G°0
I3,'..
5,000 It
$ 0 2..
$ 1,00U.Do
R3
5,000 1L
1" x 20'
r (l;31
S 1,550.00
114
5,000 fL
1 114" x 20'
$ 0_4,`:.
2,050.00
0i:
5,000 ft
11/2,:)( 2.0'
$ 0.49
$ 2,400,00
116
5,000 ft2"
_
h 201
$ 0.64
< 3 200.00
47.
5,000 ft
2 112" x 20'
$ 1.05
r 5,250,00
B8
3,000 ft
3" x 201
$ 1,25
$ 9,750.no
R9
21000 f(
4" x 20'
S 1,80
S 31600.00
�R
Ill()
11000 ft
6'x20'
S 3,29
$ 3,29000
B11
1,000 ft
8" x 20'
$ 5.U6
$ 5,060.00
--
Waffim
G -PYO Fluings
--
C1
100
ea
1/2" Coupling
5 0.1£1
$ 10.00
CZ
200
ht;
3/4" Coupling
$ 0-15
S 3D.00
C3
200
_
ca
1" couplirl
_
0.26
$ 52.00
_ -
C4
00
Ce
11/4' Coupling
$ 0.37
1; 37.'00
05
, 00
ea
1 1/2" Coupling
$ 0 39
$ 39.00
CC,
200
c
2" Coupling
$ 0.60
5 7?().00
C7
SO
en
2 1/2" Caupllllg
5 1.13
5 oG.Sfi
C8
5;)
ea
- - - 3" couplinE
_
$ 2.09
$ ],04,5p
C 4
25
en
4" Coupling
$ 3 03
$ 75.7','
::J 0
100
e+
112"T4'e
$ 0.20
2(1.00
Cl1
200
ec
3/4° 1ec
$ 024
12,
7,-
:J 2
700
r,
�.
1"Tee
S 045
90-00
13
100
1 1/4' Tee
$ 0.70.1
L 70.00
c'14
100
ea
11 /2"Tee
0.85
$ 85.00
6:15
200
(ia
2 V2" Ttte
Cl 6
50
;'a
$ 4.13
S 20650
C7 7
X17
61
3" Te,-
$ 5 41
5 2Y0.50
Cl N
_
50
ea
4" Tee
_ _
9.81
49000
C19
10.0
ea
1/2" Elbow 90
0.16
e, 76.00
C20
200
3/4" Elbow 9G
0, 1(;
S 38.00
C21
2.00
1" Elbow go
5 0.34
$ 68A0
100
e.a
_
_ 1114' Elbow 9_0
S U Ga
$ 6000
C2.',
100
CIT
_
1 1/2" Elbow 90�
$ 0.64
<, 64.00
C2-1
C25
2x10 W,
--1 771-
2"Libow90
.$ 3.17.1
$ 202.00
2 1/2" Elbow 90
S 3 09
;; 154.50
RFP# 6365 Longhorn Inc. 32
Doel Envelope ID: 6559A49F-A91C-4AI9-A208-8E93FE20717F
EX1-11B1'1'E
RFP 6365 - Pricing Sheet for SUPPLY OF IRRIGATION PARTS
Fxhibit I BESTAND FINAL OFFER - BAFO
Respot:derl.t'.S0us',.)C.ssNa,iii?: LONGHORN
I'my -rpt
wt'j DENTON, TX
:1 0 f '.4" 10.,j r li�:' w .1 q I 1� --A I., I?:,. ".., -fic � I-:; ftic , -e r�t tv , th "fe, f'�( - k' r.: ;his jkv
Pill Pralios.if Pril (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B DESTINATION):
EST.
Item ir A4k1QAL
qry
C26 50
UOM
ea
Product Description
Description 2
Unit Price
3.69
Extended Price
184.50
E9111".11ed
001,erVAKID
IF, 0'1',V.S5 o1yt)
3" Elbow go
is 54
ca
4" Elbow 90
('60
330.00
(7 2 6 150
a
1/2" E:bow45
S 0,27
S 4650
Lc 2 9 150
ea
3/4" Elbow 45
")43
l
C,30 200
(:d
I" Elbow 45
0.52
5 104 l
C31 100
ea
11/4' Elbow 45
5 032.
C.32 100
ca
1 1/2" F I bow 45
091
91.00
C33 2DU
2" Elbow A5
1_18
5 236.00
C311 ;0
0a
2 112" Eibow 4S
3109
S l5i.50
l So
ca
3" Elbow 45
5 4.79
5 239-50
C36 `a
ea
4" Elbow 45
l
430.00
C37 200
a
1" Male Adapter
l
W
60.•10
3B
- Wo
ea
1112" Male. Adapter
0.49
S 49.00
C39 200
2"MaIeAdapter
0,65
5 11000
SE N D -Slip Fixes
D! 200
1/2"
5 1-71,
S 354.00
L";'. 200
3/4':
2.01
402,00
D3 200
F)4 2.00
11/4"
2,44
5 3,74
y 488.00
743.00
G5 200
eet
11/2''
5.49.
$ 1'09pwo
D6
7.61
2..301.;70
1`�
: I I =!;o
112"
5 1l,
1.645'w
106
ra
3. -1
85
S 1,48,1.00
SECTION E - 8wIng JQJI tlg
El
x100
ea KBI 1/2" X 121h,ead XThread
S 9.61
i 961.00
e;) KB 13/4 " X 12 Threa d X r h re ad
5 12.05
51 3'012_50
Ll
250
KBI V: X 12 Thread X Thresid
1S 00
5 317511.00
E4
150
K31 11/2" X 12 Thread X Thread
S 20-98
5 3,147.00
U.
500
ea KPI 3/4" X 12 Slip X Thread
S 17,05
60W
E6
5110
a KBI 1" X !2 Slip X Thread
18195
$ 9,475.00
E7
100
j
ea KBI 1 112" X 12 Slip X Thread
11/2" x 12" NPTx Acne l'hread Rainbird S.' 12 ISO 13
$ 22.76
2,276,00
EH
25Ralribird
$ 22.05
5 Y; 1.25
SECTtQN
F:--Ciobra Hl
50
0 A 1/2:. X 12
0.95
S 47.50
510
1
Uj 3/4" X 12
Cf, -,1275 2
0S
5 52'50
F3
.`i0
rb 1/2" X 18
CC1800
S 1 75
5 l S.C.
3
pploy
;11 500 IJ2" x 6"
So
5 2510100
.... . .....
G7 s 0 o ea 3/4" x 6" Casco M481-007
G3 500 3/4" x 1/2" r. 6" LascoM481-101
0.32
$ 'l
SECTION H - Schedule N
J1 ilplot;
111
"0 100
rn 1/_2" x 61
•
x'2'
5 0.42
S A?_W
100ea112'$
0,74
S 74.00
,13
100
U1 1/2" x 18"
0 9U
5 90.00
114
1I, O
1/2t'x 24"
136
MIMI
HS
100
"a 3/4" x 6"
ea 3/4" x 12"
0,50
S0.00
ill C,
S M
90_00
117
'0 Ll
X rj"
0,70
5 70 00-
Ha
00
c,
$ 175.00
SECTIOMI.-Pbj)mup$[`7 Head
10r)
Cl TT
RFP# 6365 Longhorn Inc. 33
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXIT 113111' 1"
RFP 6365 - Pricing Sheet for SUPPLY OF IRRIGATION PARTS
Exhibit 1 BEST AND HNALOFFER - BAFO
LONGHORN
DENTON, TX
14", I ""jPg ,, "? > " J ;. r, ;,;;:, I; I, ", (j), " I I P0W!' r0 r1 -•n•.:. f"!:1 nn' f 717,1 "'x !,., , ".48 !;,' v:, ( , I:: 0,11 1,o„ n r
Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.Ei DESTINATION).
I(Or. A
ANNUM
QTt
u0m
Product Description
Description 2
Unit Price
Extended Price
MAN M� ARD
Weatherma0c LX -4
IL I
14
so
LX -12
5 5 2S
3,9 T SG
Rainbird L" PRS
18044>W
$ '4
S 2,3SS,00
Rainbird 9" P115
J806-r^RS
7,32
5;430,0X)
C�39 7.SO
Rainbird 16" PRS
1817 -PRS
53
SECT
N i - P"S
Nuzzles
.
11
—1-, 0
LX Fliwic MPR M I I fi
5 am.
1 1.-
5 600. -
e
1
.1 '000
1 X Bms; calf 5';15:1
S 2.90
2.800.00
LX Brass Full 551_•0
5 4!o
S 4,400,00
34
I'000
fall
Rainbird HIWAN HF -VAN
5 O.Go
50000
15
V.-
rt.
Rainbird R-VAML R-VAN14
4 3,113
5 1,915.100
36
500
04
Rainbird R-VAN18 R. VAN1 8
3,83
r, '10
37
1-570
=11'
Roinbiid R-VAN1724 R.VAN'1724
3.A?
z 1,9.1
SECTION K - Rotor Heads
KI
500
Wcothermatic T3
wewdlef maticl 3
11 8.25
4,125M
K.,
500
ea
UJ e,) t h c, r r i, a t i c T3 S
Weathormol i,. -. 15
14061D
2.:3
SOC. 'C C.
el,%
Weath,?rmatic CT70
Weathumatic CT70
5 18,00
9,000.009,000.00K4
3,750,00
50000
Rainbird 3504
Rainbird 3504 PC
K',
500
ra
Rainbird 51004 Plus PRS
Rainbird "D04.,PCR
$ 8. 91>
5 4'4-/S'C)0
Kr
500
e2
Rainbird 1`20cor, (0100404
Ramblyd i:4.PC
22 74
11. 70. OU
2-5
Rainbird Ealm, 950
A15.00
15 4,675 UO
SEGTION L - QuIck
Co ling Valw ij
1 Rainbird
13 [M7
5 ?qjr,
1144111 75
0,
1 20
a_I Rainbird •1.4 -RC
Rainbird 44.R',
5 54401
1 1,03Ei 00
SECTION M - Remote Control ValVes
m j 75
Weathermatir. I" Black Pullet
SP -DW -10
4230
2,172 SO
75
ca Wea'nermadc 1 1/21' Black Rullet
up" 111W_A5
56,01
> 4,700.00
M2 100
ea '414eakhermatfc 2" Black Bullpt
88 -OW -20
77 So
C 7,'750,0000
1) 1;
ea Rjirbi-d V
100-PEB
S 50.00
/50120
75
.......... . .... . Rainbird 1 1/2"
ftlnbird
V. 7
I" Drip Valve with Strainer
X(1_100_PFB_MN1
116"013
8,700.00
..
SECTION N = Fieriiele CObilrol Valve Ra air Pdrts-
Weatherrnatic Scienrid
S20PSA
S 11 SP)
5 d;300.07
100
Weathpfrriati( V'_Dia g'rraErri Plaslic
45-11ODIMSA
4 30
1,290,00
3()()
oa %V(,.Whrmatic 1 1/2" Dia pbra Znl Plastic
49-110DNISA
5.','1
],GgD.00i
-
N4 -0?
Weatherrm_iLic 2" Dicaphroiim P �Isuc'
50-11 Or):N'Alstl
P. .'l
0 7
2,47.5.00k'6
1,07S.00
P6 j 00
a Weadhefmaiic 2." Di.3.ohtagm Brass
20 303 rvSA
N6 160
oro Solenoid
S.625 00
N7 100
ea Tom I" FliaOrapin
?
72;.X0
N8 I DO
~2110
ea Toro 11/2" Diaphragm
2750
2,750.00
149
CC, Toro 2"Diaphragm
80.018:0
$ 2456
$ 11,900.00
N10 1110
Cl Rambird Sclenoid
'L6,2 2!)
a).qu
3,135.0(1
N11 100
ca Rainbird l " Mar,.hcagm
20814
1, 2750
5 2,750100
N12 150
Rainbird 1 1/2' DiaDiaphragm23648;
"
5 34.00
S 39(1
< 5,"00,00
N 13 2.00
Rainbird 2"
`• 7'mm)o
SEC.. :p,_ IMP
Llne26d miGgs
2
Rainbird 100 Poll 9 Drip If ub',np XFS 0972 1 GO.22.50
562.50
Rainhiru 'I' Roll -9 Drip Tubme, FS 09 12 Or)
X
-nrip I iblnj�
Roinbim 1001 Rod .6 �FS_ 1)6- 12 1 elf"
L
171.0
_0
S 2 2 '1
1,2-1. OC
RFP# 6365 Longhorn Inc. 34
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
EXMBIT E
RFP 6365 - Pricing Sheet for SUPPLY OF IRRIGATION PARTS
Exhibit 1 BESTAND FINAL OFFER - BAFO
Respondent's business Nar:!e: LONGHORN
rnnc,pa, r:acc nr ,: �s'd �css July aria
v-) DENTON, TX
13nveslror:du; xfr,;l=,r:•nr;.:. ':!rfo';ow:r;l s.clion, ni;iJ, d.2ca o„rcecr,ac h:No, >prnf,;"r;-, T.v of ,(r,M" ;N11 rr.; omAr r h,vres ,o:h;cJ or-!
Product Prorosat 1`66mi (P•iilMNO SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F,O.B DESTINATION);
f51,
Ilern u ANNUAI
QTY
04 10W
UOM
ca
Product Description
Description 2
Unit Price
Extended Price
S 1,090.00
c:sllmateJ
Delivery ARO
jewlrea Days)
Rainbird 500' Rol! .6 Drin Tubing
XFS-06-3 7-500
S 104 00
OS 750
cz
Rainbird J7mm Dri;p Cot)piinF
XFF-COUP
$ 0.14
S 105.00
06 750
a
Rainbadl7rnlnDrip Tee
VF -1 EE
5 0.19
S 142.-%
07 750
ca
Rainbird 17mm Drip Elbow
XFF-EMOW
a 0.17.
S 17.7,50
OB 500
ea
L Rainbird 17mm Drip Male Adapter
)(FF-MA-OSO
S 0,19
S 95.00
SECTION P = Centrollms altd Accrt3s0r' 0
P1 S
ea
Rainbird Contollel
F.SP4iv1E�
$ 75.00
$ 375.00
P) 15
Rainbird Station Module
FSPSMii
S 4:.9S
S 689.25
P3 S
c.::
K Rain 4 Station: Bluetooth Contrnik r
RL-KR4
$ 119.00
$ 595.017
P4 5
r,,
K Rain 6 Station 6 uetooth Controller
Bi • KR6
$ 140.00
5 700.00
P5
Cc
Irritrol Wireless Ra n/Freeze Sensor
RFS -moo
S 55.00
$ 16.;5
S 275,00
5 83.25
PE
ea
Irritrol Rain Sensor
16 500
SECTrON .a - an W. Prevarltlott Dcvicde
021 5 ea Wilkins 1' PVB Wilkins 720A 1" PVB
5 56,00<.
280.: CO
Q.2 ea Wilkins 11/2" PVB Wilkins 720A 11/2" PVB
$ 243.00
S 1,215,00
0,13 ca Wilkins 2" PV6 Wilkins 720A 2" PVB
S 255.00
5 1,77[,00
Q4 5 ea Wilkirs i" RPZ Wilkins 375x1 1" RPZ
$ }71L00
$ 875.00
015 S w Wilkins 11/2" RPZ Wilkins 375r•I 1 1/2" RPZ
S 350.00
$ 1,75000
Q6 1 5 ria Wilkins 2" RPZ W[lkilis 375x) 2." RPZ
359.00
5 1,795,00
Q; S cr2 Wilkins 3" RPZ Wilkins, 3,5x1 3" RPZ
$ 1,32.5,00
$ 6,625.00
SPEOV IN R- Backflow Cptiar+s and Ins uWan
R7 2. ea 1" Bac.--,Flow Enclosure Lill -7.1'
S 559.00
S 11118.00
R2 ea Z" Back(Inw Enclosure LD2 - 2"
$ 750,00
'$ 11500.00
R3 5 Ca 0ekora Enclosure Smalf Model 301
$ :60.00
$ 800,00
R4 :1 ea Dekorra Enclosure LwZe Model 302
$ ' 90,00
S 950,00
R5 ; [) ea Dekorra !nsulated Pouch Small Mode: 602 -GN
$ 79.00
S 290.01,
R6.ea _ Dekorra Inst lateci Pouch lar,;e PAode. 603 -GN
$ 45.00
$ 450.00
SECTION S - Pla61Ic Valve 8oxvs
51 7.0 ea
NUS 6" Round Box 1078CS
$ 2.00
$ 40,00
S2 ..0 ua
NDS 10" Round Box 11114C
5 6.75
S 135,00
S" 30 r.a
c. 15 as
NDS Rectangular Box 113BC
NDSJumccRectanhularBox 117BC
$ 1<.00
$ 77SO
$ 420.00
5 4:250
SECTION T - Wim and Connectors
T1
100 (;a
2500' Rall of 14ga wire fall <:r,lurs}�
5 16.5.00
5 16,500,00
12
1,000 eta
King Tan 13r r Wire Nuts
$ 0,55
$ 0,47
5 °50.00
5 470.00
r3
1,000 ;r
Kin Blue Small Wire Nut;
SSC7rQN
t1=Glue and Prrtrter-�
U1
] ill) va
Chri<_ty's Red tint 3100 GIUe 32W.
$ 16.45
$ 16.95
S 1,645,00
$ 849.00
112
50 ea
Wold -On 711 Gray Glue 32o:.
- -
U3
100 ea
Weld -On P-68 Pur Ie Primer 32oz
S 10.25
$ 1,025.00
U4
51? ea
Weld -cin •C'icleaner3'oz
S 7.50
.$ 375,00
SECTION
V - Delivery &atvice Cliatos .. 1:.
Vl
Uellvery To Work Site Same Day
S
12
DOfivelVToWolk5lte-NuMDay
Total Cost of Products jAnnuaill
$ 30.3,1339 75
Payment Term Discounts
Papmn:t! term=. +or the riry nl:irntac. orr !vft, I 1 4J days, Pira u, i"diz:., to, :hv a1101im :d d'su;n of e,Io-,u vd ;,, ,•ash,. -1111v m-1Cu !h.l n p,, d WIh1a tu: [Imr
pe: end indualed in!�,:v;,
'NOTE: PLEASE. EMAIL THIS EXH113IT 1 AS AN FXCLL FII_I=: 1'O EBIDS,@CITYOFDF..NTON.COM
RFP# 6365 Longhorn Inc. 35
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXHIBIT F
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 EI.13. 23, 84th Leg., Regular Session.
This questionnaire is being fled 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 govermnenlal 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.
Name of vendor who has a business relationship with local governmental cntily.
2
Check this box if you are filing an update In a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire. with the appropriate filing authority not later than the 7"' business day after the
dits on which atm became aware that the art intil ly ti#ctl qutstionnaiiv was h=m late or ittacrurato..,
3 Name of local government officer about whom the informalion in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, 13, C & D), most be completed for each officer with whom the vendor has an employment or other business
relationship as defined by Sect inn 176.001(1-a), Local Govemmenl Codc. 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 F1 No
13, Is the vendor receiving or likely to receive taxable income, other than investment income, from or al the direction of (be local government officer
named in this section AND the taxable income is nal received from tate local governmental entity?
Yes F-1 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 (tn
officer or director, or holds an ownership of one percent or more?
Yes F-1 No
1). Describe each employment or business and family relationship with the local government officer named in this section.
4I
MIX -
5/23/17
1 bane no Conflict of Interest to disclose.
Signature of vendor doing business with the governmental entity Date
RFP# 6365 Longhorn Inc. 36
Certificate of Completion
Envelope Id: 6559A49FA91C4A19A2088E93FE20717F
Subject: Please DocuSign: City Council Contract 6365
Source Envelope:
Document Pages: 37 Signatures: 4
Supplemental Document Pages: 0 Initials: 0
Certificate Pages: 6
AutoNav: Enabled Payments: 0
Envelopeld Stamping: Enabled
Time Zone: (UTC -08:00) Pacific Time (US &
Canada)
Record Tracking
Status: Original
8/3/2017 3:06:04 PM
Signer Events
Robyn Forsyth
robyn.forsyth@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Docu
KsrCURaa
Status: Completed
Envelope Originator:
Robyn Forsyth
robyn.forsyth@cityofdenton.com
IP Address: 129.120.6.150
.... ,.. W. ....
T::
Holder: Robyn Forsyth Location: DocuSign
robyn.forsyth@cityofdenton.com
Signature TitrieSiimi]
Completed Sent: 8/3/2017 3:11:01 PM
Viewed: 8/3/2017 3:11:15 PM
Using IP Address: 129.120.6.150 Signed: 8/3/2017 3:13:02 PM
Mike Brooks
mbrooks@longhorninc.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 8/4/2017 2:36:19 PM
ID:9619619a-8694-49dd-bbe7-feca66a675bc
Jennifer DeCurtis
jennifer.decurtis@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia Winkley
julia.Wnkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Using IP Address: 107.77.196.34
Signed using mobile
wrsSs�Gseeee.
Using IP Address: 129.120.6.150
Completed
Using IP Address: 129.120.6.150
Sent: 8/3/2017 3:13:03 PM
Viewed: 8/4/2017 2:36:19 PM
Signed: 8/4/2017 2:38:05 PM
Sent: 8/4/2017 2:38:09 PM
Viewed: 8/4/2017 2:58:27 PM
Signed: 8/4/2017 2:58:47 PM
Sent: 8/4/2017 2:58:49 PM
Viewed: 8/16/2017 10:40:15 AM
Signed: 8/16/2017 10:40:31 AM
Signer Events
Signature
Timestamp
Todd Hileman
#r—apmQ"V
�
Sent: 8/16/2017 10:40:38 AM
Todd. Hileman@cityofdenton.corn
i�
Viewed: 8/16/2017 10:41:12 AM
City Manager
''' ' 1D''a�
Signed: 8/16/2017 10:41:20 AM
City of Denton
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Jennifer Walters Sent: 8/16/2017 10:41:22 AM
jennifer.walters@cityofdenton.comt' r Viewed: 8/17/2017 12:54:23 PM
City Secretary Signed: 8/17/2017 1:07:19 PM
City of Denton
Security Level: Email, Account Authentication Using IP Address: 129.120.6.150
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Tirnestamp
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
Sherri Thurman Sent: 8/4/2017 2:38:07 PM
sherri.thurman@cityofdenton.com COPIED Viewed: 8/4/2017 2:43:15 PM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia Winkley Sent: 8/4/2017 2:38:08 PM
julia.winkley@cityofdenton.com �-C..OPIED
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson Sent: 8/16/2017 10:40:35 AM
jane.richardson@cityofdenton.comPIED
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robin Fox rf% PIE D Sent: 8/16/2017 10:40:37 AM
Robin.fox@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
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
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
COPIED
COPIED
Craig Arrington COPIED
craig.arrington@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Emerson Vorel COPIED � PI
emerson.vorel@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 8/17/2017 1:07:21 PM
Sent: 8/17/2017 1:07:22 PM
Sent: 8/17/2017 1:07:23 PM
Sent: 8/17/2017 1:07:25 PM
Viewed: 8/17/2017 1:08:22 PM
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 1:59:03 PM
Parties agreed to: Mike Brooks, Todd Hileman
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DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
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
littp:11www.dol.gay/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.
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 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
RFP# 6365 Longhorn Inc. 23
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
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 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. RFP/Bid documents
3. City's standard terms and conditions
4. Purchase order
5. Supplier terms and conditions
RFP# 6365 Longhorn Inc. 24
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXHIBIT D
CERTIFICATE OF INTERESTED PARTIES FORM 1295
. loft
Complete Nos. i - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2017-233751
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Longhorn Inc
Denton, TX United States
Date Filed:
07/10/2017
? Ns -Meal govemmenial Cntity er StAIC agency ttl.It I] a tl8rty tti tliR Coritiaral ar wtilclr the form 910
being Wed.
City of Denton, Texas
hate Acknowledged:
07/24/2017
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP #6365
Irrigation Supplies
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
ControllingIntermediary
5 Check oniylf lftore Is NO Interested Party. ❑
x
f, AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure Is true and correct.
Signature of ms soil2wl agent of contracting hualness entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20�, in certify which, w"st
PABLO AVILA
My Commission Expires f �'
August 11, 2019 �r'.�> �CS 1 11 . �«, ?C'l y G C 1-d 1D `C
Sd({i7aW►e of n! cttr adrnlydstari s =' p,,��n"�� tcifnp oath Title of officer adrnlnlstering oath
Forrns.pruvided by Texas Ethics Commission
wvvw. a th i cs. state . tx. u s
Version V1.O.RB3
RFP# 6365 Longhorn Inc. 25
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
EXHIBIT E
-BUSINESS OVERVIEW QUESTIONNAIRE AND
FORMS
1. Contract Information (for formal contracting purposes):
The following information will be used to write a contract, should your firm be selected for
award.
is Firm's Legal Name: LONGHORN, 1NC.
■ Address: 1220 SHADY OAKS DENTON, TEXAS 76205
o Agent Authorized to sign contract (Name): MIKE BROOKS
• Agent's email address: Mbrooks@Longhornine.com
Longhornine.com
2. Subsidiary of:
3. Ortani7.titlon Class (circle):
Partnership C'S]ryrcrrtEtit}�E �") Individual Association
-._ ._
4. Tax Payer iD#: 1-74-2214405-9
5. Date Established: 1982
6. Historically Underutilized Business: Yes or No
NO
7. Does your company have an established physical presence in the State of Texas, or the City of
Denton? Yes or No, in which?
Yes, 16 stores around state of Texas, Have a branch in Denton, "Texas since 1996. We have
5 employees that live in City of Denton, or Denton prox.
8. Please provide a dctai led listing of all products and/or services that your company provides.
Irrigation supply house selling all brands of irrigation parts, pvc pipe, drainage products,
Mulch ; edging and other products for installation and repair of sprinkler systems.
9. Has your company filed or been named in any litigation involving your company and the Owner
on a contract within the last five years under your current company name or any other company
name? If so provide details of the issues and resolution if available. Include lawsuits where Owner
RFP# 6365 Longhorn Inc. 26
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
EXHIBIT E
was involved. (Notice: Failure to disclose this information during proposal submission, and later
discovered, may result in contract termination at the Owner's option.)
NO
10. Have you ever defaulted on or failed to complete a contract under your current company name
or any other company name? If so, where and why? Give name and telephone number of
Owner.
NO, OWNER: LEI: EVANS, # 972-406-0222
11. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and
telephone number (s) of Owner (s).
12. Has your company implemented an Employee Health and Safety Program compliant with 29
CFR 1910 "General Industry Standards" and/or 29 CPR 1926 "General Consgtuction Standards"
as they apply to your Company's customary activities? YES
atilt :Ilkrtt�t�r.usiin. �c�.v1 l:;los1111M .MINVAs mdl.senrch dere tylle=S ANDJkR1]S&,��s,;�
toc icvcl- kj vyVu111k -1 i5
13. Resi d etit/Non -Resident Bidder Determination:
Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities
and other govemmental units from awarding contracts to a non-resident firm unless the amount
of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident
would be required to underbid in the non-resident bidders' state. In order to make this
determination, please provide the name, address and phone number of.
a. Responding firms principle place of business:
LONGHORN, INC
2640 TARNA DRIVE
DALLAS, TEXAS 75229
972-406-0222
b. Company's majority owner principle place of business:
SAME
C, Ultimate Parent Company's principle place of business:
SAME
RFP# 6365 Longhorn Inc. 27
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
EXHIBIT E
14. _Provide details to stIVIt+rt (lic e%!allj,+iion cuter i L ink haoiva extiv- eave ;unci delivea.
Longhorn Inc., Denton location has two licensed irrigators on staff on a local level to
help with questions or inventory issues that may come up. Longhorn, Denton store also provides
free delivery on a daily basis to help the City of Denton, Parks and Rec. on local projects that
need to be addressed. Longhorn Denton has maintained a good working relationships with many
of the City of Denton departments, is water dept., street dept.
MUE and many others...
15. Provide details on holy firm Inerts the min inn1€oil uuitIifivntla"M Mated 111 (Ills N1 Rin
doer mucltt Section S.
a. The details must be completed on this form, and shall not point to another document in
the respondent's proposal.
b. Sign below and return form with final submission.
Longhorn Inc, is a member of State Of Texas BUY BOARD # 447-14 exp
Longhorn Denton has been in this Location since 1996, well over 10 years.
Three governmental entities:
1. Lewisville Ind. School District
P. O. Box 217
Lewisville, Texas 75067 Attn: Jack Wilson 469-948-7836
2. City of Richardson
P.O. Box 830309
Richardson, TX 75083 Attn: Bobby Kinser 972-744-4470
3. Town of Addison -Parks Dept.
16801 Westgrove
Addison, Texas 75001 Attn: Ron Lee 972-672-4470
I certify that our firm meets the minimum qualifications as stated in this Main document, Section
3.
LONGHORN INC 05/24/2017
Signature Company Date
RFP# 6365 Longhorn Inc. 28
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXHIBIT E
SUBMISSION EXCEPTIONS/CLARIFICATIONS
Any exceptions or clarifications taken to this solicitation (including terms and conditions in
Exhibit 2, the General Provisions and Terms and Conditions) must be itemized on the lines
below. Additional pages may be added as needed. If there are no exceptions or clarifications,
please sign where indicated at the bottom of the page.
Item # Description
NONE
The above exceptions and clarifications (and any additional pages identified) are the ONIN
exceptions/clarifications to the specifications, General Provisions and Terms and Conditions in
Exhibit 2, and sample contract to this solicitation. I understand that the City may not accept
additional exceptions produced after final submission of this proposal.
Signature
I..ONGHORN INC' 5/23/17
Company Date
No Exceptions are taken to this solicitation or the General Provisions and
Terms and Conditions in Exhibit 2.
__,J,ON0I40RN INC
5/23/17,_
Signature Company Date
RFP# 6365 Longhorn Inc. 29
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXHIBIT E
Please list three (3) Government references, other than the City of Denton, who can verify the quality of service
your company provides. The City prefers customers of similar size and scope of work to this solicitation.
REPLRENCL ONE
GOVERNMENT/COMPANY NAME: LEWISVILLE IND. SCHOOL DISTRICT
LOCATION: P.O. Box 217 LEWISVILLE, TEXAS 75067
CONTACT PERSON AND TITLE.- Jack
1Vilsctn
TELEPHONE NUMBER: 469-948-7836
SCOPE OF WORK: MATERIALS FOR IRRIGATION, PARTS, SPRINKLER PARTS
CONTRACT PERIOD: THROUGH 2017
REFERENCE TWO
GOVERNMENT/COMPANY NAME: City of Richardson.
LOCATION: P.O. Box 830309 Richardson, TX 75083 .
CONTACI' PERsbN AND TITLE: Bobby Kinsor
TELEPHONE, NUMBER: 972-744-4470
SCOPE OF WORK: MATERIALS FOR IRRIGAION, SPRINKLER PARTS, PVC PIPF,_ .. ..__
CONTRACT PERIOD: THROUGH 2017
REFERENCE TIIREE
GOVERNMENT/COMPANY NAME: Town of Addison -Parks Dept.
LOCATION: 16801 'Westgrove Addison, Texas 7500 i _ _ _ _ ,...... ..... _.
CONTACT PERSON AND TITLE: k6n
TELEPHONE NUMBER: 972-672-4470
SCOPE OF WORK: MATERIALS FOR IRRIGATION, PVC PIPE, SPRINKLER PARTS _
CONTRACT PERIOD: THROUGH SPRING 2018
RFP# 6365 Longhorn Inc. 30
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-BE93FE20717F
EXHIBIT E
-ACKNOWLEDGEMENT
The undersigned agrees this submission becomes the property of the City of Denton after the official opening.
The undersigned affirms be has familiarized himself with the specification, drawings, exhibits and other documents; the
local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and
storage of materials and equipment; and all other matters that will be required for the work before submitting a response.
The undersigned agrees, if this submission is accepted, to furnish any and at] items/services upon which prices are offered,
at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this
submission will be 120 calendar days unless a different period is noted.
The undersigned affirms that they are duly authorized to execute this contract, (hat this submission has not been prepared
in collusion with any other respondent, nor any employee of the City of'Denton, and that the contents of this submission
have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of
this submission.
Respondent hereby assigns to the City any and all claints for ovcrcl€arges associated with this contract which arise tinder
the antitrust laws of the United States, 15 USCA Section I et seg., and which arise under the antitrust laws of the State of
Texas, "Tex. Bus. & Com. Code, Section 15.01, at seal.
The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained
in this solicitation package.
The undersigned agrees that the snlicitntion package posted on the website are the official specifications and shall not after
the electronic copy of the specifications and/or pricing; sheet (Exhibit 1), without clearly identifying changes.
'The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at:
l ;IrsYww�ij c�l`cJ�11�q ,T.unrlili.tf�x, r�;px't1r,} ;ss}ry.to ensure they have downloaded and signed all addendum(s) required
for submission with their response.
I certify that 1 have made no willful misrepresentations in this submission, nor have I withheld information in my statements
and answers to questions. I am aware that the information given by me in this submission will be investigated, with my
full permission, and that any misrepresentations or omissions may cause my subrnission to be rejected.
Acknowledge receipt of following addenda to the solicitation:
Addendum No I Dated _ _ Received
Addendum No 2 Dated Received
Addendum No 3 Dated Received
NAME AND ADDRESS OIC COMPANY. AUTHORiZED REPRESENTATIVE,,
__LONGHORN INC.---_ Signature MIKE BROOKS
—1220 SHADY OAKS Date 05/24/2.017
DIENTON, TEXAS 76205 -.Name--,- MIKE BROOKS
"title SALES
Tel. No. 940-381-5063 or CELL 214-882-8744 Fax No. 940-
331-2704
Email, inbrooks(r.)longhorninc.com
RFP# 6365 Longhorn Inc. 31
DocuSign Envelope ID: 6559A49F-A91 C-4A19-A208-8E93FE20717F
EXI-I [BI:"I' I+,
RFP 6365 - Pricing Sheet for SUPPLY OF IRRIGATION PARTS
Exhibit 1 BEST AND FINAL OFFER - BAFO
Respondent:sBusnessNalr!e: LONGHORN
Yiln(Inal I'Il::C UI bl:silt^:.l It llj'lfMtl
6(atel DENTON, TX
ih.!rr;iia•:t1,rH>!1.!;i.�;n.:lrr<f%:,,•iu:!J'r�nc sr,f'"n. o....l „,,:c rly cur�<f
-,w6 to 111^Pf r';r"1:!ia!;,.!1:"fnn!!'Jt Jr lllyil "Jr In::Lr [!:uny`,l la I!1'!forma;
Product Propa"I Prichig (PRIDIN0 SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B (W.' I INAT IOiY):
Item #
�l.
,L' WAL
1,
,
UOM
Product Description -T
L
Description 2
Unit Price
Exlerlded Price
Nr[lmlr e[1
DCn4erYARG
]uus MnysDryr]
SECTION A .0lass 200 PYC 111 pe
----475.00
..------
Al 5,000
ft 1/2" X 20'
S 0.10
5
--
A2 :1000
ft 3/4" x 20'
S o'll
y 570.00
A3 5,000
ft 1" x 2.0'
S 0.15 11,
750.O0
--
A4 11,00()
ft 1 1/4" x 20'
$ 0.211
$ 1,150.00
A5 5,000
f( 1 "/2': x 20'
$ 031
5 1.550.00
A6 5,000
it 2" x 20'
$ 0.45
S2.4.St).E10
A7 5,(100
IL 2 1/2' x 20'
$ 0.72
a,wxwo
A8 3,000
ft 3" x 20
$ 1.05
S 3.180,00
AS 2,000
ft 4" K 20'
$ 1 12
$ 3,440.0)
AID 1,000
•!t 6" x 20'
$ 4.43a
NO RID
5 4,080.00
All 1,000
_
R 8" x 20'
SECTION B-80tndule 40 PVC Pipe =f
111
S,00u It
1/2" x 20'
3/4" x 20'
$ 0 15
7SO.G°0
I3,'..
5,000 It
$ 0 2..
$ 1,00U.Do
R3
5,000 1L
1" x 20'
r (l;31
S 1,550.00
114
5,000 fL
1 114" x 20'
$ 0_4,`:.
2,050.00
0i:
5,000 ft
11/2,:)( 2.0'
$ 0.49
$ 2,400,00
116
5,000 ft2"
_
h 201
$ 0.64
< 3 200.00
47.
5,000 ft
2 112" x 20'
$ 1.05
r 5,250,00
B8
3,000 ft
3" x 201
$ 1,25
$ 9,750.no
R9
21000 f(
4" x 20'
S 1,80
S 31600.00
�R
Ill()
11000 ft
6'x20'
S 3,29
$ 3,29000
B11
1,000 ft
8" x 20'
$ 5.U6
$ 5,060.00
--
Waffim
G -PYO Fluings
--
C1
100
ea
1/2" Coupling
5 0.1£1
$ 10.00
CZ
200
ht;
3/4" Coupling
$ 0-15
S 3D.00
C3
200
_
ca
1" couplirl
_
0.26
$ 52.00
_ -
C4
00
Ce
11/4' Coupling
$ 0.37
1; 37.'00
05
, 00
ea
1 1/2" Coupling
$ 0 39
$ 39.00
CC,
200
c
2" Coupling
$ 0.60
5 7?().00
C7
SO
en
2 1/2" Caupllllg
5 1.13
5 oG.Sfi
C8
5;)
ea
- - - 3" couplinE
_
$ 2.09
$ ],04,5p
C 4
25
en
4" Coupling
$ 3 03
$ 75.7','
::J 0
100
e+
112"T4'e
$ 0.20
2(1.00
Cl1
200
ec
3/4° 1ec
$ 024
12,
7,-
:J 2
700
r,
�.
1"Tee
S 045
90-00
13
100
1 1/4' Tee
$ 0.70.1
L 70.00
c'14
100
ea
11 /2"Tee
0.85
$ 85.00
6:15
200
(ia
2 V2" Ttte
Cl 6
50
;'a
$ 4.13
S 20650
C7 7
X17
61
3" Te,-
$ 5 41
5 2Y0.50
Cl N
_
50
ea
4" Tee
_ _
9.81
49000
C19
10.0
ea
1/2" Elbow 90
0.16
e, 76.00
C20
200
3/4" Elbow 9G
0, 1(;
S 38.00
C21
2.00
1" Elbow go
5 0.34
$ 68A0
100
e.a
_
_ 1114' Elbow 9_0
S U Ga
$ 6000
C2.',
100
CIT
_
1 1/2" Elbow 90�
$ 0.64
<, 64.00
C2-1
C25
2x10 W,
--1 771-
2"Libow90
.$ 3.17.1
$ 202.00
2 1/2" Elbow 90
S 3 09
;; 154.50
RFP# 6365 Longhorn Inc. 32
Doel Envelope ID: 6559A49F-A91C-4AI9-A208-8E93FE20717F
EX1-11B1'1'E
RFP 6365 - Pricing Sheet for SUPPLY OF IRRIGATION PARTS
Fxhibit I BESTAND FINAL OFFER - BAFO
Respot:derl.t'.S0us',.)C.ssNa,iii?: LONGHORN
I'my -rpt
wt'j DENTON, TX
:1 0 f '.4" 10.,j r li�:' w .1 q I 1� --A I., I?:,. ".., -fic � I-:; ftic , -e r�t tv , th "fe, f'�( - k' r.: ;his jkv
Pill Pralios.if Pril (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B DESTINATION):
EST.
Item ir A4k1QAL
qry
C26 50
UOM
ea
Product Description
Description 2
Unit Price
3.69
Extended Price
184.50
E9111".11ed
001,erVAKID
IF, 0'1',V.S5 o1yt)
3" Elbow go
is 54
ca
4" Elbow 90
('60
330.00
(7 2 6 150
a
1/2" E:bow45
S 0,27
S 4650
Lc 2 9 150
ea
3/4" Elbow 45
")43
l
C,30 200
(:d
I" Elbow 45
0.52
5 104 l
C31 100
ea
11/4' Elbow 45
5 032.
C.32 100
ca
1 1/2" F I bow 45
091
91.00
C33 2DU
2" Elbow A5
1_18
5 236.00
C311 ;0
0a
2 112" Eibow 4S
3109
S l5i.50
l So
ca
3" Elbow 45
5 4.79
5 239-50
C36 `a
ea
4" Elbow 45
l
430.00
C37 200
a
1" Male Adapter
l
W
60.•10
3B
- Wo
ea
1112" Male. Adapter
0.49
S 49.00
C39 200
2"MaIeAdapter
0,65
5 11000
SE N D -Slip Fixes
D! 200
1/2"
5 1-71,
S 354.00
L";'. 200
3/4':
2.01
402,00
D3 200
F)4 2.00
11/4"
2,44
5 3,74
y 488.00
743.00
G5 200
eet
11/2''
5.49.
$ 1'09pwo
D6
7.61
2..301.;70
1`�
: I I =!;o
112"
5 1l,
1.645'w
106
ra
3. -1
85
S 1,48,1.00
SECTION E - 8wIng JQJI tlg
El
x100
ea KBI 1/2" X 121h,ead XThread
S 9.61
i 961.00
e;) KB 13/4 " X 12 Threa d X r h re ad
5 12.05
51 3'012_50
Ll
250
KBI V: X 12 Thread X Thresid
1S 00
5 317511.00
E4
150
K31 11/2" X 12 Thread X Thread
S 20-98
5 3,147.00
U.
500
ea KPI 3/4" X 12 Slip X Thread
S 17,05
60W
E6
5110
a KBI 1" X !2 Slip X Thread
18195
$ 9,475.00
E7
100
j
ea KBI 1 112" X 12 Slip X Thread
11/2" x 12" NPTx Acne l'hread Rainbird S.' 12 ISO 13
$ 22.76
2,276,00
EH
25Ralribird
$ 22.05
5 Y; 1.25
SECTtQN
F:--Ciobra Hl
50
0 A 1/2:. X 12
0.95
S 47.50
510
1
Uj 3/4" X 12
Cf, -,1275 2
0S
5 52'50
F3
.`i0
rb 1/2" X 18
CC1800
S 1 75
5 l S.C.
3
pploy
;11 500 IJ2" x 6"
So
5 2510100
.... . .....
G7 s 0 o ea 3/4" x 6" Casco M481-007
G3 500 3/4" x 1/2" r. 6" LascoM481-101
0.32
$ 'l
SECTION H - Schedule N
J1 ilplot;
111
"0 100
rn 1/_2" x 61
•
x'2'
5 0.42
S A?_W
100ea112'$
0,74
S 74.00
,13
100
U1 1/2" x 18"
0 9U
5 90.00
114
1I, O
1/2t'x 24"
136
MIMI
HS
100
"a 3/4" x 6"
ea 3/4" x 12"
0,50
S0.00
ill C,
S M
90_00
117
'0 Ll
X rj"
0,70
5 70 00-
Ha
00
c,
$ 175.00
SECTIOMI.-Pbj)mup$[`7 Head
10r)
Cl TT
RFP# 6365 Longhorn Inc. 33
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXIT 113111' 1"
RFP 6365 - Pricing Sheet for SUPPLY OF IRRIGATION PARTS
Exhibit 1 BEST AND HNALOFFER - BAFO
LONGHORN
DENTON, TX
14", I ""jPg ,, "? > " J ;. r, ;,;;:, I; I, ", (j), " I I P0W!' r0 r1 -•n•.:. f"!:1 nn' f 717,1 "'x !,., , ".48 !;,' v:, ( , I:: 0,11 1,o„ n r
Product Proposal Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.Ei DESTINATION).
I(Or. A
ANNUM
QTt
u0m
Product Description
Description 2
Unit Price
Extended Price
MAN M� ARD
Weatherma0c LX -4
IL I
14
so
LX -12
5 5 2S
3,9 T SG
Rainbird L" PRS
18044>W
$ '4
S 2,3SS,00
Rainbird 9" P115
J806-r^RS
7,32
5;430,0X)
C�39 7.SO
Rainbird 16" PRS
1817 -PRS
53
SECT
N i - P"S
Nuzzles
.
11
—1-, 0
LX Fliwic MPR M I I fi
5 am.
1 1.-
5 600. -
e
1
.1 '000
1 X Bms; calf 5';15:1
S 2.90
2.800.00
LX Brass Full 551_•0
5 4!o
S 4,400,00
34
I'000
fall
Rainbird HIWAN HF -VAN
5 O.Go
50000
15
V.-
rt.
Rainbird R-VAML R-VAN14
4 3,113
5 1,915.100
36
500
04
Rainbird R-VAN18 R. VAN1 8
3,83
r, '10
37
1-570
=11'
Roinbiid R-VAN1724 R.VAN'1724
3.A?
z 1,9.1
SECTION K - Rotor Heads
KI
500
Wcothermatic T3
wewdlef maticl 3
11 8.25
4,125M
K.,
500
ea
UJ e,) t h c, r r i, a t i c T3 S
Weathormol i,. -. 15
14061D
2.:3
SOC. 'C C.
el,%
Weath,?rmatic CT70
Weathumatic CT70
5 18,00
9,000.009,000.00K4
3,750,00
50000
Rainbird 3504
Rainbird 3504 PC
K',
500
ra
Rainbird 51004 Plus PRS
Rainbird "D04.,PCR
$ 8. 91>
5 4'4-/S'C)0
Kr
500
e2
Rainbird 1`20cor, (0100404
Ramblyd i:4.PC
22 74
11. 70. OU
2-5
Rainbird Ealm, 950
A15.00
15 4,675 UO
SEGTION L - QuIck
Co ling Valw ij
1 Rainbird
13 [M7
5 ?qjr,
1144111 75
0,
1 20
a_I Rainbird •1.4 -RC
Rainbird 44.R',
5 54401
1 1,03Ei 00
SECTION M - Remote Control ValVes
m j 75
Weathermatir. I" Black Pullet
SP -DW -10
4230
2,172 SO
75
ca Wea'nermadc 1 1/21' Black Rullet
up" 111W_A5
56,01
> 4,700.00
M2 100
ea '414eakhermatfc 2" Black Bullpt
88 -OW -20
77 So
C 7,'750,0000
1) 1;
ea Rjirbi-d V
100-PEB
S 50.00
/50120
75
.......... . .... . Rainbird 1 1/2"
ftlnbird
V. 7
I" Drip Valve with Strainer
X(1_100_PFB_MN1
116"013
8,700.00
..
SECTION N = Fieriiele CObilrol Valve Ra air Pdrts-
Weatherrnatic Scienrid
S20PSA
S 11 SP)
5 d;300.07
100
Weathpfrriati( V'_Dia g'rraErri Plaslic
45-11ODIMSA
4 30
1,290,00
3()()
oa %V(,.Whrmatic 1 1/2" Dia pbra Znl Plastic
49-110DNISA
5.','1
],GgD.00i
-
N4 -0?
Weatherrm_iLic 2" Dicaphroiim P �Isuc'
50-11 Or):N'Alstl
P. .'l
0 7
2,47.5.00k'6
1,07S.00
P6 j 00
a Weadhefmaiic 2." Di.3.ohtagm Brass
20 303 rvSA
N6 160
oro Solenoid
S.625 00
N7 100
ea Tom I" FliaOrapin
?
72;.X0
N8 I DO
~2110
ea Toro 11/2" Diaphragm
2750
2,750.00
149
CC, Toro 2"Diaphragm
80.018:0
$ 2456
$ 11,900.00
N10 1110
Cl Rambird Sclenoid
'L6,2 2!)
a).qu
3,135.0(1
N11 100
ca Rainbird l " Mar,.hcagm
20814
1, 2750
5 2,750100
N12 150
Rainbird 1 1/2' DiaDiaphragm23648;
"
5 34.00
S 39(1
< 5,"00,00
N 13 2.00
Rainbird 2"
`• 7'mm)o
SEC.. :p,_ IMP
Llne26d miGgs
2
Rainbird 100 Poll 9 Drip If ub',np XFS 0972 1 GO.22.50
562.50
Rainhiru 'I' Roll -9 Drip Tubme, FS 09 12 Or)
X
-nrip I iblnj�
Roinbim 1001 Rod .6 �FS_ 1)6- 12 1 elf"
L
171.0
_0
S 2 2 '1
1,2-1. OC
RFP# 6365 Longhorn Inc. 34
DocuSign Envelope ID: 6559A49F-A91C-4A19-A208-8E93FE20717F
EXMBIT E
RFP 6365 - Pricing Sheet for SUPPLY OF IRRIGATION PARTS
Exhibit 1 BESTAND FINAL OFFER - BAFO
Respondent's business Nar:!e: LONGHORN
rnnc,pa, r:acc nr ,: �s'd �css July aria
v-) DENTON, TX
13nveslror:du; xfr,;l=,r:•nr;.:. ':!rfo';ow:r;l s.clion, ni;iJ, d.2ca o„rcecr,ac h:No, >prnf,;"r;-, T.v of ,(r,M" ;N11 rr.; omAr r h,vres ,o:h;cJ or-!
Product Prorosat 1`66mi (P•iilMNO SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F,O.B DESTINATION);
f51,
Ilern u ANNUAI
QTY
04 10W
UOM
ca
Product Description
Description 2
Unit Price
Extended Price
S 1,090.00
c:sllmateJ
Delivery ARO
jewlrea Days)
Rainbird 500' Rol! .6 Drin Tubing
XFS-06-3 7-500
S 104 00
OS 750
cz
Rainbird J7mm Dri;p Cot)piinF
XFF-COUP
$ 0.14
S 105.00
06 750
a
Rainbadl7rnlnDrip Tee
VF -1 EE
5 0.19
S 142.-%
07 750
ca
Rainbird 17mm Drip Elbow
XFF-EMOW
a 0.17.
S 17.7,50
OB 500
ea
L Rainbird 17mm Drip Male Adapter
)(FF-MA-OSO
S 0,19
S 95.00
SECTION P = Centrollms altd Accrt3s0r' 0
P1 S
ea
Rainbird Contollel
F.SP4iv1E�
$ 75.00
$ 375.00
P) 15
Rainbird Station Module
FSPSMii
S 4:.9S
S 689.25
P3 S
c.::
K Rain 4 Station: Bluetooth Contrnik r
RL-KR4
$ 119.00
$ 595.017
P4 5
r,,
K Rain 6 Station 6 uetooth Controller
Bi • KR6
$ 140.00
5 700.00
P5
Cc
Irritrol Wireless Ra n/Freeze Sensor
RFS -moo
S 55.00
$ 16.;5
S 275,00
5 83.25
PE
ea
Irritrol Rain Sensor
16 500
SECTrON .a - an W. Prevarltlott Dcvicde
021 5 ea Wilkins 1' PVB Wilkins 720A 1" PVB
5 56,00<.
280.: CO
Q.2 ea Wilkins 11/2" PVB Wilkins 720A 11/2" PVB
$ 243.00
S 1,215,00
0,13 ca Wilkins 2" PV6 Wilkins 720A 2" PVB
S 255.00
5 1,77[,00
Q4 5 ea Wilkirs i" RPZ Wilkins 375x1 1" RPZ
$ }71L00
$ 875.00
015 S w Wilkins 11/2" RPZ Wilkins 375r•I 1 1/2" RPZ
S 350.00
$ 1,75000
Q6 1 5 ria Wilkins 2" RPZ W[lkilis 375x) 2." RPZ
359.00
5 1,795,00
Q; S cr2 Wilkins 3" RPZ Wilkins, 3,5x1 3" RPZ
$ 1,32.5,00
$ 6,625.00
SPEOV IN R- Backflow Cptiar+s and Ins uWan
R7 2. ea 1" Bac.--,Flow Enclosure Lill -7.1'
S 559.00
S 11118.00
R2 ea Z" Back(Inw Enclosure LD2 - 2"
$ 750,00
'$ 11500.00
R3 5 Ca 0ekora Enclosure Smalf Model 301
$ :60.00
$ 800,00
R4 :1 ea Dekorra Enclosure LwZe Model 302
$ ' 90,00
S 950,00
R5 ; [) ea Dekorra !nsulated Pouch Small Mode: 602 -GN
$ 79.00
S 290.01,
R6.ea _ Dekorra Inst lateci Pouch lar,;e PAode. 603 -GN
$ 45.00
$ 450.00
SECTION S - Pla61Ic Valve 8oxvs
51 7.0 ea
NUS 6" Round Box 1078CS
$ 2.00
$ 40,00
S2 ..0 ua
NDS 10" Round Box 11114C
5 6.75
S 135,00
S" 30 r.a
c. 15 as
NDS Rectangular Box 113BC
NDSJumccRectanhularBox 117BC
$ 1<.00
$ 77SO
$ 420.00
5 4:250
SECTION T - Wim and Connectors
T1
100 (;a
2500' Rall of 14ga wire fall <:r,lurs}�
5 16.5.00
5 16,500,00
12
1,000 eta
King Tan 13r r Wire Nuts
$ 0,55
$ 0,47
5 °50.00
5 470.00
r3
1,000 ;r
Kin Blue Small Wire Nut;
SSC7rQN
t1=Glue and Prrtrter-�
U1
] ill) va
Chri<_ty's Red tint 3100 GIUe 32W.
$ 16.45
$ 16.95
S 1,645,00
$ 849.00
112
50 ea
Wold -On 711 Gray Glue 32o:.
- -
U3
100 ea
Weld -On P-68 Pur Ie Primer 32oz
S 10.25
$ 1,025.00
U4
51? ea
Weld -cin •C'icleaner3'oz
S 7.50
.$ 375,00
SECTION
V - Delivery &atvice Cliatos .. 1:.
Vl
Uellvery To Work Site Same Day
S
12
DOfivelVToWolk5lte-NuMDay
Total Cost of Products jAnnuaill
$ 30.3,1339 75
Payment Term Discounts
Papmn:t! term=. +or the riry nl:irntac. orr !vft, I 1 4J days, Pira u, i"diz:., to, :hv a1101im :d d'su;n of e,Io-,u vd ;,, ,•ash,. -1111v m-1Cu !h.l n p,, d WIh1a tu: [Imr
pe: end indualed in!�,:v;,
'NOTE: PLEASE. EMAIL THIS EXH113IT 1 AS AN FXCLL FII_I=: 1'O EBIDS,@CITYOFDF..NTON.COM
RFP# 6365 Longhorn Inc. 35
DocuSign Envelope ID: 6559A49F-A91 C -4A1 9-A208-8E93FE20717F
EXHIBIT F
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 EI.13. 23, 84th Leg., Regular Session.
This questionnaire is being fled 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 govermnenlal 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.
Name of vendor who has a business relationship with local governmental cntily.
2
Check this box if you are filing an update In a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire. with the appropriate filing authority not later than the 7"' business day after the
dits on which atm became aware that the art intil ly ti#ctl qutstionnaiiv was h=m late or ittacrurato..,
3 Name of local government officer about whom the informalion in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, 13, C & D), most be completed for each officer with whom the vendor has an employment or other business
relationship as defined by Sect inn 176.001(1-a), Local Govemmenl Codc. 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 F1 No
13, Is the vendor receiving or likely to receive taxable income, other than investment income, from or al the direction of (be local government officer
named in this section AND the taxable income is nal received from tate local governmental entity?
Yes F-1 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 (tn
officer or director, or holds an ownership of one percent or more?
Yes F-1 No
1). Describe each employment or business and family relationship with the local government officer named in this section.
4I
MIX -
5/23/17
1 bane no Conflict of Interest to disclose.
Signature of vendor doing business with the governmental entity Date
RFP# 6365 Longhorn Inc. 36
Certificate of Completion
Envelope Id: 6559A49FA91C4A19A2088E93FE20717F
Subject: Please DocuSign: City Council Contract 6365
Source Envelope:
Document Pages: 37 Signatures: 4
Supplemental Document Pages: 0 Initials: 0
Certificate Pages: 6
AutoNav: Enabled Payments: 0
Envelopeld Stamping: Enabled
Time Zone: (UTC -08:00) Pacific Time (US &
Canada)
Record Tracking
Status: Original
8/3/2017 3:06:04 PM
Signer Events
Robyn Forsyth
robyn.forsyth@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Docu
KsrCURaa
Status: Completed
Envelope Originator:
Robyn Forsyth
robyn.forsyth@cityofdenton.com
IP Address: 129.120.6.150
.... ,.. W. ....
T::
Holder: Robyn Forsyth Location: DocuSign
robyn.forsyth@cityofdenton.com
Signature TitrieSiimi]
Completed Sent: 8/3/2017 3:11:01 PM
Viewed: 8/3/2017 3:11:15 PM
Using IP Address: 129.120.6.150 Signed: 8/3/2017 3:13:02 PM
Mike Brooks
mbrooks@longhorninc.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 8/4/2017 2:36:19 PM
ID:9619619a-8694-49dd-bbe7-feca66a675bc
Jennifer DeCurtis
jennifer.decurtis@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia Winkley
julia.Wnkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Using IP Address: 107.77.196.34
Signed using mobile
wrsSs�Gseeee.
Using IP Address: 129.120.6.150
Completed
Using IP Address: 129.120.6.150
Sent: 8/3/2017 3:13:03 PM
Viewed: 8/4/2017 2:36:19 PM
Signed: 8/4/2017 2:38:05 PM
Sent: 8/4/2017 2:38:09 PM
Viewed: 8/4/2017 2:58:27 PM
Signed: 8/4/2017 2:58:47 PM
Sent: 8/4/2017 2:58:49 PM
Viewed: 8/16/2017 10:40:15 AM
Signed: 8/16/2017 10:40:31 AM
Signer Events
Signature
Timestamp
Todd Hileman
#r—apmQ"V
�
Sent: 8/16/2017 10:40:38 AM
Todd. Hileman@cityofdenton.corn
i�
Viewed: 8/16/2017 10:41:12 AM
City Manager
''' ' 1D''a�
Signed: 8/16/2017 10:41:20 AM
City of Denton
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Jennifer Walters Sent: 8/16/2017 10:41:22 AM
jennifer.walters@cityofdenton.comt' r Viewed: 8/17/2017 12:54:23 PM
City Secretary Signed: 8/17/2017 1:07:19 PM
City of Denton
Security Level: Email, Account Authentication Using IP Address: 129.120.6.150
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Tirnestamp
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
Sherri Thurman Sent: 8/4/2017 2:38:07 PM
sherri.thurman@cityofdenton.com COPIED Viewed: 8/4/2017 2:43:15 PM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julia Winkley Sent: 8/4/2017 2:38:08 PM
julia.winkley@cityofdenton.com �-C..OPIED
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson Sent: 8/16/2017 10:40:35 AM
jane.richardson@cityofdenton.comPIED
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robin Fox rf% PIE D Sent: 8/16/2017 10:40:37 AM
Robin.fox@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
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
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
COPIED
COPIED
Craig Arrington COPIED
craig.arrington@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Emerson Vorel COPIED � PI
emerson.vorel@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 8/17/2017 1:07:21 PM
Sent: 8/17/2017 1:07:22 PM
Sent: 8/17/2017 1:07:23 PM
Sent: 8/17/2017 1:07:25 PM
Viewed: 8/17/2017 1:08:22 PM
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
8/17/2017 1:07:25 PM
Certified Delivered
Security Checked
8/17/2017 1:07:25 PM
Signing Complete
Security Checked
8/17/2017 1:07:25 PM
Completed
Security Checked
8/17/2017 1:07:25 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 1:59:03 PM
Parties agreed to: Mike Brooks, Todd Hileman
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per -page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems:
Windows2000? or WindowsXP?
Browsers (for SENDERS):
Internet Explorer 6.0? or above
Browsers (for SIGNERS):
Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetSca e 7.2 (or above)
Email:
Access to a valid email account
Screen Resolution:
800 x 600 minimum
Enabled Security Settings:.
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.