2017-271 5925 ORD Correction of ROW 2016-040S:\Lega]\JADE Planning and Zoning Folders\2017.049 Purchase-Nunc Pro TuncsTurchasing Nunc Pro TuncLawn and Sprinkler.doc
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTOA, TEXAS, 1-tac
PRO TUNC, CORRECTING AN INADVERTENT MISTAKE IN ORDINANCE NO. 2016-040
RELATING TO THE DOLLAR AMOUNT REFLECTED IN BACK UP PROVIDED FOR
RFP NUMBER 5925, AWARDED TO DENTON LAWN SPRINKLER, INC., AND D&D
COMMERCIAL LANDSCAPE MANAGEMENT; AND PROVIDING FOR AN EFFECTIVE
D4,TE.
WHEREAS, on or about February 16, 2016, the City Council awarded Bid No. 5925, to
Denton Lawn Sprinkler, Inc. in a three year not -to -exceed amount of $678,614, and D&D
Commercial Landscape Management in a three year not -to -exceed amount of $298,576, for a total
three year not -to -exceed amount of $977,190 under Ordinance No. 2016-040 (the "Ordinance");
and
WHEREAS, the City recently discovered that a clerical mistake was made in the dollar
amounts reflected in the Ordinance and that those dollar amounts did not accurately reflect the
contracts that were approved or the backup materials provided to Council by staff attached to Bid
No. 5925, and shall be instead reflected as indicated on the corrected ordinance attached as Exhibit
A hereto and incorporated herein; and
WHEREAS, the correct award should be to Denton Lawn Sprinkler, Inc. in a three year not -
to -exceed amount of $430,860 and to D&D Commercial Landscape Management in a three year
not -to -exceed amount of $526,143, for a total three year not -to -exceed amount of $957,003; and
WHEREAS, both City Staff and the awardees request that this inadvertent mistake be
corrected and that the corrected ordinance attached hereto replace the Ordinance and that all exhibits
remain the same; and
WHEREAS, the City Council has the inherent power to retroactively correct such mistakes
to reflect the correct and final amounts in the Ordinance and deems it to be in the best interest of the
citizens of the City of Denton to correct the inadvertent mistake; NOW, THEREFORE,
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SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Ordinance 2016-040 is hereby amended to the limited extent necessary to
correct an inadvertent clerical mistake in the dollar amounts reflected on the Ordinance by replacing
the Ordinance with the corrected ordinance attached as Exhibit A hereto, with all original exhibits
remaining the same, and the Mayor is hereby authorized to execute the corrected Ordinance in
Exhibit A.
SECTION 3. All other provisions of Ordinance No. 2016-040 not specifically amended
herein shall continue in force and effect; however, the provisions to this ordinance shall govern and
control over any conflicting provisions of Ordinance No. 2016-040, to the extent of any such
conflict.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _......... ...... day of _w'�. �; .�^ , 2017.
ATTEST:
JENNIFER WALTERS, CITY SP�X'R ;TARY
APPR E:r) AS `.I° Q�l�vGAL� FORM:
AAI. LEAL, INTERIM CITY ATTORNEY
IM
C11: 84A l "1"S, MAYOR
Exhibit A
ORDINANCE NO. 2016-040
ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT
FOR ENHANCED RIGHT-OF-WAY MAINTENANCE FOR SELECT CITY OF DENTON
ROADWAY RIGHTS-OF-WAY AND PUBLIC LAND; AND PROVIDING AN EFFECTIVE
DATE (RFP 5925 -AWARDED TO DENTON LAWN SPRINKLER, INC. IN THE THREE (3)
YEAR NOT -TO -EXCEED AMOUNT OF $430,860 AND D&D COMMERCIAL LANDSCAPE
MANAGEMENT IN THE THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF $526,143 FOR
A TOTAL THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF $957,003).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals
for Enhanced Rights -of -Way Landscape Maintenance services in accordance with the procedures
of State law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies or services approved and
accepted and accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
5925 Denton Lawn Sprinkler, Inc. $430,860
5925 D&D Commercial Landscape Management $526,143
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal
Invitations, Proposals, and related documents.
SECTION 3,. Should the City and person submitting approved and accepted items and of
the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is
hereby authorized to execute the written contract; provided that the written contract is in
accordance with the terms, conditions, specifications, standards, quantities and specified sums
contained in the Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under RFP 5925 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved proposals.
SECTIONm 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY: