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October 01, 2013 Agenda
AGENDA CITY OF DENTON CITY COUNCIL October 1, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, October 1, 2013 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he /she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for October 1, 2013. 3. Receive a report, hold a discussion, and give staff direction regarding a proposed Hotel and Convention Center project. 4. Receive a report, hold a discussion, and give staff direction regarding a policy for valet parking. 5. Receive a report, hold a discussion, and give staff direction regarding a ban on wireless communication use while operating a motor vehicle in the City of Denton. 6. Presentation by Kimberly Sims, Public Information Manager for the I35 Express regarding the project and information on how to stay connected to the project. 7. Receive a presentation from Freese & Nichols regarding program management, project management, civil engineering, land permitting, and land acquisition services to assist with the DME CIP. Discuss and give staff direction regarding Freese and Nichols providing services to assist with DME CIP. 8. Receive a report, hold a discussion, and give staff direction regarding the 2013 Water and Wastewater impact fee study. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. CLOSED MEETING 1. Closed Meeting: City of Denton City Council Agenda October 1, 2013 Page 2 A. Deliberations regarding Consultation with the City Attorney — Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations — Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Tetra Pak Materials LP with respect to expansion of a manufacturing facility and development of a national headquarters facility. This discussion shall include commercial and financial information the City Council has received from Tetra Pak Materials LP which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. B. Consultation with Attorney — Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding complaint filed with the EEOC by Regie Wilkinson, and receipt by the City of a demand letter from an attorney representing him, where public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071 - 551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING City of Denton City Council Agenda October 1, 2013 Page 3 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations /Awards 1. Fire Prevention Week 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Gerald DeMarsh regarding a traffic accident and no insurance. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — O). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A — O below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas calling a public hearing of the Denton City Council on land use assumptions, a capital improvements plan, and a proposed amendment to impact fees related to the possible adoption of amended water and wastewater impact fees in accordance with Chapter 395 of the Texas Local Government Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective date. B. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a new event, Fry Fest Concert. The outdoor concerts and activities will be located on portions of Avenue A and Fry Street, beginning at 1 p.m. and concluding at 10 p.m., on Saturday, October 5, 2013. This request is for an increase in decibels from 70 to 75. Staff recommends approval. City of Denton City Council Agenda October 1, 2013 Page 4 C. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Milling Machine and Asphalt Paving Machine for the City of Denton Streets Department; and providing an effective date (File 5371 — Milling Machine awarded to R.B. Everett and Co. in the amount of $391,894.30 and asphalt paver awarded to Holt CAT in the amount of $156,716.00). D. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with CP &Y, Inc. and the City of Denton Solid Waste Department for professional engineering and consulting services; and providing an effective date (File 5349— awarded to CP &Y, Inc. in a not -to- exceed amount of $150,000). The Public Utilities Board recommends approval (6 -0). E. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Solutient GeoSciences, Inc. and the City of Denton Solid Waste Department for hydrogeological and analytical services; and providing an effective date (File 5348— awarded to Solutient GeoSciences, Inc. in a three (3) year amount not -to- exceed $287,791). The Public Utilities Board recommends approval (6 -0). F. Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for Parking Lot and Infrastructure Improvements for the City of Denton Solid Waste Operations Building; providing for the expenditure of funds therefor; and providing an effective date (RFP 5222— awarded to Caliber Constriction Inc. in an amount not -to- exceed $359,198). The Public Utilities Board recommends approval (7 -0). G. Consider adoption of an ordinance authorizing the City Manager to execute approval of a Change Order 9 to the constriction contract with Bar Constrictors, Inc., for the constriction of the Lake Lewisville Water Treatment Plant upgrade project to increase the constriction contingency allowance by an additional $290,000; revising the contract total amount from $32,142,000 to $32,432,000; providing for the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5 -0). H. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Remanufactured Toner Cartridges and Printer Supplies for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 5200— awarded to TIC Express, LLC, in the annual estimated amount of $150,000 for a three (3) year not -to- exceed amount of $450,000). L Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Okonite Electric Utility Underground and Substation Cable for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5203— awarded to The Okonite Company in a three (3) year not -to- exceed amount of $2,000,000). City of Denton City Council Agenda October 1, 2013 Page 5 J. Consider approval of a resolution allowing El Guapo's to be the sole participant allowed to sell alcoholic beverages at Oaktopia November 16, 2013, upon certain conditions, authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Staff recommends approval. K. Consider adoption of an ordinance approving a sponsorship in an amount not to exceed $2,000 of in -kind services and city resources for the 2013 Mayor's Mile, a community wellness walk to be held at the Denton County Transportation Authority's MedPark Station located at 3220 MedPark Drive beginning at 8:30 a.m. on October 5, 2013; and providing an effective date. L. Consider adoption of an ordinance approving revisions to the "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic Control Signals" entered into by and between the City of Denton, Texas and the State of Texas, acting by and through its Texas Department of Transportation; providing the City Manager with authority to execute said agreement and to carry out the rights and duties of the City regarding said agreement; and providing an effective date. The Traffic Safety Commission recommends approval (4 -0). M. Consider a request for an exception to the Noise Ordinance for the purpose of the Oaktopia Festival sponsored by Monocle LLC. The event will be held on City property, Williams Trade Square, on Saturday, November 16, 2013, from 2 p.m. to 10 p.m. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval. N. Consider approval of a resolution nominating members to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. O. Consider adoption of an ordinance authorizing and approving the transfer of an Airport Lease Agreement approved by Ordinance 2004 -362 on December 1, 2004 and subsequently amended between the City of Denton, Texas and Jet Works Air Center Management, LLC for the property located at 5035 Warbird Drive, Denton Enterprise Airport as authorized by the United States Bankruptcy Court for the Northern District Of Texas, Fort Worth Division, in Case No. 12- 46776 -RFN for the sale of all assets of Jet Works Air Center Management, LLC to Greenpoint Aerospace Corporation; and providing an effective date. 5. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Tetra Pak Materials, LP, Limited Partnership Reinvestment Zone No. XI for commercial /industrial tax abatement establishing the boundaries of such zone, making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. City of Denton City Council Agenda October 1, 2013 Page 6 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with Tetra Pak Materials, LP, setting forth all the required terms of the tax abatement agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent to Tetra Pak Materials LP, a Limited Partnership, receiving the tax abatement; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommends approval (8 -0). 7. CITIZEN REPORTS 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. C. Possible Continuation of Closed Meeting under Sections 551.071 - 551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2013 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF JDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: City Manager's Office ACM: Jon Fortune 9 SUBJECT Receive a report, hold a discussion, and give staff direction regarding a proposed Hotel /Convention Center. BACKGROUND On September 17, 2013, staff provided the City Council an update on the proposed hotel and convention center project. A follow -up presentation has been scheduled for October 1st to allow for further discussion regarding the financing of the project and to address any additional questions from the City Council. Included below are the agenda materials and presentation from the September meeting. Staff is working on responses to questions from the last meeting and will be prepared to provide an update at the October 1 Work Session. Pursuant to the long standing objective to provide adequate convention center facilities to meet the needs of the community and to encourage and promote economic development through convention and tourism related activity in the community, the City has considered many proposals over the past few years. More recently, staff has been reviewing a proposal from O'Reilly Hospitality Management (OHM) that we believe has all the necessary elements to be a successful project. Staff has been working from this proposal to finalize a draft Development Agreement in collaboration with OHM and University of North Texas (UNT) to build a convention center and convention center hotel. As staff continues the process of negotiating and further refining the details of a Development Agreement to propose to City Council, this agenda item was scheduled to provide the Council an update on the project and give you more detail on the major elements of the proposal. Feedback from the Council will be appreciated as the proposed development agreements are finalized and provided to you for your consideration in the near future. If approved, the project will be built on UNT property which will be leased to the City to build and own the convention center, and to O'Reilly Hotel Partners Denton (OHPD) to build and own the Hotel. The proposal includes plans for the City to lease the convention center to OHPD which would be operated and managed by OHM (same operator as the hotel). It is important to note that the City would be funding the convention center only and not the hotel. Agenda Information Sheet October 1, 2013 Page 2 The hotel is planned to be an Embassy Suites of approximately 318 rooms (twelve stories tall), but at a minimum will have 275 rooms (nine stories tall) and includes a Houlihan's restaurant. Both would be funded by OHM and represent an approximately $60 million investment. The convention center is currently proposed to be an approximate 100,000 square foot facility and includes an approximate 30,000 sq /ft ballroom. It will be designed to handle very large events and be able to accommodate approximately 2,000 for banquet style seating. Though the size of the convention center has decreased as has been previously discussed, the overall amenities now included will increase the marketability of the facility. Staff will provide a more detailed description of these changes at the September 17 Work Session. The City would fund and own the convention center which is estimated to cost $25 million. Financing of the convention center is anticipated through the issuance of Certificate of Obligation Bonds which would be self supported from project related revenue, and includes an annual rent from OHPD to the City necessary to satisfy the City's debt obligation. The project also anticipates the creation of a Tax Increment Investment Zone to capture the growth in appraised value of the project. Both the County and DISD will be invited to participate, though there have been no formal commitments to do so. The major development concepts of the project that were originally identified in the non - binding Memorandum of Preliminary Agreement dated January 2012, and that have been discussed openly at numerous public meetings, have not changed. As such, staff intends to provide only a brief overview of the project itself, and spend more time discussing the details of the proposal and to respond any other questions you may have regarding this exciting project. PRIOR ACTION/REVIEW September 2011 — Received proposal from O'Reilly Hospitality Management (OHM) January 2012 — City, OHM and UNT reach non - binding agreement on guiding principles to negotiate a development agreement. March 2012 — City and OHM meet with local hotel operators at the Quarterly Convention and Visitor Bureau Hospitality Meeting to present the proposed project. May 2012 — City Council Work Session to receive overview of proposed project and meet with the prospective developer, Tim O'Reilly. December 2012 — City and OHM present proposed project to the DISD Trustees during a Trustee Meeting. March 2013 — City Council Work Session discussion and update on proposed project. September 2013 — City Council Work Session discussion and update on proposed project. Agenda Information Sheet October 1, 2013 Page 3 FISCAL IMPACT The proposed Hotel and Restaurant are estimated to cost $60 Million and will be funded and owned by OHPD. The Convention Center, which will be owned by the City, is estimated to cost $25 Million and will be funded through the issuance of Certificate of Obligation Bonds. Project related revenue (Hotel Occupancy Taxes, TW revenue and sales taxes) plus rent payments by OHPD will be dedicated to meet the required annual debt obligations to fund the Convention Center. EXHIBITS PowerPoint Presentation Respectfully Submitted: Jon Fortune Assistant City Manager Proposed Hotel and Convention Center Project Update City Council Meeting October 1, 2013 Agenda Project Overview MI �v H otel/ Restau rant Development Agreements Project Feasibility Process Development Steps Agreement Elements Financing for Convention Center Construction Example Project Proforma Next Steps 0 Project Overview Collaboration Between: Embassy Suites Hotel, Denton Convention Center and Houlihan's Restaurant Site - 13.5 Acres Located on UNT Property Hotel & Restaurant (OHPD Funded) 111111, Convention Center (City Funded) Total Project Cost - $85 Million Convention Center - $25 Million Hotel & Restaurant 3 Project Overview -Hotel /Restaurant OHPD to Lease Land from UNT Funded and Owned by OHPD Management of Construction and Operated by OHM Embassy Suites with Latest Design Concepts Goal 318 Suites & 12 Stories T III I LEED Certified —Element of Master Agreement Houlihan's — 8,000 sq/ft with 290 Seats Educational Opportunity Through the UNT School of Hospitality , Operated and Managed by OHM Project Overview - Convention Center Size is Currently Proposed at Approx. 100,000 sq. ft. Single Story vs.Two Story Structure Bigger Grand Ballroom v Increase Capacity from 1,200 to 2,000 for Banquet Style Events Completely Finished Out with More Meeting Space Size is a Better Fit for the Site with a Lower Profile and Visibly Less Intrusive Project Overview - Site Plan m_ current property line prcposed new x y Sloe P� property Vine estruan ac...,Plan 10o r T _ _ From, overflow parking 515 parking spaces Convention center 19.8 acres `41W rT1 I`v Emba By 5uite5 Hotel and o rfl'ow arkin co1ventlon center C" fo onve tkuon enter \\ Denton, Texas Development Agreements Master Development Agreement ECity & UNT Land Lease � K10 Includes Operating Agreement for Convention Center (OHM) =I will � Professional Service Agreement with OHM to Design Project �v Professional Service Agreement with OHM for Construction Management Project Feasibility Process The Project Feasibility Process is Beneficial as it Allows Project Participants to: � Determine Feasibility Before Constructiol � To Withdraw from Development Before Closing on Bonds or W Q SON, � To Obtain Preliminary Architectural Plans � To Obtain Guaranteed Maximum Price Construction Proposals 11 RI 11111 111 1 1101 Development Steps Hire Architect and Construction Manager Agent through Contract with OHM 2. Initiate Project Design to Obtain Design Development Drawings Design to 35% for Materials Quantities Limits City's Design Expenses Prior to Feasibility Deadline Currently Projected to be $200,000 3. Implement Creation of the TIRZ and Determine Level of Participation from Other Govt. Entities 4. Solicit Construction Proposals for a Guaranteed Maximum Price 10 Development Steps (cont) °. Evaluate Construction Proposals and Award Guaranteed Maximum Price Contract Contract to be Contingent on City Funding Includes Savings 6. Finalize Construction Budget Feasibility Period Ends and Participants Determine Whether to Continue I I Take 35% Plans to 100% City Hires a Project Manager 2. Complete TIRZ Creation 3. Begin Hotel/Convention Center Marketing 4. Begin Construction 1111. Open Hotel/Convention Center 12 Agreement Elements U NT to Lease Property to City � 50-Year Lease with Two I 0-Year Renewal Options During Terms of Debt Payment (0-25 yrs) After Debt is Retired (yr 26) Rent Increases to Approximately $1751</yr with Adjustments Every Ten Years City to Sub-Lease Property to OHPD � Includes Details for Operating Convention Center (OHM) o Rent to City Equal to Amount to Guarantee Debt Payment o Rent to City begins in Year 3 of Operations 13 Agreement Elements (cont) U NT to Lease Land to OH PD � 5-0-Year Term with Two W-Year Renewal CYM � Rent 0-3 Years of 01 Rent 4 Years and Beyond = 1.5% of Gross Project Revenue (Gross Revenue from Hotel and Convention Center) Coordination with UNT College of Merchandising, Hospitality and Tourism v MayAllow a Portion of HotelValue to beTax Exempt (approx 15%) 14 Financing - Convention Center Goal is to be Self Supporting City to Sell Certificate of Obligations to Fund Conv. Center ., Debt Supported from Project Revenue Including OHM Rent 111111, Creation of aTax Increment Finance District (TIRZ). Helps Ensure Project is Developed Located on UNT Property that is CurrentlyTax Exempt 1111gill I'l 5 15 Financing - Convention Center Debt Service Funded by: ov Hotel Occupancy Taxes (HOT) Related to the Development of the Project This Includes HOT Revenue from Convention Center Hotel and up to $1 OOK in Other HOT Revenue ov TIRZ Revenue (AdValoremTaxes from IncreasedValue) ov City Sales Taxes — Derived from Project v OHPD Lease Payment to City Equal to the Net Balance of Total Project Revenue and the Amount Needed to Satisfy the City's Annual Debt Payment Begins in Year Three of Operations 16 Proforma Example Rooms Year5 Year 10 Year 15 Year20 318 318 318 318 Occupancy Rate 78% 78% 78% 78% Average Room Rate $160 $190 $210 $232 Hotel Occupancy Tax (7 %) 1,013,734 1,203,983 1,329,295 1,467,649 City Property Tax 214,025 267,939 300,169 331,411 City Sales Tax (1.5 %) 146,271 165,280 182,483 201,476 Total Tax Revenue to City 1,374,030 1,637,203 1,811,947 2,000,536 Potential TIRZ Revenue $119,908 $150,113 $168,170 $0 Debt Service ($25m $2,075,750 $2,075,250 $2,075,250 $2,075,250 Construction) Total Estimated Lease $322,812 $28,934 $0 $0 Payment to City Assumptions: • Property Tax Based Hotel Income at 85% Taxable • Sales Tax Based on Food and Beverage Sales from Hotel and Restaurant • Debt Service Estimated Based on a 5.0% Taxable Issue • Lease Payment Assumes TIRZ Contribution from DISD and County • Lease Payment also Assumes Additional City Contribution 17 Next Steps Finalize Development Agreement, Leases and Professional Service Contracts ov Requires City Council and UNT Regents Approval Begin Feasibility Period o v , Initiate Design 11, M11111011M Invite Participation by DISID and County Conclude Feasibility Period 18 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Utility Administration UTILITIES ACM: Howard Martin, Utilities, 349 - 8232" --- SUBJECT Receive a report hold a discussion and give staff direction regarding a policy for valet parking. BACKGROUND The City of Denton is working to develop a valet parking ordinance. Queenie's steak house located on Hickory Street has requested that they be granted a permit to valet park cars for their patrons. Currently, the city does not have a valet parking ordinance. Staff has researched the issue and determined that the City of Fort Worth valet parking ordinance 415092 is a template that, with modifications, will work for business in the City of Denton and more specifically in the downtown area. The increase in restaurants and night time business activity in the downtown area has increased the demand for parking. Recently, " Queenie's" a steak house has opened and is marketing their business as an upscale restaurant. They have requested a permit to park cars in the downtown area. Staff has granted a temporary permit to allow them to offer service to their customers. The restaurant is currently operating under the following guidelines: • The valet stand may be placed on the side walk facing the public parking spaces on along Hickory Street in front of Queenie's • The valet service may utilize one or two public parking spaces to facilitate valet parking if the spaces are open and available • The valet service may politely ask a citizen if they would move their vehicle from a parking space in order to accommodate the valet • The valet service may not require a citizen to move their vehicle and may not block any public parking spaces The City of Denton is developing this ordinance to address the needs of this particular business and to provide a process for future requests for this type of activity. Staff has included the following exhibits for Council review: Exhibit 1 Valet Parking Application Exhibit 2 Basic Insurance Requirements Exhibit 3 Draft Valet Parking Ordinance OPTIONS Continue to use a temporary permit process for valet parking. Continue to move forward with the development of a Valet Parking Ordinance. RECOMMENDATION Staff recommends continuing to utilize the temporary permits until a valet parking ordinance is finalized. EXHIBITS 1. Valet Parking Application 2. Basic Insurance Requirements 3. Draft Valet Parking Ordinance Respectfully submitted: 6�v,�5 Jim Coulter Director Water Utilities EXHIBIT l 4 '0 (AIY DENTON VALET PARKING LICENSE APPLICATION DATE OF REQUEST NAME OF APPLICANT NAME OF BUSINESS OWNER OR LESSEE ADDRESS RESPONSIBLE OFFICIAL CELL PHONE # OFFICE PHONE # FAX # VALET SERVICE PROVIDER ADDRESS RESPONSIBLE OFFICIAL CELL PHONE # OFFICE PHONE # FAX # CHECK ALL THAT APPLY: ❑ NUMBER OF SPACES (MINIMUM OF TWO (2) SPACES REQUIRED) BEGINNING VALET DATE: ❑ VALET STAND (INDICATE LOCATION, SIDEWALK, ETC.) ❑ LOCATION OF OFF - STREET PARKING (ADDRESS) LOCATION OF VALET PARKING: (LIMITS) STREET FROM TO LIST DAYS AND TIME OF VALET SERVICE: DAYS (BEGIN TIME) (END TIME) ** LIST NAME OF CONTRACTED TOWING COMPANY: (REFER TO LIST OF TOWING COMPANIES APPROVED TO PERFORM NON - CONSENT TOWS IN THE CITY'S RIGHT -OF- WAY) THE FOLLOWING MUST BE SUBMITTED WITH APPLICATION: • SIGNED AGREEMENT DOCUMENTATION INDICATING APPLICANT HAS LEGAL RIGHT TO PARK VEHICLES • COPY OF WRITTEN NOTIFICATION TO ALL PROPERTY OWNERS LOCATED WITHIN 100 FEET ON SAME SIDE OF STREET OF VALET PARKING SERVICE • CERTIFICATE OF INSURANCE (COMMERCIAL GENERAL LIABILITY AND GARAGE KEEPERS) LISTING THE CITY AS AN ADDITIONAL INSURED • ANNUAL LICENSE FEE OF $1000.00 (includes 2 spaces) the cost is $150.00 per additional space TRANSPORTATION AND PUBLIC NVORKS DEPARTMENT STREET PERMIT CENTER ADDRESS DENTON, TX 76209 (940) 349 -XXXX FAX (940)349 -XXXX W411) C MI EXHIBIT 2 BASIC INSURANCE REQUIREMENTS VALET PARKING The following items represent basic insurance requirements. Insurance coverage's listed below may be added as an endorsement on a Commercial General Liability policy. 1. Garage Liability Insurance shall provide liability for bodily injury and property damage resulting from the garage operations or operations of any auto whether or not owned by the insured and shall be in the minimum limit of $1,000,000; other than garage operation which shall be $1,000,000 per occurrence and an aggregate of $2,000,000. 2. Garage Keepers Insurance Policy $1,000,000 Limit for vehicles in the care, custody and control of licensee. Maximum Deductibles shall not exceed: $1,000 per unit $5,000 per loss comprehensive $1,000 for collision Policy is to include the following: • Comprehensive and collision coverage for physical damage • Coverage for vehicle storage • Coverage for a vehicle driven by or at the direction of the licensee • Coverage for property damage Policy Endorsements as follows: > The City of Denton, its Officers and Employees named as an Additional Insured > Forty -five (45) days notice of cancellation or non - renewal. It would be advantages to the City to require the following clause: "This insurance shall not be cancelled, limited in scope or coverage, cancelled or non - renewed_ until after forty -five (451 days prior written notice has been given to the City of Denton". > Waiver of rights of recovery (subrogation) in favor of the City of Denton. 3. The insurers for all policies must be licensed /approved to do business in the State of Texas and have minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of the Risk Manager. 4. The deductible or self - insured retention (SIR) affecting required insurance coverage shall be acceptable to the Risk Manager of the City of Denton in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved. rN111:10a EXHIBIT 3 VALET PARKING ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING 04 n� �0� n� AND SIDEWALKS" LKS" OF THE CODE OF THE CITY OF DENTON ( AS AMENDED, BY ADDING A NEW ARTICLE VI, "VALET PARKING ", CONTAINING PROVISIONS REQUIRING A VALET PARKING PERMIT TO OPERATE A VALET PARKING SERVICE, REQUIRING AN APPLICATION AND ANNUAL, PERMIT FEE, ALLOWING THE DENIAL, REVOCATION, OR TEMPORARY SUSPENSION OF THE PERMIT, PROVIDING STANDARDS FOR OPERATION, PROVIDING REGULATIONS FOR SERVICE STANDS AND LOCATION OF VALET PARKING SERVICE, REQUIRING INSURANCE AND INDEMNIFICATION BY THE VALET SERVICE, ALLOWING SIGNS AND MARKINGS BY THE CITY TRAFFIC ENGINEER FOR SERVICES, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION, AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1 That REUTS AND c m a m rr c tee 38, F�,�, of the Code of the Citv of Denton, Texas, as amended, is hereby further amended by adding the folloNving new Article: ARTICLE VI VALET PARKING SEC. 30-89. DEFINITIONS For the purposes of this article: (1) DIRECTOR means the Director of the Transportation and Public Works Department or the director's designated representative. (2) LICENSEE means a person licensed under this article to operate a valet parking service. The term includes any employee, agent, or independent contractor of the person in whose name the Valet Parking Permit is issued. (3) "VALET PARKING SERVICE" means a business, or any part of a business, which provides a person to operate a vehicle to and from a parking location so that the driver and any passengers in the vehicle may unload and load at their immediate destination. (4) "VALET PARKING PERMIT" means a permit issued by the director authorizing a valet parking service to use the City's right -of -N ay. SEC. 30-90. PURPOSE This article applies only to a valet parking service provided in connection Nvith a commercial EXHIBIT 3 establishment or commercial activity and does not apply to occasional valet parking services provided at a private residences or in connection with a social or fundraising activity. SEC. 30 -91. VALET PARKING PERMIT REQUIRED; APPLICATION; ISSUANCE (a) A person who desires to operate a valet parking service on public right -of- Nvay, or on private property which requires the use of the public right- of -Nvay for maneuvering vehicles, shall apply in writing to the director for a valet parking permit. One application per site must be made to the director. The application must be made by the owner or lessee of the premises benefiting from the proposed valet parking service or the valet parking service and must contain the folloNving information: (1) the names, addresses, and telephone numbers of (A) the applicant; (B) if the applicant is a lessee, the property owner, and (C) the independent contractor, if any, the applicant will use to provide valet parking service; (2) the proposed location of the valet parking service and any valet parking service stands; (3) the number of spaces requested to be reserved for the valet parking service, each space being 25 feet long, if parallel to the curb, or nine feet wide, if head in to the curb; a minimum number of two spaces must be reserved unless the director determines that because of special traffic conditions, a greater number of spaces is needed to efficiently operate the valet parking service; (4) the proposed hours and days of operation of the valet parking service; (5) the location of off- street parking, if off- street parking is to be used, and a signed agreement or other documentation showing that the applicant has a legal right to park vehicles at that off- street location; (6) proof of insurance as required by Section 30 -99, and (7) copies of written notification to all property owners, or their representatives, located -,N -ithin 100 feet of, on the same side of the street as, and within the same block as the valet parking service location. (b) The director shall fore -ard a copy of any completed application to any person required to be listed under Subsection (a)(7) and to departments or offices of Police, Law and any other department that might be affected by the operation of the proposed valet parking service. Each office or department, and any other notified persons, shall re -,ievv the application and return it ,,N-ith any comments, to the director ,N-ithin 30 days of receipt. (c) After reviewing the application and comments of the departments and of any person notified in accordance ,N-ith subsection (a)(7), and upon receiving payment of all fees required by this division, the director shall issue a valet parking permit if the applicant meets the requirements of this article. (d) A licensee desiring to change the location or hours of operation of a valet parking service must submit a nev ,,- application to the director in accordance ,N-ith this section. (e) A valet parking permit expires one (1) year from the date of issuance unless sooner terminated b-,- the director. A valet parking permit must be renewed at least 30 calendar days before expiration through a renewal application in which the licensee must disclose any changes related to the valet parking service and payment of all necessary fees. If renevN -a1 is denied by the director then the licensee may appeal. Failure to apply for renevN -a1 of valet parking permit shall necessitate initiation of a new application. SEC. 30 -92. VIOLATIONS (a) It shall be an offense to operate a valet parking service within the city on a public right -of- vvay for maneuvering vehicles without a valet parking permit issued by the director. (b) It shall be an offense if at a time other than the hours and days of operation authorized in a licensee's valet parking permit, licensee or licensee's employee, agent, or independent contractor operates a valet parking service within the city on a public right- of -vvay. SEC. 310-931. FEES (a) The Licensee must pay an annual fee of $500 for each approved application. (b) If the Director determines that more than two spaces are necessary, the fee shall be $150 per additional space per year. (c) Nonprofit organization shall be exempt from these fees. Supporting documentation showing the nonprofit status shall be submitted with the application. SEC. 30 -94. DENIAL OR REVOCATION OF VALET PARKING PERMIT; TEMPORARY SUSPENSION (a) The director shall deny a valet parking permit if (1) the applicant fails to comply with the requirements of this article or other applicable law, (2) the applicant makes a false statement of material fact or omission on an application for a valet parking permit; or (3) the director determines that the operation of the valet parking service would: (A) endanger the safety of persons or property or otherwise not be in the public interest; (B) unreasonably interfere with pedestrian or vehicular traffic; (C) unreasonably interfere with the use of a pole, traffic sign, traffic signal, hydrant, mailbox or other object permitted at or near the proposed location of the valet parking service; or (D) unreasonably interfere Nvith an existing use permitted at or near the proposed location of the valet parking service. (b) The director shall revoke a valet parking permit if (1) the licensee fails to comply Nvith the requirements of the valet parking service of this article, or other applicable law (2) the licensee made a false statement or omission of material fact on an application for a valet parking permit; or (3) the director determines that the operation of the valet parking service: (A) endangers the safety of persons or property or is othenvise not in the public interest; (B) unreasonably interferes Nvith pedestrian or vehicular traffic; (C) unreasonably interferes Nvith the use of a pole, traffic sign, traffic signal, hydrant, mailbox, or other object permitted at or near the location of the valet parking service; or (D) unreasonably interferes Nvith an existing use permitted at or near the location of the valet parking service. (c) After receipt of notice of revocation, the permit holder shall immediately discontinue providing valet parking service using the public right -of -N ay. (d) The director may temporarily suspend the operations of a valet parking service if the public right- of -Nvay reserved by the valet parking service is needed for construction, maintenance, or repair of streets or utilities. (e) The Police or Fire Chief, or their designated representatives, may temporarily suspend the operations of a valet parking service if the public right- of -Nvay reserved by the valet parking service is needed for an emergency or temporary use. (f) If the director revokes, denies or suspends a permit, licensee shall receive written notice of his action, the reason for the revocation, denial or suspension and that the licensee has the right to appeal director's decision. The decision of the director is final unless a timely appeal is made. SEC. 30 -95. APPEAL OF DENIAL OR REVOCATION OF A VALET PARKING PERMIT (a) A person may appeal a denial, suspension or revocation of valet parking permit if he or she requests an appeal, in writing, received by the city manager not more than ten (10) days after notice of the action of the director is received by the applicant. (b) The city manager or his designated representative shall act as the appeals hearing officer in an appeal under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his or her behalf. The formal rules of evidence shall not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing (c) The hearing officer may affirm, modIA- or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final. (d) All notices required under this article shall be in writing and sent certified or registered, return receipt requested through the United Postal Service. SEC. 30 -96. STANDARDS FOR OPERATION OF A VALET PARKING SERVICE (a) A licensee shall: (1) allow on1v employees and independent contractors who hold a valid state driver's license, and who are covered by the insurance required by Section 30 -100 of this article, to operate any vehicle in connection Nvith the valet parking service; (2) operate the valet parking service in a manner that does not: (A) use or occupy more of the public right -of -N ay than is alloN ed by the valet parking permit; (B) obstruct a pedestrian's use of a sideNvalk, (C) obstruct a vehicle operator's ability to see any part of an intersecting road; or (D) injure, damage, or create a hazard to persons or property, (3) place no more than one valet parking service stand on the public right- of -Nvay, (4) not place nor allow the placement of a sign advertising the valet parking service in the public right- of -wav; except as provided for under Section 30 -101. (5) not park nor allow the parking or standing of a vehicle in a valet parking service space. Said space shall only be used for loading and unloading passengers; in no event shall a vehicle be alloNved to remain in a valet parking service space for more than five minutes, (6) not park a vehicle on the public right -of -N ay and shall use only an off - street parking location to park a vehicle accepted for valet parking service and (7) notifv director Nvithin 10 days of a change in the location of off - street parking and provide director Nvith a signed agreement or other documentation shoN ing that the licensee has a legal right to park vehicles at the new location. (b) Except for the authorized hours of operation of a valet parking service, spaces reserved by the valet parking service shall be available for use by the general public on a first -come, first served basis in accordance Nvith posted signs and other traffic control devices, except Nvhere parking is restricted or prohibited. SEC. 30 -97. VALET PARKING SERVICE STANDS (a) A licensee may place one valet parking service stand on the public right -of- Nvav at a location approved by the director. The valet parking service stand must be necessary to the general conduct of the valet parking service and shall be used for such purposes, including, but not limited to, the dispatch of valets and the storage of keys, umbrellas and other necessary items. (b) A valet parking service stand shall: (1) not occupy an area of the public right -of -N ay exceeding four feet in N idth and four feet in depth; (2) not be affixed to the public right -of -N ay in any manner; (3) be removed from the public right -of -N ay N-,-hen the valet parking service is not being operated; and (4) not unreasonably interfere Nyith pedestrian or vehicular traffic. (c) A name and/or logo may be placed on a valet parking service stand for the sole purpose of identifying the valet parking service. The identification of the valet parking service shall not have dimensions greater than four feet high and four feet Nyide. SEC. 30 -98. LOCATION OF A VALET PARKING SERVICE (a) Spaces and stands for a valet parking service may not: (1) be Nyithin ten (10) feet of a crossNyalk, (2) be Nyithin ten (10) feet of a fire hydrant, fire call box, police or other emergency facility; (3) be Nyithin five (5) feet of a driveway, (4) be Nvithin three (3) feet in front of or fifteen (15) feet behind a sign marking a designated bus stop; (5) be Nvithin five (5) feet of a bus bench; or (6) reduce the unobstructed space for the passage of pedestrians to less than four (4) feet (b) The director may require greater distances than those prescribed in subsection (a) N-,-hen Nyarranted by special vehicular or pedestrian traffic conditions. (c) The licensee must provide to the director a site map shoNving location of valet parking, placement of valet stand, and off -site valet parking. This map shall also include the placement of anv traffic cones to be used. SEC. 30 -99. INSURANCE (a) A licensee shall procure, or cause to be procured, and keep in full force and effect, and shall keep on file Nyith the director, a policy of Commercial General Liability and Garage Keepers insurance, as evidenced by a certificate of insurance issued by a casualty insurance company authorized to do business in this state and in the standard form approved by the board of insurance commissioners of the state and accepted by the Risk Management Division of the Finance Department. The insured provisions of the policy must name the City of Denton, and its officers and employees, as additional insured's and the coverage provisions must insure the public from loss or damage that may arise to any person or property by reason of the operation of a valet parking service by the licensee. (b) The Commercial General Liability insurance must be on a broad form and provide limits of liability for bodily injury and property damage of not less than $1,000,000 combined single limit, or the equivalent. The aggregate shall be not less than $2,000,000. (c) In addition, the Garage Keepers insurance must provide limits of liability for bodily injury and property damage of not less than $1,000,000 combined single limit, or the equivalent, and the aggregate shall be not less than $2,000,000 and must provide the following coverage: (i) Comprehensive and collision coverage for physical damage. (ii) Coverage for vehicle storage. (iii) Coverage for a vehicle driven by or at the direction of the licensee. (ix) Coverage for property damage, if the policy does not include property damage. (d) The insurance policy required by Subsection (a) of this section shall contain an endorsement which provides for ten (10) days notice to the director in the event of any material change or cancellation of the policy. (e) This section does not preclude additional or more stringent requirements for valet parking services operated under a contract with the City. SEC. 30 -100. INDEMNIFICATION AND HOLD HARMLESS A licensee, and any independent contractor used by the licensee, must execute a written agreement to indemnify and hold harmless the City and its officers and employees against all claims or injury or damage to persons or property arising out of the operation of the valet parking service by the licensee. SEC. 30 -101. SIGNS AND MARKINGS The director, or his designated representative, is authorized to place city signs or curb markings at a location licensed for a valet parking service pursuant to this article. The signs and markings shall: (1) indicate that the location is restricted for use by a valet parking service; and (2) state the days and hours of operation of the valet parking service; and (3) include a tow away sign. SECTION 2 This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Denton, Texas (1996), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same Nvould have been enacted by the City Council Nvithout the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply Nvith or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5 The City Secretary of the City of Denton, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Denton, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION 6 This ordinance shall be effective upon its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Woidlk Bess k)i,� 5 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Water Utilities UTILITIES ACM: Howard Martin, Utilities, 349 - 8232 *1 -- — SUBJECT Receive a report hold a discussion and give staff direction regarding a ban on wireless communication use while operating a motor vehicle in the City of Denton. BACKGROUND Recently the issue of a statewide texting ban was passed by the 83rd Texas House of Representatives. The companion bill was carried to the Senate transportation committee but was never brought forward for a vote. Representative Tom Craddick wrote, "Nichols, (Chair of Senate Transportation Committee) thought that he knew better for Texas when he refused to allow a vote of the bill that would save lives... Chairman Nichols single handedly denied lawmakers that opportunity and denied Texas a chance at making our roads safer." All across the country states are passing bans on texting and driving. Currently there are 41 states that have passed texting bans. Sixteen of the forty one states include a handheld ban on the use of cell phones. The National Highway Traffic Safety Administration reports that texting while driving increases a risk of collision by 23% (Exhibit 2). Agency officials describe texting as among the worst of driver distractions because conversing by text simultaneously involves manual visual and mental distractions. It is estimated that 3,000 teens are killed a year while texting and driving, surpassing the approximately 2,700 killed a year under the influence of alcohol according to researchers at Cohen Children's Medical Center. At the September 2012 Traffic Safety Meeting Commissioners requested that if a statewide ban on texting failed that staff bring back options for discussion at a future Traffic Safety Commission Meeting. As per that request staff brought forward two options for discussion: 1. The City of Arlington Texting Ban - The City of Arlington ordinance bans texting while driving but permits drivers to talk on their cell phones while driving. This makes it very difficult for police officers and prosecutors to determine whether someone was using their cell phone or texting. 2. The City of El Paso ban on wireless device usage — The City of El Paso ordinance is more restrictive and it prohibits the use of cell phones for talking or texting while operating a motor vehicle. At the July 1, 2013 Traffic Safety Commission Meeting the Commission directed staff to prepare an ordinance that would ban texting and talking on handheld cell phones while driving. At the September 9, 2013 Traffic Safety Commission Meeting staff brought forward revisions to the El Paso ban on wireless device usage. The Traffic Safety Commission voted unanimously to forward that ordinance to City Council for consideration (Exhibit 3). PRIOR ACTION/REVIEW (Council, Boards, Commissions) Traffic Safety Commission September 12, 2012 Traffic Safety Commission May 6, 2013 Traffic Safety Commission July 1, 2013 Traffic Safety Commission September 9, 2013 OPTIONS 1. Continue preparation of an ordinance banning wireless communication while operating a motor vehicle. 2. Reject a ban on wireless communication while operating a motor vehicle 3. Continue the discussion on this issue RECOMMENDATIONS If a ban is recommended, staff would be in favor of a complete ban on both texting and talking on handheld devices while operating a motor vehicle. EXHIBIT 1. Star - Telegram Ban on texting while driving passes Texas House 2. Cell Phone and Texting Laws 3. Draft Ordinance 4. City of Arlington Presentation 5. From one second to the next Video Link - ham: / /www.yoLitLibe. coin /watch ?v =Xk 1 vC gfYpos &feat tire= player_detallp Respectfully submitted: 6�v'�5 Jim Coulter Director of Water Utilities Texas Legislature � News fro|n Fort Northeast 'Ia%3a0t County |St4r~]e... Page lof 2 EXHIBIT T Mimi Star-lblegram, Ban U0 texting while driving passes House Posted Wednesday, Apr. 1r,zn110 BY DAVE MONTGOMERY dmomtgonmery@atar-te leg ram oom AUSTIN -- The Texas House on Wednesday gave preliminary approval to legWation that would impose a statewide ban on textinig while driv�ng after rejecting by the thinnest afmargins — an amendment that proponents said would have effectively killed the bill. Ahma| House vote, expected onWednesday, will send the measure 0othe Senate, where its prospects for passage appear uncertain, Gov Rick Perry, who vetoed a similar measure in2011. has &ficizod the latest bN|eme form of "government mimomanagement' but says hewiU| wait unNUthe bill reaches his desk before tah[nQa position In spite of the poteni�al difficulties ahead, the 98-47 House vote, brought tears of joy to two women who, watched the debate, fmm the House gaNery Kathy Bond of Fort Worth and JanniferZamema'Jom|eon of: Roanoke, both clutching photos of loved ones whom they said were kiUed in accidents with distracted drivers, hailed the House action msmpivotal step toward enactment mf the bill "We're ecstatic," said Bond. 'Wa^s one more step no saving people lives." Bond's 22-year-old daughter, Katrina Bond, was kiNed after her car was ner-mnded while she was stopped ega construction zone omSept. 7'2811 Zarmuns-Jamnhaon"s husband, Staff Sgt, Javier Zamora, died in a head-on collision just nine months after he had: returned from combat |mIraq, 1IB63 by Rep. Tom Craddick, R-Midland, would make it a misdemeanor for drivers to use handheld wireless devices to read, write or send texts while driving. The first offense would be punishable by fines of up $100 One. A second offense mmu|d carry m maximum $200 fine. The debate provoked sharp divisions that cut across pahy lines, Supporters called Craddicka bill a needed remedy against on epidemic of traffic accidents and fatalities caused by distracted drix|n�, Opponents warned that the measure could encroach on civil liberfies and lead to racial profiling The differences were most apparent over mm amendment by Rep. FlonoVd Dutton, [-Houston. The amendment would have required an officer to have a "probable cause"' to stop a vehicle besides the suspicion that the motorist was texting while driving, Dutton, on attorney, defended! his amenidment as an attempt to curb government overreach and pr,event racial profiling, but supporters countered that it was an overt attempt 0o gut the proposed ban. Cxsddiok.o former House speaker, told Dutton that his amendmartwould "take away the vvhoUe concept of the bi|i" In what was believed to be the closest vote of the session, the House rejected the amendment by a vote of 72-72, The margin widened slightly in a nmcour¢. with House members voting 74-69 mge|mettha amendment Tarrant County's delegation mpl�itS'Gmn the bU. Repo. IN|coke Collier, [-Fort Worth, Charlie Geeo.R-Fort'Worth, Diane Patrick, R-Ar|hn0too. Chris, Turner, D-Grand Prairie, and BQ|Zedler, R-Arlington, supported the bH. Voting mo were Reps, Lon Burnam, D-Fort Worth, Giovanni Caprigilione, R-Soutlrlake, and Republicans Craig Go�dman, Stephanie KNch and Matt Krause, all from Fort Worth. Rep. Jonathan ShoWwmd.R-B�edford. was absent, Burnam said hie supports a ban, on texting while driving but said he opposed the measure because of the potential of racW profiling Na criticized Craddiok for not accepting an amendment tocorrect the concerns. Zed1er said ha was also conflicted cm the bin "I still naive concerns about it," he said after the vote. "I think it gives police too much probable cause to Pull you over." But he, said he ultimately cast Nm vote in support. saying "something needs no be done" about distracted driving. CapnQ|ione offered omamendmnent that would have, terminated the law aftertwo years but lost bye vote 101-3A ,'J can see this bill going down a slippery a|ope."he said, citing what he said was mixed evidence of the effectiveness of texting ban$ in other states EXHIBIT hrtp�://wYxvr.314r-telegrai�ii.c0nV20l3/04/1 35 ses.liL, 4/76,/2013 Texas Legislature 11 News from Fort Milli, Dallas, Arlington, Northeast Tarrant County, I Star-Te... Page 2 of 2 Turner, oco-author of the bill, said the measure "will Oimately make our roads safer" by serving esa deterrent against texting while drMrig, State Sen. Judith Zaffirmi.[i-Laredu who iscarrying the companion bill in: the Senate, SB28 applauded the House action and said she hopes tm get a hearing on her measure in the Senate Transportation committee. "I'm hoping we can pass it."' she said, "I think it'k be difficult but we'll work ft. We always do," Perry's continuing reservations about the bifl also cloiud the ultimate outiook for the measure. Spokeswoman Lucy Namhmd said that Pesy'm position has riot changed since he vetoed the measure after it passed the LegimUodwmm in, 2D11 "The government shouldn't be in the business of micromanaging adults,"' Nashed said Wednesday "We already have laws governing distracted drivers and prohibiting drivers under 18 from using cellphones." "He'll take, a look ot any bill that makes it to his, desk but his position has not ohmnged." she said. Nearly 4O states have text bons.asdae number of Texas cities. Craddick said a statewide law is needed to bring uniformity to what is now a confusing patchwork of local ordinances. Arlington became the first North 'Texas city to ban texting while driving after a rash of accidents attributed to distracted drivers, inciudhng those involving maUphoneaAtleast 24 other cifims.iinc|udling Austin, E| Paso and San Antonio, have also adopted the ban, Dave Montgomery, im the Star-Te|egnom^m Austin Bureau ohUe[ 512-739-4471 Twittec@daveymontgomery Looking for umnnments? State Cell Phone Use and 'Fexting While Driving Laws EXHIBIT 2 Page I of 3 State Laws & Fundinq News Meetings Issues Publications Resources Links About Us Members Only Cell Phone and Texting Laws September 2012 This chart outlines state distracted driving laws. Some localities have additional regulations, Enforcement type is shown in parenthesis. Handheld Cell Phone Use. 10 states, D.C., Guam and the Virgin Islands prohibit all drivers from using handheld cell phones while driving. Except for Maryland and West Virginia (until July 2013), all laws are primary enforcement—an officer may cite a driver for using a handheld cell phone without any other traffic offense taking place. All Cell Phone Use: No state bans all cell phone use for all drivers, but many prohibit use by certain subsets: earn More About 32 states and D.C. ban all cell phone use by novice drivers. Distracted Drivling School bus drivers in 19 states and D.C. may not use a cell phone when passengers are present. Preemption Laws: Many localities have passed their own distracted driving bans. However, some states - such as Florida, Kentucky, Louisiana, Mississippi, Nevada, Pennsylvania, and Oklahoma - prohibit localities from enacting such laws. NOTE: GHSA does not compiie any additional data on distracted driving laws other than what is presented here. For more information, consult the d * Text Messaging. 39 states, D.C,, Guam and the Virgin Islands ban text messaging for all drivers. All What (atv S r ,a -QAn_gq but 4 have primary enforcement, Published 2011 An additional 5 states prohibit text messaging by novice drivers. 3 states restrict school bus drivers from texting. * Some states such as Maine, N.H. and Utah treat cell phone use as part of a broader distracted driving issue. In Utah, cellphone use is an offense only if a driver also commits another moving violation (other than speeding). C 2Q.11.surve V of .Stare 3Afe ty Crash Data Collection: Many states include a category for cell phone/electronic equipment distraction an P 1111 1; police accident report forms. Proposed federal legislation would require states to collect this data in Data accordance with M 9d 9j Mimmum Uniform Lraa-h_QjjjeLj, glt _§, to qualify for certain federal funding, 51gy ide jrIg Preemption Laws: Many localities have passed their own distracted driving bans. However, some states - such as Florida, Kentucky, Louisiana, Mississippi, Nevada, Pennsylvania, and Oklahoma - prohibit localities from enacting such laws. NOTE: GHSA does not compiie any additional data on distracted driving laws other than what is presented here. For more information, consult the appropriate aWIQ bjgbwjy--$eft Cf �, All Cell Phone Ban Text Messaging Ban Crash State Handhold Ban School Novice Drivers All School Novice Drivers Data Drivers Drivers Drivers 6wharm 16, or 17 wl Yes Covered under all driver ban Intermediate License (Primary) <6 months (Primary) Yes Covered under all driver ban Yes (Primary) Yes (Primary) 1 18 - 20 years old Yes <18 Yes Covered under all driver ban �Yes (Primary) (Primary) (Secondary) (Primary) .Q tfl Yes Yes X18 Yes Covered under all driver ban Yes (Primary) (Primary) (Secondary) (Primary) <18 Yes Covered under all driver ban Yes (Primary) (Primary) -QmnffMcyj Yes Yes 1<18 Yes Covered under all driver ban (Primary) (Primary) (Primary) (Primary) D I w -kr-Q Yes Yes Learner or Yes Covered under all driver ban Yes (Primary) (Primary) Intermediate License I (Primary) (Primary) Yes Yes Learners Permit Yes Covered under alil driver ban Yes (Primary) (Primary) (Primary) (Primary) Yes Yes X18 Yes Covered under alll driver ban Yes (Primary) (Primary) (Primary) QWP—m Yes Yes Covered under air driver ban (Primary) (Primary) EXHIBIT 2 mhtml:ftle:/A\codad\departments\tJti cities Administration\Sliaj-cd\l'rafficSafety\2012 'try SAg... 9/6/2012 State Cell Phone Use and 'fexting While Driving Laws Page 2 of 3 t!gWjq 2 1 See footnote 1 1 Yes Covered under all driver ban See footnote (Primary) lllimrois A See footnote Yes 09 Yes Covered under all driver ban Yes (Primary) (Primary) (Primary) <18 Yes Covered under all driver ban Yes rimary) (Primary) (Primary) I Restricted or Yes Covered under all driver ban Yes Intermediate License (Secondary) (Primary) Karl Learner or Yes Covered under all driver ban Yes Intermediate License (Primary) (Primary) Yes <18 Yes Covered under all driver ban (Primary) (Primary) (Primary) lswj� Learner or Yes 1 st year of License Yes Covered under all driver ban Yes Intermediate 1 (Primary) (Primary for <18) (Primary) License (regardress of age) <18 Yes Covered under all driver ban Yes (Primary) (Primary) Yes <18 w/ Learner or Yes Covered under all driver ban Yes (Secondary) Provisional License (Primary) (Secondary) Yes <18 Yes Covered under all driver ban Yes (Primary) (Primary) (Primary) See footnote Yes Covered under all driver ban Yes (Primary) MLnamW Yes <18 w/ Learner or Yes Covered under all driver ban Yes (Primary) Provisional License (Primary) j(Pnmary) tisstssinni Yes Yes Learner or (Primary) (Primary) Provisional License (Primary) <21 (Pril,mary) Yes <18 wt Learner or Yes Covered under all driver ban Yes Intermediate License (Secondary) (Secondary) Npv �AQ Yes Yes Covered under all driver ban Yes, (Primary) (Primary) NM Yes Covered under all driver ban hgmgshlr § (Primary) N&Wjgrm Yes Yes Permit or Provisional Yes Covered under all driver ban Yes (Primary) (Primary) License (Primary) (Primary) NMMMUMI In State vehicles Learner or Provisional Learner or Yes License Provisional License (Primary) (Primary) fla Yes Yes Covered under all driver ban Yes (Primary) (Primary) hCorth Carolina Yes (Primary) <18 (Primary) Yes (Primary) Covered under all driver ban Dosttl [Dakota <18 Yes Covered under all driver ban Yes (Primary) (Prmiary) 1<18 Yes Covered under all driver ban (Primary) (Secondary), Qoma Learner or Yes Yes Learner or Yes Intermediate (Primary) (Primary) Intermediate License License (Primary) (Primary) 9-MMO, Yes <18 Yes Covered under all driver ban Yes (Primary) (Primary) (Primary) Pqnn Wang Yes Covered under all driver ban Yes (Primary) inhtml: file:/A\coda&departfnentsAJti li ties Administration\Shared\'I'raffic S afety12 012 TS Aug.- 91612012 State Cell Phone Use and Texting While Driving Laws Page 3 of 3 ,Lode iel—nd Yes 08 Yes Covered under all driver ban Yes I (Primary) (Primary) (Primary) '_`�rolirtg See footnote South Dakota Yes Yes Learner or Yes Covered under all driver ban Yes (Primary) intermediate License (Primary) 1 (Primary) Yes, w/ Intermediate License, Yes, wl Intermediate Yes passenger 1st 12 mos. passenger <1 7 License, 1st 12 �X17 (Primary) (Primary) mos, (Primary) (Primary) See footnote Yes Covered under all driver ban Yes (Primary) MOMM90 <18 Yes Covered under all drrver ban (Primary) (Primary) jld-� yffam I jIg Yes Yes Covered under all driver ban Yes YE 91! U1 Yes <18 Yes Covered under Covered under all Yes (Primary) (Secondary) (Secondary) all driver ban driver ban I I (Primary) I V3kbM.gj2n Yes Learner or Yes Covered under all driver ban, Yes (Primary) Intermediate Licence (Primary) (Primary) W VILgMi Yes <18 w/ Learner or Yes Covered under all driver ban (Secondary unto intermediate Licence (Primary) 711113) (Primary) WMQUO Learner or Yes Covered under all driver ban Intermediate Licence (Purrary) (Primary) (eff 1111112) tl Yes Covered under all driver ban Yes (Primary) Total States 10 + D.C. Guam, 19 + D.C. 2 + D.C. 39 + D.C., Guam, 3 5 36 + D.C., Virgin Islands All Primary Primary (27 + DZ.) Virgin Islands All Primary All Primary Virgin Primary (8 + D.C., Secondary (5) Primary (35 + Islands Guam) D.C., Guam) Secondary (2) Secondary (4) I Arkansas also bans the use of handhold cell phones while driving in a school zone or in a highway construction zone. This law is secondarily enforced. 2 Hawaii does not have a stale law bannOig the use of handheid cell phones. However, all of the state's counties have enacted distracted driving ordinances. 3 Idaho has a "Distraction Won Vehicle (List)" attribute as part of its Contributing Circumstances element, and officers are supposed to fist the distractions in the nanatiVer 4 Illinois bans the use of handheld cell phones while driving in a school zone or in a highway construction zone. 5 In Michigan, teens with probationary licenses whose cell phone usage contributes to a traffic crash or ticket may not use a cell phone while driving. e' Dealt with as a distracted driving issue; New Hampshire enacted a comprehensive distracted driving law, 7 South Carolina has a Distractedlinatlentiori, attribute under Contributing Factors. 8 Texas has banned the use of hand-heW phones and texting in School zones. 9 Utah 's law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a handheld cellphone or other activities not related to driving. Sources: LnjUr@Mr (I I HS) and 0 2012 Governors Highway Safety Association, 444 N. Capitol Street, NVV, Suite 722, Washington DC 20001-1534 phone 202.789.0942 , fax 202,789,0946, hkad &Aftg , " -quar ry a r Jp- , mhtml.fle:/A\codad\departments\[Jtilities AdministrationNiared \r I' ra,ff I C Safety12012 TS Ag... 9/6/2012 \ \codad \departments \utilities ad mini stration \shared \traffic safety \2013 is agendas and packets \September 9, 2013 \item 3 cell phone use ordinance\ cellphoneuseprohibitedifnothandsfreeexceptionforemergencyvehicles .doc EXHIBIT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADDING SECTION 18- OF THE CODE OF ORDINANCES RELATING TO THE USE OF WIRELESS COMMUNICATION DEVICES WHILE DRIVING; BY CREATING SECTION 18- TO PROHIBIT THE USE OF WIRELESS COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances of Denton, Texas is hereby amended by adding Section 18- regarding the use of wireless communication devices while driving. Section 18- shall read as follows: Sec. 18- Use of Wireless Communication Devices While Driving. (a) In this section, a "Hands -free device" means speakerphone capability or a telephone attachment to other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the wireless device without use of either of the operator's hands. (b) In this section, "Stop" or "Stopped" means to stand an occupied or unoccupied vehicle in a location other than a lane of traffic on a roadway. (c) In this section, "Wireless Communication Device" has the meaning assigned in Section 545.425 (Use of Wireless Communication Device; Offense) of the Texas Trasportation Code. (d) An operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle. (e) This section does not apply to an operator of a motor vehicle using a wireless communication device: 1. While the vehicle is stopped; or 2. That is affixed to the vehicle and used as a global positioning or navigation system. (f) This ordinance does not apply to an operator of an authorized emergency vehicle using a wireless communiction device while acting in an official capacity. EXHIBIT 3 \ \codad \departments \utilities ad mini stration \shared \traffic safety \2013 is agendas and packets \September 9, 2013 \item 3 cell phone use ordinance\ cellphoneuseprohibitedifnothandsfreeexceptionforemergencyvehicles .doc (g) It is an affirmative defense to prosecution of an offense under this section is a wireless communication device is used: 1. For obtaining emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed; 2. In the reasonable belief that a person's life or safety is in immediate danger; or 3. Solely in a voice - activated mode. (h) To the extend that this section conflicts with the Texas Transportation Code Section 545.424, regarding the use of wireless communication devices while operating a motor vehicle by minors, or Texas Tranportation Code Section 545.425, regarding the use of wireless communications devices in school zones or by the operators of school busses, this section does not apply. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. Any person found guilty of violating this Ordinance by a court of competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200). SECTION 5. This Ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IC \ \codad \departments \utilities ad mini stration \shared \traffic safety \2013 is agendas and packets \September 9, 2013 \item 3 cell phone use ordinance\ cellphoneuseprohibitedifnothandsfreeexceptionforemergencyvehicles .doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY IC *I * � �, woo Ik seG,sk)11,� 6 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Transportation Operations ACM: Jon Fortune SUBJECT Presentation by Kimberly Sims, Public Information Manager for the I35 Express regarding the project and information on how to stay connected to the project. BACKGROUND Staff provided the Mobility Committee a briefing on the I35 Express project on September 17, 2013. Staff reported that on August 20th the Denton County Commissioners' Court unanimously approved the use of Denton County Regional Toll Revenue funds as a financial backstop until funding from Transportation Infrastructure Finance and Innovation Act (TIFIA) sources are made available for the project. This financial bridge allowed the Texas Department of Transportation (TxDOT) and the Metropolitan Planning Organization (MPO) to add additional options to the initial baseline project that was conditionally awarded to the AGL, project developer, in December 2012. A few of these options include reconstruction of the Post Oak and Corinth Street Parkway bridges to accommodate the ultimate design and further enhancing mobility in the northern segment of the I35 Express project corridor. TxDOT /AGL has indicated that they now anticipate constriction to be initiated in late October to early November 2013 and TxDOT maintains Calendar Year end 2016 as the target date for project completion. Staff understands that initial constriction will begin at FM 407 in Lewisville and the Lake Lewisville Bridge. It is anticipated that AGL will then move to those areas where little to no right of way (ROW) is required and designs are completed. Work in Denton will primarily be to include one additional general purpose lane in each direction within the existing ROW. This will require modifications to the Mayhill and McCormick bridges as well as the constriction of the ultimate improvements at North Texas Boulevard. The North Texas Boulevard will require impacts to the ROW to facilitate the ultimate improvement planned for this intersection. It is anticipated that Denton residents will see work starting in the city limits by summer of 2014. Agenda Information Sheet October 1, 2013 Page 2 TxDOT and AGL have scheduled a ground breaking ceremony for October 3ra at the Copperas Branch Park in Highland Village. Ms. Kimberly Sims, Public Information Manager for the I35 Express project will provide Council an overview of the project to include the following: • General project overview of I35Express, • traffic impacts, • current constriction schedule, • Ms. Sims role in the project, and • provide Council information on how to stay connected to the project. Respectfully Submitted: Mark Nelson Transportation Director Woidlk Bess k)i'� 7 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Utilities ACM: Howard Martin, 349 -8232 �. SUBJECT Receive a presentation from Freese & Nichols regarding program management, project management, civil engineering, land permitting, and land acquisition services to assist with the DME CIP. Discuss and give staff direction regarding Freese and Nichols providing services to assist with DME CIP. BACKGROUND Over the next five (5) years, the approved Capital Improvement Plan for DME includes seventeen (17) substation projects and ten (10) transmission line projects, which must be built, tested, and energized. These projects are large in number and scope and must be completed expeditiously to remain on schedule. As such, DME may utilize consulting engineers and other professional support extensively for project management, project development, project design, permitting, and constriction management of some of the projects contained within the CIP. OPTIONS This is a briefing only and does not require any action by the City Council at this time. RECOMMENDATION This is a briefing only and does not require any action by the PUB at this time. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Briefing to PUB on September 9, 2013 Presentation - September 23, 2013 — The Public Utilities Board EXHIBITS 1. Freese & Nichols presentation Respectfully submitted: General Manager Denton Municipal Electric Prepared by: Brent Heath Executive Manager of Energy Delivery Denton Municipal Electric EXHIBIT 1 • Project Team • Related Experience • Proposed Services • Project Management Tools Gathering System Development 2007-2012 • $1.5+ Billion Program — 400+ pipeline projects — 17 compressor stations • Program Management (Processes, metrics, reporting) • Project Management • Project Scheduling • GIS Program Development • Permitting CREZ Program 2009 - Present • $1.6+ Billion Program — 850 line miles — Thousands of ROW Parcels • ROW Coordination • Project Coordination • GIS Program Development • Permitting Services • Materials Management • Assisted ONCOR through SB -18 impacts Brushy Creek Project 2011 - Present • $180 million program — 350 miles pipelines — 3 central delivery points • Program management (processes, metrics, reporting) • Project management • Materials management • Project controls using eftilder • Program Management Support • Project Management Assistance • Right of Way Acquisition • DRC /SUP Process • Construction Phase Assistance Project Controls (schedule, budget maintenance) Engineering Support as needed ... � wj n GIS Database 4 . ....... . . . . . ... Administration Project Execution Process Documentation and Development — Increased workload often reveals weaknesses in existing processes — Documenting processes improves efficiency and quality • Establishes standards for work products, helps project teams produce work products in a consistent format • Establishes communications protocols and expectations for task durations — Provides a basis for troubleshooting when something goes wrong Program Level Reporting — Executive level status reports — Program level metrics • Day to day management of project team (ROW, design consultant,, DME staff, environmental, etc.) • Meetings (schedule & facilitate meetings, prepare materials, generate and distribute agenda and minutes) • Prepare and maintain project schedules/budgets • Prepare project status reports • Prepare and maintain critical actions items list 11 d I I I 'I./, OVF AUPROJEC7 COST ----------- 'Z MIM..z. Z.Ilr Nl- IZ, Mm Zl X • Coordinate ROW efforts with DME staff, design consultant, survey, geotech, permitting and environmental team members • ROW scheduling considerations — Prioritization of ROW effort based on project schedule and program objectives — Work with ROW team, report progress, develop "critical path" timeline for acquisitions • Assure with compliance with requirements of SB 18 • Maintain ROW GIS database • Support public involvement process • Pre-acquisition ROW Acquisition Process 5818 services Seimarummtt • Title research .... . .................... . er Visit P, Appraisals .—t ea .ent P.tkg,. mrrnb.� Ott., In�. • Survey permission and right-of-entry rx I +; +; J___ ......... ____ ......... .. ...... Fmallaffirripmer sent rt as Addiftrof Land OwnwVsv rme*4 Wepare petftnt U is ion 4- 04 10 Condemnation support Survey ueit amid Appram$ Relocation 'rode support File Petitiion for Hearang Heading date will vary depending on Court 5chedulle, Hearth statistics (4wawn fm- AveragelOweelts Sidev 4 weeks Mammurni 22 weeks Where Reif and nay he.,6.9, the ave'aCe dWraium as 7 weeka, adev is 4_5 wveweks, a.d enna. of 17 ateeks Hearinj.,: 4zip5s Pat4gkpd 20 —At be rded.nd h..,.g date Nepatiation ccrr6rvues wh�ere reascinable 2 weeks slack to meet our Negal cNigatipon, (30 dwo to Inegotiote and 14 days to respond to FOL) 0 • Support DME to shepherd projects through DRC process — Presentation of overall Program to DRC — Pre - review design consultant(s) submittals — Attend pre - submittal, pre -DRC and DRC meetings — Assist with SUP process for substations • Public involvement support, identify and address issues before formal public hearings • Assist with preparation of materials for formal public hearings • Provide technical assistance to support DME staff during negotiations on imposed conditions (i.e. landscaping /screening, fire suppression, access /traffic control, building materials, sidewalks, etc.) • Scheduling — Prepare and maintain individual project schedules and overall program schedule — Forecast resource needs for ROW, engineering, DRC functions, public involvement, permitting, etc. — Materials forecasts • Cost Control — Budgetary project estimates — Cash flow estimates — Scenario planning based on project timing and funding cycles — Project cost accounting (design, ROW, materials, construction) — Deploy eBuilder Project Management platform (if desired by DME) • Bid Phase Assistance — Pre-bid meeting — Bid document distribution — Pre-bid RFI's, addenda — Tabulate bids, prepare contract documents • Construction Contract administration — Document management — Payment requests, change orders — Project controls (schedule and budget) • Construction management — Pre-work conference — Progress conferences — Project close out IFM ; Illagwm N: P�4Conven -'. Select I ^r arrF� Project Menu 1 Details Forms Processes r i Documertts SchedWe l Cost 6asi Summary Funding S-rcas Budget E7atails Fare_'sts �om� „ame „ts 4d—1 L;n„ts ,�,,,,,, �pi1�„ 61 >Rtrffl>lA(WrlHyydf9v,I1Ri':ar, Ld /HLffrvio�lepiin, �niiii0 ii/ yvJ ',fiy��i'yfy,�pirm�rrlUl��?'�� < «a „la...�. GfG wr.Jea ca•,t 5,rr,r,eV ow Cot Snuiraimary h 1Her- Pend Vg Ap piavr I 1Unfinished IIPraTps [ Data Eiiitry Cosh Summary For 6277 WAL 37 (St l y A 11,, it -d B Financial Summary I ,yout St nd-d L yui.it � .J (Sr-p By Li Jlen� - � Cli& an li rr- ter n e�rnu ?aL, L ..... .... .... ... A - -. ... B .... _... C ..... D AC B Line It Description 55 girxdll Eudlget.” 00:1.401 401- ROW/SURVFP PERMITTING 0000 S.— 4H R;9W /SUR,VEY/PEP,MIT71iG 0.00 00 E 491 490- R0W /SLJRVEY /P €RM1T71NG 0,06 002435' 408- PIPE, VALVES FITTIN:iS 3,486;45.6.00 002443 449 -PIPE, VALVES, F1TT N�5 275,200.00 002451 451 - PIPE, VALVES F14TINSS 360,000.00 6037161 40'-- INS7ALL PIP ELIN17 1127,6'6'0,00 GO3,POE 402- INSTALL PT? ELIN€ 17,500.0(1 6)3.416 410 - INSTALL PIPE LIN E 273,900,90 (103,450 450 -4N STALL PT? 266265.0(1 603.491 EE 49± -1 NSTALL PIP NF NE '1,999,7'17,90 014436 436 - CDP MEASUREMENT 30,1.000.00 005.479 479- SUILISING5 0.00 All a"I1..... 411. Piw- ,iB5PpoiNlt-.AhIn rm it FV, 7otals ''., 4,247,5:51,.00 E F C + D i E Approved Bnudget', Pending Bwtdget', Prpjected Budget C.t¢arcugers * -0 Current Buldget” _ Ch -gaga * Ch'anges ” IPnojectedl Budget'" 00 0.00 0.00 0.00 DAD 0.000 01.100 0.030 0.1,a u,s0 0.00 O.OD 0,00 0.60 0 O 0.00 3,486,466.10 0,00 0.00 3,466,466.00 0.00 275,200.00 0.00 0..00 2:5,200.09 01.00 360,000.00 0,00 0.00 360,DOG ,00 0.00 0,00 0.007 1.'1^7,668,00 0.040 17,5 (10.170 0.000 6.00 17.560.00 O.W) 273,560.00 D.00 Ou0 2;3,900.00 0.010 266,265.176 0.000 6.00 266,265.00 O.QD 1, 999,7 11.00 D.00 Ou0 1,999,717.00 0.(11 40,000.00 0.00 ©.070 111€}0.01) CLOD 0.170 D,00 0.00 0.00 4.00 4,247'.558.00', 0.40 0.00 9247'.568:04 s t Graphical VW eww FN� ._...— Reiact Rea cw ReSUhmil FNI PR FM' FIYI PR 2eiit FN[ Pd FN[ FhJ[ PD ?.Inpravc klvprrare 2e t pPPrmual...... .PPPerrvaX..... APPPmaal... —� Apprmwa9 FAppipvre Approve Relect Relam arUl Cancel.. Valtl AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Water & Wastewater Utilities ACM: Howard Martin, 349 -8232 SUBJECT: Receive a report, hold a discussion, and give staff direction regarding the 2013 Water and Wastewater impact fee study. BACKGROUND: Impact fees provide the means for recovering a portion of the cost of adding capacity to the water and wastewater system to provide service to any new growth that creates new demand. The City of Denton first adopted impact fees for the Water and Wastewater Utilities in 1998. Texas Local Government Code Chapter 395 governs the imposition of impact fees and requires the City to update its impact fees at least every five years. Denton's impact fees were updated in 200' ) and 2008 and another update is required in 2013. Three documents have been produced for the impact fee update: land use assumptions, 10 -year Water and Wastewater capital improvements plans, and an impact fee study. Land use assumptions, prepared by Planning Department staff, include a description of the Water and Wastewater service areas and projections of changes in land uses, densities, intensities, and population in those service areas over the next ten years. Land use assumptions forecast the timing and mix of single family, multi- family and other development in the service area. The land use assumptions incorporated into the 2013 impact fee update are attached as Exhibit 1. The 10 -year Water and Wastewater capital improvements plans (CIP) identify the capital projects and associated costs required to support growth in the service area over the 10 -year study period based on the land use assumptions document, Water and Wastewater demand forecasts, hydraulic modeling, and the Water and Wastewater master plans. A memo prepared by engineering consultant Freese and Nichols describes the calculations used in the 10 -year Water Capital Improvements Plan and is attached as Exhibit 2. The 10 -year Wastewater Capital Improvements Plan prepared by staff is attached as Exhibit 3. Impact fee consultant Duncan and Associates used these documents to prepare the 2013 Water and Wastewater impact fee study. This study calculates the costs to provide a new customer with water or wastewater service, which become the maximum impact fee amounts allowed under Chapter 395. The Council may choose to collect Water and Wastewater fees at any amount up to the maximums set by the impact fee study. The 2013 impact fee study is attached as Exhibit 4. Both the Water and Wastewater service areas are currently divided into two zones that have different impact fees reflecting the differing cost of service for those areas. The impact fee study also considered adding an infill zone in response to the Council's desire to encourage infill development. Maps showing the existing Water impact fee zones, the existing Wastewater impact fee zones, and a possible infill zone are attached as Exhibit 5. WATER SUMMARY: The maximum calculated impact fees along with recommendations from staff, the PUB, and the CIAC are summarized below. The staff recommendation incorporates several factors. First, inflation has increased construction costs about 14 percent since 2008 while impact fees have been static since then. Second, because impact fees and rates are major sources of revenue, adjusting one affects the other. Staff considered this link as well as how Denton's rates and impact fees compare to comparable cities. Third, Water impact fees were not adopted at the maximum level in 2008. The staff recommendation seeks to balance these factors to provide reasonable impact fees along with reasonable rates. On August 26 the Public Utilities Board passed a Water impact fee recommendation to add an infill zone and set fees at the revised staff - recommended levels of $3,100 for Zone IA (the new infill zone), $3,900 for Zone 1B (the rest of the existing Zone 1), and $4,500 for Zone 2. On September 11, 2013, the Capital Improvements Advisory Committee passed a Water impact fee recommendation to add an infill zone but to set fees at the original staff - recommended levels of $2,700 for Zone IA (the new infill zone), $4,100 for Zone 1B (the rest of the existing Zone 1), and $4,900 for Zone 2. CIAC members stated that they wish for new customers to pay for the cost of their impact rather than that cost being borne by ratepayers, and that a lower impact fee for Zone IA would encourage infill development. Water Impact Fee Recommendations without Infill Zone Max Impact Fee Revised Staff Recommendation 7nnP 1 7nnP 7 S -1,593 S5,753 $3,800 $4,500 Staff also produced recommended fee levels for an infill zone in addition to the current Water impact fee zones. This staff recommendation was also revised to incorporate the PUB and CIAC comments discussed above. Both the PUB and CIAC recommend adoption of an infill zone for the Water impact fees only. Water Impact Fee Recommendations with Infill Zone Zone IA (infill) Zone 1B (rest) Zone 2 Max Impact Fee 53,167 S5,250 S5,753 Revised Staff Recommendation $3,100 $3,900 $4,500 PUB Recommendation $3,100 $3,900 $4,500 CIAC Recommendation $2,700 $4,100 $4,900 WASTEWATER SUMMARY: The maximum impact fee calculated in the study for each zone, as well as the staff, PUB, and CIAC recommendations are summarized below. Wastewater Zone 2, covering north Denton, has not experienced customer growth and is not expected to be developed within the next five to seven years. Combining the current Zone 1 and Zone 2 will simplify administration of fees while recognizing that little to no impact fee revenue and no impact fee - eligible capital expenditure is likely to occur in Zone 2 in the near future. Wastewater Impact Fee Recommendations without Infill Zone Combined Zone 1 and Zone 2 Max Impact Fee S2,851 Staff Recommendation $2,200 PUB Recommendation $2,200 CIAC Recommendation $2,200 The staff recommendation if Council wishes to adopt an infill zone for Wastewater also includes consolidation of the rest of the existing Zone 1 with Zone 2. Wastewater Im Max Impact Fee Staff Recommendation Fee Recommendations with Infill Zone Zone IA (infill) Zone 1B (rest of Zone l+ Zone 2) S 1, 285 S3,37-1 $1,285 $2,400 On August 26, 2013, the Public Utilities Board passed a Wastewater impact fee recommendation to combine the existing Zone 1 and Zone 2, not create an infill zone, and set the fee at the staff - recommended level of $2,200 for the combined Zone 1 and Zone 2. On September 11, 2013, the Capital Improvements Advisory Committee also passed a Wastewater impact fee recommendation to combine the existing Zone 1 and Zone 2, not create an infill zone, and set the fee at the staff - recommended level of $2,200 for the combined Zone 1 and Zone 2. OPTIONS: For Water 1. Adopt impact fees at the maximum amount calculated in the impact fee study 2. Adopt impact fees at the level recommended by the Public Utilities Board 3. Adopt impact fees at the level recommended by the Capital Improvements Advisory Committee A. Continue with the current 2 -zone fee system B. Adopt a 3 -zone fee system including an infill zone in the center of the city For Wastewater 1. Adopt impact fees at the maximum amount calculated in the impact fee study 2. Adopt impact fees at a level recommended by the Public Utilities Board and the Capital Improvements Advisory Committee A. Continue with the current 2 -zone fee system B. Adopt a 3 -zone fee system including an infill zone in the center of the city C. Adopt a combined Zone 1 and Zone 2 with no infill zone as recommended by staff, the Public Utilities Board, and the Capital Improvements Advisory Committee RECOMMENDATIONS: For Water There is no staff recommendation on whether to adopt an infill zone for Water. Staff recommends adoption of Water impact fees at the levels of $3,800 for Zone 1 and $4,500 for Zone 2. If an infill zone is adopted, staff recommends fees at the levels of $3,100 for Zone IA (the new infill zone), $3,900 for Zone 1B (the rest of the existing Zone 1), and $4,500 for Zone 2. The Public Utilities Board passed a Water impact fee recommendation to add an infill zone and to set fees at the revised staff - recommended levels of $3,100 for Zone IA (the new infill zone), $3,900 for Zone 1B (the rest of the existing Zone 1), and $4,500 for Zone 2. The Capital Improvements Advisory Committee passed a Water impact fee recommendation to add an infill zone but to set fees at the original staff - recommended levels of $2,700 for Zone IA (the new infill zone), $4,100 for Zone 1B (the rest of the existing Zone 1), and $4,900 for Zone 2. For Wastewater Staff recomends combining the existing Zone 1 and Zone 2 and not creating an infill zone for Wastewater. Staff recommends setting the Wastewater fee at $2,200 for the combined Zone 1 and Zone 2. The Public Utilities Board passed a Wastewater impact fee recommendation to combine the existing Zone 1 and Zone 2, not create an infill zone, and set the fee at the staff - recommended level of $2,200 for the combined Zone 1 and Zone 2. The Capital Improvements Advisory Committee also passed a Wastewater impact fee recommendation to combine the existing Zone 1 and Zone 2, not create an infill zone, and set the fee at the staff - recommended level of $2,200 for the combined Zone 1 and Zone 2. EXHIBITS: 1. Land Use Assumptions 2. Water 10 -year CIP memo 3. Wastewater 10 -year CIP 4. 2013 Water and Wastewater impact fee study 5. Maps of Current Water and Wastewater impact fee zones and a possible infill zone 6. Approved PUB minutes August 12, 2013 7. Draft PUB minutes August 26, 2013 8. Draft CIAC minutes September 11, 2013 Respectfully submitted: Howard Martin ACM, Utilities Prepared by: Joel Nickerson Exhibit 1 LAND USE ASSUMPTIONS Introduction These Land Use Assumptions have been developed as the basis for the preparation of an impact fee ordinance for system -wide water and wastewater capital improvements according to the requirements of State Law. Impact fees must be developed in accordance with Chapter 395 of the Texas Local Government Code. In the State Code, at 395.001(5), "Land Use Assumptions" must include a description of the service areas and projections of changes in land uses, densities, intensities, and population in the service area over at least a ten -year period. The state law requirements for land use assumptions are summarized as follows: 1. Land use assumptions as defined by Section 395.001(5); 2. Time period of projections 3. Description of general nature potential capital improvement facilities; and 4. An easily understandable map of the service areas. These over -all growth forecasts for the City are reflected in the Land Use Assumptions for the City's Water and Wastewater Certificate of Convenience and Necessity (CCN) service areas. A CCN must be approved by the Texas Natural Resources Conservation Commission (TNRCC) before services may be provided to properties within the designated area. The water and wastewater service areas include all of the area within the City plus different areas of the City's Extra - territorial Jurisdiction (ETJ). The wastewater service area includes an area larger than the water service area. Map showing these service areas are attached as Exhibit A (Wastewater) and Exhibit B (Water). The ten -year planning horizon used in developing the Land Use Assumptions is 2013 -2023. Growth projections presented in this report are based on assumptions used in the Growth Management Strategies of the North Central Texas Council of Governments (NCTCOG) and the current trends. The forecast projects an average of 1.5 to 2.0 percent annual increase in population from 2013 through 202' ) within the City of Denton, see Exhibit C. The product of these land use assumptions will be applied to a projected ten -year Capital Improvement Program (CIP) for the City's water and wastewater treatment facilities to develop an impact fee that can be assessed to future development. The impact fee will reflect the "fair share" of the cost of eligible water and wastewater capital improvements that will directly benefit new development within each service area. Methodology Land Use Assumptions will be developed to project new Residential and Non - Residential development anticipated to occur from 2013 -2023. ■ Estimated residential development is stated in terms of the number of new housing units. The number of projected housing units is directly related to the type of housing. According to NCTCOG, the estimated persons per housing unit, by type, are 2.63 persons per single family housing unit and 1.80 persons per multi- family unit. 1 ■ Estimated non- residential development is stated in terms of square feet of development and is primarily related to change in population, but also reflects local and national standards for ratios of land use within communities. Projected non- residential development is forecast for commercial, industrial, and civic land uses. Civic land uses include institutions such as schools, universities, government facilities, churches, parks, streets, and other infrastructure. ■ Residential housing units and non- residential development in square feet will be converted to demand for water and wastewater service and applied to the CIP. 2 Exhibit A: Map showing Wastewater CCN Exhibit B: Map showing Water CCN Exhibit C: Table 1: Population projections for 2010- 2023 Year Estimated Percent COD Water Water Waste Waste COD Change Population Service Service Water Water Population COD Fiscal Population Connected Service Service Population Year Population Population Connected Fiscal Population Year Fiscal Year 2010 113,383 2011 114,517 1.0 113,372 117,380 116,206 116,807 115,639 2012 115,662 1.0 114,505 118,554 117,368 117,975 116,795 2013 117,397 1.5 116,223 120,332 119,129 119,745 118,547 2014 1 119,158 1.5 117,966 122,137 120,915 121,541 120,326 2015 120,945 1.5 119,736 123,969 122,729 123,364 122,131 2016 122,759 1.5 121,532 125,215 123,962 124,601 123,355 2017 124,601 1.5 123,355 127,093 125,822 126,470 125,205 2018 127,093 2.0 125,822 129,635 128,338 128,999 127,709 2019 1 129,635 2.0 128,338 132,227 130,905 131,579 130,263 2020 132,227 2.0 130,905 134,872 133,523 134,211 132,869 2021 134,872 2.0 133,523 137,569 136,194 136,895 135,526 2022 137,569 1 2.0 1 136,194 1 140,321 1 138,918 1 139,633 1 138,237 2023 140,321 1 2.0 1 138,918 1 143,127 141,696 142,426 141,001 Note 1: 2010 U.S. Census Bzireazi data iltili_ed for bask year. Note 2: The area marked in the attached map, made by the Utilities Department, goes beyond the city limits bzit does not cover the whole 3 -mile ETI; the boundaries in the map were drawn zisinti TVzones. The Con2Prehensive Plan of the City clfDenton inclildes the ETI area in their study area; hence the Planning Department finds it essential to refer to their land zise assun2Ptions zisinti the ETI area. Note 3: Water Service Population is calculated as 2.5% higher than COD fi °on2 2013 to 2013, decreasing to 2.0 %higher than COD from 2016 to 2023. This was derived by the Utilities Department. Note 4: Waste Water :Service Population is calculated as 2.0% higher than COD fi °on2 2013 to 2013, decreasing to 1.5 %higher than COD from 2016 to 2023. This was derived by the Utilities Department. Note 3: The water and wastewater service Populations are adjusted to account for the difference in calendar year versus, fiscal year estimates and further adjusted to reflect that not all Population in the service areas will actually be served. A. RESIDENTIAL LAND USE ASSUMPTIONS To estimate the number of new housing units expected as a result of forecast changes in population it is necessary to state assumptions about the following: ■ Estimated population expected within the water and wastewater service areas; ■ Estimated mix of housing units — single family as compared to multi- family; ■ Estimated percentage of population that will live in single family housing units compared to the percentage that will live in multi- family housing units; ■ Estimated persons per housing unit for single - family and multi - family housing units; and ■ Changing trends in these demographic factors over time. A (i) CURRENT CONDITIONS It is important to understand the current conditions with respect to each of these residential land use assumptions: ■ The estimated 2013 population for the City is 117,397. The estimated 2013 connected population (fiscal year) for the water service area will be 119,129 and 118,547 for the wastewater service area. ■ According to Building Permit data, as of October 2012 the City of Denton had 26,025 single - family housing units and 18,882 multi- family and other units. That amounts to 58% single family units and 42% multi- family units. ■ According to NCTCOG, the estimated persons per housing unit, by type, are 2.63 persons per single family housing unit and 1.80 persons per multi- family unit. ■ Single - family includes one -unit detached and attached and 2 units (duplexes). ■ Multi- family includes three or more units and mobile homes. h A (ii) PROJECTED CONDITIONS Following are the factors used to derive an estimate of the number of new housing units for the period 2013 through 2023. 1. When the Denton Comprehensive Plan 1999 -2020 was adopted in December of 1999, 49% of the housing was single family and 51% was multi- family and others. It is one of the growth strategy assumptions outlined in the Comprehensive Plan to change that ratio to 60% single - family housing and 40% multi - family housing by the year 2020. From 1999 to 2006, the numbers of single family dwelling units increased at a rapid rate, such that by the year 2006 the ratio of single family to multi - family had reach the 60:40% ratio. During the following years since 2008, the number of single - family units receiving permits dropped significantly while the number of multi- family units receiving permits steadily increased. As such, as of December 2012, the number of single family units was 26,066 and the number of multi- family units was 18,882 (58% single family units and 42% multi- family units). 2. Based on the NCTCOG Household Forecast, the 60:40% ratio Comprehensive Plan goal between single family and multi- family units, it is estimated that single - family housing units will increase to 36,638 units and that multi- family housing units will increase to 24,425 units in 2023. 7 Table 2: Estimated number of housing units by type Year Number of SF Units % of SF units % Change of SF Number of MF units & other % of MF units % Change of MF 2012 26,066 58% 18,882 42% 2013 26,987 58% 3.52 19,542 42% 3.52 2014 28,417 59% 3.52 19,748 41% 3.52 2015 29,417 59% 3.52 20,442 41% 3.52 2016 30,968 60` %o 3.52 20,645 40` %o 3.52 2017 32,057 60% 3.52 21,371 40% 3.52 2018 33,184 60% 3.52 22,123 40% 3.52 2019 33,848 60% 2 22,565 40% 2 2020 34,525 60% 2 23,017 40% 2 2021 35,215 60% 2 23,477 40% 2 2022 3 5,92 0 60% 2 23,946 40% 2 2023 36,638 60% 2 24,425 40% 2 Note 1: 2012 housing data is derived using Housinti Activity pern2it data. Note 2: Single- Family AwIling: A detached residential unit other than a nianufactttred hone, hotel or motel, desi tined for and occupied by one family only. Note 3: Multi - Family AwIling: A structure or portion desi tined for three or more dwelling units or for occupancy by tnentbers of a fi °aternity or sorority, or by three or more boarders or roomers. 2. Based on the NCTCOG Household Forecast, the 60:40% ratio Comprehensive Plan goal between single family and multi- family units, it is estimated that single - family housing units will increase to 36,638 units and that multi- family housing units will increase to 24,425 units in 2023. 7 Table 3: Estimated population by household type YEAR SINGLE FAMILY POPULATION MULTI - FAMILY POPULATION TOTAL 2018 87,272 39,821 127,093 2023 96,355 43,966 1403321 3. Based on the estimated number of housing units by type listed in Table 2 and the NCTCOG's estimated persons per housing unit, by type, of 2.63 persons per single family housing unit and 1.80 persons per multi- family unit, it is estimated that the population living in single - family housing will increase to 96,355 and 43,966 for multi- family in 2023. Table 4: Estimated persons per unit and units per acre (density) YEAR SINGLE FAMILY MULTI - FAMILY 2011 2.63 per unit & 1.80 per unit & 3 units /acre 19 units /acre 2023 2.63 per unit & 1.80 per unit & 3 units /acre 19 units /acre Note 1: According to NC'TC'OG, the estimated persons per housing unit, by type, are 2.63 persons per ,single family housing unit and 1.80 persons per nizr In- family zrnit. Note 2: One of the Denton Plans Growth Manatiennent assumption is that citjwide the average density for single fantly developnnent will be three (3) units Per gross acre and that citjwide the average density for niulti- family clevelopnient will be fmi-teen (14) units per gross acre. Note 3: After conducting an existing land use analysis and researching current nizrlti- family developnnent trend's, it is snore likely that the citjwide average density for nizrlti- family developnnent will be nineteen (19) units per gross acre. 4. The intensity of residential land use is indicated by the number of persons per housing unit. The local and national trend toward smaller households is expected to continue. Applying each of these factors to the forecast population for water and wastewater service areas yields the estimated number of housing units for the period 2013 through 2023, see Table 5 below. 8 Table 5: RESIDENTIAL LAND USEAS:SUMPTIONS CHARACTERISTIC WATER CCN WASTE WATER CCN SERVICE AREA SERVICE AREA 2013 2023 Change 2013 2023 Change Connected Population 119,129 141,696 22,567 118,547 141,001 22,454 Fiscal Year Single- Fan2il , Units 25,878 31,842 5,964 25,752 31,686 5,937 Mzrlti- Fannily Units 18,739 21,2281 2,488 18,648 21,124 2,476 Total number of 44,618 53,070 8,452 44,400 52,809 8,410 Housing units Note]: The total mIn ber of hozrsinti zrnits was derived zrtili_inti the population protections in Table I and the N(-'T(-'O(; estimate persons per residential zrnit of 2.67. The mnnber of sintile- falniljd zrnits is 60 percent clf tl e total mnnber ofhortsinti zrnits. The mnnber of nnniti- fannily� zrnits is 40 Percent clf the total nznnber ofhortsinti zrnits. B. NON - RESIDENTIAL LAND USE ASSUMPTIONS To estimate the amount of commercial, industrial and civic development expected as a result of forecast changes in population it is necessary to state assumptions about the following: • estimated population expected within the water and wastewater service areas; • ratio of developed land by type of land use, in the city and from national studies • estimated land use of non- residential land uses to residential land use • estimated ratio of non- residential land uses to residential land use • estimated floor area per acre of non- residential land uses; and • changing trends in these land use factors over time. 9 B (i) CURRENT CONDITIONS It is important to understand the current conditions with respect to each of these non- residential land use assumptions: • In 2000 NCTCOG published the following land uses data for the City of Denton. No new land use data after 2000 has been published by NCTCOG. Using existing land use GIS data available in February 2008 and in February 2013, the Planning Department calculated the land developed in acres and the percent of land developed for each land use. Table 6: Existing Land Use within the City of Denton 2000 2008 2013 Land developed in (acres) % of developed land Land developed in (acres) % of developed land Land developed in (acres) % of developed land Residential 5,906 3 6.9 3 8,524 31.67 11,724 20.76 Single FanidY 4,988 3 1. 19 7,512 27.91 8,429 14.93 Mzrlti- Fannily 918 5.74 1,012 3.76 978 1.73 Other - - - - 2,318 4.10 Farm /Ranch - - - - 2,722 4.82 Agriculture - - - - 26,182 46.37 Commercial 1,217 7.61 2,538 9.52 5,130 9.09 Industrial 1,025 6.41 811 2.93 930 1.65 Institutional 878 5.49 2,797 1039 1,408 2.49 Religious - - - - 310 0.55 Infrastructure 6,051 3 7.8 4 - - 763.8 135 Parks & Flood Plain 720 4.50 844 3.14 988 1.75 Under Construction 116 0.73 - - - - Water 78 0.49 - - Government - - - - 785 139 Transportation - - - - 246 0.44 Other (Misc.) - - 11,439 42.35 5,277 934 Total Developed 15,991 100.00 26,956 100.00 56,467 100.00 Vacant 24,354 28,826 3,076 Total 40,345 55,782 59,541 The following is a definition of each land use type listed above: Single Family One family detached units and duplexes. Multi - Family Structures with three or more separate units such as apartment complexes, townhouses and condominiums. Other Residential Mobile homes (inside mobile home parks and free - standing units), group quarters or nursing homes, orphanages, college dormitories, jails, military base personnel quarters. Industrial Manufacturing plants, warehouses, office showrooms, etc. 10 Commercial All office structures and retail buildings, shopping centers, department stores, repair shops, supermarkets, restaurants, hotels and motels, amusement parks, and large stadiums. Institutional Churches, governmental facilities, museums, schools, hospitals, medical clinics, libraries, military bases, county jails. Infrastructure All roads, airports (including terminals and runways), railroads, radio and television communication stations, truck terminals, sewage treatment and power plants, sanitary landfills, power line easements, pump stations, water treatment plants, waste management facilities, and water systems. Government Land owned by government. Includes government owned land that is kept vacant /undeveloped and used for drainage. Parks & Flood Plain All public and private parks, golf courses, cemeteries, tennis courts, swimming pools, and zoos, plus major flood control structures, levies and flood channels. Under Construction Land that has undergone site preparation and construction has begun. Water All water bodies. Transportation Areas taken up by a private or public road or railroad Vacant Undeveloped land plus parking lots and garages. Total acres All land and water acreage within the city. Within the City of Denton and assuming that there were no housing units located on land specified as non- residential use, the following is estimated: Table 7: 2000, 2008 and 2013 ,Vummaiy of Existing Land Use HOUSING TYPE 2000 2008 2013 Units Acres Units/ Acre Units Acres Units/ Acre Units Acres Units/ Acre SINGLE FAMILY 17,276 4,988 3.46 25,189 7,512 3.35 26,987 8,429 3.20 MULTI - FAMILY 15,477 918 16.86 16,793 1,012 16.59 19,542 978 19.98 OVERALL 32,753 5,906 5.54 41,982 8,524 4.93 46,529 9,407 4.95 11 The following table describes the area in acres and percentage of zoned area of each zoning district: Table 8: 2013 Vnnimmny of Zoning Classification Zoning Classification Area in Acres % of All Zoned Area A 46.58 - 0.08 CM -E 230.82 0339 CM -G 1,127.93 1.9 DC -G 1,476.74 2.48 DC -N 37.70 0.06 DR -1 127.09 0.21 DR -2 578.85 0.97 EC -C 883.04 1.48 EC -I 1,198.11 2.01 IC-E 1,391.78 234 IC-G 3,720.67 6.25 MF -1 0.41 0.0007 MPC 9,041.83 15.2 NR -1 671.16 1.13 NR -2 7,425.66 12.48 NR -3 3,802.18 639 NR -4 4,831.83 8.12 NR -6 1,322.27 2.22 NRMU 1,154.28 1.94 NRMU -12 1,198.86 2.02 PD 5,386.68 9.05 RCC -D 1,923.13 3.23 RCC -N 1,040.97 1.75 RCR -1 5 7 4. 3 3 0.97 RCR -2 47.05 0.08 RD -5 10,249.65 17.23 Note 1: Acreage is based on GIS data available as of.Ianumy 2013. The following is a description of each zoning district: Rural Residential (RD -5) These are areas of very low density residential development and agricultural lands. Rural Commercial (RC) These areas are the locations of small rural commercial operations such as general stores, established "Fruit Stands" and places where some hand made goods can be purchased. 12 Neighborhood Residential 1 (NR -1) These areas are a prominent feature of Denton's newest neighborhoods while protecting existing neighborhoods. Residential densities in these areas average one home per acre. Neighborhood Residential 2 (NR -2) Primarily residential development. Residential densities in these areas will average two homes per acre. Neighborhood Residential 3 (NR -3) The predominant zoning category of residential development in Denton. Residential densities in these areas will average three homes per acre. Neighborhood Residential 4 (NR -4) Primarily residential with some allowances for duplex - style development. Residential densities in these areas will average four homes per acre. Neighborhood Center Residential 6 (NR -6) These areas will be a prominent feature of Denton's newest neighborhoods while protecting existing neighborhoods. They focus on the heart of the neighborhood and encourage an appropriate mix of housing types with some supportive commercial uses. Typically expect to see about six houses per acre of land. Neighborhood Residential Mixed Use 12 (NRMU -12) Mixed use development intended to preserve and protect existing neighborhoods and to ensure that any new infill development is compatible with existing land uses, patterns, and design standards. This category allows low to moderate intensity multi - family housing. Residential densities in these areas average twelve units per acre. Neighborhood Residential Mixed Use (NRMU) The heart of the Neighborhood Center. Appropriately designed neighborhood- oriented retail, office and service development with allowances for townhomes, civic uses and limited multi -story apartments. and This category will be home to moderate and higher intensity multi - family housing. Community Mixed Use General (CM -G) These areas provide the necessary shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. This use category contain buildings ranging from one to three stories with at least 20% of each property being landscaped. Community Mixed Use Employment (CM -E) These areas will provide the necessary, services, employment and institutional facilities that are required and supported by the surrounding community. This use category will contain buildings ranging from one to three stories with at least 20% of each property being landscaped. These areas may contain locations for new office blocks and campus —style office development. Downtown Residential (DR -1) These areas represent the traditionally residential portions of downtown. In the future expect to see more new residential projects. Downtown Residential (DR -2) These areas also represent the traditionally residential portions of downtown. In the future expect to see more new residential projects with slightly higher density standards. In these areas buildings may reach up to three or four stories in height. Downtown Commercial General (DC -G) This is the central core of downtown Denton. The setting is urban with much activity. With broad sidewalks and buildings oriented to the street, all 13 the downtown land use categories will help to create and enhance an inviting urban environment. In these areas buildings may reach up to eight stories in height. Downtown Commercial Neighborhood (DC -N) These areas, slightly less intense than the Downtown Commercial General, are also an urban setting containing a mix of jobs and housing. In these areas buildings may reach up to five stories in height. Regional Center Residential 1 (RCR -1) These regional centers are designed to create focal point of community activity including shopping, services, recreation, employment and institutional facilities. These more intense residential areas will contain a wealth of supportive shops and services. They are an important component for the local neighborhood as well as an entire region. Regional Center Residential 2 (RCR -2) These regional centers are designed to create focal point of community activity including shopping, services, recreation, employment and institutional facilities. The setting in this area is urban, containing a mix of jobs and housing both within the same buildings and nearby with a focus on multi - family housing. In these areas buildings may reach up to four stories in height. Regional Center Commercial Neighborhood (RCC -N) This type of regional center stresses the importance of neighborhood scale retail and commercial uses. As in the other Regional Center areas here you will find activities including shopping, services, recreation, employment and institutional facilities. In these areas buildings may reach up to five stories. Regional Center Commercial Downtown (RCC -D) These centers will serve as major commercial hubs for Denton. These areas of much commercial activity will serve the entire region. In these areas buildings may reach up to eight stories in height. As in the other Regional Center areas here you will find activities including shopping, services, recreation, employment and institutional facilities. Employment Center Commercial (EC -C) These are areas that provide locations for a broad variety of workplaces and complimentary uses. In general there is a focus on office and professional businesses in this land use category. Employment Center Industrial (EC -1) The purpose of these areas is to provide locations for a variety of workplaces and complimentary uses. In general there will be slightly more light manufacturing and low impact industrial uses in this land use category than EC -C. Industrial Center Employment (IC -E) This area has many of the same work processes and employment types as Industrial Center General such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations with the inclusion of more amenities added which include hotels, motels, and recreation facilities. Industrial Center General (IC -G) These areas can be characterized as containing a variety of work processes and employment such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. 14 Planned Development (PD) These are master planned developments that have to meet higher standards of scrutiny through the development process. Details of developments within PD districts will go before the P &Z Commission and the City Council. Multi - Family -1 (MF -1) Multi - family district designated as a holdover by Council action February 5, 2002. Agricultural (A) Recently annexed property into the city limits of Denton. Current zoning is designated as Agricultural pending future zoning case. • Applying the area of each type of non- residential land use to residential land use and multiplying by the number of housing units per acre of land, a ratio expressed in the number of housing units needed to support an acre of commercial, industrial and civic land use can be developed, see Table 9 below. Table 9: 2000 Land Development Rate Year Commercial Industrial Civic Housing units needed to Institutional 2008 27.91 support an acre of land 23.7 24.9 6.78 For calculating intensity, practical development intensity has been a floor area ratio of 0.25 for commercial and 0.40 for industrial land uses. For comparison purposes, in the Denton Development Code, two zoning districts that serves to provide the necessary shopping, services, recreation, employment and institutional facilities are Community Mixed Use General (CM -G) and Community Mixed Use Employment (CM -E). The maximum floor area ratio for CM -G is 1.5 and for CM -E is 0.75. Similarly, two zoning districts that serve to provide locations for a variety of work processes and employment such as manufacturing, warehousing and distribution and a wide range of industrial operations are Industrial Center Employment (IC -E) and Industrial Center General (IC- G). The maximum floor area ratio for IC -E is 0.75 and for IC -G is 0.40. B (ii) PROJECTED CONDITIONS 1. It is assumed in the Comprehensive Plan that the mix of residential, commercial and institutional land uses will be approximately the same as currently exists while industrial land uses will be higher. It is estimated that between 2008 and 2023 the percent of develop land by land use will increase 2% annually. Table 10: Estimated Percent of Developed Land Year Single family Multi - family Commercial Industrial Institutional 2008 27.91 3.76 9.52 2.93 1039 2013 30.81 4.15 10.51 3.23 11.47 2018 34.02 4.58 11.6 3.57 12.66 2023 37.56 5.06 12.81 3.94 13.98 15 2. Single family residential housing will continue to develop at a rate of 3 units per acre and multi- family residential housing will develop at a rate of 19 units per acre. 3. The density of non- residential land use is indicated by the relationship between residential and non- residential land used. As residential and non- residential development in the water and wastewater service areas increase in density, the number of housing units required to support an acre of non- residential land use can be expected to increase between 2008 and 202' ) by half a point (0.5) every 5 years. Table 11: Estimated Non - Residential Land Development Rate (Hozrsing zrnits per acre ofnon- residential land') Year Commercial Industrial Civic 2000 23.7 24.9 6.78 2008 24 25 7 2013 24.5 25.5 7.5 2018 25 26 8 2023 25.5 26.5 8.5 4. The intensity of non- residential land use is indicated by the amount of floor area developed per acre of land, a practical development intensity has been a floor area ratio of 0.25 for commercial and 0.40 for industrial land uses. It can be reasonable to expect that commercial, industrial, and civic intensity of land use will increase by approximately two percent (2 %) annually. 16 Table 12: Estimated Non - Residential Land Development Rate (Percent of floor area per acre of non- residential land') Year Commercial Industrial Civic 2008 25 40 4.5 2013 27.60 44.16 4.96 2018 30.47 48.75 5.48 2023 33.64 53.83 6.05 16 Applying each of these factors above to the forecast population and housing units for water and waste water service areas, yields the estimated amount of non- residential development for the period 2013 through 2023. Table 13: NON - RESIDENTIAL LAND USEAS:SUMPTIONS CHARACTERISTIC WATER CCN SERVICE AREA WASTE WATER CCN SERVICE AREA 2013 2023 Change 2013 2023 Change Connected Population Fiscal Year 119,129 141,696 22,567 118,547 141,001 22,454 Housing units 44,618 53,070 8,452 44,400 52,809 8,410 Land Use (Acres) Connnnercial 1821.14 2081.18 260.03 1812.24 2070.94 258.70 Indilstrial 1749.73 2002.64 252.92 1741.18 1992.79 251.62 Civic 5949.07 6243.53 294.46 5920.00 6212.82 292.82 Floor Area (million s are feet) Connnnercial 21.89 30.50 8.60 21.79 30.35 8.56 Indilstrial 33.66 46.97 13.31 33.49 46.74 13.24 Civic 12.85 16.45 3.60 12.79 16.37 3.58 17 EXHIBIT 2 2013 Clear Creek Basin Land Use Assumptions Land Use Assumptions Phase I Development Area The Phase I service area incorporates land already designated in the Denton Plan as an urbanized area, and land that was originally designated as "Rural Areas." Of the 11,500 acres that snakes up the Phase I service area, roughly half (5,751 acres) lies within the designation of "Rural Areas." Phase I Area Futnre Land Use Plan Adopted -1999 The construction of the wastewater treatment facility and transmission lines will enable land within Phase I to be serviced regardless of the property's location within or outside the Comprehensive Plan's urbanizing area. Therefore it is conceivable that within the 202' ) year timeframe, some development may occur within the currently designated Rural Areas. By assigning Neighborhood Centers to the Rural Areas of Phase I, Denton increases the ability to proactively plan for development patterns which will achieve the policies as stated in the Denton Plan. Development within Neighborhood Centers has the potential to include agricultural uses, one -acre residential development, and specifically sited higher density housing and neighborhood- oriented retail /office uses which complement and provide services to the neighborhood. It is assumed that in the Neighborhood Centers 70% of its land will be developed for residential uses, 20% will be developed for commercial uses, 10% will be developed for civic and recreational uses. (Civic uses include schools, libraries, police and fire stations, and parks and greenways) Phase I Proposed Futnre Land Use Areas Influences to Land Use Patterns of Phase I There are many possible build -out scenarios for the land within Phase I depending on the timing of major transportation and development projects. Currently, market pressure for development is occurring within areas with easy transportation access. Arterials such as FM2165 (North Locust), FM 426 (Sherman Drive), and the future extension of Bonnie Brae north will most likely need to be increased in capacity to handle future traffic demand. In addition to current transportation linkages within this area, the North Texas Tollway Authority, responsible for the construction and maintenance of the Dallas North Tollway has begun studies for a future extension of the tollway to reach north Denton County. The possible inclusion of an alignment of the Tollway will affect how future projections for this area may be developed. In 2007, the Planning and Development Department processed the first Master Plan Community (MPC) called the Hills of Denton and was approved in July 2007. The future development of the Hill of Denton MPC will increase the housing and economic growth to the area. The Hills of Denton MPC is approximately 2,100 acres located north of Loop 288, west of Locust, south of Milam and east of I- 35. The development consists of single- and multi - family housing, commercial retail and office, a town center and various public amenities. The Hills of Denton MPC phasing plan show a commencement date of 2009 with a completion date during the next 20 to 25 years. As of February 2013, no activity has commenced. Development of the University of North Texas' North Campus site at US 77 and Loop 288, may induce associated interest in retail and services within the surrounding Regional Mixed Use centers to accommodate the employment population the site will generate. There are chances that UNT may acquire some property for multi- family apartments or dormitories. The Growth Management Strategy assumptions in the Denton Plan state that residential land area mix at 60% single family housing units and 40% multi- family, by the year 2020 for the whole city. Achievement of that policy may be obtained by having in these areas the total number of projected housing units split as 70% single family units and 30% multi- family units. It is anticipated that Phase I -B would not develop much until it is provided with water services. Even though presently Phase I -C also does not have water services, it might be easier to extend water lines 2 for that area from new water lines extending from the Lake Ray Roberts Water facility along Sherman Drive and so there are more chances of development occurring in Phase I -C. Phase I -A is included in both water and wastewater service area, hence it is prime for development. It is assumed that Phase 1- A and Phase 1 -C would experience significant growth when areas in the southern section of Denton reach development capacity. Population Projections For Phase I Study Area Clear Creek Basin Study Vnbareas Land Use Assumptions for Phase I -A • The development of the Hills of Denton MPC will commence in 2020. • The Hills of Denton MPC property was recently purchased and is under a common ownership. The owner's need or desire to develop is unknown. Therefore development may not occur within the next five years. • It is estimated that 150 total housing units will be constructed in the Phase I -A area in 2020, increasing to 450 housing units by 2023. 4 Table 1: Population Projections for Phase I -A Year Projected Housing Units Total Housing Units Projected Population Population due to the projected units Total Population % Increase in Population SF MF SF MF 2012 1187 2013 0 0 0 0 0 0 1187 0.00 2014 0 0 0 0 0 0 1187 0.00 2015 0 0 0 0 0 0 1187 0.00 2016 0 0 0 0 0 0 1187 0.00 2017 0 0 0 0 0 0 1187 0.00 2018 0 0 0 0 0 0 1187 0.00 2019 0 0 0 0 0 0 1187 0.00 2020 150 0 150 395 0 395 1582 24.94 2021 250 0 250 658 0 658 2239 2937 2022 450 0 450 1184 0 1184 3423 3 4.5 8 2023 450 0 450 1184 0 1184 4606 25.69 Note: • In the above table, popzrlation has been calczrlated zrsing one of the growth strategy asszrnnptions that according to NCTCOG the ninnber of persons per Single Fan ily Unit wozrld be 2.63 and ninnber of persons perMzrlti- Fannily Unit be 1.80. • Estinnated popzrlation in 2012 was calczrlated zrsing 2005 estimated NCTCOG popzrlation data and City ofDenton percent anmial groij,th rate. 4 Land Use Assumptions for Phase I -B +� Until there is water service provided in this area, it will experience negligible growth. ■ It is estimated that the subject area would experience some growth. Development pressure will demand water and wastewater services. • It is estimated that an average of 25 total housing units will be constructed in the Phase I -B in 2020, increasing to 100 housing units by 2023. Table 2: Po ulation Projection for Phase I -B (Designated Nei hborhood Centers) Year Projected Housing Units Total Housing Units Projected Population Population due to the projected units Total Population o �O Increase in population SF MF SF MF 2012 221 2013 0 0 0 0 0 0 221 0.00 2014 0 0 0 0 0 0 221 0.00 2015 0 0 0 0 0 0 221 0.00 2016 0 0 0 0 0 0 221 0.00 2017 0 0 0 0 0 0 221 0.00 2018 0 0 0 0 0 0 221 0.00 2019 0 0 0 0 0 0 221 0.00 2020 25 0 25 66 0 66 287 22.93 2021 25 0 25 66 0 66 353 18.65 2022 25 0 25 66 0 66 418 15.72 2023 100 0 100 263 0 263 681 38.61 Note: • In the above table, population has been calczrlated zrsing one of the growth strategy asszrnnptions that according to N(-'T(-'O(; the ninnber of persons per Single Fan ily Unit wozrld be 2.63 and ninnber of persons perMzrlti- Fannily Unit be 1.80. • Estinnated population in 2012 was calczrlated zrsing 2005 estimated N(-'T(-'O(; population data and City ofDenton percent anmial groivth rate. Land Use Assumptions for Phase I -C This area will also experience negligible growth, until water services are provided. Ease of access to waterlines along FM 426 may snake future development of this area attractive. Majority of the land in this part is under a common ownership. The owner has not expressed a reason, need or desire to develop his land. Therefore, development may not occur within the next five years. It is estimated that an average of 25 total housing units will be constructed in the subjected area each year starting in 2020. Table 3: Po ulation Projection for Phase I -C (Designated Nei hborhood Centers) Year Projected Housing Units Total Housing Units Projected Population Population due to the projected units Total Population Increase in population SF MF SF MF 2012 451 Total 1,596 1 5,738 188 2013 0 0 0 0 0 0 188 0.00 2014 0 1 0 0 0 0 0 188 0.00 2015 0 0 0 0 0 0 188 0.00 2016 0 0 0 0 0 0 188 0.00 2017 0 0 0 0 0 0 188 0.00 2018 0 0 0 0 0 0 188 0.00 2019 0 0 0 0 0 0 188 0.00 2020 25 0 25 66 0 66 254 25.91 2021 25 0 25 66 0 66 320 20.58 2022 25 0 25 66 0 66 385 17.07 2023 25 0 25 66 0 66 451 14.58 Note: • In the above table, population has been calczrlated zrsing one of the growth strategy asszrnnptions that according to N(-'T(-'O(; the ninnber of persons per Single Fannily Unit wozrld be 2.63 and ninnber of persons perMzrlti- Fannily Unit be 1.80. • Fstinnated population in 2012 was calczrlated zrsing 2005 estimated N(-'T(-'O(; population data and City ofDenton percent anmial groivth rate. Table 4: Summary of Population Projections Phase I Basin (Subareas I -B and I -C developed at Neighborhood. Centers) Phase I Pop ulation Year 2012 Year 2023 Part A 1,187 4,606 Part B 221 681 Part C 188 451 Total 1,596 1 5,738 Since Phase I -B and I -C subareas were not originally included in the urbanized area of the comprehensive plan and its projections, these numbers should be added in addition to the projected total population of the city. Policy Ramifications of Phase I With the inclusion of the entirety of the Phase I basin into the Urbanizing Area of the Denton Plan, residents, elected and appointed officials must consider the utilization of annexation and comprehensive plan amendment policies. Annexation Policy The Denton Plan states: The city will proactively annex land within its southern ETJ and other urbanizing areas that become attractive for urban development due to the availability of municipal utilities, and due to location within close proximity to areas being subdivided and developed. Proper management of development in the urbanizing areas depends on annexation and application of zoning regulations that support the recommended land use plan. (The Denton Plan 1999-2020p. 29) In 2009 annexations occurred within the western and northern areas of Denton. As development pressure continues to expand towards the west and north, annexations must be considered to maintain proactive growth management controls (zoning, site design and transportation standards) within these areas. Comprehensive Plan Amendment With the inclusion of subareas I -B and I -C into consideration for development, the city will propose a comprehensive plan amendment to include these areas as "Urbanizing Areas" rather than the previously designated "Rural Areas" as part of the Denton Plan update. Phase II Land Use Assumptions and Population Projections Growth within the remainder of the Clear Creek Basin within the city's CCN Boundary (Phase 11) will remain at rural rates as the distances involved with providing connections to urban level infrastructure services remains cost prohibitive within the timeframe of this report. With recent annexations within this area, the City's water and wastewater service obligations will be necessitated by future development. 7 Conclusions City growth will continue to expand as emigration to Denton remains strong. The city will maintain an average of 1.5 to 2.0 percent annual growth rate. Development pressure in the Phase I Basin has prompted the city to construct wastewater treatment facilities that will eventually have the capacity to efficiently maintain the City's service obligations for the Clear Creek Basin. Population for the Phase I area will reach 5,738 by 2023, based on the land use assumptions. The city will need to proactively consider a comprehensive plan amendment for subareas I -B and I -C. In addition, the city will need to maintain its current policy of annexation of property where available infrastructure and development pressures are applied. Population growth for the Phase II area will remain at current rural area rates for the time being. EXHIBIT 3 2013 Water Service Area Zoned 2 Land use Assumptions Influences to Land Use Patterns of Zoned 2 There are many possible build -out scenarios for the land within Zone 2 depending on the timing of major transportation and development projects. Currently, market pressure for development is occurring within areas with easy transportation access. Arterials such as FM 2449 and Robson Ranch Road will most likely need to be increased in capacity to handle future traffic demand. In addition, the construction of Loop 288 north from I -35W through the Cole Ranch Master Plan Community (MPC) will increase development activity occurring within this area. Cole Ranch Master Plan Community In February 2008, the City Council approved the Cole Ranch MPC. The approximately 3,256.92 acres of property is located west of Interstate 35 West, south of Tom Cole Road. The Cole Ranch MPC consists will contain a variety of land uses that will provide opportunities for vertical and horizontal mixed -use developments. The development will consist of approximately 1,955 acres of Single Family development, and approximately 342 acres of Neighborhood Residential Mixed Use development with multi- family, attached single family, retail and office uses. The development will also contain 180 acres of Community Mixed Use (CM -G) zoned property, 301 acres of Employment Center, and 85 acres of Industrial Center. The estimated residential development will consist of 6,182 single family homes with an overall gross density of 2.9 dwellings per acre, 2,621 attached single family homes with a maximum of gross density of 12 units per acre and 2,800 multi- family units with a maximum gross density of 30 units per acre. The community is being designed with higher density and more intense uses (office and retail) along the proposed alignment of Loop 288 and a more traditional suburban residential development towards the south and west. Two Neighborhood Residential Mixed Use Districts are proposed to provide higher density residential and neighborhood service oriented businesses to the surrounding single family detached residential areas. In an effort to facilitate the overall development of the MPC and provide the necessary institutional, educational, and community uses, the Denton Independent School District (DISD) has purchased a 90 acre high school site which will be part of Phase III. A middle school site has also been finalized as part of Phase II and two elementary school sites are proposed, as shown on the development plan exhibit. The exact locations have not been determined but the two elementary schools sites will be donated by the property owner to DISD. All four school sites make up approximately 165 acres of land within the Cole Ranch development. There are approximately 680 acres of open space included in the MPC. Much of the open space is made up of floodplain and Environmentally Sensitive Areas (ESAs). The applicant will identify the ESA mitigation measures at the final plat process. The applicant will dedicate approximately 72 acres of park land for both passive and active recreational purposes as required by the City of Denton Park Land Dedication requirements. Inspiration Master Plan Community The Planning and Development is currently processing another MPC called Inspiration. The approximately 3,331 acres subject property is generally located generally located on both sides of I- 35W between Robson Ranch Road and Vintage Boulevard. The applicant is proposing to develop the property with a mix of residential, retail, commercial and open space /recreational uses. The proposed zoning plan depicts approximately 2,849.5 acres of residential development and 481.6 acres of mixed use development. The MPC will include schools, trails, parks, ponds and community centers. A maximum of 12,089 single family dwelling units and 3,253 multi- family dwelling units are being proposed. The average single family density will be 4.47 units per acre and the ratio of single family to multi- family units will be 79% to 21% (the ratio is based on maximum densities allowed within each zoning district). A higher density mixed use regional center is proposed near the intersection of 1-3 5W and Allred Road in addition to other community and neighborhood mixed use centers. 2 Population Projections for the Zone 2 Study Area Water Service Area Land Use Assumptions for the Watea Vervice Area Zone 2 • The development of the Cole Ranch MPC will commence in 2018. • The development of the Inspiration MPC will commence in 2018. • It is estimated that 50 total housing units will be constructed in the Zone 2 area in 2018, increasing to 1,150 housing units by 2023. Conclusions City growth will continue to expand as emigration to Denton remains strong. The city will maintain an average of 1.5 to 2.0 percent annual growth rate. Population for the Water Service Area Zone 2 will reach 7,079 by 2023, based on the land use assumptions. The city will need to maintain its current policy of annexation of property where available infrastructure and development pressures are applied. 4 Table 1: Population Projections for the Water Service Area Zone 2 Year Projected Housing Units Total Housing Units Projected Population Population due to the projected units Total Population % Increase in Population SF MF SF MF 2012 2282 2013 0 0 0 0 0 0 2282 0.00 2014 0 0 0 0 0 0 2282 0.00 2015 0 0 0 0 0 0 2282 0.00 2016 0 0 0 0 0 0 2282 0.00 2017 0 0 0 0 0 0 2282 0.00 2018 50 0 50 132 0 132 2414 5.45 2019 100 0 100 263 0 263 2677 9.83 2020 150 0 150 395 0 395 3071 12.85 2021 300 50 350 789 90 879 3950 22.25 2022 450 150 600 1184 270 1454 5404 26.90 2023 500 200 700 1315 360 1675 7079 23.66 Note: • In the above table, popzrlation has been calczrlated zrsing one of the growth strategy asszrnnptions that according to N(-'T(-'O(; the ninnber of persons per Single Fan ily Unit wozrld be 2.63 and ninnber of persons perMzrlti- Fannily Unit be 1.80. • Estinnated popzrlation in 2012 was calczrlated zrsing 2005 estimated N(-'T(-'O(; popzrlation data and City ofDenton percent anmial groivth rate. Conclusions City growth will continue to expand as emigration to Denton remains strong. The city will maintain an average of 1.5 to 2.0 percent annual growth rate. Population for the Water Service Area Zone 2 will reach 7,079 by 2023, based on the land use assumptions. The city will need to maintain its current policy of annexation of property where available infrastructure and development pressures are applied. 4 EXHIBIT 4 2013 Infill District Land Use Assumptions Land Use Assumptions Development Area The purpose of the Infill District is to provide standards for the development of infill lots in existing neighborhoods on parcels of land that have remained undeveloped. The adopted Infill District regulations allow flexibility with regards to location and density supported by the Denton Plan. The regulations also: • Promote compatibility between new and existing development; Promote certainty in the marketplace and encourage development of housing in close proximity to employment and services; Promote neighborhood preservation and encourage mixed -use development opportunities; and Encourage development that meets the City's goal of encouraging new development as well as preserving a diversity of housing types The Infill District regulations apply only to buildings, structures, and lots within the Neighborhood Residential and Downtown University Core Zoning Districts that are no greater than two acres, provided that the proposed area has not been replatted into less than two acre lots after the effective date of the adoption of this ordinance, provided that they lie fully within the boundaries of the Infill Special Purpose District, and provided that they do not fall within any other Special Purpose or Overlay district. The Infill District is bounded to the west by Bonnie Brae, to the north by Windsor, to the east by Old North, Mockingbird, and Woodrow, and to the south by Interstate -35 and Willowwood, see Infill Special Purpose District map. Infill Special Purpose District f INNNNE:�� Feet 0 1,'100 2,200 4,400 Influences to Land Use Patterns of the Infill Special Pnapose District There are many possible build -out scenarios for the land within Infill Special Purpose District. Currently, market pressure for development is occurring within the Downtown area and areas surrounding UNT and TWU. Downtown Area In 2002, The City adopted the Denton Downtown Master Plan. Its primary focus is to provide a balance between encouraging development, including exploring partnership opportunities with private investors, and simultaneously ensuring that proper design practices are employed. The master plan includes the following eight goals for the future of downtown. Downtown Denton should: • be a vital part of Denton's economy; • be a source of civic pride; • be a place to live, work and play; • contain compact and concentrated activities; • contain a variety of things to do; • be pedestrian friendly and an enjoyable place to walk; • have linked parks and open spaces; • be attractive and well designed. On August 17, 2010, the City Council accepted the recommendations of the Downtown Implementation Plan (DTIP). The purpose of the DTIP is to achieve the goals that define the vision for the Downtown Master Plan. The DTIP serves as a catalyst for additional growth and development in the Downtown area. The DTIP identifies an investment strategy for short term and long term to increase economic development in Downtown. The implementation strategies will guide and coordinate public and private investments, and will steer the location and types of future improvements. UNT UNT is currently engaged in a comprehensive master plan update effort, the aim of which is to refine the vision for the future of their campus. Some of the topics addressed in the comprehensive master plan update effort include Facilities needs, Housing needs and Transportation. UNT's student enrollment target is 45,000 students. However, it is anticipated that this will happen no sooner than 2020. As UNT student enrollment grows, so will the need for Housing and Transportation in and around the university. TWU As of Fall 2012, TWU had a student enrollment of approximately 15,000 students. Their residence housing number of spaces was 1942 of which the occupancy rate is at 100 percent. Similar to UNT, as TWU student enrollment grows so will the need for Housing and Transportation in and around the university. Land Use Assumptions for the Infill Special Purpose District • It is estimated that the Infill Special Purpose District will experience growth. • Residential and non- residential development within the Downtown area will continue to grow. Encouraged by catalyst projects and with incentives and development programs, the Downtown area is estimated to grow at a rapid rate. • With the future increases in student enrollment for both UNT and TWU, Housing and Transportation needs will increase. • It is estimated that 225 total housing units will be constructed in the Infill Special Purpose District in 2013, decreasing to 200 housing units by 2023. Conclusions City growth will continue to expand as new construction and redevelopment occurs in the Infill Special Purpose District. The city will maintain an average of 1.5 to 2.0 percent annual growth rate. Population for the Infill Special Purpose District will reach 55,304 by 202' ), based on the land use assumptions. 4 Table 1: Population Projections for Infill Special Purpose District Year Projected Housing Units Total Housing Units Projected Population Population due to the projected units Total Population % Increase in Population SF MF SF MF 2012 49,198 2013 25 200 225 66 360 426 49,624 0.86 2014 25 250 275 66 450 516 50,140 1.03 2015 25 250 275 66 450 516 50,655 1.02 2016 25 250 275 66 450 516 51,171 1.01 2017 50 250 300 132 450 582 51,753 1.12 2018 50 500 550 132 900 1032 52,784 1.95 2019 0 500 500 0 900 900 53,684 1.68 2020 0 250 250 0 450 450 54,134 0.83 2021 0 250 250 0 450 450 54,584 0.82 2022 0 200 200 0 360 360 54,944 0.66 2023 0 200 200 0 360 360 55304 0.65 Note: • In the above table, popzrlation has been calczrlated zrsing one of the growth strategy asszrnnptions that according to N(-'T(-'O(; the ninnber of persons per Single Fan ily Unit wozrld be 2.63 and ninnber of persons perMzrlti- Fannily Unit be 1.80. • Fstinnated popzrlation in 2012 was calczrlated zrsing 2005 estimated N(-'T(-'O(; popzrlation data and C'ity ofDenton percent anmial groi�,th rate. Conclusions City growth will continue to expand as new construction and redevelopment occurs in the Infill Special Purpose District. The city will maintain an average of 1.5 to 2.0 percent annual growth rate. Population for the Infill Special Purpose District will reach 55,304 by 202' ), based on the land use assumptions. 4 V1 gal r w� 1 4055 NntarnationM Naza, Suiiita 200 a Fort Worth, Texas 761.09 m 817-735-7300 * fax 817-735-7491 FO: Tim Fisher, P.E., City of Denton Joel Nickerson, City of Denton FROM, Scott Cole, P.E., Freese and Nichols, Inc. Stephanie Neises, P.E., Freese and Nichols, Inc SUBIEC I <, Water Impact Fee Utilization Calculations DATE, May 31, 2013 PROIEC I <, Water Impact Fee Assistance INTRODUCTION DRAFT THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF Scott Cole, P.E., TEXAS NO. 98813 ON May 31, 2013. IT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F- 2144 The City of Denton contracted with Freese and Nichols, Inc. to update the Water Impact Fee Capital Improvements Plan (CIP). The City provided updated land use assumptions and the current hydraulic model to be used for the impact fee analysis. Projects included in the Impact Fee CIP consist of improvements identified in the 10 -year CIP as well as existing infrastructure with excess capacity. The Impact Fee Capital Improvements Plan is shown on Figure 1. The portion of each project associated with growth that will be utilized within the 10 -year timeframe is impact fee eligible. Utilization percentages were calculated by evaluating the existing capacity and future capacity of each project. DEVELOPMENT OF UTILIZATION PERCENTAGES The hydraulic model was used as a tool to determine the utilization of the pipeline improvements. For the recently constructed projects, the 2013 percent utilized was calculated by dividing the flow observed in the existing system model runs by the ultimate capacity of the pipe. The ultimate capacity of a pipe was assumed to be the capacity calculated in the 2032 system analysis as part of the 2008 Water Distribution System Master Plan. The 2013 utilization for proposed projects indicates the portion of the project that will be used to address deficiencies in the existing system or improvements that serve existing customers. The 2023 utilization percentages were calculated by taking the flow observed in the 10 -year model runs and dividing it by the ultimate capacity of the pipe. 1 Utilization percentages for water system facilities (i.e. water treatment plants, pump stations, storage tanks) were calculated based on the recommended capacities developed as part of the 2008 Water Distribution System Master Plan for the existing and projected demands. The 2013 percentages account for existing system deficiencies or projects designed to serve existing customers while the 2023 percentages indicate the portion of the capacity that will be utilized within the 10 -year timeframe. The following provides example calculations for each type of project: ■ Pipe (42 -inch Loop 288 Sherman to UNT) Existing Flow = 10.7 mgd 10 -year Flow = 16.5 mgd Ulimate Flow = 42.0 mgd 2013 % Utilization = 10.7 mgd = 0.255 :� 25% 42.0 mgd 2023 % Utilization = 16.5 mgd = 0.393 :� 40% 42.0 mgd Eligible % = 40% - 25% = 15% ■ Water Treatment Plant (Ray Roberts Water Treatment Plant) Existing WTP Capacity (LLWTP) = 30.0 mgd Recently Constructed WTP Capacity (RRWTP) = 20.0 mgd Existing Maximum Day Demand = 42.2 mgd 10 -year Maximum Day Demand = 51.2 mgd 2013 % Utilization = 42.2 mgd - 30.0 mgd = 0.610 :� 60% 20.0 mgd 2023 % Utilization = 51.2 mgd = 1.024 -> 100% 30.0 mgd + 20.0 mgd Eligible % = 100% - 60% = 40% 3 ■ Pump Station (Southwest Booster Pump Station) Existing Firm Capacity = 6.05 mgd Existing Peak Hour Demand (criteria with no elevated storage) = 1.33 mgd 125% of 10 -year Maximum Day (criteria with elevated storage) = 2.03 mgd * 1.25 = 2.54 mgd 2013 % Utilization = 1.33 mgd = 0.220 20% 6.05 mgd 2023 % Utilization = 2.54 mgd = 0.420 40% 6.05 mgd Eligible % = 40% - 20% = 20% ■ Storage Tank (Roselawn EST) Existing Storage Capacity (Central Pressure Plane) = 3.0 MG New Storage Capacity = 3.0 MG Existing Storage Requirement (from Master Plan) = 5.2 MG 10 -year Storage Requirement = 5.5 MG 2013 % Utilization = 5.2 MG — 3.0 MG = 0.733 = 75% 3.0 MG 2023 % Utilization = 5.5 MG — 3.0 MG = 0.833 = 85% 3.0 MG Eligible % = 85% - 75% = 10% ZONE PERCENTAGES The City divided the water service area into three zones: • Zone 1 — the area north of Hickory Creek and the Robson Ranch, Country Lakes, Meadows at Hickory Creek, and The Vintage developments • Zone 2 —the area south of Hickory Creek, with the exception of the exacted developments that are included in Zone 1 • Infill Zone —the area bounded to the west by Bonnie Brae Street, to the north by Windsor Drive, to the east by Old North Road, Mockingbird Lane, and Woodrow Lane, and to the south by I -35E and Willowwood Street After the utilization percentages were calculated, each project was evaluated to determine the zone percentages. Percentages for projects that improve the entire system equally (such as water treatment N plants) were calculated based on growth in population over the next 10 years. Approximately 54% of the 10 -year growth occurs in Zone 1 while 21% occurs in Zone 2 and 25% in the Infill Zone. Table 1 shows the population for each zone. The model was utilized as a tool to assign various percentages to the remaining improvements based on the hydraulic relevance to each zone. For example, the new High School Booster Pump Station provides no benefit to the customers in Zone 2 and therefore is 100% attributable to Zone 1. Similarly, projects that offer more hydraulic benefit to Zone 2 customers were given percentages higher than 21% for Zone 2. Table 2 presents the utilization percentages, as well as the zone percentages for each project. Table 1: Water Service Population by Zone Zone 2013 Population 2023 Population % of Total Growth Zone 1 68,426 80,744 54% Zone 2 2,282 7,079 21% Infill Zone 49,624 55,304 25% Total 120,332 143,127 100% Note: The populations were provided in the Land Use Assumptions report provided by the City. The Infill Zone population is from the Table 1 of Exhibit 4. The Zone 2 population is from Table 1 of Exhibit 3.The Zone 1 population was calculated based on the water service population presented in Table 1 of Exhibit C and then subtracting the population from Zone 2 and the Infill Zone. 5 Table 2: Cost Allocation for Impact Fees 11 Description of Project 2013* Utilization 2023 Utilization 2013 -2023 Utilization Capital Cos[ 10 -Year Cost Zone 1 Utilization Zone 1 Cost Zone 2 Utilization Zone 2 Cost Infill Utilization Infill Cost EXISTING ELIGIBLE take Ray Roberts 75% 90% 15% $153,306,163 $22,290,716 :54% $12,036,987 050 $08L050 25% s "5 572,679 B Lake Ray Roberts Water Treatment Plant 60% 100% 40% $56,445,235 $22,578,094 54% $12,192,171 21% $4,741,400 25% $5,644,523 C 54' Finished Water Transmission Lino 30% 45% 15% $9,590,299 $1,438,545 '541 ;$776,814 21% $302,094 25% $359,637 D Loop 288 Water Main - Sherman to UNT 25% 40% 15% $4,361,849 $654,277 54% $353,310 21% $137,398 25% $163,569 E Loop 288 Water Main - Sherman to Hwy 380 25% 40% 157 $3,518,352 $527,753 -547 ;$284,987 21% $110,828 25% $131„938 F Northwest Elevated Storage Tank 30% 60% 30% $2,339,988 $701,996 100% $701,996 0% $0 0% $0 G Southwest Puma Station 20° %0 40% 20° %0 $5,912,002 $1,182,400 -60% ;$709,440 40% $472,960 0% $9 H Southwest PS Oversize Discharge Line (30" to 36 ") 5% 10% 5% $284,477 $14,224 60% $8,534 40% $5,690 0% $0 I vintage Oversize Line (12" to 29) 25% 60% 35% $254,264 $88,994 -45% s $40,047 55% $48,947, 0 % $9 J North -South Water Line Phase 1 25% 35% 10% $6,038,601 $603,860 54% $326,084 21% °0 $126,811 25% $150,965 K Roselawn Elevated Storage Tank 757 851 10% $6,299,440 $629,944 1541 ,$340,170 217 $132,288 2511 $157,486 L Roselawn Water Line 30% 55% 25% $1,797,363 $449,341 54% $242,644 21% $94,362 25% $112,335 M Masch Branch Road Water Llne Extension + 15% 30% 157 $645,781 $96,867 100° %u s $96,867 0% $0 0 %' $9 N U.S 380 Urban Utility Relocation 25% 30% 5% $1,362,086 $68,104 100% $68,104 0% $0 0% $0 0 Rayzor Ranch Oversize Line (1'6' to 20) 10°%u 257 15% $133,226 $14,984 100% $19,984 0% $0 0% 1 $0 PROPOSED ELIGIBLE 1 North South Water Line Phase II 0% 35% 35% $5,380,772 $1,883,270 :60% $L129,962 753,308 -`)0 2 1 -35 Parallel Line Crossing 15% 30% 15% $1,959,552 $293,933 100% $293,933 0 %" 1 $0 0% $0 3 High School Booster Pump Station 0% 30% 30% $4,704,000 $1,411,200 100° %u $1,411,200 0% $0 0 %? $9 4 Elm /Loop 288 Water Lines 0% 30% 30% $3,832,013 $1,149,604 100% $1,149,604 0% $0 0% $0 5 Allred Jahn Paine Water Line: 0% 20% 201 $4,2981515 $859,703 is 351 $300,896 657 $558,807 0%. $0 6 Southwest Elevated Storage Tank 10% 20% 10% $5,376,000 $537,600 60% $322,560 40% $215,040 0% $0 7 McKinney Water Line and PRV 10% i. 25% 15% $987,840 $148,176 100% ($148,176 ': 0% $0 0%? $0 8 University Water Line and PRO 0% 30% 30% $1,724,083 $517,225 100% $517,225 0% $0 0% $0 9 lNew McKenna Booster Pump station 0% 65% 65% $8,064,000 $5,241,600 i60% $3,144,960 $2,096,640 0% "0 10 1 -35W WaterLine 0% 20% 20% $4,466,650 $893,330 35% $312,666 65% $580,664 0% $0 11 1- 35W %CorkSin Water Lino 0% 20% 207 $1,781,472 $355,294 1457 ;$160,332 551 $195,963 $9 12 South Central Transmission Lines 0% 15% 15% $10,583,731 $1,587,560 60% $952,536 40% $635,024 0% $0 Total Capital Improvements Cost { $305,447,759 $66,224,594 $38,042,189 i $15,889,273 $12,293,132 * Utilization in 2013 on Proposed Projects indicates a portion of the project that will be used to address deficiencies within the existing system, and therefore are not eligible for impact fee cost recovery for future growth. Exhibit 3C Wastewater Capital Improvements Plan Cost Allocation for Impact Fees 2013 2023 2013 -2023 Applicable Project Name Cost Utilization Utilization Utilization Cost ($) Zone 1 Existing A Pecan Creek WRP (15 MGD) $39,528,174 14.34 15.00 4% $1,739,240 • - - - - - - - - - - B - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pecan Creek WRP 6MGD expansion - - - - - - - - - - - - - - - - - - - - - - - - - - $30,005,125 - - - - - - - - - - - - - - - - - - - - 0.00 - - - - - - - - - - - - - - - - - - 1.52 - - - - - - - - - - - - - - - 25% - - - - - - - - - - - - - - - - $7,601,298 • - - - - - - - - - - C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - South Wet Weather Lift Station & Detention Pond - - - - - - - - - - - - - - - - - - - - - - - - - - $1,552,898 - - - - - - - - - - - - - - - - - - - - 1.93 - - - - - --------------------- 2.60 - - - - - - - 10% - - - - - - - - - - - - - - - - $154,828 •--- - - - - -- D -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Cooper Creek Lift Station and Force Main $2,150,236 15.64 17.17 12% $263,189 •--- - - - - -- E -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Pecan Creek Interceptor (Ph 1 & 2) $3,363,189 33.34 35.57 8% $258,084 • - - - - - - - - - - F - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Cooper Creek Outfall (Loop 288) - - - - - - - - - - - - - - - - - - - - - - - - - - $3,898,807 - - - - - - - - - - - - - - - - - - - - 13.38 - - - - - - - - - - - - - - - - - - 13.61 - - - - - - - - - - - - - - - 1% - - - - - - - - - - - - - - - - $48,472 •--- - - - - -- G -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Krum Sewer Line $398,450 1.04 3.84 28% $111,343 • - - - - - - - - - - H - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Graveyard Branch Interceptor - - - - - - - - - - - - - - - - - - - - - - - - - - $5,004,952 - - - - - - - - - - - - - - - - - - - - 1.05 - - - - - - - - - - - - - - - - - - 1.47 - - - - - - - - - - - - - - - 2% - - - - - - - - - - - - - - - - $99,389 •--- - - - - -- I -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Roark Branch Interceptor $854,774 0.00 3.84 53% $453,361 • - - - - - - - - - - i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State School Interceptor - - - - - - - - - - - - - - - - - - - - - - - - - - $1,660,869 - - - - ------------------------------------------ 24.07 25.04 - - - - - - - 3% - - - - - - - - - - - - - - - - $46,455 -------------------------- K - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pecan Creek Interceptor 1 - - - - - - - - - - - - - - - - - - - - - - - - - - $1,975,672 - - - - ------------------------------------------ 34.61 37.51 - - - - - - - 9% - - - - - - - - - - - - - - - - $177,933 Zone 1 Proposed 1 Carroll Ave Interceptor $472,799 3.84 4.33 8% $39,467 • - - - - - - - - - - - 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Cooper Creek Interceptor 1 - - - - - - - - - - - - - - - - - - - - - - - - - $608,498 - - - - ------------------------------------------ 15.64 17.17 - - - - - 8% - - - - - - - - - - - - - - - - - - $50,543 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 3 Cooper Creek Interceptor II $1,293,395 11.89 13.01 8% $99,492 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 4 Cooper Creek Interceptor III $1,239,878 9.72 10.37 4% $55,619 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 5 Cooper Creek Interceptor IV $249,528 0.00 1.90 56% $139,854 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 6 Cooper Creek Lift Station Detention Facility $1,543,050 0.00 0.29 39% $596,646 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 7 Dry Fork Hickory Creek Tributary 1 Interceptor $2,294,968 5.93 6.48 8% $192,413 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 8 Elm Street Sewer Replacements $204,515 1.67 1.86 4% $9,186 • - - - - - - - - - - - 9 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Hickory Creek Interceptor 1 - - - - - - - - - - - - - - - - - - - - - - - - - $4,494,098 - - - - - - - - - - - - - - - - - - 19.74 - - - - - - ----------------------------- 30.68 25% - - - - - - - - - - - - - - - - $1,137,562 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 10 Hickory Creek Interceptor II $6,497,359 15.99 27.01 33% $2,138,617 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 11 Hickory Creek Interceptor III $7,247,205 11.61 19.52 39% $2,808,691 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 12 Hickory Creek Interceptor IV $2,361,574 2.25 3.30 24% $576,663 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 13 Hickory Creek Lift Station Detention Facility $8,293,840 0.00 2.83 70% $5,809,794 •--- - - - - -- --------------------------------------------------------------------------------------------------------------------------------------------------------------------- 14 Hickory Creek Outfall $466,857 11.93 12.21 1% $3,782 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 15 Pecan Creek Interceptor II $3,114,198 23.43 26.76 9% $276,762 • - - - - - - - - - - - 16 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pecan Creek Interceptor III - - - - - - - - - - - - - - - - - - - - - - - - - $1,899,937 - - - - - - - - - - - - - - - - - - 23.24 - - - - - - - - - - - - - - - - - - - - 24.83 - - - - - - - - - - - - - 6% - - - - - - - - - - - - - - - - - - $122,254 • - - - - - - - - - - - 17 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pecan Creek Interceptor IV - - - - - - - - - - - - - - - - - - - - - - - - - $1,436,302 - - - - ------------------------------------------ 14.24 17.03 - - - - - 11% - - - - - - - - - - - - - - - - - - $157,148 • - - - - - - - - - - - 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pecan Creek Interceptor V - - - - - - - - - - - - - - - - - - - - - - - - - $3,124,089 - - - - ------------------------------------------ 21.13 22.40 - - - - - 6% - - - - - - - - - - - - - - - - - - $183,600 • - - - - - - - - - - - 19 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State School Interceptor II - - - - - - - - - - - - - - - - - - - - - - - - - $4,551,156 - - - - - - - - - - - - - - - - - - 23.42 - - - - - - - - - - - - - - - - - - - - 24.35 - - - - - - - - - - - - - 2% - - - - - - - - - - - - - - - - - - $68,400 -------------------------- 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - US 380 Utility Relocations - - - - - - - - - - - - - - - - - - - - - - - - - $1,378,425 - - - - - - - - - - - - - - - - - - 3.66 - - - - - - - - - - - - - - - - - - - - 4.48 - - - - - - - - - - - - - 19% - - - - - - - - - - - - - - - - - - $256,306 -------------------------- 21 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - West Peal< Flow Detention Lift Station and Pond - - - - - - - - - - - - - - - - - - - - - - - - - $3,846,360 - - - - ------------------------------------------ 0.00 3.66 - - - - - 59% - - - - - - - - - - - - - - - - - - $2,256,038 • - - - - - - - - - - - 22 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Westgate Heights Interceptor - - - - - - - - - - - - - - - - - - - - - - - - - $405,713 - - - ----------------------------------------------------- 2.89 3.61 34% - - - - - - - - - - - - - $138,443 •--- - - - - -- -------------------------------------------------------------------------------------------------------------------------------------------------------------------- 23 Woodhaven Interceptor $256,016 0.80 0.88 5% $14,028 Zone 1 Total $147,672,908 $28,084,901 Zone 2 Proposed L Clear Creek Interceptor $8,496,199 341,900 11% $904,648 -------------------------- M - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Clear Creek WRP - - - - - - - - - - - - - - - - - - - - - - - - - $20,482,310 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 341,900 - - - - - - - - - - - - - 11% - - - - - - - - - - - - - - - - - - $2,334,301 Zone 2 Total $28,978,509 $3,238,948 Exhibit 3D Wastewater Capital Improvements Plan Cost Allocation Zone z with mn|Zone Impact Fee Name Cost Zone mm/ Cost Utilization Zone 1 Cost Utilization Infill Cost Carroll Ave Irterceptor $472,799 8% $39,467 0% $0 100% $39,467 Pecar Creek Irterceptor 11 $3,114,198 9% $276,762 20% $55,352 80% $221,410 Pecar Creek Irterceptor 111 $1,899,937 6% $122,254 23% $28,118 77% $94,136 Pecar Creek Irterceptor IV $1,436,302 11% $157,148 47% $73,860 53% $83,289 State School Irterceptor 11 $4,551,156 2% $68,400 100% $68,400 0% $0 Dry Fork Hickory Creek Tributary I Irterceptor $2,294,968 8% $192,413 100% $192,413 0% �O Elm Street Sewer Replacemerts $204,515 4% $9,186 0% $0 100% $9,186 Westgate Heights Irterceptor $405,713 34% $138,443 100% $138,443 0% $0 Cooper Cree k Lift Statior ard Force M air $2,150,236 12% $263,119 100% $263,119 0% $0 Hickory Creek Lift Statior Detertior Facility $8,293,840 70% $5,809,794 100% $5,809,794 0% $0 Pecar Creek Irterceptor 11 $3,114,198 9% $276,762 20% $55,352 80% $221,410 Pecar Creek Irterceptor 111 $1,899,937 6% $122,254 23% $28,118 77% $94,136 Pecar Creek Irterceptor IV $1,436,302 11% $157,148 47% $73,860 53% $83,289 State School Irterceptor 11 $4,551,156 2% $68,400 100% $68,400 0% $0 US 380 Utility Relocatiors $1,378,425 19% $256,306 74% $189,666 26% 6,639 Westgate Heights Irterceptor $405,713 34% $138,443 100% $138,443 0% $0 Cooper Cree k Lift Statior ard Force M air $2,150,236 12% $263,119 100% $263,119 0% $0 Cooper Creek Outfall (Loop 288) $3,898,807 1% $48,472 100% $48,472 0% $0 Graveyard Brarch Irterceptor $5,004,952 2% $99,389 100% $99,389 0% $0 Roark Brarch Irterceptor $854,774 53% $453,361 100% $453,361 0% $0 State School Irterceptor 1 $1,660,869 3% $46,455 100% $46,455 0% $0 Totals $78139,610 $18,704,896 $16,570,541 $2,173,821 EXHIBIT 4 20134023 Capital Improvements, Plan for Water and Wastewater Impact Fees Denton, Texas August 20113 PURUC REVIEW DRAFT Prepared for the City of Denton by Duncan Associates Clancy Mullen, Project Manager 360 Nueces St., Suite 2701, Austin, TX 75701 512 -255 -7347 clancy'ci duncanassociates.com s 81 - M EXECUTIVE SU- WWARY .................................................................................. ..............................1 LEGALFRA- IENVORh .................................................................................... ............................... 3 SERVICEAREAS ................................................................................................ ............................... 5 LAND USE ASSU-.\IPTIONS ........................................................................... .............................12 Table 9. SERVICEUNITS ................................................................................................ .............................14 NVA TER.................................................................................................................. .............................13 Peak Dais Rater Demand, 2007 -2012 ............................................. .............................17 Set- -ice Units ...................................................................................................... .............................13 Table 11. DemandProjections ........................................................................................ .............................16 RaterTreatment ............................................................................................... .............................18 Rater Treatment Plant Utilization, 2013 -2023 .............................. .............................19 WaterSupply ..................................................................................................... .............................19 Table 13. Costper Set-vice Unit ....................................................................................... .............................20 NetCost per Service Unit ............................................................................... .............................23 System -Wide Rater Growth Costs, 2013 -2023 ............................. .............................21 NetCost Schedule ............................................................................................ .............................25) Table 13. WASTEWATER................................................................................................. ............................... 27 Set -vice Units ...................................................................................................... .............................27 Water Cost per Service Unit by Service Area ................................. .............................23 DemandProjections ........................................................................................ .............................28 Table 17. WastewaterTreatment ..................................................................................... .............................29 WastewaterConverance ................................................................................ ............................... 30 Costper Set-vice Unit ....................................................................................... .............................32 Table 19. NetCost per Service Unit ............................................................................... .............................33 NetCost Schedule ............................................................................................ .............................35) _APPENDIX: INTEREST CO STS ................................................................... .............................37 Xff eMl Table 1. Current Adopted Impact Fees ............................................................. ..............................1 Table 2. Updated Impact Fees per Set-vice Unit ............................................. ............................... 2 Table 3. Rater Total and Served Population by Set-vice Area, 2013- 2023 .. .............................12 Table 4. Wastewater Total and Served Population by Set-vice Area, 2013 - 2023 .....................13 Table 3. Meter Capacity Ratios .......................................................................... .............................14 Table 6. Rater Set-vice Units, 2013 .................................................................. ..............................1 Table 7. Rater Service units, 2013 -2023 ......................................................... .............................16 Table 8. Summanv of Rater Set-vice Unit Grow di, 2013 -2023 ..................... .............................16 Table 9. Average Daily Rater Production, 2007 - 2012 ................................... .............................17 Table 10. Peak Dais Rater Demand, 2007 -2012 ............................................. .............................17 Table 11. Average and Peak Dais Retail Rater Demand, 2013 - 2023 ........... .............................18 Table 12. Rater Treatment Plant Utilization, 2013 -2023 .............................. .............................19 Table 13. Rater Supply Utilization, 2013 - 2023 ............................................... .............................20 Table 14. System -Wide Rater Growth Costs, 2013 -2023 ............................. .............................21 Table 13. Rater Grow di Costs by Service Area, 2013 -2023 ......................... .............................22 Table 16. Water Cost per Service Unit by Service Area ................................. .............................23 Table 17. Percent of Rater Debt Related to Excess Capacity . ...................... .............................23 Table 18. Outstanding Rater Debt Related to Excess Capacity ................... .............................24 Table 19. Rater Revenue Credit per Set-vice Unit .......................................... .............................24 Table 20. Rater Net Cost per Service unit by Set-vice Area ......................... .............................24 Table 21. Rater Net Cost Schedule .................................................................. .............................25) Table 22. Comparative Rater Impact Fee Revenues, 2013- 2023 ................. .............................25) Table 23. Rater Grow di Costs and Revenues, 2013- 2023 ............................ .............................26 Table 24. Wastewater Service units, 2013 ....................................................... .............................27 Table 23. Wastewater Service units, 2013- 2023 .............................................. .............................28 Table 26. Per Capit <t Wastewater Demand ....................................................... .............................28 Table 27. Projected Wastewater Demand, 2013- 2023 .................................... .............................29 Table 28. Wastewater Treatment Plant Utilization, 2013- 2023 ..................... .............................30 Table 29. Wastewater Conveyance Capacities and Flotiv s, 2013 -2023 ......... .............................31 Table 30. Wastewater Growth Costs big Set-vice Area, 2013 -2023 ............... .............................32 Table 31. Wastewater Cost per Service Unit by Service Area ....................... .............................33 Table 32. Percent of R'asteN ater Debt Related to Excess Capacity ............ .............................34 Table 33. Outstanding Wastewater Debt Related to Excess Capacity ......... .............................34 Table 34. Wastewater Revenue Credit per Set-vice Unit ................................. .............................34 Table 33. Wastewater Net Cost per Set-vice Unit by Set-vice Area ............... .............................33 Table 36. Wastewater Net Cost Schedule ........................................................ .............................33 Table 37. Comparative Wastewater Impact Fee Revenues, 2013 - 2023 ....... .............................36 Table 38. Wastewater Growth Costs and Revenues, 2013 -2023 .................. .............................36 Table 39. Outstanding Utility Debt Seri- ice ..................................................... .............................37 Figure 1. Rater CCN and Wholesale Customers ............................................. ..............................6 Figure 2. Wastewater CCN and R'holesale Customers ................................... ..............................7 Figure 3. Current Rater Set-vice Areas ............................................................. ............................... 8 Figure 4. Current Wastewater Set-vice Areas ..................................................... ..............................9 Figure 3. Potential Rater and Wastewater Zone IA Service Area ............... .............................10 Figure 6. Potential Zone IA Set-vice Area and Rater CCN .......................... .............................11 EXECUTIVE SUMMARY Duncan _associates has been retained by the Cite of Denton to update the City's «-ater and «-asre«-ater impact fees. Land use assumptions that provide the planning basis for the impact fee analysis «-ere prepared by the City- of Denton Planning Department and are provided in a separate document. This report provides all of the analysis for the impact fee Capital Improvements Plan required by- Chapter 395), the Texas impact tee enabling act. Ir is based on cost and demand /capacity- analysis prepared by Freese & Nichols engineers and City- staff engineers. The City's current «-ater and «-aste«-ater impact fees are summarized in Table 1. In the last update of the City's utility- impact fees, which became effective on _august 1, 2008, the City- moyed from a single set -vice area for both «-ater and «-asre«-ater to two set -vice areas. The two set -vice areas are somewhat different for «-ater and «-asre«-ater. The maximum fees calculated in the 2008 study- «-ere adopted at somewhat different percentages for the t-wo set -vice areas. For «-ater, the fees «-ere adopted at 94.6" o of the maximum amount in Zone 1 and 94.4" o in Zone 2. For «-aste«-ater, the fees «-ere adopted ar 91. P o in Zone 1 and 99.9 °'o in Zone 2. M M rf-- Water Impact Fees 5/8" x3/4" $3,594 $4,237 $3,400 $4,000 94.6% 94.4% 3/4" $5,391 $6,356 $5,100 $6,000 94.6% 94.4% 1" $8,985 $10,593 $8,500 $10,000 94.6% 94.4% 11/2" $17,970 $21,185 $17,000 $20,000 94.6% 94.4% 2" $28,752 $33,896 $27,200 $32,000 94.6% 94.4% Wastewater Impact Fees 5/8" x3/4" $1,867 $1,762 $1,700 $1,760 91.1% 99.9% 3/4" $2,801 $2,643 $2,550 $2,640 91.1% 99.9% 1" $4,668 $4,405 $4,250 $4,400 91.0% 99.9% 1 1/2" $9,335 $8,810 $8,500 $8,800 91.1% 99.9% 2" $14,936 $14,096 $13,600 $14,080 91.1% 99.9% Source: Fees calculated in 2008 study from Duncan Associates, 2008 -2098 Capita/ Improvements Plan for Water and Wastewater Impact Fees, April 2008; adopted fees from City of Denton Code of Ordinances, Sec. 26.22. The City- Council has the option of retaining the current two -zone srnicture or nio wing to a three - zone stricture that includes an "infill" zone by splitting Zone 1 into Zone IA (infill) and Zone 1B (remainder). Table 2 belo«= compares the current adopted fees to the updated maximum fees calculated in this study- for both of these options. Gii t7 o f Ill Deu in to in, " "III "'X PURUC REVIEW 1)RAIIT durrhca ass�oclates 2013 -2023 Capital Improvements Plan 1 August 15, 2013 Executive Summary , Zone 1 Water Service Area $3,400 $4,593 35% Zone 1A (Infill) Water Service Area n/a $3,167 -7% Zone 1 B (Remainder) Water Service Area n/a $5,250 54% Zone 2 Water Service Area $4,000 $5,753 44% Potential Water Fee Revenue ($ millions), 2013 -2023 $40.1 $55.0 37% Zone 1 Wastewater Service Area $1,700 $3,175 87% Zone 1A (Infill) Wastewater Service Area n/a $1,285 -24% Zone 1 B (Remainder) Wastewater Service Area n/a $4,010 136% Zone 2 Wastewater Service Area $1,760 $1,400 -20% Potential Wastewater Fee Revenue ($ millions), 2013 -2023 $16.5 $27.5 67% Source: Current fees per service unit are adopted fees for 5/8" x 3/4" meter from Table 1; updated maximum fees per service unit from Table 20 (water) and Table 35 (wastewater); revenues from Table 22 (water) and Table 37 (wastewater). In the adoption of updared «-ater and «-asre«-ater impact fees, the Council has three main sets of options: ❑ The Council may retain the current t«-o Zone 1 and Zone 2 service areas, or split Zone 1 into Infill (Zone 1A) and remainder (Zone 113) set -vice areas. ❑ The Council may-, by polio-, adopt the updated maximum fees ar a percentage less than 100 percent. In addition, the adoption percentage cotdd vary by set --ice area, as in the 2008 updare. ❑ The Council may adopt different Schedule 1 (maximum) and Schedule 2 (collection) fees. Schedule 1 fees are those that are assessed at time of final subdivision plat recording and determine the maximum fees that may ever be collected from lots tivithin the plat. Currently, the Schedule 1 and Schedtde 2 rates sho «-n in the impact fee ordinance are identical. In this updare, the schedules cotdd be different, «-ith Schedtde 1 fees being the maximum fees calculated in this report and Schedtde 2 fees being fees adopred at some percentage less than 100 percent. _adoption percentages may vary by set -vice area, as «-as done in the 2008 updare. Ho«-ever, the fees should be adopted at a uniform percentage for all meter sizes « -irhin a set- -ice area. The last option « -as less important in the 2008 updare, since the lo«-est adoption percentage «-as 91"o of the maximum fee. Ho«-ever, if updated fees for any set- -ice area are adopted at a significantly- lo«-er percentage, it is recommended that the Schedtde 1 fees represent the maximum fees. This «-ould give future Councils the option of increasing the collection rate for lots that «-ere plarred ar a time « -hen the collection rate « -as significantly- lo«-er than the full ner cost to set-ve a ne«- customer. City of Ill::feinto�in, " "III "'X PUBLIC REVIEW DRMIT duruma ass�oclafes 2013 -2023 Capital Improvements Plan 2 August 15, 2013 14 tC7_14 � :-f _1 J,1 4'x'[971. CI Impact tees are a «-ay for local governments to require new developments to pad- a proportionate share of the infrastructure costs they- impose on the comnnuiity. In contrast to traditional "negotiated" developer exactions, impact fees are charges that are assessed on new development using a standard formula based on objective characteristics, such as the number and type of dwelling units consrnicted. The fees are one -time, up -front charges, «-ith the payment usually- made at the time of building permit issuance. Impact fees require each new development project to pad- its pro - rara share of the cost of new capital facilities required to serve that development. Impact fees in Texas must be developed in accordance «-irh Chapter 395) of the Texas Local Government Code. The Stare law lays our very specific requirements for the technical development of these fees as «-ell as the procedures necessary for enactment of such fee programs. Since the 2001 amendments to Chapter 395), credits against the impact fees for other taxes or fees that «-ould be paid by new development and used for capital improvements of the same facility- type as the impact fee are now required. As an alternative to performing a revenue credit calculation, cities can simply- reduce the impact fees by fifth- percent. A literal reading of subsection A above could be misleading, because it «-ould make little sense to calculate a credit for the eligible improvements in the capital improvements plan. Since new development «-ill be paring for such costs throtigh impact fees, no rare revenues should be needed to fund such improvements if impact fees are adopted at the full calculated amounts. However, one can read the phrase "capital improvements plan" more broadly- to include all existing facilities (Chapter 393 does require that the plan include an invento1v of existing facilities). New customers NVlll be paying for the remaining debt service on past improvements, and if no credits NVere provided they «ould in effect be paring for their costs through impact fees and some of existing customers' costs through the portion of their rates that go to debt retirement. To avoid this kind of potential double payment, credit «-ill be provided for the share of outstanding debt that is attributable to capacity- that is serving existing customers. In addition, some of the planned improvements «-ill also remedy- some capacity- deficiencies, and an impact fee credit is provided for rare revenue that new customers «-ill generate that «-ill be retire debt associated «-irh remedying existing deficiencies. Revised impact fees based on this stud- «-ill not apply- to lots platted when a prey -ions fee schedule -as in place. Chapter 395) states that the impact fee schedule that is in effect at the time a lot is platted is the one that applies to the property, regardless of when development occurs. This occurs throtigh a process called "assessment." _assessment must occur at the time of plat recording, or, for property- already- platted or not required to be platted, at the time of development approval or building permit, whichever occurs first. The stature makes clear that no action by the local government is required for assessment to occur. Essentially-, impact fee assessment locks in the fee schedule in place at the time assessment occurs. Any subsequent revision to the impact fee schedules does nor affect the impact fees o«-ed for the development. The City's «-ater and «-asre«-ater impact fees ordinance (Chapter 26, _article IN-) provides t-wo «-ater and «-aste«-ater impact fee schedules. Schedule 1 contains the maximum impact fees per set -vice unit, while Schedule 2 contains the impact fee per set -vice unit that is currently- being collected. N\Iien a property- is subdivided, it is Assessed at the maximum Schedule 1 rare, and the impact fees Gii ty of Ill Deu in to in, " "III "'X PUBLIC REVIEW DRMIT duiuma ass�oclates 2013 -2023 Capital Improvements Plan 3 August 15, 2013 that are assessed at platting represent the maximum fee per set- -ice unit that can be collected from the subdivided property-. The ordinance also contains the historical Schedule 1 fees that apply- to property- that «-as subdivided when the previous Schedule 1 fees «-ere in place. Currently-, the Schedule 1 and Schedule 2 rates are identical. In this update, the schedules could be different, «-ith Schedule 1 tees being the maximum fees calculated in this report and Schedule 2 fees being tees adopted at some percentage less than 100 percent. _adoption percentages may vain- by set- -ice area, as «-as done in the 2008 update. However, the fees should be adopted at a uniform percentage for all meter sizes « -ithin a service area. Gii ty of Ill Deu in to in, " "III "'X PUBLIC REVIEW DRMIT duiuma ass�oclates 2013 -2023 Capital Improvements Plan 4 August 15, 2013 N 4 :AT1 to3 4F—,M :f _Fl Chapter 393 lays down a number of requirements regarding set -vice areas. The Land Use _assumptions must be prepared for each service area. The Capital Improvements Plan, in turn, must include a description of the capital improvements and costs for each service area, based on the Land Use _assumptions. Finally-, impact fees collected from development within a set -vice area must be spent «with the same service area. The Texas impact fee enabling act, in Sec. 393.001(9), defines "service area" as: the alra »ithin the cwpozrte boundarie or er tnl/eln.tali(rl ju1ifdictiolz...of the political subdilifioll to be ;elTed by the cc 0ital itplorement; or fcrzzlitie.; itr the c( ital it;porement; platr.... The .; nice area, for the purpom, of thi.; ck'Oter, mqy include crll OrP(,rrt of the land )) ithitr the politiczrl ;ubdiri.,7011 orit; e. trzrter7itoricrl jtrri.;dictiotr. The City has considerable discretion In the designation of set-vice areas NVlrhln its jtirisdlctton. As a general Wile, the fewer the number of set-vice areas, the better. Since funds collected from a set-vice area must be spent within the same set-vice area, the creation of a large number of small set-vice areas -ill restrict the flexibility of spending impact fee revenues and may make it difficult accumulate sufficient funds in some set-vice areas «within the fire rears allo«-ed by law to spend them. The State stature specifically- authorizes "system« vide" Land Use _assumptions for «-ater and «-asteNv-ater facilities. A Certificate of Convenience and Necessity- (C(.N) must be approved by the Texas Commission on Environmental ( )uality (formerly- the Texas Natural Resources Conservation Commission) before services may be provided to properties within the designated area. The City's «water and «-asteNvvater (.(.Ns include all of the area within the Ciro- of Denton, plus different areas of the City's Extra - Territorial Jurisdiction (ETJ). The «waste«vater service area encompasses an area larger than the «water service area. The «water and «waste «water (.(.Ns are illustrated in Figure 1 and Figure 2. The CCN maps also show the location of the Citds wholesale customers. No costs associated «with providing service to wholesale customers have been included in the impact fee calculations. Gii ty of Ill Deu in to in, " "III "'X PUBLIC REVIEW DRMIT duiuma ass�oclates 2013 -2023 Capital Improvements Plan 5 August 15, 2013 rlyulr 1. VVQIrI %-%-IM Qllu VVIIVIrAQIr lru31V 111C13 IVNNIIII111111h1lfllllll KFUM Sanger City of Denton Water CCN Cliff ty of Ill Deu in to in, " "III "'X PUBLIC REVIEW DRAh°I' d wui���� � ass�oClate� 2013 -2023 Capital Improvements Plan 6 August 15, 2013 Argyle Corinth 7 Krum, tAXIG; PAY RiC.titIERTS y Denton iQ n Wastewater CCU i ..�. ._a ., i a.. f4.- a,", RR,: ......... ts, . �.��... r.. eti n� Y" r 4 C . .......... I Zt " r ��p f �d ur a r ..,� ���.. �A r.. 7L�� G —) „ . c p.........._.... ,.% — �1 �ti L;�. 'ra :. zl C to m ry ,mow �� .. 3 7 7 tr, T, %� rr F „, .G„ iii /��� � r�� r / %����rJ,.✓�ii ar �� i �J,,,� < �, y , � �� � u Cliff t7 0f Ill Deu in to in, ” "III "'X PUBLIC REVIEW DRAh°I' d wui���� � ass�e�clate� 2013 -2023 Capital Improvements Plan 7 August 15, 2013 The City's «-ater and «-aste«-ater (.(.Ns are currently- each divided into two service areas. The Zone 1 and Zone 2 water service areas are shown in Figure 3. For «-aste«-ater, the CCN is currently- divided into two set -vice areas, althotigh there are as vet no City- «-aste«-ater customers in Zone 2. Zone 2 is the Clear Creek drainage basin, while the rest of the City- falls into Zone 1 (Pecan Creek, Hickory Creek and Cooper Creek basins). The current «-aste«-ater Zone 1 and Zone 2 service areas are shown in Figure 4. Gii ty of Ill Deu in to in, " "III "'X PUBLIC REVIEW DRMIT duiuma ass�oclates 2013 -2023 Capital Improvements Plan 8 August 15, 2013 Figure 4. Current Wastewater Service Areas 1 Y� I v _ RAY Q m'r ,. Z����i /ice l ra /a l30 V r r .� i 4 1 s I r �Y. r S —F r c- �� ,rat n; •,, j , r N l r z 11 7 f r� I " " if I This tipdate provides the City- «-irh the option of dividing the current «-ater and «-aste«-ater Zone 1 set- -ice areas into Zone 1A, which is the �- adopted Infill District, a special purpose zoning; district, and Zone 1B, which is the remainder of the current Zone 1 set --ice areas. The potential Zone 1A service area is shown in Figure -). Q� ty of Ill Deu in to in, " "III "'X PURUC REVIEW DRAh°I' d wui���� � ass�oclate� 2013 -2023 Capital Improvements Plan 9 August 15, 2013 Figure 5. Potential Water and Wastewater Zone 1A Service Area �t. Cliff ty of Ill Deu in to in, " "III "'X PUBLIC REVIEW DRAh°I' d wui���� � ass�e�clate� 2013 -2023 Capital Improvements Plan 10 August 15, 2013 Cliff ty of Ill Deu in to in, " "III "'X PUBLIC REVIEW DRAh°I' d wui���� � ass�e�clate� 2013 -2023 Capital Improvements Plan 10 August 15, 2013 The location of the potential Zone 1A seivice area is illustrated in the contest of the City's «-ater CCN In Figure 6. FIIIUle U. rULeINLIZ11 LVile IM >e[VIGC MleCl CINNU VVCILel VV'V Q� ty of Ill Deu in to in, " "III "'X PUBLIC REVIEW DRMIT duiuma ass�oclates 2013 -2023 Capital Improvements Plan 11 August 15, 2013 W_1►' 1 41F_V*i1j ►' 1J i C•] ► E-1 "Land Use _assumptions" is the term used in Chapter 395) to refer to growth projections. It is defined as a "description of the set -vice area and projections of changes in land uses, densities, intensities and population in the set -vice area over at least a 10 rear period." The purpose of the Land Use _assumptions is to project the demand for capital improvements that «-ill be needed to serve anticipated growth. The Land Use _assumptions must corer ac least a 10 rear period. The Capital Improvements Plan on «-hich the impact fees are calculated must contain the projected demand for capital facilities required over a period not to exceed ten rears. Since the two must be compatible, both the Land Use _assumptions and the Capital Improvements Plan should corer a 10 -rear period. A document meeting the Chapter 393 requirements for Land Use _assumptions «-as prepared by City- planning staff in July- 2013. The report contains 2013 -2023 projections for population, chvelling units, nonresidential square footage, developed and undeveloped acres, residential densities and nonresidential intensities for the City's current and potential «-ater and «-aste«-ater service areas. For the purpose of the Capital Improvements Plan, the key- inputs from the Land Use _assumptions are the projections total population and served population (retail customer population connected to the City's «-ater or «=asre«-ater systenls). These are summarized in Table 3 for the «-ater service areas. 2013 49,624 49,128 68,426 67,742 2,282 2,259 120,332 119,129 99.0% 2014 50,140 49,639 69,715 69,017 2,282 2,259 122,137 120,915 99.0% 2015 50,655 50,148 71,032 70,322 2,282 2,259 123,969 122,729 99.0% 2016 51,171 50,659 71,762 71,044 2,282 2,259 125,215 123,962 99.0% 2017 51,753 51,235 73,058 72,328 2,282 2,259 127,093 125,822 99.0% 2018 52,784 52,256 74,437 73,692 2,414 2,390 129,635 128,338 99.0% 2019 53,684 53,147 75,866 75,108 2,677 2,650 132,227 130,905 99.0% 2020 54,134 53,593 77,667 76,890 3,071 3,040 134,872 133,523 99.0% 2021 54,584 54,038 79,035 78,245 3,950 3,911 137,569 136,194 99.0% 2022 54,944 54,395 79,973 79,173 5,404 5,350 140,321 138,918 99.0% 2023 55,304 54,751 80,744 79,937 7,079 7,008 143,127 141,696 99.0% Source: City of Denton Planning and Development Department, "Land Use Assumptions for Impact Fee Assessments," July 2013; system -wide total and served population from Exhibit 1.C, Table 1; percent served is ratio of system -wide served to total population; total Zone 1A population from Exhibit 4, Table 1; total Zone 2 population from Exhibit 3, Table 1; Zone 1A and Zone 2 served populations are the product of total population and % served; Zone 1 B total and served populations are the residuals. Total and served population projections for the «-aste«-ater set -vice areas are summarized in Table 4 belotiv. . City of IllDeinto�in, " "III "'X PURUC REVIEW I1 MIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 12 August 15, 2013 • 1 • +• 2013 49,624 49,128 68,525 67,839 1,596 1,580 119,745 118,547 99.0% 2014 50,140 49,639 69,805 69,107 1,596 1,580 121,541 120,326 99.0% 2015 50,655 50,148 71,113 70,403 1,596 1,580 123,364 122,131 99.0% 2016 51,171 50,659 71,834 71,116 1,596 1,580 124,601 123,355 99.0% 2017 51,753 51,235 73,121 72,390 1,596 1,580 126,470 125,205 99.0% 2018 52,784 52,256 74,619 73,873 1,596 1,580 128,999 127,709 99.0% 2019 53,684 53,147 76,299 75,536 1,596 1,580 131,579 130,263 99.0% 2020 54,134 53,593 77,954 77,174 2,123 2,102 134,211 132,869 99.0% 2021 54,584 54,038 79,399 78,605 2,912 2,883 136,895 135,526 99.0% 2022 54,944 54,395 80,463 79,658 4,226 4,184 139,633 138,237 99.0% 2023 55,304 54,751 81,384 80,569 5,738 5,681 142,426 141,001 99.0% Source: City of Denton Planning and Development Department, "Land Use Assumptions for Impact Fee Assessments," July 2013; system -wide total and served population from Exhibit 1.C, Table 1; percent served is ratio of system -wide served to total population; total Zone 1A population from Exhibit 4, Table 1; total Zone 2 population from Exhibit 2, Tables 1 -3; Zone 1A and Zone 2 served populations are the product of total population and % served; Zone 1 B total and served populations are the residuals. Cliity of IllDeintoin, " "III "'X PURUC REVIEW I1 MIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 13 August 15, 2013 N4:A'T1N- 4LIJ►`Iik To calculate impact fees in accordance «-ith Chapter 395), the growth in demand for capital facilities over the planning horizon must be expressed in "set -vice units," which are defined in Sec. 39-).001(10) as: a .;talldanLi d tsrca,ullre of cotr.;trtsrhtiotr, 111m, aellenitioll, or di,;ch rr e amibtrtable to (rn indirid1w,11 utrit of derel(�hmetrt Ccalctrlated itr accol'dalrte )fith cw(n,rl /y cnz'cPA'd c'n,it7evrrrz or plall1lit7, .;tcrt7 lcrrrl; for cr y rrti trl rr 'atemly 0/c(,Oital it;poremetrt; or fcrzr/ity c.ti rtr.,7otr.;. Set -vice units for «-ater and «-asre«-ater impact fees are ty ically based upon the capacity- attributable to «-ater meters in the utility- system. The reason for this is that «-ater meters are physical elements that are under the control of the urility and that limit the maximum demand of vartous users. The service unit for Demon's «aver and «acre« aver impact fees is the "single - family- equip- alent" (SFE), which is based on the size of the «-ater meter. _fin SFE is the «-ater or «- asre«-ater demand associated «-irh the smallest «-ater meter used in the system (3/8" x 3/4"), which is the meter typically used by a single - family- residence. The ratio of each larger meter's capacity to the capacity of the base meter determines the SFE multiplier applied to each larger meter size. The City's original «-ater and «-aste«-ater impact fees «-ere based on meter capacities from the American Water Works _association. In the opinion of the City's «-ater division staff, the capacities as rated by the manufacturer that supplies the City-'s meters are more accurate for larger meters, and have been used since the 2003 update. The current SFE equivalency- factors are shown in Table 3. 5/8" x 3/4" 1.0 3/4" 1.5 1" 2.5 1 -1/2" 5.0 2" 8.0 3" 22.5 4" 50.0 6" 100.0 8" 200.0 10" 325.0 Source: City of Denton Code of Ordinances, Chapter 26, Article IV, Exhibit F. N\11en impact fees are collected, the amount due is calculated by multiplying the number of service units associated «-irh each meter size by the impact fee per set -vice unit However, some additional rules apply-. The developer may submit or the «-ater utilities director may- require the preparation of a study to determine the appropriate number of service units. Multi- family- projects «-irh more than eight apartments are assessed at the rate of 0.26 set -vice units per bedroom. Infill development, defined as single - family- residences of less than 1,300 square feet and located on a lot of less than 6,000 square feet in the «-aver Zone 1 or «-asre«-ater Zone 1 set -vice areas, is assessed ar the rare of 0.30 service units per dwelling unit. City of IllDeinto�in, " "III "'X PURUC REVIEW I1 MIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 14 August 15, 2013 iYf-r 14".] Denton's «-ater system provides retail «-ater set -vice to all customers located « -irhin the CCN area, as «-ell as some wholesale customers. The «-aver impact fees calculated here only corer capital costs associated «-ith providing «-ater set -vice to retail customers. Service Units As discussed in the introduction, the current set -vice unit for Denton's «-ater impact fees is the "single - family- equivalent" (SFE), which is based on the size of the «-aver meter. The number of set -vice units associated «-irh meters of different sizes «-as calculated earlier. Multiplying the number of existing connections for each meter size by the set -vice units per meter yields total set -vice units for that meter size. Summing for all meter sizes yields the total number of «-ater set -vice units connected to the City's «-aver system, as shown in Table 6. N\Iiolesale customers have been excluded from the existing set -vice unit calculations. 5/8" x 3/4" 28,943 1.0 28,943 1" 1,393 2.5 3,483 1 -1/2" 816 5.0 4,080 2" 1,309 8.0 10,472 3" 254 22.5 5,715 4" 64 50.0 3,200 6" 13 100.0 1,300 8" 11 200.0 2,200 10" 2 325.0 650 Total SFEs 60,043 Total Served Population, 2013 119,129 SFEs per Served Population 0.5040 Source: Number of average active non - wholesale water connections by meter size from City of Denton Municipal Utilities, February 13, 2013; SFEs per meter from Table 5; total 2013 served water population from Land Use Assumptions (see Table 3 above). The growth in «-aver set -vice units (SFEs) over the 2013 -2023 planning period is derived from the Land use _assumptions. Toral population served by the Denton utilities «-ater system for each set -vice area from the Land use _assumptions is multiplied by the existing set -vice unit -to- served population ratio calculated in the prey -ions table to determine the projected number of set -vice units for each rear through 2023 in Table 7. Set -vice units are estimated by set -vice area (including_ for the potential "infill" service area) as «-ell as the entire system. City of IllDeinto�in, " "III "'X PURUC REVIEW 1)RAIIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 15 August 15, 2013 NY Table 7. Water Service Units, 2013-2023 2013 49,128 24,761 67,743 34,143 2,259 1,139 119,129 60,043 2014 49,639 25,018 69,017 34,785 2,259 1,139 120,915 60,942 2015 50,148 25,275 70,322 35,442 2,259 1,139 122,729 61,856 2016 50,659 25,532 71,044 35,806 2,259 1,139 123,962 62,477 2017 51,235 25,822 72,328 36,453 2,259 1,139 125,822 63,414 2018 52,256 26,337 73,692 37,141 2,390 1,205 128,338 64,683 2019 53,147 26,786 75,108 37,854 2,650 1,336 130,905 65,976 2020 53,593 27,011 76,890 38,753 3,040 1,532 133,523 67,296 2021 54,038 27,235 78,245 39,435 3,911 1,971 136,194 68,641 2022 54,395 27,415 79,173 39,903 5,350 2,696 138,918 70,014 2023 54,751 27,595 79,937 40,288 7,008 3,532 141,696 71,415 Source: Served population from City of Denton, Land Use Assumptions (see Table 3); service units (Single - Family Equivalents or SFEs) is product of served population and 2013 ratio of SFEs /served population from Table 6. The projected growth in «water set -vice units over the 1() rear planning horizon is summarized in Table 8 for each service area. In Pl 1 1 Zone 1A (Infill) 24,761 27,595 2,834 25% Zone 1B (Rest) 34,143 40,288 6,145 54% Zone 2 1,139 3,532 2,393 21% Total 60,043 71,415 11,372 100% Source: Table 7 Two types of «water demand are relevant for «water impact fees. Water treatment, transmission and distribution systems are sized to accommodate peak dad- demand requirements. Water supply- facilities are required only to accommodate average daily- demand. Average daily- per capita «water demand can be determined based on historic system -«vide demand in millions of gallons per dad (mgd) and historic set-vice area population. These per capita estimates represent both residential and nonresidential demand, and are useful for projecting future system requirements, particularly- when no significant shifts of land use ratios are expected. Average daily- per capita demands over the last six rears are presented in the follo «wing Table 9. These data show that non-wholesale «water demand has averaged 1-)8 gallons per capita per dad- (gpcd). The data also indicate that there is relatively little «water lost in the process, «with the raw «water used exceeding finished «water produced by an average of only 3° o percent. City of IllDeinto�in, " "III "'X PURUC REVIEW I1 MIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 16 August 15, 2013 • .. ITl I Yj NY 2007 15.679 0.214 15.894 0.002 15.896 1.000 108,674 144 2008 17.720 0.264 17.984 0.308 18.292 1.017 111,362 162 2009 16.704 0.311 17.015 0.714 17.729 1.042 113,464 153 2010 16.758 0.256 17.014 0.565 17.578 1.033 115,055 150 2011 19.638 0.298 19.936 0.961 20.897 1.048 116,206 177 2012 18.167 0.278 18.445 0.770 19.215 1.042 117,368 161 Average 17.444 0.270 17.715 0.553 18.268 1.030 113,688 158 Source: Average daily water production and 2007 -2010 total water CCN population from City of Denton Municipal Utilities, February 13, 2013; 2007 -2010 served population is 99% of total population; 2011 -2012 served population from City of Denton Planning and Development Department, "Land Use Assumptions for Impact Fee Assessments," July 2013; retail demand (gpcd) determined by multiplying retail consumption (in gpd) by ratio of raw to finished water, then dividing by served population. Peak day- demand over the last six rears is compared to average daily- demand in Table 10. These data indicate that peak dad- demand in Denton's «-ater system averages 1.86 times average dad- demand. 2007 30.24 15.89 1.90 2008 33.05 17.98 1.84 2009 31.01 17.01 1.82 2010 31.87 17.01 1.87 2011 37.52 19.94 1.88 2012 34.52 18.44 1.87 Average 33.04 17.71 1.86 Source: City of Denton Municipal Utilities; figures represent total finished water production (includes wholesale use). Based on these historical factors, average and peak day- «-ater demand from retail customers is projected for the 2013 -2023 planning period in Table 11 on the follo«-ing page. Giity of IllDeintoin, " "III "'X PURUC REVIEW 1)RAIIT duruma associates 2013 -2023 Capital Improvements Plan 17 August 15, 2013 NY 2013 119,129 158 18.82 1.030 19.38 1.86 36.05 2014 120,915 158 19.10 1.030 19.67 1.86 36.59 2015 122,729 158 19.39 1.030 19.97 1.86 37.14 2016 123,962 158 19.59 1.030 20.18 1.86 37.53 2017 125,822 158 19.88 1.030 20.48 1.86 38.09 2018 128,338 158 20.28 1.030 20.89 1.86 38.86 2019 130,905 158 20.68 1.030 21.3 1.86 39.62 2020 133,523 158 21.10 1.030 21.73 1.86 40.42 2021 136,194 158 21.52 1.030 22.17 1.86 41.24 2022 138,918 158 21.95 1.030 22.61 1.86 42.05 2023 141,696 158 22.39 1.030 23.06 1.86 42.89 Source: Served population from Table 7; average day per capita demand and ratio of raw to finished water production from Table 9; ratio of peak day to average day finished water production from Table 10; raw water and peak day demand exclude demand due to wholesale customers. Water Treatment N\,ater treatment facilities are sized to accommodate peak dad- demands. The masimtim daily- Capacity- of the Lake Lewisville «-ater treatment plant (WTP) is 28.9 m�gd. In June 2003, the City- completed ccrostniction of a new 20 m�gd «-ater treatment plant near Lake Rai- Roberts, bringing the total Capacity- of the two plants to 48.9 mgd. As summarized in Table 12, current retail demand plus wholesale «-ater sales consumes the equivalent of all of the capacity- of the Lake Lewisville plant and 38.3" o percent of the existing 20- nigd Lake Rai- Roberts plant. New «-ater customers over the nest ten rears «-ill increase the utilization of the Lake Rai- Roberts plant capacity- to 72. -)') Giit7 of IllDeintoin, " "III "'X PUBLIC REVIEW DRMIT duruma associates 2013 -2023 Capital Improvements Plan 18 August 15, 2013 NY Retail Peak Day Demand (mgd), 2013 36.05 Wholesale Peak Day Demand (mgd), 2013 0.50 Total Current Demand (mgd), 2013 36.55 — Lake Lewisville Plant Capacity (mgd) -28.90 Needed Capacity from Lake Ray Roberts Plant (mgd) 7.65 Existing Lake Ray Roberts Plant Capacity (mgd) 20.00 Percent of Existing Lake Ray Roberts Plant Needed, 2013 38.3% Retail Peak Day Demand, 2023 (mgd) 42.89 Wholesale Peak Day Demand (mgd), 2023 0.50 Total Peak Day Demand (mgd), 2023 43.39 — Lake Lewisville Plant Capacity (mgd) -28.90 Needed Capacity from Lake Ray Roberts Plant (mgd), 2023 14.49 Existing Lake Ray Roberts Plant Capacity (mgd) 20.00 Percent of Lake Ray Robert Plant Capacity Needed, 2023 72.5% Percent of Lake Ray Robert Plant Capacity Needed, 2023 72.5% — Percent of Lake Ray Roberts Capacity Needed, 2013 -38.3% Percent of Lake Ray Roberts Capacity Needed, 2013 -2023 34.2% Source: 2013 and 2023 average day water demand from Table 11; plant capacities from City of Denton Municipal Utilities. • • A The City's «-ater supply- comes primarily- from «-ater rights in Lake Le«-isville and Lake Rai- Roberts. The Le«-isville Reservoir « -as constricted by the U.S. Corps of Engineers to hold a total of 436,000 acre -feet of conseivation storage, of «-hich the City- holds the right to 21,000 acre -feet of storage. Based on a safe yield of 90.2 mgd, the (.itt- receives 4.34 mgd in «-ater rights from Lake Le«-isville. Most of the City's remaining «-ater needs are supplied by Lake Rai- Roberts. The reset -voir « -as constricted by the U.S. Corps of Engineers, «-ith the cities of Denton and Dallas being the local sponsors and responsible (26 "'o and 74" o respectively) for repaying 30 percent of the total cost. The City- has «-ater rights of 19.8 mgd from this lake, resulting in total «-ater rights of 24.1 mgd. _additional «-ater supply- capacity- comes in the form of credits for a portion of other user's «=aste« -ater that is returned to these «-ater bodies ( "effluent credits "), as « -ell as contract rights «-ith the City- of Dallas. The City's contract «-ith Dallas reserves a minimum of 0.30 mgd, regardless of «=hether the City- needs it, and the City- also has the right to purchase additional «-ater as needed. Ho«-ever, these additional sources of supply- « -ill not be considered in evaluating the City's «-ater supply-. The City's «-ater supply- is summarized in Table 13. Projected gro«-th over the planning period «-ill consume most of the current excess capacity- in Lake Ray- Roberts. City of Ill::feinto�in, " "III "'X PUBLIC REVIEW DRAIIT durrhca ass�oclafes 2013 -2023 Capital Improvements Plan 19 August 15, 2013 NY •. Total Average Day Raw Water Demand (mgd), 2013 19.65 — Lake Lewisville Capacity (mgd) -4.34 Needed Capacity from Lake Ray Roberts, 2013 15.31 Lake Ray Roberts Capacity (mgd) 19.76 Percent of Lake Ray Roberts Capacity Needed, 2013 77.5% Total Average Day Raw Water Demand (mgd), 2023 23.33 — Lake Lewisville Capacity (mgd) -4.34 Needed Capacity from Lake Ray Roberts, 2023 18.99 Lake Ray Roberts Capacity (mgd) 19.76 Percent of Lake Ray Roberts Capacity Needed, 2023 96.1% Percent of Lake Ray Roberts Capacity Needed, 2023 96.1% — Percent of Lake Ray Roberts Capacity Needed, 2013 -77.5% Percent of Lake Ray Roberts Capacity Needed, 2013 -2023 18.6% Source: 2013 and 2023 average day raw water demand is retail raw water demand from Table 11 plus 0.27 mgd average wholesale demand from Table 9; lake capacities from City of Denton Municipal Utilities. Capital improvements identified in the City's «-ater master plan and by City- watt as necessary to accommodate gro« rh over the nest ten rears are summarized in Table 14. The capital improvements include both existing facilities «-irh excess capacity- to serve ne«= customer demand as tiv ell as planned improvements. The portions of the costs of the Lake Rai- Roberts treatment plant and the Lake Rai- Roberts reservoir that are attributable to gro«-rh over the planning period are based on the capacity- of the facilities and the ne«= demand generated by the anticipated gro«-rh over the period. For pump stations, «-ater storage ranks and transmission lines, the portions of the costs attributable to gro« -rh are based on determination of existing and planned facility- capacities and modeling of 2013 and 2023 demands performed by constdring engineers for the Ciro- of Denton. A portion of the cost of three of the planned improvements «-ill serve existing customers, and these are identified as existing deticlencles. City of Ill::feinto�in, " "III "'X PUBLIC REVIEW DRAIIT durrhca ass�oclafes 2013 -2023 Capital Improvements Plan 20 August 15, 2013 NY Lake Ray Roberts $153,306,163 77.5% 96.1% 18.6% $28,514,946 $0 Lake Ray Roberts Water Treatment Plant $56,445,235 38.3% 72.5% 34.2% $19,304,270 $0 54" Transmission Line $9,590,299 30.0% 45.0% 15.0% $1,438,545 $0 Loop 288 Water Main, Sherrnan -UNT $4,361,849 25.0% 40.0% 15.0% $654,277 $0 Loop 288 Water Main, Sherrnan -380 $3,518,352 25.0% 40.0% 15.0% $527,753 $0 NW Elevated Storage Tank $2,339,988 30.0% 60.0% 30.0% $701,996 $0 SW Purnp Station $5,912,002 20.0% 40.0% 20.0% $1,182,400 $0 SW PS Oversize Discharge Line (30 -36 ") $284,477 5.0% 10.0% 5.0% $14,224 $0 Vintage Oversize Line (12 -20 ") $254,269 25.0% 60.0% 35.0% $88,994 $0 North -South Water Line, Phase 1 $6,038,601 25.0% 35.0% 10.0% $603,860 $0 Roselawn Elevated Storage Tank $6,299,440 75.0% 85.0% 10.0% $629,944 $0 Roselawn Water Line $1,797,363 30.0% 55.0% 25.0% $449,341 $0 Masch Branch Rd Water Line Extension $645,781 15.0% 30.0% 15.0% $96,867 $0 US 380 Urban Utility Relocation $1,519,926 25.0% 30.0% 5.0% $75,996 $0 Rayzor Ranch Oversize Line (16 -20 ") $133,226 10.0% 25.0% 15.0% $19,984 $0 Subtotal, Existing Eligible Projects $252,446,971 na na na $54,303,397 $0 North -South Water Line, Phase 11 $5,380,772 0.0% 35.0% 35.0% $1,883,270 $0 1 -35 Parallel Line Crossing $1,959,552 15.0% 30.0% 15.0% $293,933 $293,933 High School Booster Purnp Station $4,704,000 0.0% 30.0% 30.0% $1,411,200 $0 Elrn /Loop 288 Water Lines $3,832,013 0.0% 30.0% 30.0% $1,149,604 $0 Alfred /John Paine Water Line $4,298,515 0.0% 20.0% 20.0% $859,703 $0 Southwest Elevated Storage Tank $5,376,000 10.0% 20.0% 10.0% $537,600 $537,600 McKinney Water Line and PRV $987,840 10.0% 25.0% 15.0% $148,176 $98,784 University Water Line and PRV $1,724,083 0.0% 30.0% 30.0% $517,225 $0 New McKenna Booster Purnp Station $8,064,000 0.0% 65.0% 65.0% $5,241,600 $0 1 -35W Water Line $4,466,650 0.0% 20.0% 20.0% $893,330 $0 1 -35W /Corbin Water Line $1,781,472 0.0% 20.0% 20.0% $356,294 $0 South Central Transmission Lines $10,583,731 0.0% 15.0% 15.0% $1,587,560 $0 Subtotal, Proposed Eligible Projects $53,158,628 na na na $14,879,495 $930,317 Total $305,605,599 na na na $69,182,892 $930,317 Source: Total costs in 2013 dollars and utilization percentages (for improvements other than Lake Ray Roberts and Lake Ray Roberts water treatment plant) from Freese and Nichols, "Water Impact Fee Utilization Calculations," May 31, 2013; utilization percentages for Lake Ray Roberts WTP from Table 12; utilization percentages for Lake Ray Roberts from Table 13; deficiency cost is total cost times 2013 percent utilized for planned improvements. Giity of IllDeintoin, " "III "'X PUBLIC REVIEW DRAIIT duruma associates 2013 -2023 Capital Improvements Plan 21 August 15, 2013 NY The system -« ide gro«-rh costs sho « -n above are allocated to service areas based on projected service unit gro« rh and /or h� drol >� is modeling, as sho « -n in Table 1- Belo«-. LK 31 1 1 Lake Ray Roberts $28,514,946 25.0% 54.0% 21.0% $7,128,737 $15,398,071 $5,988,139 Lake Ray Roberts WTP $19,304,270 25.0% 54.0% 21.0% $4,826,068 $10,424,306 $4,053,897 54" Transmission Line $1,438,545 25.0% 54.0% 21.0% $359,636 $776,814 $302,094 Loop 288 Water Main, Sherrnan -UNT $654,277 25.0% 54.0% 21.0% $163,569 $353,310 $137,398 Loop 288 Water Main, Sherrnan -380 $527,753 25.0% 54.0% 21.0% $131,938 $284,987 $110,828 NW Elevated Storage Tank $701,996 0.0% 100.0% 0.0% $0 $701,996 $0 SW Purnp Station $1,182,400 0.0% 60.0% 40.0% $0 $709,440 $472,960 SW PS Oversize Discharge Line (30 -36 ") $14,224 0.0% 60.0% 40.0% $0 $8,534 $5,690 Vintage Oversize Line (12 -20 ") $88,994 0.0% 45.0% 55.0% $0 $40,047 $48,947 North -South Water Line, Phase 1 $603,860 25.0% 54.0% 21.0% $150,965 $326,084 $126,811 Roselawn Elevated Storage Tank $629,944 25.0% 54.0% 21.0% $157,486 $340,170 $132,288 Roselawn Water Line $449,341 25.0% 54.0% 21.0% $112,335 $242,644 $94,362 Masch Branch Rd Water Line Extension $96,867 0.0% 100.0% 0.0% $0 $96,867 $0 US 380 Urban Utility Relocation $75,996 0.0% 100.0% 0.0% $0 $75,996 $0 Rayzor Ranch Oversize Line (16 -20 ") $19,984 0.0% 100.0% 0.0% $0 $19,984 $0 Subtotal, Existing Eligible Projects $54,303,397 na na na $13,030,734 $29,799,250 $11,473,414 North -South Water Line, Phase 11 $1,883,270 0.0% 60.0% 40.0% $0 $1,129,962 $753,308 1 -35 Parallel Line Crossing $293,933 0.0% 100.0% 0.0% $0 $293,933 $0 High School Booster Purnp Station $1,411,200 0.0% 100.0% 0.0% $0 $1,411,200 $0 Elrn /Loop 288 Water Lines $1,149,604 0.0% 100.0% 0.0% $0 $1,149,604 $0 Alfred /John Paine Water Line $859,703 0.0% 35.0% 65.0% $0 $300,896 $558,807 Southwest Elevated Storage Tank $537,600 0.0% 60.0% 40.0% $0 $322,560 $215,040 McKinney Water Line and PRV $148,176 0.0% 100.0% 0.0% $0 $148,176 $0 University Water Line and PRV $517,225 0.0% 100.0% 0.0% $0 $517,225 $0 New McKenna Booster Purnp Station $5,241,600 0.0% 60.0% 40.0% $0 $3,144,960 $2,096,640 1 -35W Water Line $893,330 0.0% 35.0% 65.0% $0 $312,666 $580,665 I -35W /Corbin Water Line $356,294 0.0% 45.0% 55.0% $0 $160,332 $195,962 South Central Transmission Lines $1,587,560 0.0% 60.0% 40.0% $0 $952,536 $635,024 Subtotal, Proposed Eligible Projects $14,879,495 na na na $0 $9,844,050 $5,035,446 Total $69,182,892 na na na $13,030,734 $39,643,300 $16,508,860 Source: System -wide growth costs from Table 14; service area utilization percentages from Freese and Nichols, "Water Impact Fee Utilization Calculations," May 31, 2013. In addition to those costs direct1v attributable to gro« rh there are interest costs associated «-irh funding capital improvements «-ith revenue bonds or other forms of debt. The Ciro- traditionally- funds all of its major «-ater system capital improvements «-ith bonds, and consequently- incurs interest costs. _according to State la«-, these interest costs can be recovered rhrotigh impact fees. Based on the analysis provided in the _appendix, the direct costs should be increased by 12.4" o to account for interest costs. The final step in determining the cost per set -vice unit is to divide the total capital cost attributable to gro« -th over the next ten rears in each service area by the anticipated gro«-th in set -vice units over the same time period. The results are sho « -n in Table 16 Belo«-. Ginty of IllDeintoin, " "III "'X PUBLIC REVIEW DRAIIT duruma associates 2013 -2023 Capital Improvements Plan 22 August 15, 2013 NY Direct Growth Costs, 2013 -2023 $13,030,734 $39,643,300 $52,674,034 $16,508,860 Debt Service Interest Cost $1,615,811 $4,915,769 $6,531,580 $2,047,099 Total Growth Costs, 2013 -2023 $14,646,545 $44,559,069 $59,205,614 $18,555,959 New SFEs, 2013 -2023 2,834 6,145 8,979 2,393 Cost per SFE $5,168 $7,251 $6,594 $7,754 Source: Direct growth costs from Table 15; debt service cost is growth cost times real interest cost factor (0.124) from Table 39 in the Appendix; new SFEs from Table 8. Ne«- «-ater customers «-ill help pad- off outstanding debt incurred for existing facilities through their monthly cares. To avoid requiring ne«= customers to pad- r«-ice for capital facilities, once through impact fees and again throtigh rare paynnents, the impact fees should be reduced to account for such debt set- -ice paynnents. A simple and reasonable approach to calculating the credit is to divide outstanding debt by current set- -ice units, and use this figure as the credit per set -vice unit. The rationale behind this approach is simple to explain and understand. Existing customers are being allo«-ed to pad- fora portion of their capital costs throtigh their rate paynnents; reducing impact fees by this amount puts ne«= customers on an equal footing «-ith existing customers. All customers «-ill be funding the same share of their capital costs through rare paynnents. Credit does not need to be provided for the share of current debt that is arrributable to past improvements that still have capacity- remaining to serve future gro«-rh. In fact, this portion of debr could be retired by future impact fees. The percentages of original bond issues related to improvements «-ith excess capacity- to serve future customers are sho « -n in Table 17. Lake Ray Roberts Water Rights 35.20% Lake Ray Roberts Water Treatment Plant 48.99% 10.50% 900 Pressure Plain Tank /NW Elev Storage Tank 2.14% Loop 288 Wtr Main - Sherman to Hwy 380 1.18% Southwest Booster Pump Station 4.58% 54" Transmission Line 4.49% Loop 288 Wtr Main Sherman to UNT 1.46% US 380 Urban Utility Relocation 0.17% 0.12% Roselawn Elevated Storage Tank 1.89% North -South Water Line Phase 1 5.96% Denia - Roselawn Water Line 1.53% 0.15% SW PS Oversize Discharge Line 0.06% Rayzor Ranch Oversize Line 0.18% Total 35.20% 60.41% 12.04% 4.80% 6.14% Source: City of Denton Municipal Utilities, July 29, 2013 The outstanding «-ater debt arrributable to excess capacity is derived by multiplying the outstanding debr associated «-ith each bond issue by the percentages calculated above, as sho « -n in Table 18. City of Ill::feinto�in, " "III "'X PUBLIC REVIEW DRAIIT durrhca ass�oclates 2013 -2023 Capital Improvements Plan 23 August 15, 2013 NY 2005 - Refunding of 1998 A $15,764,132 35.20% $5,548,933 2005 - Refunding of 2000 $9,280,868 60.41% $5,606,537 2007 - Refunding of 1998 A $15,284,296 35.20% $5,380,032 2007 - Refunding of 2001 $10,020,704 12.04% $1,206,115 2007 - Original Bond Issue $7,630,000 6.14% $468,524 2010 - Refunding of 1998A/B $1,062,990 35.20% $374,170 2010 - Refunding of 2000A $1,852,530 60.41% $1,119,106 2010 - Refunding of 2002A $13,699,480 4.80% $657,211 2011 - Refunding of 2001 $1,780,000 12.04% $214,245 Total $20,574,873 Source: Outstanding debt from City of Denton Municipal Utilities, July 29, 2013, percentages from Table 17. In addition to outstanding debt on existing facilities, there are also some existing deficiencies that -ill be remedied by the planned improvements. The sum of oursranding debt and deficiency- costs represents the future cost to serve existing customers. The credit is calculared by dividing total existing customer costs bv existing set- -ice units, as shown in Table 19. Total Outstanding Water Debt $126,540,000 — Outstanding Debt Associated with Excess Capacity - $20,574,873 Outstanding Debt for Facilities Serving Existing Custorners $105,965,127 Deficiency Cost $930,317 Future Existing Custorner Cost $106,895,444 x Interest Cost Factor 1.124 Total Existing Custorner Cost $120,150,479 Existing Service Units (SFEs) 60,043 Credit per SFE $2,001 Source: Total outstanding debt from City of Denton Municipal Utilities as of September 30, 2012; debt attributable to excess capacity from Table 18; deficiency cost from Table 14; interest cost factor from Table 39; existing SFEs from Table 6. The calculated net cost per set- -ice unit is the cost per set- -ice unit less the revenue credit per service unit. An alternative to calculating; the revenue credit, provided by Chapter 395), is simply- to divide the cost per service unit in half. The ner costs derived from these tvo alrernarive merhods are compared in Table 20. Cost per SFE $5,168 $7,251 $6,594 $7,754 — Revenue Credit per SFE - $2,001 - $2,001 - $2,001 - $2,001 Calculated Net Cost per SFE $3,167 $5,250 $4,593 $5,753 Alternative Net Cost per SFE $2,584 $3,626 $3,297 $3,877 Source: Cost per SFE from Table 16; calculated revenue credit per SFE from Table 19; alternative net cost per SFE is one -half the calculated cost per SFE, per State law. City of Ill::feintoin, " "III "'X PUBLIC REVIEW DRAIIT duruma associates 2013 -2023 Capital Improvements Plan 24 August 15, 2013 NY 1 • I !. The City- Council could enact updated «eater impact tees at either of the alternatiye net costs shown above, or ar a reduced level. The following net cost schedule represents the maximum impact fees that may be charged by the Ciro- for «eater system facilities, based on the Land use _assumptions, the utilitt- sysrem e�valtuation and capital impro� emenr cost estimates prepared by Citt of Denton Municipal utilities staff and engineering consultants, and the additional data and analysis presented in this «-aver impact fee Capital Improvements Plan. Updated Net Cost /SFE $3,167 $5,250 $4,593 $5,753 Current Fee per SFE $3,400 $3,400 $3,400 $4,000 Percent Change -7% 54% 35% 44% Source: Updated net cost per SFE from Table 20; current fee from City of Denton Code of Ordinances, Sec. 26 -222. Based on the growth projections in the Land use _assumptions, potential system -«vide revenues over the next ren rears « vould be 37" o higher under the potential fees calculated in this report than under the current fees, as shown in Table 22. These revenue projections should be vie«ved cautiously-, since they depend entirely- on the growth projections. It should also be noted that the updated fees «will not apply- to properties platted under the previous impact fee schedule, a fact that is not accounted for in these revenue projections. Updated Net Cost per SFE $3,167 $5,250 $4,593 $5,753 na x New SFEs, 2013 -2023 2,834 6,145 8,979 2,393 11,372 Potential Revenue with Updated Fees $8,975,278 $32,261,250 $41,240,547 $13,766,929 $55,007,476 Current Fee per SFE $3,400 $3,400 $3,400 $4,000 na x New SFEs, 2013 -2023 2,834 6,145 8,979 2,393 11,372 Potential Revenue with Current Fees $9,635,600 $20,893,000 $30,528,600 $9,572,000 $40,100,600 Percent Change frorn Current Fees -7% 54% 35% 44% 37% Source: Updated net cost per SFE from Table 20; new SFEs from Table 8. If the impact fees are adopted at 100 of the full net cost, new customers, system- «vide, «votuld pad- 71 of their attributable cost of capital improvements through impact fees, and the rest rhrotigh future rare payments that «will be used to (a) retire existing debt associated «with existing improvements that are serving existing customers and (b) retire future debt issued to fund planned improvements that «will remedy- capacity deficiencies for existing customers. The percentage of costs covered through impact fees varies by set-vice area, because the utility debt is paid by all customers, regardless of set-vice area, and the debt credit is a larger parr of the gross fee per set-vice unit in set-vice areas «with smaller fees. The percentages of growth- related costs paid that «would be through impact fees are shown in Table 23. City of Ill::feinto�in, " "III "'X PUBLIC REVIEW I1 MIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 25 August 15, 2013 NY Table 23. Water Growth Costs and Revenues, 2013 -2023 Zone 1A Zone 1B Zone 1 System- .- Impact Fee Revenues, 2013 -2023 $8,975,278 $32,261,250 $41,240,547 $13,766,929 $55,007,476 Total Growth Costs, 2013 -2023 $14,646,545 $44,559,069 $59,205,614 $18,555,959 $77,761,573 Percent Paid by Impact fees 61% 72% 70% 74% 71% Source: Impact fee revenues from Table 22; growth costs from Table 16. 0i4y of IllDeintoin, " "III "'X PUBLIC REVIEW DRMIT duruhca associates 2013 -2023 Capital Improvements Plan 26 August 15, 2013 IYkV1i :AYfr14:1 The City's «=aste« -ater system provides retail «- aste« -ater collection and treatment to customers -ithin the (CN area, as « -ell as «- aste« -ater treatment to three wholesale customers — Corinth, I item and _argyle. The impact fees calculated in this report exclude costs to serve the City's wholesale customers. Service Units The current service unit for Denton's «-aste«-ater impact fees is the "single - family- egtilvalent" (SFE), which is based on the size of the «-ater meter. This is reasonable, since «-aste«-ater generation is not metered directly- and rends to be proportional to «-ater usage. An SFE is the «=asre« -ater demand associared «-ith the smallest «-ater meter used in the system (�/8" x 3/4"), which is the meter typically used by a single - family- residence. The ratio of each larger meter's capacity to the capacity of the base meter determines the SFE multiplier applied to each larger meter size. Multiplying the number of existing retail «=asre«-ater connections (i.e., excluding wholesale customers) «-ith each meter size by the set -vice units per meter yields total set -vice units for that meter size. Summing for all meter sizes yields the total number of «=aste«-ater set -vice units connected to the City's system, as shown in Table 24. I 5/8" x 3/4" 28,367 1.0 28,367 1" 1,035 2.5 2,588 1 -1/2" 659 5.0 3,295 2" 946 8.0 7,568 3" 113 22.5 2,543 4" 54 50.0 2,700 6" 13 100.0 1,300 8" 10 200.0 2,000 10" 2 325.0 650 Total 31,199 51,011 Total Served Population, 2013 118,547 SFEs per Served Population 0.4303 Source: Active non - wholesale wastewater connections by meter size from the City of Denton, February 26, 2013; SFEs per meter from Table 5; 2013 served population from Table 4. The growth in «=aste«-ater set -vice units (SFEs) over the 2013 -2023 planning period is derived from the Land use _assumptions. Total population served by the Denton utilities «-aste«-ater sysrem for each service area from the Land use _assumptions is multiplied by the existing set -vice unit -to- served population ratio calculared in the prey -ions table to determine the projected number of set -vice units for each year rhrotigh 2023 and for each service area in Table 23. City of IllDeinto�in, " "III "'X PURUC REVIEW I1 MIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 27 August 15, 2013 1yiy Table 2013 49,128 21,140 67,839 29,191 1,580 680 118,547 51,011 2014 49,639 21,360 69,107 29,737 1,580 680 120,326 51,776 2015 50,148 21,579 70,403 30,294 1,580 680 122,131 52,553 2016 50,659 21,799 71,116 30,601 1,580 680 123,355 53,080 2017 51,235 22,046 72,390 31,149 1,580 680 125,205 53,876 2018 52,256 22,486 73,873 31,788 1,580 680 127,709 54,953 2019 53,147 22,869 75,536 32,503 1,580 680 130,263 56,052 2020 53,593 23,061 77,174 33,208 2,102 904 132,869 57,174 2021 54,038 23,253 78,605 33,824 2,883 1,241 135,526 58,317 2022 54,395 23,406 79,658 34,277 4,184 1,800 138,237 59,483 2023 54,751 23,559 80,569 34,669 5,681 2,445 141,001 60,673 New SFEs, 2013 -2023 2,419 5,478 1,765 9,662 Source: Served population for wastewater service areas from City of Denton, Land Use Assumptions (see Table 4); SFEs is product of served population and SFEs /served population from Table 24. Average per capita «vasre«vater demands can be determined based on historic system -«vide demand in millions of gallons per dad- (mgd) and historic served population. These per capita estimates represent both residential and nonresidential demand, and are useful for projecting future system requirements, particularly «when no significant shifts of land use ratios are expected. NV,tsre«varer treatment facilities are primarily- designed to accommodare average daily- flo «vs. As summarized in Table 26, per capita «vasre«vater flo «vs to the treatment plant over the last eight rears have averaged 124 gallons per capita per dad- (gpcd). These calculations exclude «vholesale «vaste«vater flo «vs. In addition, they represent flo «vs per served or connected population, «vhich has been determined based on recent studies by the Ciro- of Denton to be about 99 percent of total population. These factors «will be used to project future average daily- demand in the service areas. .i 2005 13.67 102,525 133 2006 11.71 105,754 111 2007 15.02 108,674 138 2008 15.05 110,818 136 2009 13.31 112,910 118 2010 12.52 114,494 109 2011 13.80 115,639 119 2012 15.02 116,795 129 Average 124 Source: Average influent flows (excluding wholesale) and 2005- 2010 wastewater CCN total population from City of Denton Municipal Utilities, February 13, 2013; 2005 -2010 served population is 99% of total population; 2011 -2012 served population from City of Denton Planning and Development Department, "Land Use Assumptions for Impact Fee Assessments," July 2013. Gity of Dellrm "t'C in, ..IL X PURUC REVIEW I)RAIIT duruma ni Cssocfafes 2013 -2023 Capital Improvements Plan 28 August 15, 2013 1yiy Projected «-aste«-ater demand over the nest ren rears is summarized in Table 27 for the tvo current set -vice areas. A projection of demand from the proposed infill service area is not necessaiv, since these customers « -ill be sewed by the existing Pecan Creek treatment plant that « -ill also continue to serve the remainder of the current Zone 1 area. X1'.:7 [ '. A' T�:i \ ►��F'i dF,'fiT 7 07-M, TTiT' 2013 116,967 124 14.50 0.56 15.06 2014 118,746 124 14.72 0.56 15.28 2015 120,551 124 14.95 0.56 15.51 2016 121,775 124 15.10 0.57 15.67 2017 123,625 124 15.33 0.57 15.90 2018 126,129 124 15.64 0.57 16.21 2019 128,683 124 15.96 0.57 16.53 2020 130,767 124 16.22 0.58 16.80 2021 132,643 124 16.45 0.58 17.03 2022 134,053 124 16.62 0.58 17.20 2023 135,320 124 16.78 0.58 17.36 Zone 1 Growth, 2013 -2023 2.28 0.02 2.30 2013 1,580 124 0.20 0.00 0.20 2014 1,580 124 0.20 0.00 0.20 2015 1,580 124 0.20 0.00 0.20 2016 1,580 124 0.20 0.00 0.20 2017 1,580 124 0.20 0.00 0.20 2018 1,580 124 0.20 0.00 0.20 2019 1,580 124 0.20 0.00 0.20 2020 2,102 124 0.26 0.00 0.26 2021 2,883 124 0.36 0.00 0.36 2022 4,184 124 0.52 0.00 0.52 2023 5,681 124 0.70 0.00 0.70 Zone 2 Growth, 2013 -2023 0.50 0.00 0.50 Systernwide Growth, 2013 -2023 2.78 0.02 2.80 Source: Served population from Table 25; per capita retail demand from Table 26; wholesale flows from City of Denton Municipal Utilities. Wastewater Treatment To accommodate future growth in the Pecan, Hickoty and Cooper Creek basins, the City- built a 6- mgd expansion to the Pecan Creek Water Reclamation Plant in December 2003. The plant is no«= designed to treat up to 21 mgd, and is in compliance «-ith all Stare and Federal discharge permits. This plant provides adequate treatment capacity to serve projected growth in the Pecan, Hickoty and Cooper Creek basins for the next ten rears. Treatment capacity- to serve the Clear Creek basin « -ill be provided «-ith a new 3 -mgd Clear Creek «-aste«-ater treatment plant. The new «-aste«-ater demand from Zone 1 (including the proposed Zone 1A infill set -vice area) «-ill be served by excess capacit,- in the existing Pecan Creek plant. The original capacity- of the Pecan Creek plant (1) mgd) prior to the 2003 6 -mgd expansion has already- been consumed by existing customers. Ne«= development in Zone 1 over the nest ten rears «-ill consume 38.0` 0 of the capacity- of the 6 mgd expansion. Ne«- «-aste«-ater demand from Zone 2 «-ill be served by the new 3 mgd City of IllDeinto�in, " "III "'X PUBLIC REVIEW1)RAIIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 29 August 15, 2013 1yiy Clear Creek plant. Ne«= development in Zone 2 over the nest ten rears «-ill consume 16.7" o of the ne«= Clear Creek plant, as sho « -n in Table 28. 1 1 New Retail Average Day Demand (mgd), Zone 1, 2013 -2023 2.28 Capacity of 2003 Pecan Creek Plant Expansion (mgd) 6.00 % of 2003 Pecan Creek Plant Capacity Expansion Needed to Serve Zone 1 Retail Growth 38.0% New Retail Average Day Demand (mgd), Zone 2, 2013 -2023 0.50 Capacity of New Clear Creek Plant (mgd) 3.00 % of Clear Creek Plant Capacity Needed to Serve Zone 2 Retail Growth 16.7% Source: New retail demand in Zone 1 and Zone 2 from Table 27; capacities from City of Denton Municipal Utilities. N\Iiile the capacity- and demand on treatment plants are appropriately- measured in terms of average daily- flo « -s, other Nvaste«-ater facilities must be sized to accommodate peak dad- flo«-. Peak flo « -s for 2013 and 2023 «ere projected by City engineers utilizing the «acre «aver model. N\Ilolesale flo « -s have been excluded from the calculation of the shares of treatment plant improvements attributable to customer gro«-th over the next ten rears. Ho«-ever, it is not possible to separate out increased demand from «- holesale «-asre«-arer customers in the model. As can be derived from the data in Table 27 above, gro«-th in demand from retail customers accounts for 99.30" o of total projected gro«-th in average dad- flo « -s. Projected 2023 peak flo « -s for non - treatment -plant improvements have been adjusted by this factor to remove the cost attributable to accommodating an increase in «=holesale demand from the impact fee calculations. Some of the interceptor improvements are replacing existing lines that do nor have enotigh capacity- to accommodate current peak flo« -s. In such cases, some of the cost of the ne«- line is attributable to replacing the capacity- provided by the current line, to adding capacity- to remedy- the existing deficiencies, to providing ne«= capacity- for gro«-th over the nest ten rears and to providing additional capacity to serve long -term future needs. The shares of all eligible improv ements included in the Capital Improvements Plan that are attributable to remedying existing deficiencies and accommodating gro«-rh over the nest ren rears are sho « -n in Table 29. City of Ill::feinto�in, " "III "'X PUBLIC REVIEW DRAIIT duruma ass�oclafes 2013 -2023 Capital Improvements Plan 30 August 15, 2013 N Existing Zone 1 Improvements S Wet Weather Lift Station /Detention Pond 6.72 6.72 1.93 2.60 10.0% 0.0% Cooper Creek Outfall (Loop 288) 18.50 18.50 13.38 13.61 1.2% 0.0% Krurn Sewer Line 10.02 10.02 1.04 3.82 27.7% 0.0% Graveyard Branch Interceptor 21.15 21.15 1.05 1.47 2.0% 0.0% Pecan Creek Interceptor (Ph 1 fr 2) 35.55 35.55 33.34 35.55 6.2% 0.0% Pecan Creek Interceptor 1 37.49 37.49 34.61 37.49 7.7% 0.0% Roark Branch Interceptor 7.24 7.24 0.00 3.81 52.6% 0.0% State School Interceptor 1 34.68 34.68 24.07 25.03 2.8% 0.0% Proposed Zone 1 Improvements Carroll Ave Interceptor 3.61 5.87 3.84 4.33 21.7% 10.2% Cooper Creek Interceptor 1 10.16 18.42 15.64 17.16 18.4% 66.3% Cooper Creek Interceptor II 5.62 14.56 11.89 13.00 12.4% 70.1% Cooper Creek Interceptor III 4.53 14.49 9.72 10.37 6.5% 52.1% Cooper Creek Interceptor IV 0.00 3.39 0.00 1.89 55.8% 0.0% Cooper Creek Lift Station /Detention Pond 0.00 0.75 0.00 0.29 38.7% 0.0% Dry Fork Hickory Crk Trib. 1 Interceptor 2.90 6.56 5.93 6.48 15.0% 82.8% Elm Street Sewer Replacements 1.44 4.23 1.67 1.86 6.8% 8.2% Hickory Creek Interceptor 1 9.32 43.22 19.74 30.60 32.0% 30.7% Hickory Creek Interceptor II 7.17 33.48 15.99 26.93 41.6% 33.5% Hickory Creek Interceptor III 4.56 20.41 11.61 19.46 49.5% 44.5% Hickory Creek Interceptor IV 1.09 4.30 2.25 3.29 32.4% 36.1% Hickory Creek Lift Station /Detention Pond 0.00 4.04 0.00 2.81 69.6% 0.0% Hickory Creek Outfall 11.30 34.56 11.93 12.21 1.2% 2.7% Pecan Creek Interceptor II 8.09 37.47 23.43 26.74 11.3% 52.2% Pecan Creek Interceptor III 5.81 24.71 23.24 24.82 7.8% 92.2% Pecan Creek Interceptor IV 4.03 25.50 14.24 17.01 12.9% 47.6% Pecan Creek Interceptor V 8.51 21.61 21.13 22.39 3.7% 96.3% State School Interceptor II 13.70 61.88 23.42 24.34 1.9% 20.2% US 380 Utility Relocations 1.08 4.41 3.66 4.47 22.5% 77.5% West Peak Flow Lift Station/ Det. Pond 0.00 6.24 0.00 3.63 58.2% 0.0% Westgate Heights Interceptor 1.15 3.60 2.89 3.60 29.0% 71.0% Woodhaven Interceptor 0.76 1.46 0.80 0.88 11.4% 0.0% Proposed Zone 2 Improvements Clear Creek Interceptor 0.00 3.00 0 0.34 11.3% 0.0% Source: Capacities and flows (in mgd except for detention facilities, which are in mg) from City of Denton Municipal Utilities; deficiency percentage is the ratio of the difference between 2013 demand and 2013 capacity to 2013 -2023 growth in capacity; growth percentage is ratio of new 2013 -2023 flows to 2013 -2023 growth in capacity, unless 2023 capacities are insufficient for 2023 flows, in which case it is the ratio of 2018 capacity less 2008 flow to 2018 capacity. Oiity of IllDeintoin, " "III "'X PUBLIC REVIEW DRAIT durrhca ray associates 2013 -2023 Capital Improvements Plan 31 August 15, 2013 1yiy Waste«-ater capital improvements and costs identified by City- of Denton Municipal utilities' staff as necessaiy to accommodate gro« -th over the next ten rears, along «-ith the shares of project costs attributable to existing; deficiencies, are summarized in Table 30. Pecan Creek WRP (15 rngd) $39,528,174 0.0% $0 30.6% $0 $0 Pecan Creek WRP 6 rngd expansion $30,005,125 38.0% $11,401,948 30.6% $3,488,996 $0 S Wet Weather Lift Station /Detention Pond $1,552,898 10.0% $155,290 0% $0 $0 Cooper Creek Outfall (Loop 288) $3,898,807 1.2% $46,786 0% $0 $0 Krurn Sewer Line $398,450 27.7% $110,371 0% $0 $0 Graveyard Branch Interceptor $5,004,952 2.0% $100,099 0% $0 $0 Pecan Creek Interceptor (Ph 1 fr 2) $3,363,189 6.2% $208,518 55% $114,685 $0 Pecan Creek Interceptor 1 $1,975,672 7.7% $152,127 91% $138,436 $0 Roark Branch Interceptor $854,774 52.6% $449,611 0% $0 $0 State School Interceptor 1 $1,660,869 2.8% $46,504 0% $0 $0 Existing Irnprovernents Subtotal, Zone 1 $88,242,910 $12,671,254 $3,742,117 $0 Carroll Ave Interceptor $472,799 21.7% $102,597 100.0% $102,597 $48,225 Cooper Creek Interceptor 1 $608,498 18.4% $111,964 0.0% $0 $403,434 Cooper Creek Interceptor 11 $1,293,395 12.4% $160,381 0.0% $0 $906,670 Cooper Creek Interceptor 111 $1,239,878 6.5% $80,592 0.0% $0 $645,976 Cooper Creek Interceptor IV $249,528 55.8% $139,237 0.0% $0 $0 Cooper Creek Lift Station /Detention Pond $1,543,050 38.7% $597,160 0.0% $0 $0 Dry Fork Hickory Crk Trib. 1 Interceptor $2,294,968 15.0% $344,245 0.0% $0 $1,900,234 Elrn Street Sewer Replacernents $204,515 6.8% $13,907 100.0% $13,907 $16,770 Hickory Creek Interceptor 1 $4,494,098 32.0% $1,438,111 0.0% $0 $1,379,688 Hickory Creek Interceptor 11 $6,497,359 41.6% $2,702,901 0.0% $0 $2,176,615 Hickory Creek Interceptor 111 $7,247,205 49.5% $3,587,366 0.0% $0 $3,225,006 Hickory Creek Interceptor IV $2,361,574 32.4% $765,150 0.0% $0 $852,528 Hickory Creek Lift Station /Detention Pond $8,293,840 69.6% $5,772,513 0.0% $0 $0 Hickory Creek Outfall $466,857 1.2% $5,602 0.0% $0 $12,605 Pecan Creek Interceptor 11 $3,114,198 11.3% $351,904 80.0% $281,523 $1,625,611 Pecan Creek Interceptor 111 $1,899,937 7.8% $148,195 77.0% $114,110 $1,751,742 Pecan Creek Interceptor IV $1,436,302 12.9% $185,283 53.0% $98,200 $683,680 Pecan Creek Interceptor V $3,124,089 3.7% $115,591 55.0% $63,575 $3,008,498 State School Interceptor 11 $4,551,156 1.9% $86,472 0.0% $0 $919,334 US 380 Utility Relocations $1,378,425 22.5% $310,146 26.0% $80,638 $1,068,279 West Peak Flow Lift Station/ Det. Pond $3,846,360 58.2% $2,238,582 55.0% $1,231,220 $0 Westgate Heights Interceptor $405,713 29.0% $117,657 0.0% $0 $288,056 Woodhaven Interceptor $256,016 11.4% $29,186 100.0% $29,186 $0 Proposed Irnprovernents Subtotal, Zone 1 $57,279,760 $19,404,742 10.4% $2,014,956 $20,912,951 Zone 1 Total $145,522,670 $32,075,996 17.9% $5,757,073 $20,912,951 Clear Creek Interceptor $8,496,199 11.3% $960,070 0.0% $0 $0 Clear Creek WRP $20,482,310 16.7% $3,420,546 0.0% $0 $0 Zone 2 Proposed Irnprovernents Total $28,978,509 $4,380,616 $0 $0 Source: Total cost in 2013 dollars from City of Denton Municipal Utilities, June 24, 2013; treatment plant growth shares from Table 28; conveyance facility growth shares from Table 29; share of Zone 1 costs in proposed Zone 1A infill area from City of Denton Municipal Utilities, June 19, 2013; deficiency cost is cost times deficiency share from Table 29. Oiity of IllDeintoin, " "III "'X PUBLIC REVIEW DRAIIT duruma associates 2013 -2023 Capital Improvements Plan 32 August 15, 2013 NY In addition to those costs directly attributable to fro« rh there are interest costs associated «-irh funding capital improvements «-ith revenue bonds or other forms of debt. The Ciro- traditionally- funds all of its major «=aste«-arer system capital improvements «-irh bonds, and consequently- incurs interest costs. _according to Stare law, these interest costs can be recovered through impact fees. Based on the analysis provided in the _appendix, the costs should be increased by 12.4" o to account for interest costs. The final step in determining the cost per set -vice unit is to divide the total capital cost attributable to growth over the nest ten rears in each service area by the anticipated growth in set- -ice units over the same rime period. The results are shown in Table 31 Below. .• - - - Direct Growth Costs, 2013 -2023 $5,757,073 $26,318,923 $32,075,996 $4,380,616 Debt Service Interest Cost $713,877 $3,263,546 $3,977,423 $543,196 Total Growth Costs, 2013 -2023 $6,470,950 $29,582,469 $36,053,419 $4,923,812 New SFEs, 2013 -2023 2,419 5,478 7,897 1,765 Cost per SFE $2,675 $5,400 $4,565 $2,790 Source: Direct growth costs from Table 30 (Zone 1B is difference between Zone 1 total and Zone 1A); debt service cost is growth cost times real interest cost factor (0.124) from Table 39 in the Appendix; new SFEs from Table 25. New «-astewater customers «-ill help pad- off outstanding debt incurred for existing facilities rhrotigh their monthly rates. To avoid requiring new customers to pad- twice for capital facilities, once through impact fees and again rhrotigh rare pay cents, the impact fees should be reduced to account for such debt service pavmlents. A simple and reasonable approach to calculating the credit is to divide outstanding debt by current set- -ice units, and use this figure as the credit per service unit. The rationale behind this approach is simple to explain and understand. Existing customers are being allo«-ed to pad- fora portion of their capital costs rhrotigh their rare Payments; reducing impact fees by this amount puts new customers on an equal footing «-ith existing customers. All customers -ill be funding the same share of their capital costs through rate pavmlents. Credit does not need to be provided for the share of current debt that is attributable to past improvements that still have capacity- remaining to serve future growth. In fact, this portion of debt could be retired by future impact fees. Credit does not need to be provided for the share of current debt that is attributable to past improvements that still have capacity- remaining to serve futture growth. In fact, this portion of debt could be retired by future impact fees. The percentages of original bond issues related ro improv emenrs «irh excess capacity to serve future customers are shown in Table 17. City of Ill::feinto�in, " "III "'X PUBLIC REVIEW DRMIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 33 August 15, 2013 NY Source: City of Denton Municipal Utilities, July 29, 2013. The outstanding; «-ater debt arrributable to excess capacity is derived by mulriplying the ourstanding debr associared «-ith each bond issue by the percentages calculared above, as shown in Table 18. 2003 - Original Bond Issue :.. Issue 1.84% $12,605 Improvements with Excess Capacity 1998 2000 2001 2002 2003 Pecan Creek WRP (6 mgd) 18.33% 37.93% 31.52% 3.09% $2,886,593 South Wet Weather Lift Station 1.57% $4,450,000 38.44% $1,322,321 Pecan Creek Interceptor (Ph.1&2) - Refunding from 1998 $132,947 18.33% 0.99% Cooper Creek Outfall (Loop 288) - Refunding from 1998B $472,313 18.33% 0.18% Krum Sewer Line - Refunding from 2000A $1,388,951 0.49% $560,051 Graveyard Branch Interceptor 0.43% $6,860,788 3.85% $259,356 Roark Branch Interceptor - Refunding from 2001 6.45% 0.27% $147,090 State School Interceptor 1 0.53% $5,489,310 Pecan Creek Interceptor 1 0.62% 0.46% 0.67% Total 18.33% 41.09% 38.44% 3.85% 1.84% Source: City of Denton Municipal Utilities, July 29, 2013. The outstanding; «-ater debt arrributable to excess capacity is derived by mulriplying the ourstanding debr associared «-ith each bond issue by the percentages calculared above, as shown in Table 18. 2003 - Original Bond Issue $784,652 1.84% $12,605 2005 - Refunding from 1998 $1,266,200 18.33% $192,420 2005 - Refunding from 2000 $8,473,800 41.09% $2,886,593 2007 - Refunding from 2001 $4,450,000 38.44% $1,322,321 2010 - Refunding from 1998 $132,947 18.33% $23,915 2010 - Refunding from 1998B $472,313 18.33% $84,960 2010 - Refunding from 2000A $1,388,951 41.09% $560,051 2010 - Refunding from 2002A $6,860,788 3.85% $259,356 2011 - Refunding from 2001 $495,000 38.44% $147,090 Total $5,489,310 Source: Outstanding debt from City of Denton Municipal Utilities, July 29, 2013, percentages from Table 32. In addition to outstanding debt on existing facilities, there are also some existing deficiencies that -ill be remedied by the planned improvements. The sum of oursranding debt and deficiency- costs represent the future cost to serve existing customers. The credit is calculated by dividing total existing customers costs bv existing set- -ice units, as shown in Table 34. Total Outstanding Wastewater Debt $47,639,019 — Outstanding Debt Associated with Excess Capacity - $5,489,310 Outstanding Debt for Facilities Serving Existing Customers $42,149,709 Deficiency Cost $20,912,951 Future Existing Customer Cost $63,062,660 x Interest Cost Factor 1.124 Total Existing Customer Cost $70,882,430 Existing Service Units (SFEs) 51,011 Credit per SFE $1,390 Source: Total outstanding debt from City of Denton Municipal Utilities as of September 30, 2012; debt associated with excess capacity from Table 33; deficiency cost from Table 30; interest cost factor from Table 39; existing SFEs from Table 24. City of Ill::feinto�in, " "III "'X PUBLIC REVIEW DRAIIT durrhca ass�oclafes 2013 -2023 Capital Improvements Plan 34 August 15, 2013 NY The calculated net cost per service unit is the cost per service unit less the debt credit per service unit. An alternative to calculating the revenue credit, provided by Chapter 395), is simply- to divide the cost per service unit in half. The net costs derived from these two alternative methods are compared in Table 35). .- - M IT I IM 0--rNMET - Cost per SFE $2,675 $5,400 $4,565 $2,790 — Revenue Credit per SFE - $1,390 - $1,390 - $1,390 - $1,390 Calculated Net Cost per SFE $1,285 $4,010 $3,175 $1,400 Alternative Net Cost per SFE $1,338 $2,700 $2,283 $1,395 Source: Cost per SFE from Table 31; calculated revenue credit per SFE from Table 34; alternative net cost per SFE is one -half the cost per SFE, per State law. The City- Council could enact updated N vasre« -ater impact fees at either of the alternative ner costs shown above, or ar a reduced level. The follo«ving ner cost schedule represents the maximum impact fees that may be charged by the Ciro- for N vaste«varer system facilities, based on the Land use _assumptions, the utility system evaltiation and capital improvement cost estimares prepared by Ciro- of Denton Municipal utilities staff and engineering consultants, and the additional dart and analysis presented in this «-aver impact fee Capital Improvements Plan. Updated Net Cost /SFE $1,285 $4,010 $3,175 $1,400 Current Fee per SFE $1,700 $1,700 $1,700 $1,760 Percent Change -24% 136% 87% -20% Source: Updated net cost per SFE from Table 35; current fee from City of Denton Code of Ordinances, Sec. 26 -222. Based on the growth projections in the Land use _assumptions, potential system -«vide revenues over the next ren rears « vould be higher under the potential fees calculated in this report than under the current fees, as shown in Table 37. These revenue projections should be vie«ved cautiously-, since they depend entirely- on the growth projections. It should also be noted that the updated fees «will not apply- to properties platted under the previous impact fee schedule, a fact that is not accounted for in these revenue projections. City of IllDeintoin, " "III "'X PUBLIC REVIEW I1 MIT duruma ass�oclates 2013 -2023 Capital Improvements Plan 35 August 15, 2013 NY Updated Net Cost per SFE $1,285 $4,010 $3,175 $1,400 na x New SFEs, 2013 -2023 2,419 5,478 7,897 1,765 9,662 Potential Revenue with Updated Fees $3,108,415 $21,966,780 $25,072,975 $2,471,000 $27,543,975 Current Fee per SFE $1,700 $1,700 $1,700 $1,760 na x New SFEs, 2013 -2023 2,419 5,478 7,897 1,765 9,662 Potential Revenue with Current Fees $4,112,300 $9,312,600 $13,424,900 $3,106,400 $16,531,300 Percent Change frorn Current Fees -24% 136% 87% -20% 67% Source: Updated net cost per SFE from Table 35; new SFEs from Table 25. If the impact fees are adopted at 100 of the full net cost, new customers, system- «vide, «-otuld pad- 67" 0 of their attributable cost of capital improvements throtigh impact fees, and the rest rhrotigh future rare paynnents that « -ill be used to (a) retire existing debt associated «-ith existing improvements that are serving existing customers and (b) retire future debt issued to fund planned improvements that «-ill remedy- capacity deficiencies for existing customers. The percentage of costs covered through impact fees varies by set -vice area, becatise the utility debt is paid by all customers, regardless of set -vice area, and the debt credit is a larger parr of the gross fee per set -vice unit in set -vice areas «-ith smaller fees. The percentages of growth- relared costs paid rhrotigh impact fees for each service area are shown in Table 38. a . . ■'. Impact Fee Revenues, 2013 -2023 $3,108,415 $21,966,780 $2,471,000 $27,546,195 Total Growth Costs, 2013 -2023 $6,470,950 $29,582,469 $4,923,812 $40,977,231 Percent Paid by Impact fees 48% 74% 50% 67% Source: Impact fee revenues from Table 37; growth costs from Table 31. City of IllDeintoin, " "III "'X PUBLIC REVIEW DRMIT durrhca ray ass�oclafes 2013 -2023 Capital Improvements Plan 36 August 15, 2013 Interest cost on debt consists of three components: an anticipated inflation rare, a return on investment and a risk premium. No borrower is going to loan money- at less than the rate of inflation, since the dollars paid back « -ill have less buving po«-er than the dollars loaned. The residual interest rate after subtracting the inflation rate is referred to as the real interest rate, which consists of the rare of return plus risk premium. Over the past ten rears, the rate of inflation has been about 2.48"0. The City's outstanding utility debt set -vice pavmlents, inchuding both general obligation and revenue bonds, are summarized in Table 39. The ner present valhue of the City's outstanding debt set -vice pavmlents, discounted at the long -term inflation rate, is about $196 million. The real cost of interest is the difference between the ner present valhue of the debt set -vice pavmlents, discounted at the inflation rare, and the principal. As shown in Table 39, the real cost of interest that «-ill be paid on the City's outstanding utility debt is about $22 million. This indicates that real interest costs are equivalent to an additional 12.4') 0 of the amount borrowed. Net Present Value, Total Debt Service $195,793,420 —Total Outstanding Principal - $174,179,019 Real Interest Cost $21,614,401 Ratio of Real Interest Cost to Principal Arnount 0.124 Source: Utility revenue bond debt service payments from City of Denton Municipal Utilities, February 13, 2013; net present value based on 2.48% discount rate, which is the average annual inflation rate over the last ten years (2002 -2012) from the Bureau of Labor Statistics, Consumer Price Index, All Urban Customers, U.S., All Items, 1982 -1984 -100. City of IllDeintoin, " "III "'X PURUC REVIEW DRAIIT duruma associates 2013 -2023 Capital Improvements Plan 37 August 15, 2013 Year 2013 Principal $11,639,368 $7,857,167 $19,496,535 2014 $12,269,652 $7,201,525 $19,471,177 2015 $12,345,000 $6,649,681 $18,994,681 2016 $12,705,000 $6,073,406 $18,778,406 2017 $13,215,000 $5,453,825 $18,668,825 2018 $13,575,000 $4,814,425 $18,389,425 2019 $14,065,000 $4,163,450 $18,228,450 2020 $14,735,000 $3,494,188 $18,229,188 2021 $12,065,000 $2,869,978 $14,934,978 2022 $10,450,000 $2,327,950 $12,777,950 2023 $7,430,000 $1,896,672 $9,326,672 2024 $6,745,000 $1,566,528 $8,311,528 2025 $7,070,000 $1,254,084 $8,324,084 2026 $4,945,000 $995,950 $5,940,950 2027 $5,160,000 $789,609 $5,949,609 2028 $4,635,000 $583,319 $5,218,319 2029 $4,535,000 $383,513 $4,918,513 2030 $4,750,000 $181,497 $4,931,497 2031 $905,000 $55,525 $960,525 2032 $940,000 $16,450 $956,450 Total $174,179,019 $58,628,742 $232,807,762 Net Present Value, Total Debt Service $195,793,420 —Total Outstanding Principal - $174,179,019 Real Interest Cost $21,614,401 Ratio of Real Interest Cost to Principal Arnount 0.124 Source: Utility revenue bond debt service payments from City of Denton Municipal Utilities, February 13, 2013; net present value based on 2.48% discount rate, which is the average annual inflation rate over the last ten years (2002 -2012) from the Bureau of Labor Statistics, Consumer Price Index, All Urban Customers, U.S., All Items, 1982 -1984 -100. City of IllDeintoin, " "III "'X PURUC REVIEW DRAIIT duruma associates 2013 -2023 Capital Improvements Plan 37 August 15, 2013 JIM CHRISTAL I 11111EXH I B I T 511,111, Water Impact Fee Zones Current 2 Zones I'M 2449 11 X / 14060#11,111,110 V HOBSON 0 Z o n e � �, I � z, I 'R RANCH I � 11%40) ", , T, ICKORY I %, - "- i um ,...� ;uuuurt, w�wmmuuuuuuuuuuuuuuuuuuuo, , �.. lild AN .... Wastewater Impact Fee Zones Current 2 Zones TU i Water and Wastewater Impact Fee Zones/ Possible Infill Zone N JIM CHRISTAL w z z 0 m w m w z z 0 m RINEY �1^ HOBSON LOOP 288 w Q w F a O O Q JIM CHRISTAL 1 11111 1 1 11111111111, 1 � 1110 AN I - I Water Impact Fee Zones Possible 3 Zones jr '01111921=111A I'M 2449 11 X / 14060#11,111,110 V HOBSON 0 Z o n e � �, I � z, I 'R RANCH I � 11%40) ", , T, ICKORY I %, - "- i um ,...� ;uuuurt, w�wmmuuuuuuuuuuuuuuuuuuuo, , �.. 1110 AN .... Wastewater Impact Fee Zones Possible 2 Zones with Infill Zone ���rr1921=11JIMAM,a 7 . TU EXHIBIT 6 MINUTES PUBLIC UTILITIES BOARD August 12, 2013 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 12, 20U at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Leonard Herring, and Barbara Russell Absent: Phil Gallivan and Lilia Bynum Ex Officio Members: Howard Martin, ACM Utilities OPEN MEETING: ITEMS FOR INDIVIDUAL CONSIDERATION: 18) Receive a report and hold a discussion on the 2013 Water and Wastewater Impact Fee Study. Discuss and provide guidance on adding a third impact fee zone to accommodate infill development. Discuss maximum impact fees and provide guidance on staff - recommended impact fees. Tim Fisher, Assistant Director Water Utilities gave the water presentation. Fisher stated that every five years the City is required by Chapter 395 to update the impact fees; staff is in the middle of that process. Previously the impact fee capital plan was brought forth to this Board. Duncan & Associates is the consultant that is being used for this study and has been from the first study (1998). This will be the third update. Fisher showed several graphs including the water meter installation history and projection, water impact fee revenue vs use and water impact fee use vs eligible debt service. The impact fees were adopted in 1998 and started collecting them in 2000. There wasn't really a relation in growth rate and impact fees according to our history. Water adopted an increase in the rates in 200' ) and became effective in 2004. There was another update in 2008 and were increased a small amount. There is also a recent nationwide study regarding impact fees. California and Florida have the highest impact fees; Texas is third from the bottom out of 17 states. Our rates are about two to four percent of the project cost currently. Income has a big impact as for as managing the capital plan and managing the rates. Fisher then showed a map with the water proposed 10 -year Capital Improvement Projects. There are 27 projects totaling about $305 million. There are 15 projects that have been built and paid for that represents about 83 percent of the cost. About half of that amount is the lake and the Minutes of the Public Utilities Board Meeting August 12, 2013 Page 2 of 5 plant. There are three projects that are under design, five that are in the 5 -year CIP and four in the 10 -year CIP. Fisher showed a map with the two zones. Until 2008 water had one impact fee. Because of some of the growth pressures that we were having in the far southwest area and some of the challenges that staff was dealing with, staff recommended and implemented a zone 2 that was supported by this Board and City Council. That put a little higher cost out in zone 2. There are cut out areas in zone 2 that are four subdivisions that stayed in zone 1. Fisher stated that staff goes through a process that looks at the calculation of maximum fees, use a debt credit, and is calculated for a maximum impact fee. The current fee for zone 1 is $3,400 and for zone 2 $4,000. The new maximum fee for zone 1 is $4,59' ) and zone 2 $5,753. Staff recommends for zone 1 $3,900 and for zone 2 $4,900. Herring clarified that the City will charge a new lot for a single family resident $5,753 for impact fees. Fisher answered no, we could but staff is recommending $4,900. This is a starting point of what we want to charge. In the 2008 study there was about 22,000 SFE's over a 10 year period but the capital cost of the lake was only being used for about half of that so the cost didn't really reflect the unit cost of the lake it represented a blend of the capital cost of the lake and any future water that was bought from Dallas would be an operating cost not a capital cost. When the population projections went down and the calculations were completed there was only about 12,000 SFE's but that almost lined up with the remaining capacity of the lake. That is what tended to bump up the numbers. Those finding are a factor in staff not recommending the full charge. It was generating a large increase that staff didn't feel comfortable in recommending. There are a few more capital projects in zone 2. Staff is looking at an engineering news record construction cost index escalator to the present worth of the capital. That relates to a little fewer than 14 percent inflation cost over five years. One of the things that staff would tend to recommend is to consider adjusting the impact fees to cover that inflation. Zone 1 includes a $500 increase and zone 2 includes a $900 increase. Russell asked why zone 2 is more expensive. Fisher answered it is on the southwest side of town, there are a lot of speculative growth in that area. It takes a lot of infrastructure to try and provide service in that area. It is a very rural area. Herring asked when and how are these fees collected. Fisher answered that it is time of building permitting. Smith asked how long the current fee has been $3,400. Fisher answered since 2008. Robinson asked what are some of the developments in zone 2 that have already platted that will be grandfathered using the $3,400. Fisher answered Country Lakes are still in zone 1. If Minutes of the Public Utilities Board Meeting August 12, 2013 Page 3 of 5 Cole Ranch comes in and starts platting properties they would be subject to zone 2 fees if they are adopted. Martin added that Inspiration is another one in that area. Robinson stated that if there is a current phase in Country Lakes that has a lot in it the fees will be $3,400, Fisher agreed. Smith asked if the maximum fees of $4,593 and $5,753 are what were recommended by the study. Fisher answered there are two terms one is assess the other is collect. The study recommends you assess the fee at what you can legally do and then you collect what you want to collect. Smith then clarified that the study did not come up with the $3,900 and $4,900, Fisher agreed. Herring asked if there is a commercial impact fee. Fisher answered yes they are based on meter size and the multiplier associated with the bigger meters. Smith asked what the justification is going from $3,400 to $3,900. Fisher answered the primary justification is because we are adjusting fees to represent the present value of the capital investment. Over time those numbers will continue to increase due to inflation. Smith asked if Fisher anticipates raising the impact fees between now and the next study, Fisher answered no. Fisher then stated that every time staff has worked on impact fees there has been a discussion relating to encouraging growth in the interior infill area. Staff has talked at moderate length in the past about the lines not having to be extended. There may be preexisting credits, if it is a re- development situation and there was a prior meter there they get credit for it. The infill zone has a northern boundary of Windsor, Bonnie Brae on the west, I -35 on the southern area and Nottingham and Woodrow on the east. The max fee in the zone IA (infill) would be $3,167. If this zone was created the staff recommended fee would be $2,700 the rest of zone 1B would be $4,100 and zone 2 at $4,900. If the infill is lowered the remainder would be raised to balance it out. Robinson asked who will be providing water to the Hillwood Development north of 407 on I -35. Fisher answered that will be Northlake. Upper Trinity will be supplying the water. Herring asked why Garland impact fee is so low. Fisher answered that Dallas has no impact fee and neither does Plano. It just depends on where a city is in the growth cycle. As they reach build out they are not getting that much new customer growth opportunity. Smith stated at the beginning Fisher made the comment that zone 2 was implemented because why should zone 1 pay for infrastructure that is just benefiting zone 2. Smith isn't sure the same argument couldn't be made for zone IA when all of zone 1B subsidizing the infill. Their impact fee is going from a proposed $3,900 to $4,100. The infill is going from a proposed $3,900 to $2,700. Smith believes the differential is too much. Fisher stated that staff is trying to gives some alternates. Smith is not opposed to the creation of zone IA but believes the numbers need to be closer. Robinson stated that you could also argue the point that zone 2 would be the greatest potential to affect the ad valorium tax from a Minutes of the Public Utilities Board Meeting August 12, 2013 Page 4 of 5 development standpoint. Cheek added that when the infill was looked at years ago initially it was presented as `we are trying to help the areas with low income housing'. This is more trying to promote more infill structure around the new entertainment area. Smith's opinion would be if an infill zone is to be created to leave the number at $3,400 and see what affect it has on the $4,100. Martin stated we can take a look at it. Robinson asked while we are looking can we look at zone 2 he would like to take into consideration what will drive the ad valorium values in that area. Smith asked to see all the impact fees and recommended changes on one sheet. Fisher added that this will be taken to the Capital Advisory Committee on Wednesday, August 14 and get feedback from that group as well. Russell asked how many infill lots are in zone IA. Fisher stated he would have to research that and find out but the growth suggested is 18 percent. Fisher reiterated that the Board would like to see a tighter differential between a proposal for zone IA and 1B and some concern of the magnitude of the fee in zone 2. The Board agreed. Joel Nickerson, Water Utilities Coordinator, gave the wastewater presentation. One thing for the wastewater impact fees is there is a zone 1 and zone 2 but they are different from water. Zone 1 includes most of the city zone 2 was created in the 200' ) study anticipating growth north of Loop 288. Martin added that zone 2 was also because of the different Clear Creek Wastewater Treatment Plant that was proposed. The first part of the calculation is regarding the population growth, the current study is projecting half the growth from the 2008 study. Nickerson showed a map with all the Capital Improvement projects on it for wastewater. The CIP for zone 2 is simple a lift station and an interceptor and a future Clear Creek Plant, that growth again has not occurred. The existing projects that are already constructed are $90 million. The proposed projects from 2008 are $46 million in zone 1 and $29 million in zone 2. New proposed projects in 201' ) are $11 million in zone 1. The study maximum impact fees for wastewater are $3,175 for zone 1 and $1,400 for zone 2. Zone 2 being lowered is almost entirely due to the change in the debt service credit. Staff recommendation for wastewater is in two parts. The first part would be to combine zone 1 and zone 2, and make one zone. The max fee would be $2,851 with staff recommended $2,200. That takes into account inflation, construction cost inflation and new capital on the plan and some of the increase cost on the system capable. Cheek added he likes the idea of one zone. Nickerson added that wastewater is also seeking input whether to create an infill zone. There were maps shown with the zones. Infill zone study maximum fees include zone IA $1,285 and zone 1B $4,010. Staff recommendation if an infill zone were created would be zone IA $1,285 and zone 1B and zone 2 $2,400. Minutes of the Public Utilities Board Meeting August 12, 2013 Page 5 of 5 Staff recommends that there be a single impact fee zone with the impact fee at $2,200. Smith stated that his comments with wastewater are the same as water as far as the impact fee for the infill. The differential is too much. There was some further discussion regarding the impact fees. Smith asked if there could be an infill zone for water and not wastewater. Martin answered yes. Martin stated that staff will come back with the information. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 EXHIBIT 7 DRAFT MINUTES PUBLIC UTILITIES BOARD August 26, 2013 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 26, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Secretary Randy Robinson, Leonard Herring, Barbara Russell, Phil Gallivan and Lilia Bynum Absent: Vice Chair Billy Cheek Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager OPEN MEETING: ITEMS FOR INDIVIDUAL CONSIDERATION: 7) Receive a report and hold a discussion on the 2013 Water and Wastewater Impact Fee Study. Discuss and provide guidance on adding a third impact fee zone related to the City's infill zone. Discuss maximum impact fees and provide guidance on staff - recommended impact fees. Tim Fisher, Division Manager, made the presentation. Fisher incorporated the information from the last meeting that the Board Members had suggested. The new staff recommendations for the Impact Fees without an infill zone are $3,800 for zone 1 and $4,500 for zone 2. Recommendations with an infill zone are $3,100 for zone IA (infill), $3,900 for Zone 1B (rest of zone 1) and $4,500 for Zone 2. Herring asked if these fees are based on the 2008 study, Fisher responded they are based on the current study. Smith asked Fisher to go through a small portion of the presentation from the last meeting for Mr. Gallivan and Ms. Bynum. Martin suggested the map with the infill areas. Gallivan read the information and understands the concept with and without an infill zone. Bynum is processing the information. Fisher briefly summarized the presentation from the last meeting. There was some further discussion on the fees. Joel Nickerson, Water Utility Coordinator, made the wastewater presentation. Nickerson stated that as a reminder the wastewater zones are different from the water zones. Zone 1 covers everything south of Loop 288, which is the existing customer case. In 200' ) the impact fee study created Zone 2; staff was anticipating growth from Clear Creek Ranch which has been since called the Hills of Denton. The anticipating growth in Clear Creek Basin was the cause of the Zone 2 implementation to pay for the infrastructure that would have been put in for that group. Draft Minutes of the Public Utilities Board Meeting August 26, 2013 Page 2 of 4 1 Martin added that in Zone 2 another wastewater plant was contemplated. Zone 1 is handled by 2 our existing wastewater treatment plant. 4 Nickerson showed a map with the CIP that has been adopted from Zone 1. The CIP includes 5 interceptor projects in the Hickory Basin, Pecan Basin, and Cooper Basin and the wastewater 6 plant capacity. Zone 2 CIP map was also shown. The infrastructure to support Zone 2 is 7 separate, there are an interceptor, a lift station and a new plant. The Zone 2 fees are based on a 8 different set of infrastructure than Zone 1. 9 10 Nickerson then stated that the study maximum fees, if we keep our existing two zone structure, 11 $3,175 Zone 1 and $1,400 in Zone 2. Staff recommendation has not changed from the last 12 Public Utilities Board Meeting. It is in two parts, the first part is to combine the zones and have 13 only one zone. This shows that staff does not anticipate the growth in zone 2 in the next 5 -7 14 years. Smith asked what would happen if that growth did take off and that new plant did 15 need to be constructed. Nickerson answered if from some reason the growth did take off, the 16 wastewater department is collecting impact fees. That infrastructure is in the CIP, so the impact 17 fees would be applied. If it happened in five years staff could also carry on with the CIP but split 18 out the zones again at that time. For now staff recommends combining the zones. When you 19 combine and redo the math on the maximum fees, that amount is $2,851 for the City as a whole. 20 Staff recommends $2,200. 21 22 Lastly the other piece is the infill zone decision. Nickerson showed a map of what that would 23 look like. Remember zone IA is only served by the interceptors that run through the middle of 24 the city plus the plant. When the infill zone is taken out the maximum fees are $1,285 for the 25 infill zone $4,010 for the rest of the existing zone 1. Staff s recommendation when the zones are 26 combined and the infill is carved out, the maximum fee for the infill is $1,285 and the rest of the 27 city is $3,374. Staff recommends $2,400. For wastewater, staff is looking for direction to create 28 an infill zone or not and the staff recommended fees. 29 30 Smith stated if the costs support the fees then maybe we should keep them. Coulter added 31 that one of the things that staff is dealing with right now is the EPA issue with the 32 inflow /infiltration out in the system. If the City gives a break to the infill zone because currently 33 there are no big projects going on, they will get the break of $1,200. The area of town that has 34 the greatest problems of inflow /infiltration is the infill area. Staff wants to go through and 35 address the problem with the EPA over the next three to five years. There will be projects in the 36 area that we do not know about just yet. The storm water detention concept that we have around 37 town when storm water fills up in basins, the wastewater department potentially may have to do 38 this same type of thing with the wastewater flows by adding an underground storage tank. That 39 tank would hold the waste and bleed back into the system as flows recede. There are still 40 uncertainties so staff feels that the community as a whole should participate equally in the 41 inflow /infiltration activity. 42 43 Smith asked for other opinions from the Board. Herring asked about the political pressure 44 that is being exerted and by whom. Campbell answered in general whether in zoning and 45 development review there is a sense that the more you can do to encourage growth and 46 development in the infill area it better utilizes the infrastructure. Council would encourage that Draft Minutes of the Public Utilities Board Meeting August 26, 2013 Page 3 of 4 1 as much as possible. Campbell added that this might be one element by giving people a break on 2 the impact fees but believes Coulter has made a good case for the fact it is hard to separate all the 3 Capital Improvement needs in the defined area from the needs of the community as a whole. 4 Gallivan added that if the incentive difference is only a couple of hundred dollars it is no 5 incentive, it has to be a decent spread to encourage infill. Robinson added that if we carve 6 out the infill part our maximum fee brings that fee down too low. We are at the maximum 7 fee on infill at $1,265. It does create a difference and encourages infill development but the 8 study doesn't take into account the issues with the inflow /infiltration. Robinson is leaning 9 toward one zone for wastewater. 10 11 Coulter added that the differential in water is $1,400 between zone 2 and the infill. Fisher stated 12 it is $800 when the zones are split. There was a larger split originally but there was sensitivity U predominantly on the level of discount and that it pushed the levels higher. Gallivan stated that 14 is a decent incentive spread for water. Fisher lastly commented on the peripheral development 15 sometimes they have an offsite line and they build their own lines. On infill more often they are 16 tying to an existing line. 17 18 Herring asked if we currently have infill zones for water and wastewater. Fisher answered 19 no, it is a new complication. Herring asked if staff is recommending the infill. Fisher stated 20 that staff is providing it as an option. From a revenue standpoint to some degree if staff keeps 21 the numbers with some level of proportionality it is a revenue neutral. It is skewing a little bit 22 because of the sensitivity of the higher numbers. Staff doesn't necessarily want an infill. 23 Coulter added that staff is not recommending an infill in wastewater. Fisher stated that water is 24 neutral. Fisher's personal opinion would be to not create the zone because it is easier to not have 25 it. 26 27 Herring went on to say that we are operating a utility not a political machine we are in 28 charge of a utility not the politics involved so why would we get involved with the infill 29 which adds complexity. George Campbell answered that he doesn't disagree with the 30 comments and isn't concerned with whether the infill is added or not. It is perhaps more logical 31 on the water side than the wastewater side. The issue shouldn't be what makes it less complex 32 for us to administer; staff can deal with it however it comes along. Campbell does think in the 33 overall perspective of things whether or not we do things to help create an environment where 34 we are encouraging core city development and avoiding the leap frog development that we need 35 to look at if the numbers are neutral we need to look at what we are doing is achieving the 36 objective. In the long run trying to develop from the core city out and have someone paying for 37 the infrastructure that is built on the outside of that area. Gallivan added it is good economics 38 to him to have the infill. There is money involved to the benefit to the City to promote the 39 zone IA growth. Robinson sees having the three zones puts a higher impact fee in those 40 areas that are gonna develop quicker. Seventy five percent of the growth is outside of the 41 infill. You will get more impact fees from the area that is going to cause the need for more 42 capital improvements. Campbell stated that impact fees do become an issue every time 43 someone wants to develop a lot. 44 45 Chair Smith believes the numbers look better than at the last meeting. Smith suggests the 46 infill zone for water to be created with the recommendation from Fisher regarding the Draft Minutes of the Public Utilities Board Meeting August 26, 2013 Page 4 of 4 1 impact fees. On the wastewater side recommend combining zones 1 and 2 and having one 2 impact fee, no infill zone. 4 Robinson moved to recommend the three zone approach from the water impact fee which 5 includes infill. Regarding the wastewater side the zones would be combined to have one 6 zone with the recommended rate of $2,200. There was a second from Gallivan, vote was 6- 7 0 approved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 EXHIBIT 8 DRAFT MINUTES CAPITAL IMPROVEMENTS ADVISORY COMMITTEE September 11, 2013 After determining that a quorum of the Capital Improvements Advisory Committee of the City of Denton, Texas is present, the Chair of the Capital Improvements Advisory Committee thereafter convened into an open meeting on Wednesday, September 11, 201' ) at 6:09 pm in the City Council Work Session Room, City of Denton City Hall, 215 East McKinney Street, Denton, Texas and considered the following specific agenda items listed below. Present: Brian Bentley, Frank Conner, Thom Reece, Dr. Jean Schaake, Jim Strange, Devin Taylor Absent: Dr. Ken Dickson, Jessica King OPEN MEETING ITEMS FOR INDIVIDUAL CONSIDERATION 1) Consider a recommendation of approval of the minutes of the August 14, 2013 Capital Improvements Advisory Committee meeting. Committee Member Conner moved approval of the August 14, 2013 minutes. Committee Member Reece seconded. Approval passed (6 -0). 2) Receive a report, discuss and deliberate, and make comments on the 2013 Water and Wastewater impact fee study results. Joel Nickerson, Water Utilities Coordinator, summarized the impact fee update process to that point. Nickerson discussed the Water impact fees. The maximum fees calculated for Zone 1 were $4,59' ) and $5,75' ) for Zone 2, which covers southwest Denton. He said that original staff recommendation was $3,900 for Zone 1 and $4,900 for Zone 2. The Public Utilities Board gave staff input that the gap between the fees was too large and that the $4,900 fee for Zone 2 was too high and might discourage growth in Zone 2. The staff recommendation incorporated construction cost inflation and accounted for some strange math in the 2013 study, which made the maximum fees higher than expected. Staff was more comfortable with $3,900 for Zone 1 and $4,900 for Zone 2. The revised staff recommendation that incorporated the PUB comments was $3,800 for Zone 1 and $4,500 for Zone 2. Nickerson said that the second part of the fee study was to consider an infill zone. The maximum fee for the infill zone carved out of Zone 1 [called Zone IA] was $3,167 and for the rest of Zone 1 [called Zone 1B] was $5,250. The infill zone does not affect Zone 2 maximum fees. Staff recommended $3,100 for the infill Zone IA, $3,900 for Zone 1B, and $4,500 for Zone 2. Staff asked for feedback on fee structure and whether or not to infill zone. Draft Minutes of the Capital Improvements Advisory Committee August 14, 2013 Page 2 of 5 1 The PUB adopted a recommendation of the staff impact fee recommendation and to adopt the 2 infill zone. 4 Dr. Schaake said that the revisions seemed rational and in line with the CIAC 5 discussion. The Zone IA and Zone 1B split was new from previous times. Nickerson said 6 that staff has not taken a position on the infill zone but that was the recommendation adopted 7 by PUB. Schaake said she thought it was the consensus of the CIAC that splitting Zone 8 1 was a good idea. 9 10 PS Arora, Water Utilities Assistant Director for Wastewater, showed the current Wastewater 11 zones. Zone 1 covers the city south of Loop 288 and Zone 2 covers the area north. He 12 discussed the capital projects planned for Zone 1, which are the basis for the development of 13 impact fees. He discussed the projects to serve the Hills of Denton project in Zone 2. Arora 14 said the maximum fees calculated by the consultant came in at $3,175 for Zone 1 and $1,400 15 for Zone 2. Combining the two zones, which staff recommends and PUB is going in the 16 direction of having just one zone, has a maximum fee of $2,851 and a staff recommended fee 17 of $2,200. Arora said that when Zone 2 first started, the Clear Creek Ranch/ Hills of Denton 18 project was supposed to start quickly. The sewer line and wastewater plant were designed 19 and got a permit from TCEQ but staff doesn't see signs of that project developing at this 20 time. To make it easier administratively, staff recommended combining the zones and having 21 one fee. 22 23 Arora said that staff looked at the infill zone, but Wastewater is not the same as Water, which 24 is interconnected. Only the Pecan Creek interceptor, not the Cooper Creek and Hickory 25 Creek interceptors, flow through the infill area with the plant shared in common. That shifted 26 a lot of the cost of development to Zone 113. Zone IA came it an $1,285 and $4,010 in Zone 27 113. Staff said we are working with EPA, which causes impact on how fast projects must be 28 done and will cause financial stress on the utility. We need to be able to recover costs from 29 everybody coming into the system. In the infill zone, a lot of development is redevelopment, 30 which gets a credit for the existing meter. If water demand is not increased, there is no 31 impact fee. Development with increased water demand only pays for the excess water 32 demand created. Already in the infill zone, the impact fee is not a major issue. So, the 33 recommendation is to create a single impact fee zone. Considering what is coming from 34 EPA, which is going after cities all over the county, including San Antonio, which has to 35 spend $1.2 billion over 10 years and pay a fine of $2.4 million, we will have to put many of 36 these projects in a five- to seven -year window. We need to be able to get money from all the 37 sources we can and apply it to bonds we will be selling. The $2,200 fee will recover the 38 inflation factor, about 14 percent, from 2008. A fifty percent credit on the fee is a little over 39 $2,100. With the calculated credit, the maximum fee is $2,851 so we went to $2,200. PUB 40 liked this, so their recommendation is to go with one impact fee zone. They are looking at 41 three zones for Water, including the infill zone, but just one zone for wastewater. 42 43 Committee Member Strange asked what the steps are to change the fee from the 44 recommended amount to the maximum. Arora said that within the five year window, staff 45 could come back to the Committee and ask, with the flexibility to go to the maximum. 46 Draft Minutes of the Capital Improvements Advisory Committee August 14, 2013 Page 3 of 5 1 Committee Member Taylor asked how many meters or customers there are for Water 2 or Wastewater. Arora referred to the report [Table 6]. 4 Dr. Schaake asked if action from the Committee was required. Arora asked that if the 5 Committee agrees with the staff recommendation, it can make a motion to take that to the 6 Council based on staff recommendation. Arora said that staff could prepare a memo for the 7 Committee to sign. Nickerson said that the last page in the Committee packet were the 8 comments submitted by the Council in 2008. Staff could draft a memo that follows that and 9 provide it to the Committee for feedback, and could submit Committee minutes. 10 11 Committee Member Conner asked whether there had been public feedback over the 12 discrepancy in Zone 1 and Zone 2 fees because the PUB was concerned about the 13 disparity. Arora said that the PUB thought the difference was too large. There is flexibility 14 to lower the fee, but we can't go beyond the maximum, so they chose to reduce the disparity. 15 Conner asked if staff had gotten complaints from people that felt they weren't getting a fair 16 shake because they are in a different zone. Arora said that issue had not come up. In fact, one 17 community wanted to participate in it so they could move forward with their projects. PUB 18 meetings are posted, but nobody from the development community came to discuss that. At 19 the Council there will be a work session and public hearing. 20 21 Committee Member Bentley asked how the difference between the original staff 22 recommendation for Water Zone 2 of $4,900 and the revised recommendation of $4,500 23 was made up. Arora said that ratepayers would pay for it. Bentley said that basically we 24 are subsidizing new development so our older developments, who need their own money 25 for repair, are actually subsidizing new properties. Arora said that staff look at impact 26 fees in relation to other cities. If it is a competitive matter for the city to grow, that is 27 considered and we make some compromises in how much to charge. 28 29 Committee Member Strange said to remember that the rate payers in the new 30 developments are paying for repairs on the old stuff too. 31 32 Bentley said he didn't understand how $400 keeps somebody from buying a new house. 33 Arora said that was the staffs recommendation but the Committee could choose to adopt 34 something different. 35 36 [Crosstalk] 37 38 Strange said that when you have conversations with customers and say it's only another 39 $1,000, and when they write checks for it, they get tired of hearing that. 40 41 Dr. Schaake said that the Committee had before it recommendations for Water and 42 Wastewater based on the Committee's previous meeting and what the Public Utility 43 Board has put into the mix. Dr. Schaake asked for a motion on what could go forward 44 to City Council for the Water impact fee and a separate one for the Wastewater impact 45 fee. Then the Committee could ask staff to prepare a summary of these 46 recommendations that every member of the Committee would sign off on. Draft Minutes of the Capital Improvements Advisory Committee August 14, 2013 Page 4 of 5 2 Nickerson said there was no staff recommendation on whether to adopt an infill zone for 3 Water and asked the Committee to include whether or not in adopt an infill zone in their 4 recommendation. 5 6 Dr. Schaake said that she thought there was consensus on the infill zone last time. 7 8 Bentley said he would like to see the infill zone and was comfortable with the original 9 staff recommendation of higher fees. These fees are only a portion of the real cost and 10 are already being subsidized. To put it off and artificially lower it is just lying to 11 ourselves. He said that it costs what it costs. 12 13 Dr. Schaake said that maybe the Committee should make three motions with the infill 14 zone separate because that is new this time around. 15 16 Bentley made a motion to adopt the infill zone. Conner seconded. Taylor asked whether 17 the motion was an infill zone for both Water and Wastewater. Dr. Schaake said that the 18 motion was for Water only because Wastewater was going to combine zones. Taylor 19 clarified that the recommendation would be in favor of an infill zone for Water and not 20 for Wastewater. Approval passed (6 -0). 21 22 Dr. Schaake asked to see the staff recommended Water fee. Dr. Schaake asked whether 23 the Public Utilities Board would have further input to the revisions made by staff after 24 the Committee had given their recommendation to the City Council. Nickerson said that 25 the PUB approved the revised staff recommendation and they did not have further input to 26 provide. Dr. Schaake asked whether staff had taken the PUB decision into account and 27 now staff recommendation was the bolded numbers. Conner asked whether the staff 28 recommendation was based on the PUB decision. Nickerson said that the revised staff 29 recommendation was based on PUB feedback and the PUB approved the revised staff 30 recommendation. Taylor asked if the Committee were to give a different 31 recommendation, would it would need to go back to PUB or if there would be two 32 separate recommendations to the Council. Nickerson said there would be two separate 33 recommendations. Taylor said he shared Commissioner Bentley's concerns. He also saw 34 that the infill fee had been raised by $400 in the PUB version, and the entire point of an 35 infill district is to lower the fees and encourage infill development. 36 37 Taylor moved to adopt the original staff fee recommendation for Water. Bentley 38 seconded the motion. The motion passed (4 -2; Bentley, Conner, Schaake, Taylor in 39 favor; Reece and Strange opposed). 40 41 Taylor moved to set a single Wastewater impact fee zone and set the fees at $2,200. 42 Bentley seconded the motion. The motion passed (6 -0). 43 44 Dr. Schaake asked to note that the Committee wanted to pay for the impact that is 45 created and that the lower number was thought appropriate for the infill zone. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Draft Minutes of the Capital Improvements Advisory Committee August 14, 2013 Page 5 of 5 3) New Business — This item provides an opportunity for Capital Improvements Advisory Committee members to suggest items for future agendas or to request information from the Assistant City Manager of Utilities and /or the Director of Water/Wastewater Services for future meetings. No items 4) Official Action, if necessary, on Closed Meeting item(s) under § §551.071- 551.088 of the Texas Government Code, as amended. No items 5) Adjournment. The meeting was adjourned at 6:36 pm. AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Water & Wastewater Utilities ACM: Howard Martin, 349 -8232 *,--- SUBJECT: Consider adoption of an ordinance of the City Council of the City of Denton, Texas calling a public hearing of the Denton City Council on Land Use Assumptions, Water and Wastewater Capital Improvement Plans, and a proposed amendment to Impact Fees, related to the possible adoption and imposition of amended Water and Wastewater impact fees in accordance with Chapter 395 of the Texas Local Government Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective date. BACKGROUND: The State legislation governing impact fees requires that a political subdivision (City Council) imposing an impact fee must update the land use assumptions and capital improvements plan (CIP) at least every five years. City of Denton Water and Wastewater impact fees were first adopted in 1998 and updated in 2003 and 2008. Another update is required in 2013. The Capital Improvements Advisory Committee, appointed by the Council in March 2013, and Public Utilities Board have been reviewing the land use assumptions and 10 -year Water and Wastewater capital improvements plans used to calculate maximum impact fees and potential revisions to existing Water and Wastewater impact fees. The State legislation also requires that a public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution amending land use assumption, the capital improvements plan, or impact fee. The legislation states that before the 30th day before the date set for a public hearing, a political subdivision must adopt an order, ordinance, or resolution establishing the public hearing date. The attached ordinance sets the public hearing date for October 15, 2013. Staff is planning to present to the City Council at a work session on October 1, 2013 the results of the 2013 impact fee study, comments from the Capital Improvements Advisory Committee, and recommendations from the Public Utilities Board for revisions to the Water and Wastewater impact fees. RECOMMENDATION: Staff recommends City Council adopt an ordinance setting a public hearing for November 5, 2013 on land use assumptions, the 10 -year Water and Wastewater capital improvements plans, and potential revision to the Water and Wastewater impact fees. EXHIBITS: 1. Proposed Ordinance Respectfully submitted: Howard Martin ACM, Utilities Prepared by: Joel Nickerson EXHIBIT 1 ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CALL- ING A PUBLIC HEARING OF THE DENTON CITY COUNCIL ON LAND USE ASSUMP- TIONS, A CAPITAL IMPROVEMENTS PLAN, AND A PROPOSED AMENDMENT TO IMPACT FEES RELATED TO THE POSSIBLE ADOPTION OF AMENDED WATER AND WASTEWATER IMPACT FEES IN ACCORDANCE WITH CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; REQUIRING THE CITY SECRETARY TO POST NOTICE OF THE PUBLIC HEARING AND TO PROVIDE ADDITIONAL NOTICE OF THE PUBLIC HEARING AS SET FORTH IN THE BODY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 19th day of March, 2013, the City Council passed Ordinance No. 2013 -066 appointing the City of Denton, Texas Planning and Zoning Commission members and one (1) additional ad hoc committee member from the extraterritorial jurisdiction of the City as the Denton Capital Improvements Advisory Committee (the "Committee "), in accordance with Texas Local Government Code §395.058; and WHEREAS, the Committee has met as required by law since the enactment of the above - referenced Ordinance No. 2013 -06 to consider land use assumptions and a capital improvements plan related to the possible adoption of amended impact fees to recover those costs related to wa- ter and wastewater facilities, as allowed by law; and WHEREAS, the City Council should hold a public hearing in accordance with the re- quirements of subchapter C of Chapter 395 of the Texas Local Government Code to obtain pub- lic input on the land use assumptions, to the capital improvements plan, and relating to the possi- ble adoption of such amended impact fees; and WHEREAS, the Committee shall, as required by §395.056 file its written comments on the proposed amendments to the land use assumptions, capital improvements plan, and proposed amended impact fees before the 5th business day before the date of the public hearing on the amendments, which is scheduled for Tuesday, November 5, 2013, in the Denton City Council Meeting convening at 6:30 p.m. and shall make its recommendations to the City Council known, with regard to land use assumptions, capital improvements plan, and amended impact fees; and WHEREAS, the Public Utilities Board has met in accordance with the Charter and the City of Denton procedures, and Staff will present the Board's recommendations to the City Council regarding the land use assumptions, capital improvements plan, and the possibility of an amended impact fee; and WHEREAS, the City Council deems it in the public interest to set a public hearing on the subject of land use assumptions, a capital improvements plan, and relating to the possible adop- tion of amended impact fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby calls a public hearing to be held in the City of Denton, City Council Chambers at 215 East McKinney Street, Denton, Texas 76201 conven- ing at 6:30 p.m. on November 5, 2013 to consider the adoption of land use assumptions within a designated service area that includes an area both within the corporate city limits of Denton and portions of its extraterritorial jurisdiction, to consider the capital improvements plan as proposed, and to consider, as more fully shown on the attached notice of public hearing, the possible adop- tion of amended impact fees to recover costs related to water and wastewater facilities. SECTION 2. That the City Secretary of the City of Denton, Texas is hereby directed to publish notice of the public hearing on one occasion, before the 30th day before the date set for the hearing, in the Denton Record - Chronicle, a newspaper of general circulation in Denton County, Texas; said notice to be substantially in accordance with the notice of public hearing which is attached to and made a part of this ordinance for all purposes and in compliance with Texas Local Government Code §395.055(b). Further, on or before the 30th day before the date of the public hearing on land use assumptions, capital improvements plan, and proposed amended impact fees, the City Secretary of the City of Denton, Texas shall send a notice of the public hearing by certified mail to any person who has given written notice by certified or registered mail to the City Secretary, as the designated official of the City of Denton, Texas, requesting no- tice of the public hearing within two years preceding the date of adoption of the order, ordinance, or resolution setting the public hearing. SECTION 3. That on or before the date of the first publication of the notice of the pub- lic hearing on the land use assumptions, capital improvements plan, and proposed amended im- pact fees, the City Secretary shall make available to the public the City's land use assumptions, the time period of the projections, and a description of the general nature of the capital improve- ment facilities, that may be proposed in accordance with Texas Local Government Code §395.043, in the office of the City Secretary in the City Hall at 215 East McKinney Street, Den- ton, Texas 76201. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. MARK A. BURROUGHS, MAYOR Page 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY M. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY .0 Page 3 EXHIBIT "A" NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN RELATING TO THE POSSIBLE AMENDMENT OF WATER AND WASTEWATER IMPACT FEES A public hearing of the Denton City Council will be convened at 6:30 p.m., Tuesday, No- vember 5, 2013 at the Denton City Council Chambers at 215 East McKinney Street, Den- ton, Texas 76201 on the following issues. The purpose of the hearing is to consider the land use assumptions and capital improve- ments plan under which amended impact fees may be proposed. Any member of the public has the right to appear at the public hearing and present evi- dence for or against the update. Page 4 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Parks and Recreation ACM: John Cabrales, Jr. SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a new event, Fry Fest Concert. The outdoor concerts and activities will be located on portions of Avenue A and Fry Street, beginning at 1 p.m. and concluding at 10 p.m., on Saturday, October 5, 2013. This request is for an increase in decibels from 70 to 75. Staff recommends approving request. BACKGROUND Fry Fest is a concert/block party showcasing the best in Texas Country music and hosted by the Fry Street Public House. Several bands will be playing from two different stages - one located in at the corner of Avenue A and Mulberry Street and the second one in the parking lot behind Riprocks and Lucky Lou's. RECOMMENDATION Staff recommends approving the noise exception requests. This first time event will be held in the parking lots behind Lucky Lou's and Riprocks and on Avenue A. Several other events have been held at the same locations with Council approval for noise exceptions for extension of decibels from 70 to 75 decibels. EXHIBITS Letter of Request Respectfully submitted: &,W.. U . oo-.4 Emerson Vorel, Director Parks and Recreation Department Prepared by: tl'11� m`�Q Janie McLeod Community Events Coordinator Fry Street Public House Byron Crain 125 Avenue A Denton, Tx. 76201 September 12, 2013 Janie McLeod Community Events Coordinator City of Denton 601 E. Hickory, Suite B Denton, Tx. 76205 Dear Ms. McLeod: nNoRm, 1 am coordinating a music festival on Sat, Oct. 5t' from Ipm -10pm on the Avenue A. block in the Fry Street Entertainment District and would like to request an exception to the noise variance up to 75 decibels. In its inaugural year, Fry Fest, strives to be a staple in the Denton community for years to come. Highlighting this year's event will be over 15 artists on 2 separate stages with a headline performance by Stoney LaRue! The city councils consideration in this matter in greatly appreciated! Thank you, Byron Crain President Fry Fest Denton AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Terry Kader at 349 -8729 ACM: Bryan Langley � -A SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a Milling Machine and Asphalt Paving Machine for the City of Denton Streets Department; and providing an effective date (File 5371 - Milling Machine awarded to R.B. Everett and Co. in the amount of $391,894.30 and asphalt paver awarded to Holt CAT in the amount of $156,716.00). FILE INFORMATION This item is for the purchase of one (1) milling machine and one (1) asphalt paver which was approved along with additional staff in the Fiscal Year 2013 -2014 Budget. A Bomag Model BM1300 /30 milling machine and a Weiler Model P385 asphalt paver will be purchased through the Buy Board Cooperative Purchasing Network contract numbers 345 -10 and 424 -13* in the amount of $391,894.30 and $156,716.00 respectively. Both of these pieces of equipment are fleet additions that will be funded from current operating budget funds. Comparison pricing was obtained from three (3) cooperative contract vendors. Holt CAT quoted the lowest priced milling machine, but it does not meet the specified minimum horsepower requirements as shown on Exhibit 3. This equipment is not available from local vendors. ITEM EQUIP ID# TYPE CONTRACT AMOUNT 1 ST1453 Milling Machine BB# 345 -10 $ 391,894.30 2 ST1449 Asphalt Paver BB# 424 -13 $ 156,716.00 TOTAL $ 548,610.30 *Buyboard Contract number 424 -13 goes into effect October 1, 2013. RECOMMENDATION Award the purchase of a BOMAG BM1300 milling machine to R.B. Everett and Co. in the amount of $391,894.30 and a Weiler Model P385 Asphalt Paver to Holt CAT in the amount of $156,716.00. Agenda Information Sheet October 1, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS R.B. Everett and Co. Holt CAT Haltom City, TX Dallas, TX ESTIMATED SCHEDULE OF PROJECT The purchase and delivery of the milling machine and asphalt paver will occur within 180 days of purchase order issuance. FISCAL INFORMATION Requisitions will be entered once the Fiscal Year 2013 -14 Budget goes into effect on October 1, 2013. FXUTUTTC Exhibit 1: Comparisons and Quotes for Milling Machine Exhibit 2: Comparisons and Quotes for Asphalt Paver Exhibit 3: Statement of Horsepower Requirements Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance I -AIS -File 5371 QUOTE COMPARISON FOR MILLING MACHINE - EXHIBIT 1 DENTON Date: Sep 9, 2013 1io'rRVPr; QUOTE l CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT BUYBOARD 345 -10 End User: City of Denton R.B Everett & Co. Rep: Jake Mast Contact: Keith Gabbard Date: 8/30/2013 Product: Bomag BM1300/30 -2 Mill A. Base Price: 418,369.00 B. Published Options (Itemize each Below) OPTIONS PRICE OPTIONS PRICE Hyd Folding Canopy W/ Windshield 5,890.00 Pnuematic tool for teeth 13,912.00 Total of B Published Options: 1 19,802.00 C. Unpublished Options (Itemize each below, not to exceed 25 %) OPTION PRICE OPTION Additional Discount - 1,053.00 TOTAL LIST PRICE D. Contract Price Adjustment E. Freight Charges and PDI F. Total A + B + C + D + E = F G. Quanity Ordered 1 x F = H. Non - Equipment Charges & Credits Total of C. Unpublished Options Discount: 15% 4yr / 4000 hr PT /Hyd warranty PRICE - 1,053.00 437,118.00 65,567.70 9,500.00 381,050.30 381,050.30 10,844.00 TOTAL PURCHASE PRICE 391,894.30 QUOTE 2 14TIM-1i MACHIN^ RY, INC. www.kirby-smith.com Poeox270300 July 29, 2013 REVISED: 9/16/2013 Oklahoma City, OK 73137 800.315.3339 405, 787.5973 fax Mr. Keith Gabbard Mr. Bill Murdock Abilene CITY OF DENTON 1629 Vision Or 901 B Texas Street Abilene, Texas 79602 877.577.5729 Denton, Texas 76209 325.692.4035 fax Dear Keith and Bill: Amarillo 39221 -40E We are pleased to quote the following for your consideration: Amarillo, Texas 79103 800.283.1247 806.373,4641 fax (1) Wirtgen Milling Machine- Model: W 120 Fi Unit# N.I.S., S/N Factory Order. Price: $434,030.00 Dallas The following factory and dealer options are included: 8505 S Central Expy Dallas, Texas 75241 800.753.1247 * All standard factory equipment (please see attached see attached description), 214.375.7903 fax * HD Cummins- Tier IV —Rated 300 HP, Maximum power at 320 HP at 1900 rpm. * Two stage hydraulics detachable conveyor -that folds down for transportation, FtWoNELoop820 * Four (4) tracks instead of wheels, with ability to move in tracks in front of drum 1450 Ft worth, Tx 76106 For milling next to a curb. 877.851.9977 * HD 4 foot wide milling drum with "both Quick" change holder and tooth system., 817.378.0080 fax * Digging depth- 0 - 13 ", * Hydraulics side plate lifters Kansas city * Infinitely variable hydraulic , all track drive with three speed ranges 913.850.6300 * Level PRO Grade Control w display well wire RH and LH side sensors 877.851.5729 / p Y as we as one w rope * Slope control Lubbock * Rear steering 3201 E Slaton Rd * Tandem scrapers Lubbock, Texas 79404 * Weight 42,000 lbs., 866.289.6087 806.745.2102 fax * Standard full machine warranty- one (1) year, or 1,000 hrs.- whichever comes first. * Extendqd r r L. Iwc A d _s • .W i i Odessa whichever comes first. 77301El2x79765 * To be purchased through HGAC. 877.794.1800 432.333.7010 fax Price Complete, Delivered: $434,030.00 I Oklahoma City Option: Hydraulically operated (lowering) Heavy duty weather canopy. Plus add $6,335.00 6715 W Reno Oklahoma C4, OK 73127 800,375.3339 We believe the equipment ment as quoted will exceed your expectations. On behalf of Kirb y Smith Machinery, 405,787.5973 fax Inc., thank you for the opportunity to quote productive machinery. St Louis Sincerel , 12920 s Rd St. Louisis, , MO MO 63127 866.279.1392 314.729.1317 fax Sol Gieser Texas - Governmental Sales Manager Tulsa 12321 E Pine Sl 'This proposal is good for 90 days' Tulsa, OK 74116 800.375.3733 918.437.7065 fax CONTRACT PRICING WORKSHEET Contract SM 1012 Date 7/29/2013 For Standard Equipment Purchases No.: Prepared: o This Fortin mast be prepares! by Contractor and given ,co End User. End User issues PO to Contractor, and MUST also fax a copy of PO, together with completed Pricing Worksheet, to H GAC 713- 993 -4548. Please 1jrpe or print legibly. IIuying City of Denton Contractor; `Kirby -Smith Machinery Aeencv; Contact Prepared iKeith Gabbard :Sol Gieser Penun: i II Phone: 1940 -349 -7144 Phone: 1817- 475 -6544 _ Fax: Fax: 1214 -375 -7903 r Email: 1Keft bbard a"reJi�y± tiew�tt�tl�,.corn Email - sgieser(cDkirby- smith.com 36A Description Wirtgen Milling Machine - Model: W 120 Fi Product Pt,n� A. Product Item Base Unit Price Per Contractor's H-GAC Contract: $ 532,871.0' S. Published Options • Itemize below - Attach additional sheet if necessary - .Include Option Code in description if applicable (Note: Published Options are options which were submitted and, priced in Contractors bid.) Description ti Cost Description Cost Standard machine included Options: ljst prke is P , 71 AD „ °1'wo stage detachable conveyor system Contract discount 19 15% 4 hydraulic track system Priciing 1'tlr acr,tl )wB is $532,871 less 15% (- 79,931) 111) - Four foor wide drum tissc:iribly � Section B price net at $452,940.00 r: Hydraulic side plate lifters 1 z Three sped ranges g Level PRO Grade control Slope Control Tandem scrapers Subtotal From Additional Sheet(_): Rear steering i Subtotal B, $ 452,940.00] C. Unpublislted Options - Itemize below - Attach additional sheet if necessary (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) d Description Cost Description Cost ..w� -, , 1 ._....... Subtotal From Additional Sheet(_): C Subtotal C: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit' For this transaction the percentage is: 0 °/ Price plus Published Options (A +B). D). Total Cost before any other applicable pplicable Discounts, l tc (A +B +C) t»ivautity Ordered; 1 -� a Subtotal of A + B + C 985811 Subtotal D: $ 452,940.00 E, Other Charges, Trade- Ins, Allowances, Discounts, Etc. Description per•:. Description Cost lstended warranty- 4yr /4,000 hrs- Power train/hydrualics Less discount -KG -26,585 - r Subtotal E -1891 ^ Delivery Date ASAP F Total Purchase Fr>ECei«; ),: $ 434 030.00 QUOTE 3 Ems, Quote 119137 -01 September 16, 2013 CITY OF DENTON FLEET SERVICES 804 TEXAS ST DENTON TEXAS 76209 -4330 Attention: KEITH GABBARD Dear KEITH GABBARD, Thank you for this opportunity to quote Caterpillar products for your business needs. We are pleased to quote the following for your purchase consideration. One (1) New CATERPILLAR INC Model: PM -102 Paving and Compaction with all standard equipment in addition to the additional specifications listed below: Thank you for your interest in Holt CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after which time we reserve the right to re- quote. If there are any questions, please do not hesitate to contact me. Sincerely, Bryan Nichols Machine Sales Representative Holt CAT Page 1 of 3 holt -texas Quote 119137 -01 One (1) New CATERPILLAR INC Model: PM -102 Paving and Compaction with all standard equipment in addition to the additional specifications listed below: STANDARD EQUIPMENT CONVEYORS - Front Loading - Dual Stage, infinitely variable speed, - reversing - Folding Downward Discharge Conveyor - totally detachable - 550mm wide Collection Conveyor - 600mm wide Discharge Conveyor - +/- 41 deg swing angle ELECTRICAL - Backup Alarm - Alternator, 68amp - Batteries, two maintenance free, - 750 CCA each - Horn, forward warning - Electrical System, 24 Volt - Work lights (7) OPERATOR ENVIRONMENT - Single right side operation station - with adjustable seat - Operator platform with visibility to - both sides of the machine - Machine monitoring system - Lockable vandalism guards for all - control panels - Platform handrails /guardrails - Control and propel consol - Propel Lever - Steering Wheel - Electronic Machine Management System - Digital graphic display for - diagnostics and operating instructions - Automatic Drum shutoff on clutch - slip - Rear RH Leg Steering - Load Control - Rear RH Leg Retraction - Water Spray System - Two Level Warning System w /Action - Light and Horn (Warning; Critical - Warning) - Power Assist Steering - Throttle Control Manual, Auto and Low - Idle - Quick Detach Fuse /Relay /Controller/ - Wiring Panel POWERTRAIN - CAT C7 diesel, 6- cylinder, - turbocharged, aftercooled 225Hp - Power and Torque Curve Optimized for- Milling Applications -EPA Tllla / EU Stage 3 emissions - certified -Engine Diagnostic Connector (for Cat ET) - Air cleaner, dry type dual element with - integral precleaner - Belt, automatic tensioner - Fuel filter /water separator - Hydrostatic transmission - Computerized load control - On Demand Traction Flow divider ROTOR DRIVE SYSTEM -Caterpillar Patented Tool Holder with - Easy Extraction Feature- External Floating Side Plates - Dry Clutch, Belt Transmission and - Automatic Tensioner - Tool Water Cooling with Dedicated Spray - System OTHER STANDARD EQUIPMENT - Doors, service access, hinged, locking - Fuel Tank 400L - Pressure test ports with quick connect - Water Tank 1060L - Sound Suppression insulation kit - Sight Gauges (Water, Hydraulic Oil, - Filter Restriction) - Steering Guide - Mirrors Page 2 of 3 holt -texas MACHINE SPECIFICATIONS Quote 119137 -01 Description PM -102 COLD PLANER ROTOR CONTROL, SLOPE CONTROL, DIGITAL GRADE FILM, NACD LIGHT SYSTEM, ROAD CIRCULATION TRACK, CONVERSION PUMP, WASHING, HIGH PRESSURE PUMP, WATER TANK FILLING SELECTOR, GRADE AND SLOPE CTL INSTRUCTIONS, ENGLISH DISPLAY, COLOR BEACON,STROBE ENGINE - - -- TOTAL LIST P RICE $440, 930 ... .................- ._._._......_ ----_._._... ..............................� - _.-___ ................. BUYBOARD CONTRACT #345 -10 Sell Price $374,939 Quote Grand Total (without taxes or fees) $374,939 WARRANTY Standard Warranty: 12 Month /Unlimited Hours Total Machine F.O.B /TERMS Fort Worth - Machine Division ADDITIONAL OPTIONS 48 Month / 4,000 Hour Powertrain + Hydraulic Warranty ADD $10,750 FINANCING Accepted by _ on Sig.. .................�_ nature Page 3 of 3 QUOTE COMPARISON FOR ASPHALT PAVER - EXHIBIT 2 DENTON Date: Sep 12, 2013 1io'rRVPr; QUOTE l • CiT' * * * PROPOSAL* * * September 9, 2013 One (1) New Weiler P385 asphalt paver equipped with the following standard equipment; Cat C3.4 83hp Tier III diesel engine, hydrostatic drive with dual track system, Track length 90" with 14" track pads, 74" track gauge, 6 lower rollers per side and one carrier roller per track group. 1 l 8" wide dump hopper with folding wings for transport width of 102 ", 9 ton hopper capacity with 24" truck clearance. Height of 70" and operating weight of 18,000 lbs. Overall length with screed 13'2 ", screed weight is 3,000 lbs. Screed width is 8' to 15'8" at full extension, 3/8" x 16.5" main screed plate of Hardox steel, front mounted screed extensions are 3/8" x 8" Hardox steel. Electric screed heat elements, screed crown adjustment of +/- 3" and screed vibration system of 2 x 2500 VPM. 14" NI -hard segmented augers, dual control stations, lever steering, sonic feed sensors, pre -wired for grade and slope controls. Fuel capacity of 22 gallons, hydraulic oil capacity 25 gallons. Includes two operator seats, walkway extension Topcon System grade and slope. Truck Hitch. Strobe Light, Deluxe Work Lights Group (8 Lights) 2 handheld remotes, Cut off Shoe Plate Outer Cut off Shoe Group List price $181,460 LESS MINIMUM BUYBOARD DISCOUNT 9% #424 -13 TOTAL DISOUNT- $32,472 DELIVERY TO CUSTOMER'S YARD QUOTE IS VALID FOR 90 DAYS WARRANTY 36 MONTH / 3,000 HOUR POWERTRAIN + HYDRAULICS ,.. 56716 TOTAL QUOTED D PRICE .. ........._. $1._. , ..... _. EQUIPMENT PRICING & ORDER FORM Phone: 704.966.3300 Elleclivo 12 J... 2012 Wax: 704-019-5350 2012 Model Year Prie Ln 9 Pric.s to US NINN Sales(d)LeeBoy.com FOR Llricolrit-, NG MMMIW#e DEALER� 1,A/1 lc�l C E. P, 0 NO: )1ES 1140 WITH LC 1, NEED BY DAT�: S"rCr, I yv s 1`0 CUSTOMER" SflIP VW —$pecificatlon are required vAth orders linked 0 bids"* SHIP TO CONTACT: So 0 ORDER - CUSTOMPER CLASS: O SHIP TO ADDRESS: CON NTRACTOR GOV P rouNj GSA NJ PA 1111�' I ORDER CK MODEL PR E DRIVE ENGINE SCREED LIST PRICE NUMBER as Track, Poly Pads 85 HP Kubota 8'to 15'LP [orend 134,500 6516BK 85 STANDARD FEATURES 85108 Favors are available in high or low dock configurations, Paving functions are manual) y,operaled from either side while drivingfsteering are controlled by 2 removable, electrically - operated joysticks control boxes The 8510; is QcmippPcI w6: Tier engine, heavy-duty radiused hopper veings, 12' dia, sOrIG-Writrolled, variable speed augers; 36' wide conveyors, 2 screed vibrators, 2 Speed Drive Motor, fail safe brakes w/runtslop function, glow plugs, 4 operating lights, Amber Safety Strobe Light, horn and backup alarm, citrus sprhydown system wl 2 hose reels Gags package: oil pressure and walsir temperature gauges. volt meter, tachometer, hour meter, electric fuel gauge, and 2 seals. L.pnend Plus Screed: 8' to 15' hydraulically - extendable w/ dust vibrators, 4 LP burners, and replaceable wear shoes. Flqci gLe rLd Plus Screed: 6' to 15' hydraulically extendable, dual vibrators, man screed and extensions elecuricalT heated, equipped with replaceable wear shoes. (I Dptional) L e 2D-d 0 fy1HP&L�tqIft S Sf_ agot, Oita Whydraulicady extendable, Heavy Duty wearplailes, Heavy Duty Flight screws, 3-Adfusler Spread (11- _ _ Singto ailg1p ripatfack adjustmentl 2-Vero'cal height adjustment), Heavy Duty Crown and Valley mechanism, manual adjustment STD, dual Wboecus, main screed and extensions electrically heated with six (6) 1000 watt blade elements (four in main screed f2 in each side of main scrood) Itwo In extension, one in each extension), equipped with replaceable wearshoes. Note: sloping extensions on the 815HD Spread are available only on the 85158 Paver L N EFG —E D H D " Optional equipment HEAVY DUTY ELECTRIC SCREED SYSTEM Includes 2nd yearFacforywarranP NOTE: Sloping Extensions are NOT available on this model. QUOTE 2 617 fi G, J Ise Only) Recd by:_ Rec'd Date: Promise Da�e 0 5 QUOTE 3 11111 . .... . . . . ......... wmtwkirby Sn7iffix0ir ....................... September 11, 2013 PO Box 270300 Oklahoma City, OK 73137 MR. KEITH GABBARD 800.373.3339 CITY OF DENTON 405.767.5973 fax DENTON, TX 76209 Abilene 1629 Vision Drive Dear Keith: Abilene, Teaxas 79602 877.577.5729 We are pleased to quote the following for your consideration: 325.692.4035 fax Amarillo (1) Vogele Paver: Super 1300 Unit# N.I.S., S/N Factory Order. Price: $203,090.00 39221-40E Amarillo, Texas 79103 The following factory and dealer options are included: 800.283.1247 * All standard factory equipment: Base machine includes- back-up alarm; washdown tank with hose 806.373.4841 fax reel; rotary beacon; auger warning light; hyd. crown & adjustment; hyd. auger raise. 1:)allas * Heavy duty paver- 20,750 lbs. weight, 8505 S Central Expy * HD Duetz Diesel engine: 4 cyl- 100 hp., Dallas, Texas 75241 *Paving depth -up to 10" thickness, 800.753,1247 214.375.7903 fax * Basic machine width: 5 ft. 11 inch- length: 16ft.3 inches, * Maximum paving width: 13 ft 9 inches, Ft Wfforth * Tracks- crawler tracks with rubber pads;, 1450 NE Loop 820 * Tracks- hydrastatic- -separate drive and electronic control provided for eack crawler track, Ft Worth, TX 76106 877.851.9977 * Paving speed: up to 98 fpm, 817.378.0080 fax * Hopper: capacity-22,000 lbs, * Conveyor: two with replaceable feeder bars; conveyor can move forward or reverse, Kansas City * Conveyor: Hydraulic- separate drive for each conveyor, 913.850.6300 * Augers: two, auger rotation reversible- 12 inch diameter, 877.851.5729 * Niveltroic plus sonic -dual grade and slope controls with one eye sensors, Lubbock * Set of bolt-on extensions 16" on each side for a total paving width of 13'9". 3201 E Slaton Rd * To be purchased through BuyBoard Cooperative Lubbock, Texas 79404 866.289.6087 806.745.2102 fax Price Complete, Delivered: $203,090.00 Odessa We believe the equipment as quoted will exceed your expectations. On behalf of Kirby-Smith Machinery, 7301 E 1-20 Inc., thank you for the opportunity to quote Komatsu machinery. Odessa, TX 79765 877.794.1800 432.333.7010 fax Sincerely, Oklahoma City 6715 W Reno Sol Gieser Oklahoma City, OK 73127 800.375.3339 Texas - Governmental Sales Manager 405.787.5973 fax St LOUIS 12920 Gravois Rd St. Louis, MO 63127 866.279.1392 314.729.1317 fax 7'uhsa 112321 E Pine St Tulsa, OK 74116 800.375.3733 918.437.7065 fax Exhibit 3 SPECIFICATIONS BOMAG 1300 CATERPILLAR PM102 HORSEPOWER 300 HP 225 HP WEIGHT 44,644 LB 38,810 LB MILLING WIDTH 51.2 IN 40 IN COST $391,894.30 $385,689.00 NOTE: Caterpillar does not make a machine equivalent to the BOMAG 1300. The City of Denton Streets Department needs a unit in the 300HP class and Caterpillar does not offer it. Therefore, we recommend purchase of the BOMAG 1300. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A MILLING MACHINE AND ASPHALT PAVING MACHINE FOR THE CITY OF DENTON STREETS DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (FILE 5371- MILLING MACHINE AWARDED TO R.B. EVERETT AND CO IN THE AMOUNT OF $391,894.30 AND ASPHALT PAVER AWARDED TO HOLT CAT IN THE AMOUNT OF $156,716.00). WHEREAS, pursuant to Ordinance 2005 -034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 5371 R.B. Everett and Co. $391,894.30 5371 Holt CAT $156,716.00 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, 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 File 5371 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IC APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5 -ORD -File 5371 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler at 349 -8024 ACM: Bryan Langley �-A SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with CP &Y, Inc. and the City of Denton Solid Waste Department for professional engineering and consulting services; and providing an effective date (File 5349 - awarded to CP &Y, Inc. in a not -to- exceed amount of $150,000). The Public Utilities Board recommends approval (6 -0). FILE INFORMATION The attached Proposed Professional Services Agreement provides funding for the Solid Waste Department's annual contract with CP &Y, Inc. (CP &Y) which will enable CP &Y to assist the Solid Waste Department with general engineering services, design, and development relating to investigating and evaluating various solid waste projects. CP &Y will also provide assistance and support with registration, permitting, and other Texas Commission on Environmental Quality (TCEQ) agency interface, and in providing assistance on bidding processes and constriction submittal documents. The Solid Waste Department has used CP &Y on numerous solid waste projects, and most recently on the Municipal Solid Waste permit amendment and as the registered professional engineer for the Landfill Cell 4AB and 5 constriction expansion. They are familiar with the departmental issues concerning the TCEQ permit registration process, departmental operational practices, and the department's landfill construction activities. In accordance with Texas Local Government Code 252.022, the procurement of professional services is exempt from the requirement of competition based selection. The City of Denton has previous successful experience with the recommended firm, and has elected to not seek qualification based competition for these identified services. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 26, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet October 1, 2013 Page 2 RECOMMENDATION Approve a Professional Services Agreement with CP &Y, Inc. and the City of Denton Solid Waste Department for professional engineering and consulting services in a not -to- exceed amount of $150,000. PRINCIPAL PLACE OF BUSINESS CP &Y, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT The contract term for this agreement will end September 30, 2014. FISCAL INFORMATION The services will be funded from Capital Improvements Program account 660067595.1360.30100. Requisition 4115050 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Public Utilities Board Draft Minutes Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance I -.CIS -File 5349 Exhibit 1 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 August 26, 2013 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, August 26, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, Secretary Randy Robinson, Leonard Herring, 11 Barbara Russell, Phil Gallivan and Lilia Bynum 12 13 Absent: Vice Chair Billy Cheek 14 15 Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager 16 17 OPEN MEETING: 18 19 CONSENT: 20 21 4) Consider recommending approval of a Professional Services Agreement between Chiang, 22 Patel, and Yerby, Inc. (CP &Y) and the City of Denton Solid Waste Department for CP &Y to 23 provide annual professional engineering consulting services in the amount not to exceed of 24 $150,000. 25 26 Board Member Russell pulled this item for questions. Russell stated that this firm has 27 been used before and wonders if Solid Waste could staff a person to take care of these 28 services. Vance Kemler, General Manager Solid Waste, responded that CP &Y has a large staff 29 of specialist in environmental engineering. Solid Waste could not hire the engineers required to 30 accomplish the sub- specialties that are in the area. This firm also is working on the multi -year 31 project for a major permit amendment with the expansion of the landfill. Their costs are 32 associated with the multi -year project. After that project is complete if solid waste did hire a few 33 engineers they wouldn't be able to support those needs after that permit process is accomplished. 34 Russell suggested that staff go to the Universities and ask for a certain discipline to 35 accomplish the tasks that Solid Waste could utilize. Kemler stated that the scope of services 36 required for the permit process utilizes eight to twelve engineering specialties for which there is 37 a full four year program. There are no programs that an under graduate or graduate student could 38 accomplish to achieve all those areas of expertise. That is why there are specialty firms that 39 work for the industry in their area of expertise. 40 41 Board Member Russell moved to approve item 4 with a second from Board Member 42 Herring, vote 6 -0. 43 44 Adjournment 10:10 a.m. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH CP &Y, INC. AND THE CITY OF DENTON SOLID WASTE DEPARTMENT FOR PROFESSIONAL ENGINEERING AND CONSULTING SERVICES; AND PROVIDING AN EFFECTIVE DATE (FILE 5349- AWARDED TO CP &Y, INC. IN A NOT -TO- EXCEED AMOUNT OF $150,000). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with CP &Y, Inc., to provide professional engineering and consulting services for the City of Denton Solid Waste Department, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. 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 File 5349 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IM APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY IC • 3 -ORD -File 5349 THE STATE OF TEXAS ) COUNTY OF DENTON ) PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING FIRM FILE 5349 THIS AGREEMENT is made and entered into as of the day of ^, 2013, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and the firm of CP &Y, Inc. (hereafter "CP &Y), with its corporate office at 1820 Regal Row, Suite 200, Dallas, Texas 75235, hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives and officers. In consideration of the covenants, promises and the agreements herein contained, the parties hereto do mutually AGREE as follows: SECTION 1_ EMPLOYMENT OF ENGINEERING AND DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas engineering firm, and planning consultant, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Design Professional's Proposal dated August 15, 2013, limited to those tasks described therein in Exhibit A — "Proposal for Professional Services — General Engineering Services;" and the General Conditions made a part hereof, and other attachments to this Agreement that are referenced herein, in connection with the Projects. SECTION 2 TERM OF AGREEMENT Time is of the essence in this Agreement. Design Professional shall begin work immediately upon the issuance of a notice to proceed from the Owner and shall complete all work in a timely manner in accordance with the time allotted for each task as established by the General Manager, Solid Waste Department and the Design Professional. All tasks are to be completed within the schedules established by the General Manager, Solid Waste Department and the Design Professional, unless the time for completion has been extended by the General Manager, Solid Waste Department. SECTION 3 COMPENSATION The Owner shall compensate the Design Professional as follows: PSA 5349 Page 1 3.1 BASIC SERVICES. 3.1.1 For Basic Services the total compensation including reimbursable expenses shall be not to exceed $150,000 based on the hourly rates for services shown in Exhibit "A" and Section 3.2.1. Design Professional services shall be invoiced to the Owner monthly. 3.1.2 Progress payments shall be paid to the Design Professional monthly for the Basic Services invoiced and satisfactorily completed. 3.2 ADDITIONAL SERVICES. 3.2.1 Compensation for professional services is as follows per Exhibit "A" (through December 31, 2014), and to be re- negotiated thereafter: Principal $185 -230 per hour Senior Associate Engineer $170 -215 per hour Senior Engineer $135 -180 per hour Project Engineer $95 -150 per hour Engineer in Training $75 -115 per hour Drafter /Technician $55 -95 per hour Clerical/Administrative $35 -65 per hour 3.2.2 Compensation for Additional Services of consultants, including any additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.0 times the amounts billed to the Design Professional for such additional services. 3.3 REIMBURSABLE EXPENSES. Reimbursable Expenses shall be a multiple of 1.0 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions. SECTION 4 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1, City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. Exhibit "A" — Proposal for Professional Services — General Engineering Services - Fiscal Year 2014 (Letter to Vance Kemler, General Manager, Solid Waste Department dated August 15, 2013) PSA 5349 Page 2 These documents make up the "Agreement 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 Agreement documents, the inconsistency or conflict shall be resolved by giving precedence to this Professional Services Agreement for Engineering Firm, then to the Agreement documents in the order in which they are listed above. This Agreement is signed by the parties hereto effective as of the date first above written. "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY IM GEORGE C. CAMPBELL CITY MANAGER "DESIGN PROFESSIONAL" CP &Y, INC. A Texas Corporation By: William E. Carroll, P.E. Senior Vice President PSA 5349 Page 3 WITNESS: By: PSA 5349 Page 4 CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement ") and proposal (the "Proposal ") to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional ") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services "). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely actions (the "Degree of Care'). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terns of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 23 DESIGN DEVELOPMENT PHASE 23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. 23.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. PSA 5349 Page 5 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.43 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREMENT 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner. 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionalss the administration shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written agreement of the Owner and Design Professional. 2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from time to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on -site visit. On the basis of on -site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Owner's rights hereunder. 2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress. PSA 5349 Page 6 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's obser- vations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contract Documents. 2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. PSA 5349 Page 7 2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be com- pensated therefor as agreed by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 33.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 33.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 33.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 33.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 33.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 33.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. PSA 5349 Page 8 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information famished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as apart of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 43 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed PSA 5349 Page 9 restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.13 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights -of -way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Con- tractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equip- ment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.23 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. PSA 5349 Page 10 ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall become the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement. 7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL 8.1 DIRECT PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. PSA 5349 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out -of -town travel; long- distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 8.2.1.4 Expense of renderings, models and mock -ups requested by the Owner. 8.2.1.5 Expense of computer -aided design and drafting equipment time when used in connection with the Project. Page 11 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 83 PAYMENTS ON ACCOUNT OF BASIC SERVICES 83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 3 of the Agreement and the schedule of work. 83.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 3 of the Agreement. 8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 3 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred. 8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is later. ARTICLE 9 INDEMNITY 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In PSA 5349 Page 12 such event, the Design Professional shall, prior to the effective date of the change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the written consent of the Owner. 113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such documents shall be given priority in the following order: 1. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. 11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing. 11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended during the term of this Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. PSA 5349 Page 13 gin For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.mmmmmWWWWWWmmmmmmmmm OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. q Name of person who has a business relationship with local governmental entity, Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? [::] Yes El No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes E: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 an officer or director, or holds an ownership of 10 percent or more? 0 Yes E--1 No D. Describe each affiliation or business relationship. Signature of person doing business with the governmental entity PSA 5349 Date Page 14 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler at 349 -8024 ACM: Bryan Langley �_A SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement (PSA) with Solutient GeoSciences, Inc. and the City of Denton Solid Waste Department for hydrogeological and analytical services; and providing an effective date (File 5348- awarded to Solutient GeoSciences. Inc. in a three (3) year amount not -to- exceed $287,791). The Public Utilities Board recommends approval (6 -0). FILE INFORMATION The Landfill is required to perform a variety of groundwater sampling events and submit ground water monitoring results of the landfill's groundwater monitoring wells and two leachate sumps on a semi - annual basis to the Texas Commission on Environmental Quality (TCEQ). Solutient GeoSciences, Inc. is familiar with Denton's hydrogeological site conditions, and possesses staff capable of monitoring and accurately interpreting Denton's groundwater data, having supervised Denton's landfill groundwater monitoring program since 1999. Denton's groundwater monitoring service requirements previously performed by Solutient GeoSciences, Inc. include well sampling, data review, statistical analyses, consultation, regulatory reporting, and general geological and hydrogeological services performed at the landfill site as required by the Municipal Solid Waste permit. There is no firm located in the city of Denton with a licensed professional hydrogeologist performing these professional and technical consulting services. In accordance with Texas Local Government Code 252.022, the procurement of professional services is exempt from the requirement of competition based selection. Solutient Geosciences, Inc. has extensive history and experience in collecting, interpreting, and reporting Denton's ground water data to the TCEQ, and is recommended to continue providing these annual services. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 26, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet October 1, 2013 Page 2 RECOMMENDATION Approve a Professional Services Agreement with Solutient GeoSciences, Inc. in a three (3) year amount not -to- exceed $287,791. PRINCIPAL PLACE OF BUSINESS Solutient GeoSciences, Inc. Tyler, TX ESTIMATED SCHEDULE OF PROJECT This is a three (3) year agreement with an ending date of September 30, 2016. FISCAL INFORMATION The services will be funded from operating account 660300.7855. Requisition 4114938 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Public Utilities Board Draft Minutes Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance I -.CIS -File 5348 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Exhibit 1 DRAFT MINUTES PUBLIC UTILITIES BOARD August 26, 2013 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, August 26, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Secretary Randy Robinson, Leonard Herring, Barbara Russell, Phil Gallivan and Lilia Bynum Absent: Vice Chair Billy Cheek Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager OPEN MEETING: CONSENT: 5) Consider approval of a Professional Services Agreement (PSA) with Solutient GeoSciences, Inc., of Tyler, Texas, for Hydrogeological and Analytical Consulting services regarding the City's Landfill monitoring and reporting requirements for a three year period, in a total amount not to exceed $287,791. Board Member Russell moved to approve item 5 with a second from Board Member Gallivan. Vote 6 -0 approved. Adjournment 10:10 a.m. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH SOLUTIENT GEOSCIENCES, INC. AND THE CITY OF DENTON SOLID WASTE DEPARTMENT FOR HYDROGEOLOGICAL AND ANALYTICAL SERVICES; AND PROVIDING AN EFFECTIVE DATE (FILE 5348- AWARDED TO SOLUTIENT GEOSCIENCES, INC. IN A THREE (3) YEAR AMOUNT NOT -TO- EXCEED $287,791). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with Solutient GeoSciences, Inc, to provide hydrogeological and analytical services for the City of Denton Solid Waste Department, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. 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 File 5348 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IM APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY IC • 3 -ORD -File 5348 STATE OF TE'XAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR HYDORGEOLOGICAL CONSULTING AND ANALYTICAL SERVICES REGARDING THE CITY OF DENTON, TEXAS LANDFILL (FILE 5348) THIS AGREEMENT is made and entered into as of the day of .. ....... F-013, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal offica at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER;" and Solutient GcoSciences, Inc., with its corporate office at 3800 Paluxy Drive, Suite 260, Tyler, Texas 75703, hereinafter called "CONS ULTANT," acting herein, by and through their duly authorized officials, representatives and officers. WITNESSETH, in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLIE-11 The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards that are customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: ARTICLE 11 SCOPE OF SERVICES HIM, Those services as described in Exhibit "A" which is attached hereto and incorporated herewith by reference. ARTICLE III ................... --- 4-D–F)KU2#–LU.Jf—S� File 5348 Page 1 A - RTI ' C - I ",E - IV OF PERIOD SERVICE ARTICLE V COMPENSATION Aa COMPENSATIONTERMIS, "Direct Non-Labor Expense" is defined as that expense (other than "per diem" expense), has upon cost plus (15%), for any for any out-of-pocket expense reasonably incurred by t CONSULTANT related to its performance of this Agreement, for long distance telephol chan�� s, inessenver services *,xintin; and regroduction exXenses. out of-Aockir., expenses for purchased COMPLItel7time, prudently incurred travel expenses related to the work the Project, and similar incidental expenses incurred in connection with the Project. 13. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article 11 above as follows: Partial payments to the CONSULTANT will be made monthly based on the pet-cent of actual completion of the Basic Services, rendered to and approved by the OWNER through its Director of Solid Waste or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the Director of Solid Waste or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized -�8 undertake any work pursuant to this Agreement which would require additional payments by tliv OWNER for any charge, expense, or reimbursement above the rnaximurn not to exceed fee as stated, without first having obtained written authorization from the OWNER. The File 5348 Page 2 CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 111, the CONSULTANT shall be paid based on the Schedule of Charges. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Exhibit "B" attached hereto. Statements shall not be submitted more frequently than monthly. ARTICLE VI OBSELYLT101 1-1i The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or ally subcontractors or subconsultants. ARTICLE VII ARTICLE VIII ffil,40MUM-MMME"UMIMNAMM CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. 1121 0140y The CONSULTANT shall indemnify, and shall save and hold harmless the OWNER and its officem, officials, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney's fees File 5348 Page 3 milli Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. During the performance of the services under this Agreement, CONSULTANT shall at all times maintain the following insurance coverage with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any Successor agency, that has a rating with Best Rate Carriers of at least an A- or above: ARTICLE X1 ARBITRATION AND The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation. No mediation arising out of or relating to this Agreement may proceed without the agreement of both parties to submit the dispute to mediation. The location for the mediation shall be the City of Denton, Denton County, Texas unless a different location is agreed to by the pat-ties. ARTICLE XII TERM IN,41LTION OF AtGGt ERVIENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. File 534 8 Page 4 ARTICLE XIII J10-riku-ITJ All notices, commun i cations, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties • depositing same in the United States mail to the address shown below, by certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: Solutient GeoSciences, Inc. Les Jeske, P.G. 3800 Paluxy Drive, Suite 260 Tyler, Texas 75703 Phone: (903) 581-4340 Fax: (903) 581-4399 City of Denton George C. Campbell, City Manager 215 East McKinney Denton, Texas 76201 Fax: (940) 349-8596 am City of Denton, Texas 5166 Foster Road Denton, Texas 76208 Phone: (940) 349-8001 File 5348 Page 5 AU notices shall hc deemed effective upon receipt bv the party to whom such notice is given, or within three (3) duvu` mailing. The parties may stipulate and agree by a separate writing that electronic mail may be utilized for notices. ENTIRE AGREEMENT This Agreement, consisting of eleven (11) pages and the two (2) Exhibits hereto, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, commun I cations, and agreements which may have been made in connection with the subject matter hereof ARTICLE XVI SBVBRAB)L{TY If any provision of this Agreement is found or deemed by a Court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder 0o be invalid or uoeutbzeoble, In such event, the pmdioa oho|| reform this Agreement to replace such otdukcu provision with a valid and enforceable provision vvbiob oonoem as close as possible to expressing the lotenhpo of the stricken provision. In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or johysical handicaj2, A. The CONSULTANT represents that it has or will secure, at its own expose, all personnel required to perform all the services required under this Agreement. Such personnel shall not bo employees or officers of, nor have any contractual relations with the OWNER. CONSULTANT obaO inform the OWNER of any conflict of interest orpotential conflict mi interest that may arise during the term of this Agreement, 13� All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in p/oxb shall be qualified, and uhd| be authorized and permitted under State and local laws to perform such services. IM, M "IM C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. File 5348 Page 7 who it intends to replace the key person. OWNER shall have a right to reject any replacement key person(s) and CONSULTANT agrees to name a replacement key person(s) acceptable to the OWNER. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F, The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. The captions of this Agreement are for informational purposes only, and shall not in ally way affect the substantive terms or conditions of this Agreement. ARTICLE XXIII ........................... ... . . ...................... RIGHTS TO AUDIT 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. File 5348 Page 8 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the - day of . ............ ........... 2013, CITY OF DENTON, TEXAS A Texas Municipal Corporation M GEORGE C. CAMPBELL City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 klu- SiM I = I = 111 = V I 0 "CONSULTANT" SOLUTIENT GEOSCIENCES, INC. A Texas Corporation By: K X2�+L' LtSLIE A. JES16-, FANT&W M- File 534 8 Page 9 Exhibit A Solutient GeoSciences, Inc. 3800 Paluxy Drive, Suite 260 Tyler, Texas 75703 (903) 581-4340 Tel (903) 581-4399 Fax August 19, 2013 David Dugger Landfill Manager City of Denton 1527 S. Mayhill Road Denton, Tx, 76208 Re: Proposal 2014-2016 Landfill Hydrogeological Consulting and Analytical Services City of Denton Landfill (MSW Permit No, 1590A) Denton (Denton County), Texas Dear Mr. Lugger: Scope of Services As we understand it, the work will consist of conducting quarterly and semi-annual groundwater monitoring events and reporting in accordance with the existing Texas Commission on Environmental Quality (TCEQ) approved Groundwater Sampling and Analysis Plan (GWSAP) and 30 TAC, Chapter 330, Subehapters F and J. The following discussion provides a detailed explanation of the services provided. David Dugger, City of Denton August 19, 2013 Page 2 Leslie A. Jeske, P.G., Hydrogeologist. Mr. Jeske has served as the primary groundwater consultant at the facility since 1999. Low-flow purging and sampling activities will be conducted using instruments and equipment owned and maintained by the City. In the event the instruments are found in need of repair, the City will be promptly notified to insure minimal delays in completing the scheduled monitoring events. The City will be responsible for all costs associated with repairs and on-going maintenance. David Dugger, City of Denton August 19, 2013 Page 3 and unit fees. It is estimated that the total amount of this contract for October 1, 2013 - September 30, 2016 should not exceed $ 287,791.00. In the event additional services are required beyond those detailed in this contract, such will be performed on a time and materials basis. You will be notified if unforeseen conditions are encountered or there is a necessity to change the scope of work, Additional work will not be performed without first obtaining your approval of the additional costs, An invoice will be submitted on a monthly basis for the percent of work completed for each event, It will be based upon the actual work performed and the unit prices shown in the attached Probable Cost Estimate. If you have any questions after reviewing this proposal, please do not hesitate to contact me at (903) 581-4340. As always, we look forward to working with the City in this endeavor. Very truly yours, Solutient GeoSciences, Inc. Leslie A. Jeske, P.G. Hydro geologist Attach: Probable Cost Estimate cc: Mike Copeland, City of Denton Exhibit B PROBABLE COST ESTIMATE August 19, 2013 2014 -2016 Landfill Ilydrogeologicol Consulting and Analytical Services City of Denton Landfill (R7SW Permit No. 1590A) Denton (Denton County),'I'mLs Page I A3 PROBABLE COST ESTIMATE August 19, 2013 2014-2016 Landfill HydrogTological Consulting and Analytical Services City of Denton Landfill (NISMI Permit No. 1590A) Denton (Dentoll couNHY)"Texas Page 21 (X3 PROBABLE, COSTES'111MATE August 19,203 2014-2016 Landfill Ilydrogeological Consulting and Analytical Services City of Denton Landfill (\ISW Permit No. 1590A) Denton (Denton County), Texas Notes: I Scope ol'%voik allows Ibi 2 assessment monitcoing, cveols with a total oftluce (3) wells each, Additional work will be pcifimnWd UPOII DLIffiOlization by the City of Denton utilizing the fi'llowing Inc schedule Ilydiogeologist - $155.00 per hour (adjusted to S165 00 perhom in 2016) Geologist - $130.00 per hour (adjusted to $135 00 per Four iii 2016) lAwbonmewal Technician - S95 00 per hom (adjusted to $100 .00 per how in 201.6) CARD OpeIRLca - $60 00 per hour Field Vehicle - S65 00 per day Mileage - SO 65 per mile Outside Scivices (i c , map reproduction, color photocopies, cle cost 115 I. Additional EApenscs (i e, meals, lodging, c1c ) - cost 115% Pagc 3 of'3 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Vance Kemler at 349 -8044 ACM: Bryan Langley i-A SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a public works contract for Parking Lot and Infrastructure Improvements for the City of Denton Solid Waste Operations Building; providing for the expenditure of funds therefor; and providing an effective date (RFP 5222- awarded to Caliber Constriction, Inc. in an amount not -to- exceed $359,198). The Public Utilities Board recommends approval RFP INFORMATION This Capital Improvement Plan project is for parking lot installation and associated infrastructure improvements for the City of Denton Solid Waste Operations Building, including demolition services, grading services, concrete and asphalt paving services, waterline installation, electrical system installation, and electric charging station installation. The Solid Waste Operations Building has several employee and City owned vehicle parking areas within close proximity of the building. The west parking lot, west of the operations building, is planned for 59 vehicle parking spaces and includes the installation of an electric vehicle charging station. The southwest and southeast parking areas are scheduled to provide a total of 94 parking spaces. The parking areas located east and northeast of the operations building are not part of this project. They currently are used for collections vehicles (tricks). The upcoming natural gas (NG) line installation and the time fill fueling station will require excavation and constriction in this area. Request for proposals were sent to 781 prospective suppliers, including 10 Denton firms. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and the notice to prospective suppliers was advertised in the local newspaper. Three proposals were received (Exhibit 1). Proposals were evaluated based upon published criteria, including price, delivery and probable performance by the supplier. Information from the proposal evaluations is summarized in Exhibit 2. The proposal submitted by Caliber Constriction Inc., a Denton firm, provided the highest evaluated score, and was contacted to provide a Best and Final Offer (BAFO). As a result of the BAFO process, the scope of work to be performed was revised to include relocation of water lines which currently run under the west parking lot, and the elimination of solar infrastructure. This resulted in a final offer of $359,198. The BAFO pricing is shown on Exhibit 3. Agenda Information Sheet October 1, 2013 Page 2 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 23, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award a contract for Parking Lot and Infrastructure Improvements for the City of Denton Solid Waste Operations Building to Caliber Constriction, Inc. in an amount not -to- exceed $359,198. PRINCIPAL PLACE OF BUSINESS Caliber Constriction, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT Constriction of the parking lot and infrastructure improvements is estimated to be completed within 120 days of issuance of the notice to proceed. FISCAL INFORMATION The capital constriction will be funded from Solid Waste job cost project account number 660300.7839. FXHIRITC Exhibit 1: Price Tabulation Exhibit 2: Ranking and Evaluation Sheets Exhibit 3: Best and Final Offer Pricing Sheet Exhibit 4: Public Utilities Board Minutes Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance 1 AIS -RFF 5222 RFP # 5222 Exhibit 1- Proposal Pricing Tabulation DATE: 6/26/13 Description: Construction of Solid Waste Operations Building Parking Improvements DESCRIPTION VENDOR VENDOR VENDOR Caliber Construction, Inc. Crescent Constructors, Inc. Icon Diversified, LLC Principle Place of Business: Denton, TX Richardson, TX Weatherford, TX Base Price $868 ,484.00 $977,000.00 $1,021,057.61 Addendums 1 ,2, 3, & 4 Acknowledged yes yes yes Number of Days for Completion 120 days 89 days 125 days EXHIBIT 2 RFP # 5222 - EVALUATION MATRIX Title: Construction of Solid Waste Operations Building Parking Improvements Response Date: 5 -7 -2013 @ 2:00 pm Buyer: Rebecca Hunter Respondents: Ranldng Aleets All Alin Evaluation Factors = 100% Reqs Project Schedule Compliance vvith Probable Price 1000 Specifications Performance 600o Total 200o 1000 Score Caliber Construction, Inc. 1 Yes 70o 150o 1000 600o 92 %u Crescent Constructors, Inc. 2 Yes 1000 1800 20o 530o 83 % Icon Diversified, LLC 3 Yes 70o 150o 50o 510o 78 %n Evaluation Team Members: Solid Waste Solid Waste Facilities EVALUATION CRITERIA A) Project Schedule (FACTOR: 10 %) Ability* to timely start and complete project. This includes the schedule to complete project and may include ability to meet required milestones of completion. B) Compliance with specifications, quality, reliability, characteristics to meet stated or implied needs (FACTOR 20 %) Compliance vvith the stated specification(s) coupled with the quality and reliability of the goods and services such as fitness for use that meets or exceeds Owner's expectations and the characteristics of the product or service that bear on its ability to meet the stated implied needs. C) Indicators of Probable Performance under contract (FACTOR: 10 %) Indicators of probable performance under the contract to include: past vendor performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the vendor's ability to provide reliable maintenance agreements and support. D) Price, Total Cost of Ownership (FACTOR: 60 %) The price of the items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. 9/26/20134:39 PM 1 3 -BU -RFP 5222.xisExhibit 2 RFP Evaluation Matrix Exhibit 3 Best and Final Offer With Revised Scope of Work Original Pricing RFP 5222 Pricing SM1eet far Construction of Solitl Waste Operations Building Parking Improvements the respontlent shall romp— the following section which r,—lyrorrespontlr t� Me rpeafimtionr. the ronhacror shall not make ch-g, tN thirformat. BAFO Pricing RFP 5222 Pricing SM1eet far Construction of Solitl Waste Operations Building Parking Improvements The —p--t shall romp— the following section which r,—lyrorrespontlr t� Me rpeafimtionr. the ronhacror shall not make changes N thirformat. ®o® ®a® ma® ®o® ®o® BAFO Pricing RFP 5222 Pricing SM1eet far Construction of Solitl Waste Operations Building Parking Improvements The —p--t shall romp— the following section which r,—lyrorrespontlr t� Me rpeafimtionr. the ronhacror shall not make changes N thirformat. ®o® ®a® tea® ®o® 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Exhibit 4 DRAFT MINUTES PUBLIC UTILITIES BOARD September 23, 2013 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, September 23 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy Robinson, Leonard Herring, Phil Gallivan Barbara Russell and Lilia Bynum Absent: George Campbell City Manager Ex Officio Members: Howard Martin, ACM Utilities OPEN MEETING: CONSENT AGENDA: 1) Consider recommending Caliber Constriction Inc., Denton, Texas, to provide demolition services, grading and sub -grade preparation, concrete and asphalt paving, waterline installation, Electrical system installation, and electric vehicle charging station installation, to complete the constriction services for the parking lot improvements included in RFP 4 5222 in an amount not to exceed $359,198.00. Board Member Leonard Herring pulled this item to ask a question. Herring asked for an explanation of why this item was not sent out for a bid. Vance Kemler, General Manger Solid Waste, answered this is not a bid process it is a procurement procure. There was a request for proposals and five was submitted. All the proposals were reviewed, scored and pricing was negotiated. What is in this item is the best negotiated price of the most qualified company. Herring asked if they all presented prices. Kemler answered yes. Russell stated that a request for proposals is essentially a bid. Kemler agreed that is equivalent to a bid except under a bid you can't negotiate other issues or pricing. Russell stated if the request information was put in the backup it would be helpful. Kemler agreed. Russell liked the use of a local company. Motion was made by Board Member Russell with the second by Board Member Cheek. The vote was 7 -0 approved. Adjournment 10:53 a.m. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FORPARKINGLOT AND INFRASTRUCTURE IMPROVEMENTS FOR THE CITY OF DENTON SOLID WASTE OPERATIONS BUILDING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5222- AWARDED TO CALIBER CONSTRUCTION INC. IN AN AMOUNT NOT -TO- EXCEED $359,198). WHEREAS, the City has solicited, received and tabulated competitive proposals for the constriction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described proposal is the highest scored proposal for the constriction of the public works or improvements described in the Request for Proposal (RFP) document and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposal for the constriction of public works or improvements, as described in the "Request for Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the RFP number assigned hereto, are hereby accepted and approved: RFP NUMBER CONTRACTOR AMOUNT 5222 Caliber Constriction, Inc. $359,198 SECTION 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for constriction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the constriction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 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 5222 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive proposals and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved proposals and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: - ORD -RFP 5222 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tim Fisher at 349 -7190 ACM: Bryan Langley � -A SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute approval of a Change Order 9 to the constriction contract with Bar Constrictors, Inc., for the constriction of the Lake Lewisville Water Treatment Plant upgrade project to increase the constriction contingency allowance by an additional $290,000; revising the contract total amount from $32,142,000 to $32,432,000; providing for the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5 -0). FILE INFORMATION Bid 4655- Lake Lewisville Water Treatment Plant (LLWTP) Upgrade Project was awarded by Council on May 3, 2011. The bid included an Owner Selected Alternative— Contingency Allowance for unanticipated work required at the owner's direction only. This alternate was established at $580,000 (2% of the original constriction budget) and provides a means to process changes to the constriction process in a timely manner. The use of this allowance is restricted to the owner and requires internal administrative approvals and follow up reporting to the Public Utilities Board and City Council through routine monthly project progress reports. Change Order 9 is for an increase of $290,000 to the contingency allowance (Exhibit 1). An explanation of the project and the need for the increase is included in the attached Public Utilities Board Agenda Information Sheet (Exhibit 2). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 9, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve Change Order 9 to the contract with Bar Constrictors, Inc., for the constriction of the Lake Lewisville Water Treatment Plant Upgrade project to increase the constriction contingency allowance by an additional $290,000. This will revise the total contract amount from $32,142,000 to $32,432,000. Agenda Information Sheet October 1, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS Bar Constrictors, Inc. Lancaster, TX ESTIMATED SCHEDULE OF PROJECT The original constriction schedule provided for the plant to be completed by the fall of 2013. Due to unforeseen site conditions and design issues, the contractor is current running about six months behind schedule. Therefore, the estimated completion date will be moved back to spring 2014. FISCAL INFORMATION A combination of existing bonds and current revenue reserves has been used to fund the project. The proposed increase to the Constriction Contract Contingency Allowance will be funded using revenue funds from the Revenue Funded Infrastructure Replacement Project fund. EXHIBITS Exhibit 1: Change Order 9 Exhibit 2: Public Utilities Board Agenda Information Sheet without Exhibits Exhibit 3: Public Utilities Board Draft Minutes Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance 1 -.CIS -Bid 466 Exhibit 1 City of Denton Lake Lewisville WTP Upgrade Change Order No. 9 CITY OF DENTON, TEXAS DEPARTMENT OF PUBLIC UTILITIES LAKE LEWISVILLE WATER TREATMENT PLANT UPGRADE Change Order No. 9 1. Justification for Change This Change Order (CO) reflects full consideration for the following: A. Increase the Owner's Contingency Bid Item by $290,000 effectively increasing the contingency amount from $163,107.92 prior to CO No. 9 to remaining contingency amount of $453,107.92. Change to Contract Price $ 290,000 Change to Contract Time -- 05673007.001 Page 1 of 3 8/29/2013 City of Denton Lake Lewisville WTP Upgrade Change Order No. 9 2. The Contract Price INCREASE provided herein constitutes the entire consideration for the changed conditions described above. The Contractor agrees to bring no claim for additional compensation for the above - described changes in conditions or for additional time as a result of these changes. CHANGE ORDER NO.9 SUMMARY 05673007.001 Page 2 of 3 8/29/2013 City of Denton Lake Lewisville WTP Upgrade Change Order No. 9 OriginalContract Amount ....................................... ............................... $32,142,000.00 Prior Change Orders Contract Price Increase ......................................... $0.00 Change Order No. 9 Contract Price Increase . ............................... $ 290,000.00 Cumulative Change Orders Contract Price Increase .............. ............................... $0.00 Revised Contract Amount ........................................ ............................... $32,432,000.00 Cumulative Change Orders Price as % of Original Contract Amount ...................0% be Total Proposed Change in Contract Time .. , , ,. GxtXA ;. ..... ai� ..�3� Substantial Completion Date .............................. ...........................: r1 -201.3 bo Final Completion Date Recommended 11 - .1 r � All ("A1)I -US, Inc. Date Accepted By: Bar Constructors, Inc., Date Approved By: Approved By: City of Denton Date City of Denton Date 05673007.001 Page 3 of 3 8/29/2013 i0m0TR PUBLIC UTILITIES BOARD AGENDA ITEM #7 AGENDA INFORMATION SHEET AGENDA DATE: September 9, 2013 DEPARTMENT: Utility Administration ACM: Howard Martin, 349 -8232 SUBJECT Consider recommending approval of Change Order 9 to the construction contract with Bar Constructors, Inc., for the Construction of the Lake Lewisville Water Treatment Plant Upgrade Project to increase the construction contingency allowance by an additional $ 290,000, revising the contract total amount from $ 32,142,000 to $ 32,432,000. BACKGROUND The Final Design Plans and Specifications for the Lake Lewisville Water Treatment Plant (LLWTP) Upgrade Project were completed and the project was released for bids on February 10, 2011. Bid opening for the proj ect was on Thursday, March 24m, 2011. BAR Constructors, Inc., was the low bidder for the project and was awarded the project with Public Utilities Board approval on April 11, 2011 and City Council approval on May 3, 2011. The bid also included an Owner Selected Alternative — Contingency Allowance for unanticipated work required at the owner's direction only. This alternate was established at $ 580,000 (2% of the original construction budget) and provides a means to process changes to the construction process in a timely manner. The use of this allowance is restricted to the owner and requires internal administrative approvals and follow up reporting to the Public Utilities Board and City Council through routine monthly project progress reports. The use of a construction contingency allowance for this project was recommended by Malcolm Pirnie, Inc., (Exhibit 2) and reviewed and approved by the Public Utilities Board at the January 24, 2011 PUB Meeting. The low base bid for the project was $ 29,535,000. The engineer's pre bid cost estimate for the base bid was $ 29,764,950. The engineer's pre bid cost estimate for the entire project (base bid, construction contingency allowance, and alternates A through H) was $ 33,928,750. The low bidder for the entire project (base bid, construction contingency allowance, and alternates A through H) was $ 33,827,000. Although the low bidder was below the engineer's pre bid cost estimate, it was over the construction budget of $ 29,600,000 by approximately 14.3 %. As a result, the engineer and staff revaluated the relative merits of alternates A through H in relation to their individual merit and financial impact on the project. Ultimately, staff recommended inclusion of alternates A, B, C, D, E, G and H but did not recommend alternative F for a total contract price (including the $ 580,000 Contingency Allowance) of $ 32,142,000.00. AIS — PUB Agenda Item #7 September 9, 2013 Page 2 of 4 Construction on the project began in June of 2011 and over the past twenty seven months there have been a total of 8 change orders administratively approved on the contract and funded through the use of the $ 580,000.00 Contingency Allowance approved by the Public Utilities Board and City Council. Through Change Order # 8, there has been a total utilization of $416,892.08 of the Contingency Allowance with a $163,107.92 remaining balance. Details of these change orders have been included in the Monthly Construction Progress Reports that have been provided to the Public Utilities Board as a part of the ACM Update at various board meeting and to the City Council as a part of the Friday Reading File. Based upon the estimated remaining work to finish the balance of the construction project, the engineer and staff are recommending adding additional funds to the Construction Contingency Allowance totaling $ 290,000.00. This would bring the total Construction Contingency Allowance to $ 870,000.00 (2.76 % of the original contract amount of $ 31,562,000.00) and revise the total contract amount from $ 32,142,000.00 to $ 32,432,000.00. OPTIONS 1. Approve the proposed increase to the Construction Contingency Allowance by $ 290,000.00 as recommended by the project engineer and staff. 2. Modify the proposal and /or redirect staff. RECOMMENDATIONS Staff recommends Option 1 — increasing the Construction Contingency Allowance by $290,000.00. This would revise the construction contract total amount from $ 32,142,000.00 to $ 32,432,000.00. This project is a major rehabilitation and upgrade to an existing water treatment plant and is not a typical new water treatment plant project constructed on a vacant tract of land. Having a estimated change order budget under three percent of construction is well below industry standards and still represents a well designed and managed project with good value to the city. The merits of including the 2% construction contingency allowance were discussed previously at the January 24, 2011 PUB meeting. This particular project has new construction components but is largely a rehabilitation project at an older facility. Managing this type of project without change orders is unlikely to occur and it is in the best interests of the owner to have timely decisions during construction to avoid contractor delay and cost claims. Increasing the Construction Contingency Allowance does not necessarily mean this money will be spent during the course of the project but does help staff in the administrative management of the project during remainder of construction. AIS — PUB Agenda Item #7 September 9, 2013 Page 3 of 4 PRIOR ACTION REVIEW (COUNIL, BOARDS, COMMISSION) February 27, 2006 PUB Approval of PSA with Malcolm Pirnie for the Preliminary Design of ESTIMATED SCHEDULE OF PROJECT The original construction schedule provided for the plant to be operational during the 27 month construction schedule and to be completed by the fall of 2013. The contractor is current running about six months behind schedule and recent construction complications that include some unforeseen site conditions and some design errors and omissions may result in some additional delays in completing the project on the original schedule. FISCAL INFORMATION A total of $ 32,142,000.00 was authorized for the project and included in the bid award and construction contract. A cost summary for the entire project is detailed below: Preliminary Design Phase PSA with Malcolm Pirnie, Inc.: $200,000 Final Design Phase PSA with Malcolm Pirnie, Inc.: $2,600,000 Amendment #1 to the Final Design Phase PSA w/ Malcolm Pirnie, Inc.: $139,100 Construction and Post Construction Phase PSA w/ Malcolm Pirnie, Inc. (Est. Only): $1,040,900 Construction Cost for LLWTP Upgrade Project: $32,142,000 Increase to Construction Contract Contingency Allowance (Change Order # 9) _$290,000 Project Total (not including in -house services) $36,412,000 the LLWTP Upgrade Project in the Amount of $ 200,000. March 7, 2006 City Council Approval of PSA with Malcolm Pirnie for the Preliminary Design of the LLWTP Upgrade Project in the Amount of $ 200,000. February 26, 2007 PUB Approval of the Preliminary Design Report for the LLWTP Upgrade Proj ect. August 10, 2009 PUB Approval of PSA with Malcolm Pirnie for the Final Design of the LLWTP Upgrade Project in the Amount of $ 2,600,000. August 18, 2009 City Council Approval of PSA with Malcolm Pirnie for the Final Design of the LLWTP Upgrade Project in the Amount of $ 2,600,000. August 23, 2010 PUB Approval of Amendment #1 to the PSA with Malcolm Pirnie for the Final Design of the LLWTP Upgrade Project in the Amount of $ 139,100. September 7, 2010 City Council Approval of Amendment # 1 to the PSA with Malcolm Pirnie for the Final Design of the LLWTP Upgrade Project in the Amount of $ 139,100. December 13, 2010 Staff briefing to PUB on LLWTP Upgrade Project scope and schedule. January 24, 2010 Staff briefing to PUB on the merits of including a contingency allowance on the LLWTP Upgrade Project bid process. April 11, 2011 PUB Approval of the Construction Contract with Bar Constructors, Inc., for the Lake Lewisville Water Treatment Upgrade Project for the total amount of $ 32,142,000. May 3, 2011 City Council Approval of the Construction Contract with Bar Constructors, Inc., for the Lake Lewisville Water Treatment Upgrade Project for the total amount of $ 32,142,000. ESTIMATED SCHEDULE OF PROJECT The original construction schedule provided for the plant to be operational during the 27 month construction schedule and to be completed by the fall of 2013. The contractor is current running about six months behind schedule and recent construction complications that include some unforeseen site conditions and some design errors and omissions may result in some additional delays in completing the project on the original schedule. FISCAL INFORMATION A total of $ 32,142,000.00 was authorized for the project and included in the bid award and construction contract. A cost summary for the entire project is detailed below: Preliminary Design Phase PSA with Malcolm Pirnie, Inc.: $200,000 Final Design Phase PSA with Malcolm Pirnie, Inc.: $2,600,000 Amendment #1 to the Final Design Phase PSA w/ Malcolm Pirnie, Inc.: $139,100 Construction and Post Construction Phase PSA w/ Malcolm Pirnie, Inc. (Est. Only): $1,040,900 Construction Cost for LLWTP Upgrade Project: $32,142,000 Increase to Construction Contract Contingency Allowance (Change Order # 9) _$290,000 Project Total (not including in -house services) $36,412,000 AIS — PUB Agenda Item #7 September 9, 2013 Page 4 of 4 A combination of existing bonds and current revenue reserves has been used to fund the project. The proposed increase to the Construction Contract Contingency Allowance will be funded using revenue funds from the Revenue Funded Infrastructure Replacement Project funds. EXHIBIT 1. Location Map 2. January 19, 2011 Letter recommending use of a construction contingency allowance for the LLWTP Upgrade Project. 3. Change Order # 9 Respectfully submitted: lko� ;t� Howard Martin Assistant City Manager, Utilities Prepared by: Timothy S. Fisher, P.E. Assistant Director of Water Utilities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Exhibit 3 DRAFT MINUTES PUBLIC UTILITIES BOARD September 9, 2013 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, September 9 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901A Texas Street, Denton, Texas. Present: Chairman Dick Smith, Vice Chair Billy Cheek, Leonard Herring, Phil Gallivan and Lilia Bynum Absent: Secretary Randy Robinson and Barbara Russell Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager OPEN MEETING: CONSENT AGENDA: 7) Consider approval of Change Order 9 to the constriction contract with Bar Constrictors, Inc., for the Constriction of the Lake Lewisville Water Treatment Plant Upgrade Project to increase the constriction contingency allowance by an additional $ 290,000, revising the contract total amount from $ 32,142,000 to $ 32,432,000. Board Member Bynum pulled this item for clarification. Bynum asked the construction contingency allowance is getting closer to $1 million and is 2.76% of the original contract. Bynum was concerned and is wondering if this is a big problem. Tim Fisher answered that because it is a big project the initial 2% budget was set up in hopes that it might cover the project. Staff didn't want to set that too high and carry the bonding limit up or give an expectation that the City was willing to provide the money. Staff thought 2% was a good working allowance. There were some complications regarding design errors with the consultant, and some unforeseen site conditions that have generated a need to put additional funds in. Staff is being proactive and re- establishing the fund. The amount to put in that fund is a judgment call. Board Member Gallivan motioned to approve item 7 with a second from Board Member Bynum. The motion was approved 5 -0. Adjournment 11:11 a.m. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE APPROVAL OF A CHANGE ORDER 9 TO THE CONSTRUCTION CONTRACT WITH BAR CONSTRUCTORS, INC., FOR THE CONSTRUCTION OF THE LAKE LEWISVILLE WATER TREATMENT PLANT UPGRADE PROJECT TO INCREASE THE CONSTRUCTION CONTINGENCY ALLOWANCE BY AN ADDITIONAL $290,000; REVISING THE CONTRACT TOTAL AMOUNT FROM $32,142,000 TO $32,432,000; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has, as a result of Bid Number 4665 awarded in the total amount of $32,142,000, entered into a contract with BAR Constrictors, Inc. for the constriction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the above referenced contract included provisions for a Constriction Contingency Allowance in the total amount of $580,000; and; WHEREAS, the City desires to increase this Constriction Contingency Allowance by an additional $290,000; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute Change Order 9 to the written contract for the performance of the constriction of the public works or improvements in accordance with the existing contract between BAR Constrictors, Inc. and the City of Denton. SECTION 2. Upon acceptance and approval of the above contract change order for contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved change order to the authorized contracts executed pursuant thereto. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock at 349 -7133 ACM: Bryan Langley i -A SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of remanufactured toner cartridges and printer supplies for the City of Denton; providing for the expenditure of funds therefore; and providing an effective date (RFP 5200 - awarded to TIC Express, LLC, in the annual estimated amount of $150,000 for a three (3) year not -to- exceed amount of $450,000). RFP INFORMATION This RFP is for the purchase of remanufactured toner cartridges and printer supplies to maintain printers owned by the City of Denton. Standard purchasing procedures were followed to solicit proposals for remanufactured toner cartridges. Request for Proposals (RFP) were sent to 487 prospective suppliers, including four (4) Denton firms. In addition, notice was advertised in the local newspaper, and the specifications were placed on the City of Denton Materials Management website for prospective suppliers to download. Fourteen (14) responses were received meeting the minimum qualifications. The pricing sheet showing all responsive proposers is included as Exhibit 1. The overall scoring matrix with evaluation criteria is included as Exhibit 2. TIC Express, LLC received the highest ranking based on the evaluation criteria which included price as 70% of the total score. Therefore, staff is recommending award to TIC Express, LLC as the best value for the City. Consolidating the toner cartridges into one contract will make the ordering process more efficient and TIC Express, LLC also provides next day delivery. This will result in a soft savings of employee time and resources. RECOMMENDATION Award to the highest scoring proposer meeting specifications, TIC Express, LLC for an annual estimated expenditure of $150,000 and a three (3) year estimated total not to exceed $450,000. This amount is includes contingent pricing for additional departmental printers that may added during the three (3) year time period. PRINCIPAL PLACE OF BUSINESS TIC Express, LLC Arlington, TX Agenda Information Sheet October 1, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT This is an initial one year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION Toner cartridges and supplies will be purchased as needed for various City departments. EXHIBITS Exhibit 1: Pricing Sheet Exhibit 2: Scoring Matrix Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance 1- AIS -RFP 5200 Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price IE.t.nded Price 1 1 EA BROTHER 51 BLACK INK $ 1.80 $ 1.80 2 10 EA BROTHER 51 CYAN INK $ 1.80 $ 18.00 3 7 EA BROTHER 51 MAGENTA INK $ 1.80 $ 12.60 1 7 EA BROTHER 51 MULTICOLOR INK 3PK $ 4.95 $ 34.65 - 3 EA IBROTHER 51 YELLOW INK $ 1.80 $ 5.40 6 7 EA BROTHER DR200 DRUM $ 23.95 $ 167.65 7 1 EA BROTHER DR500 $ 19.95 $ 19.95 8 1 EA BROTHER DR510 $ 19.95 $ 19.95 9 3 EA BROTHER LC75 BLACK $ 1.95 $ 5.85 10 3 EA BROTHER LC75 CYAN $ 1.95 $ 5.85 11 2 EA BROTHER LC75 MAGENTA $ 1.95 $ 3.90 12 2 EA BROTHER LC75 YELLOW $ 1.95 $ 3.90 13 2 EA BROTHER PC -201 BLACK INK $ 11.95 $ 23.90 14 3 EA BROTHER TN -250 BLACK TONER $ 4.95 $ 14.85 15 1 EA BROTHER TN -350 BLACK TONER $ 22.00 $ 22.00 16 1 EA BROTHER T 36 TONER CARTRID HY $ 22.00 $ 22.00 17 1 EA BROTHER TN450 HY BLACK TONER $ 16.10 $ 16.10 18 3 EA BROTHER TN -460 BLACK TONER $ 16.75 $ 50.25 19 3 EA BROTHER TN- 5000PF BLACK TONER $ 5,95 $ 17,85 20 2 EA BROTHER TN560 $ 18.95 $ 37.90 11 2 EA BROTHER TN570 $ 18.95 $ 37.90 11 5 EA BROTHER TN620 TONER $ 18.95 $ 94.75 13 2 EA CANON 104 BLACK TONER $ 18.95 $ 37.90 14 3 EA CANON BCI -15 2PK COLOR $ 4.20 $ 12.60 15 1 EA CANON BCI -15 BLK INK CART 2PK $ 3.95 $ 3.95 26 2 EA CANON BCI -16 COLOR INK 2PK $ 4.95 $ 9.90 27 2 EA CANON CLI -8 MULTICOLOR INK 4PK $ 8,25 $ 16.50 18 1 EA CANON S35 $ 15.95 $ 15.95 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION Unit Price Extended Price 29 2 EA CRTDG,HP LJ4600,BK $ 38.50 $ 77.00 30 1 EA CRTDG,HP LJ4600,CYN $ 38.50 $ 38.50 31 1 EA CRTDG,HP LJ4600,MA $ 38.50 $ 38.50 32 1 EA CRTDG,HP LJ4600,YW $ 38.50 $ 38.50 33 1 EA CTRG,TONER,5MiVR,YELLO W 31 22 EA CTRG,TONER,CMR3C,MAGEN TA $ 13.50 $ 297.00 35 19 EA CTRG,TONER,PDVTW,CYAN $ 13.50 $ 256.50 36 20 EA DELL 1110 BLACK TONER $ 18.00 $ 360.00 37 7 EA DELL 1130 BLACK $ 33.00 $ 231.00 38 5 EA CARTRIDG $ 29,95 $ 149.75 39 1 EA DELL 1230C MAGENTA TONER CAR $ 29,95 $ 29,95 4o 1 EA DELL 1230C YELLOW TONER CARTR $ 29,95 $ 29,95 41 1 EA DELL 1230C/1235CN BLACK TONER $ 29,95 $ 29,95 92 2 EA IDELL 1320 BLACK TONER $ 6.75 $ 13.50 93 27 EA DELL 1320 CYAN TONER $ 6.75 $ 182.25 94 25 EA DELL 1320 MAGENTA TONER $ 6.75 $ 168.75 45 26 EA DELL 1320 YELLOW TONER $ 6.75 $ 175.50 45 28 EA DELL 1700 BLACK TONER 6K $ 19.95 $ 558.60 47 7 EA DELL 1710 DRUM $ 2, 2, $ 176.75 48 5 EA DELL 1710 TONER $ 19.95 $ 99.75 49 20 EA YIELD $ 19.95 $ 399.00 50 4 EA DELL 1720 CARTRIDGE $ 19.95 $ 79.80 51 15 EA DRUM $ 23.85 $ 357.75 52 8 EA DELL 2130CN/2135CN BLACK TONER $ 8,95 $ 71.60 53 2 EA DELL 2130CN/2135CN CYAN TONER $ 8,95 $ 17.90 54 2 EA DELL 2130CN/2135CN MAGENTA TON $ 8,95 $ 17.90 55 2 EA DELL 2130CN/2135CN YELLOW TONR $ 8,95 $ 17.90 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products DELL 2MMJP /113X BLACK 56 2 CA TONER $ 28.75 $ 57.50 57 4 EA IDELL 311OCN CYAN TONER $ 58.50 $ 234.00 58 6 EA DELL 3110CN MAGENTA TONER $ 58.50 $ 351.00 59 6 EA DELL 3110CN/3115CN BLACK TONER $ 58.50 $ 351.00 60 7 EA DELL 3110CN/3115CN YELLOW TON $ 58,50 $ 409.50 61 6 EA DELL 313OCN BLACK TONER CART $ 63.50 $ 381.00 62 3 EA DELL 3130CN CYAN TONER CART $ 63.50 $ 190.50 63 4 EA DELL 313OCN MAGENTA TONER CART $ 63.50 $ 254.00 64 4 EA DELL 3130CN YELLOW TONER CART $ 63.50 $ 254.00 65 3 EA IDELL 3330 BLACK $ 54.95 $ 164.85 69 2 EA DELL 4R4G5 BLACK TONER $ 19.95 $ 39.90 DELL5100 TRANSFER 70 4 EA ROLLER $ 37.99 $ 151.96 71 1 EA DRUM $ 84.95 $ 84.95 DELL 5110CN BLACK TONER 72 2 EA 18K $ 30.99 $ 61.98 73 12 EA IDELL 511OCN CYAN TONER $ 29.50 $ 354.00 71 10 EA DELL 5110CN MAGENTA TONER $ 29.50 $ 295.00 DELL 5110CN YELLOW 75 8 EA TONER $ 29.50 $ 236.00 9 DELL 520ON BLACK TONER 76 EA 18K $ 38.95 $ 350.55 77 9 EA DELL 5210/5310 CARTRIDGE $ 38.95 $ 350.55 78 10 EA CARTRID $ 13.50 $ 135.00 79 25 EA DELL H89YG MAGENTA TONER $ 13.50 $ 337.50 80 4 EA DELL HD767 $ 38.95 $ 155.80 81 1 EA CARTRID 5330 $ 71.65 $ 71.65 81 2 EA DELL PD974 BLACK TONER $ 38.95 $ 77.90 83 1 EA DELL PK941 BLACK TONER $ 50.00 1 $ 50.00 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price Sn 2 EA DELL RY855 MAGENTA TONER $ 12.25 $ 24.50 85 3 rA DELL S2500/S2500N BLACK TONER $ 59.99 $ 179.97 86 1 rA IDELL YPXY8 CYAN TONER $ 13.99 $ 13.99 87 4 rA DRUM BROTHER DR 400 $ 23.95 $ 95.80 88 2 rA EPSON 68 T CLR HIGH CAP 3 PK $ 14.98 $ 29.96 89 2 rA EPSON 98 BLACK CARTRIDGE $ 6.25 $ 12.50 90 1 rA EPSON T048920 MULTI INK 5PK $ 18.50 $ 18.50 91 1 rA EPSON T060120 -BCS COLOR 4/PACK $ 12.50 $ 12.50 92 1 1A EPSON T060120 -Di 2 PACK BLACK $ 6.00 $ 6.00 91 1 rA EPSON T069120 BLACK 2PK INK $ 6.00 $ 6.00 91 2 rA HP 02 BLACK INK $ 3.90 $ 7.80 95 3 rA HP 02 COMBO PACK $ 7.80 $ 23.40 96 1 rA HP 02 CYAN INK $ 3.90 $ 3.90 97 3 rA HP 02 MAGENTA INK $ 3.90 $ 11.70 98 3 rA HP 02 YELLOW INK $ 3.90 $ 11.70 99 3 rA HP 10 BLACK CARTRIDGE $ 3.90 $ 11.70 100 6 rA HP 101202610A CARTRIDGE $ 12.50 $ 75.00 101 12 rA HP 11 CYAN CARTRIDGE $ 5.50 $ 66.00 102 6 rA HP 11 MAGENTA CARTRIDGE $ 5.50 $ 33.00 103 6 rA HP 11 PRINTHEAD BLACK $ 29,95 $ 179.70 104 4 rA HP 11 PRINTHEAD MAGENTA $ 29,95 $ 119.80 105 1 rA HP 11 PRINTHEAD YELLOW $ 29,95 $ 29,95 106 1 rA HP 11 YELLOW CARTRIDGE $ 5.50 $ 5.50 107 1 rA HP 1100 C4092A $ 12.95 $ 12.95 108 1 rA HP 124A BLACK TONER $ 27.50 $ 27.50 109 1 rA HP 124A CYAN TONER $ 27.50 $ 27.50 110 1 1A HP 131X BLACK LASERJET TONER CF210A $ 38.50 $ 38.50 "I 1 rA HP 21 BLACK INK 2PK $ 12.70 $ 12.70 ll2 1 rA HP 21/21/22122 QUAD PACK $ 40.50 $ 40.50 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price tt3 1 1A HP21 /22BLACK /COLOR INK 2PK $ 20.10 $ 20.10 ll4 1 r4 JHP 22 TRICOLOR INK $ 13.75 $ 13.75 Ili 2 r4 HP 2600 Black 06000A $ 27.50 $ 55.00 - 8 rA HP 2600 Cyan 06001A $ 27.50 $ 220.00 ll7 5 rA HP 2600 Magenta 06003A $ 27.50 $ 137.50 - 5 rA HP 2600 Yellow 06002A $ 27.50 $ 137.50 "1 5 rA HP 27 BLACK INK $ 6.55 $ 32.75 t2o 4 1A HP 305A BLACK TONER CE410A $ 28.50 $ 114.00 "1 2 1q HP 305A CYAN TONER CE411A $ 28.50 $ 57.00 122 1 rA HP 305A MAGENTA TONER $ 2850 $ 28.50 123 2 rA HP 305A YELLOW TONER $ 28.50 $ 57.00 124 2 rA HP 3600 CYAN 06471A $ 38.75 $ 77.50 125 4 rA HP 3600 MAGENTA 06473A $ 38.75 $ 155.00 126 4 rA HP 3600 YELLOW 06472A $ 38.75 $ 155.00 127 4 rA CART. $ 25,95 $ 103.80 128 2 rA HP 4000 C4127X $ 17.95 $ 35.90 129 4 rA HP 4100 C8061 $ 18.95 $ 75.80 130 10 rA HP 45 BLACK INK $ 5.00 $ 50.00 131 8 rA HP 473006460A BLACK $ 48.50 $ 388.00 132 4 rA HP 4730 0646 1 A CARTRI DGE $ 48.50 $ 194.00 133 4 rA HP 473006462A YELLOW $ 48.50 $ 194.00 134 4 rA HP 473006463A MAGENTA $ 48.50 $ 194.00 135 4 rA HP 54 $ 9.95 $ 39.80 136 15 rA HP 54 INK OEM $ 9,95 $ 149.25 137 15 rA IIP 5530 Black Ca ,,dge $ 60.50 $ 907.50 138 12 rA I IP 5530 Cyan Ca Wdge $ 60.50 $ 726.00 139 12 rA IP 5530 Magenta C cadge $ 60.50 $ 726.00 140 12 rA IP 5550 Yellow C cadge $ 60.50 $ 726.00 141 12 rA HP 56 BLACK INK I $ 635 $ 76.20 142 9 rA HP 56/57 COMBO PACK -INK $ 20.05 $ 180.45 143 1 rA HP 564XL BLACK INK $ 6.75 $ 6.75 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 144 2 , HP 564XL BL /564 CMY INK 4PK $ 27.00 $ 54.00 145 4 r4 JHP 57 COLOR INK $ 13.75 $ 55.00 146 6 r4 HP 60 BLACK $ 10.50 $ 63.00 147 6 r4 HP 60 COLOR $ 11.50 $ 69.00 148 6 r4 HP 61 BLACK $ 14.00 $ 84.00 149 7 r4 HP61COLOR $ 15.75 $ 110.25 li0 7 EA 11111 11L 11 TONER HEWZ3662A $ 23.50 $ 164.50 lit 1 rA HP 72 INKJET CART YELLOW $ 48.95 $ 48.95 lie 1 rA HP 74 BLACK INK $ 5.85 $ 5.85 153 16 rA HP 74XL BLACK INK $ 6.85 $ 109.60 154 21 rA HP 75 TRI COLORINK $ 6.15 $ 129.15 155 12 rA HP 75XL TRICOLOR INK $ 7.50 $ 90.00 lib 20 rA HP 78 PLUS TRICOLOR INK $ 13.00 $ 260.00 157 3 rA HP 78 TRI -COLOR INK $ 13.00 $ 39.00 lib 3 rA HP 78A TONER $ 12.95 $ 38.85 159 1 1A HP 80A LASERJET TONER CART BLK $ 22,85 $ 22,85 160 3 1q HP 81 BLACK DYE VALUE PACK $ 49.95 $ 149.85 161 1 1q HP 81A CYAN CARTRIDGE HEW07581A $ 39.50 $ 39.50 162 1 rA HP 82 BLACK $ 16.75 $ 16.75 163 2 rA HP 82 CYAN $ 14.75 $ 29.50 - 2 rA HP 82 MAGENTA $ 14.75 $ 29.50 165 2 rA HP 82 YELLOW $ 14.75 $ 29.50 166 2 rA HP 85A TONER $ 12.50 $ 25.00 167 5 rA HP 88 XL CYAN INK $ 4.50 $ 22.50 168 3 rA HP 88 XL YELLOW INK $ 4.50 $ 13.50 169 3 rA HP 88XL BLACK INK $ 4.50 $ 13.50 170 4 rA HP 88XL MAGENTA INK $ 4.50 $ 18.00 171 3 1A HP 90 BLK PRINTHEADS &. CLEANER $ 137.95 $ 413.85 172 7 rA CLEANER $ 137.95 $ 965.65 173 7 rA 174 10 rA OMIT 175 10 rA HP 901 XL BLACK INK $ 11.85 $ 118.50 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 176 12 1A HP 901 COLOR each Ma enia an "_ $ 14.25 $ 171.00 179 4 r4 JHP 920XL BLACK $ 8.25 $ 33.00 180 10 rA HP 920XL CYAN $ 6.70 $ 67.00 181 10 rA HP 920XL MAGENTA $ 6.70 $ 67.00 182 10 rA HP 920XL YELLOW $ 6.70 $ 67.00 183 10 rA HP 92298A BLACK TONER $ 12.25 $ 122.50 184 4 rA HP 92298X OEM Discontinued $ 13.25 $ 53.00 185 6 rA HP 94/95 COMBO PACK $ 9,95 $ 59.70 186 4 1A HP 940 COLOR COMBO PACK INK $ 24.50 $ 98.00 187 5 1q HP 940 CYAN OFFICEJET INK CART $ 8.00 $ 40.00 188 7 rA HP 940 MAGENTA OFFICEJET INK C $ 8.00 $ 56.00 189 7 1q HP 940 YELL OW OFFICEJET INK CA $ 8.00 $ 56.00 190 7 rA HP 940XL BLKINK $ 8.00 $ 56.00 191 8 rA HP 95 TRICOLOR -INK $ 5.15 $ 41.20 192 11 rA HP 96/97 COMBO PACK $ 9.75 $ 107.25 193 4 rA HP 97 TRI -COLOR INK $ 4.90 $ 19.60 199 2 rA HP 98 BLACK INK $ 4.80 $ 9.60 195 3 rA HP 98 BLACK INK 2 PACK $ 9.60 $ 28.80 196 4 rA HP C3909A $ 27.95 $ 111.80 197 2 rA HP C3909A BLACK TONER $ 27.95 $ 55.90 198 1 rA HP C4092A $ 12.95 $ 12.95 199 1 rA HP C4182X CARTRIDGE $ 34.25 $ 34.25 200 10 rA HP C6602A BLACK INK $ 9.95 $ 99.50 201 1 rA HP C7115X BLACK TONER $ 13.25 $ 13.25 202 5 1A HP C9704A DRUM CARTRIDGE $ 38.50 $ 192.50 203 2 rA HP C9720A $ 38.50 $ 77.00 eon 6 rA HP C9721A $ 38.50 $ 231.00 205 6 rA HP C9722A $ 38.50 $ 231.00 276 6 rA HP C9723A $ 38.50 $ 231.00 277 6 rA HP C9730A $ 60.50 $ 363.00 278 5 rA HP C9731A $ 60.50 $ 302.50 209 5 rA HP C9732A $ 60.50 $ 302.50 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION Unit Price Extended Price 210 5 EA HP C9733A $ 60.50 5 302.50 211 5 EA HP CB436A CARTRIDGE $ 12.95 $ 64.75 212 12 EA HP CB540A $ 26.50 $ 318.00 213 6 EA HP CB541A $ 26.50 $ 159.00 214 6 EA HP CB542A $ 26.50 $ 159.00 215 6 EA HP CB543A $ 26.50 $ 159.00 - 6 EA HP CC530A BLACK TONER $ 26.50 $ 159.00 217 20 EA HP CC531A CYAN TONER $ 26.50 $ 530.00 - 17 EA HP CC532A YELLOW TONER $ 26.50 $ 450.50 219 16 EA HP CC533A MAGENTA TONER $ 26.50 $ 424.00 220 18 EA HP CE255A $ 23.75 $ 427.50 221 7 EA HP CE255A $ 23.75 $ 166.2, 222 4 EA HP CE255X $ 26.75 $ 107.00 223 8 EA HP CE270A $ 103.50 $ 828.00 224 15 EA HP CE271A $ 103.50 $ 1,552.50 225 12 EA HP CE272A $ 103.50 $ 1,242.00 226 12 EA HP CE273A $ 103.50 $ 1,242.00 227 12 EA HP CE320A BLACK TONER $ 2.50 $ 306.00 228 35 EA HP CE321A CYAN TONER $ 2.50 $ 892.50 229 28 EA HP CE322A YELLOW TONER $ 25,50 $ 714.00 230 28 EA HP CE323A MAGENTA TONER $ 25,50 $ 714.00 231 27 EA HP CE390A BLACK TONER CARTRIDG $ 25,75 $ 695,2"' 232 2 EA JHP CE410A $ 2835 $ 56.70 233 4 EA HP CE411A $ 2835 $ 113.40 234 4 EA HP CE412A $ 2835 $ 113.40 235 4 EA HP CE413A $ 2835 $ 113.40 236 4 EA CARTRIDG $ 14 2, $ 57.00 237 8 EA HP CE505X BLACK TONER CARTRIDG $ 1/ 2, $ 138.00 238 11 EA HP CE740A BLACK TONER $ 69.50 $ 764.50 239 3 EA HP CE741A CYAN TONER $ 73.50 $ 220.50 240 2 EA HP CE742A YELLOW TONER $ 73.50 $ 147.00 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 241 1 EA HP CE743A MAGENTA TONER $ 73.50 $ 73.50 1 HP CLR LJ 2550 HIGH YLD 242 EA CYAN $ 23,50 $ 23.50 1 HP CLR LJ 2550 HIGH YLD Lai EA MGNTA $ 23,50 $ 23.50 1 HP COLOR LASER CB542A 14, EA YELLOW $ 26.50 $ 26.50 4 HP COLOR LASER CB543A 245 EA MAGENTA $ 26.50 $ 106.00 4 HPCOLOR LASERJET Las EA CB540A BLAC $ 26.50 $ 106.00 8 HP COLOR LASERJET 247 Eq CB541A CYAN $ 26.50 $ 212.00 4 HP COLOR LASERJET Lae EA CE260A BLACK $ 49.50 $ 198.00 249 5 EA HP COLOR LASERJET CE261A CYAN $ 49.50 $ 247.50 250 3 EA HP COLOR LASERJET CE262A YELLO $ 49.50 $ 148.50 251 2 EA HP COLOR LASERJET CE263A MAGEN $ 49.50 $ 99.00 252 3 EA HP LASER JET CB436 FAMPRTCART $ 12.95 $ 38.85 253 2 EA HP LASERJET 64A BLACK TONER $ 26.95 $ 53.90 254 5 EA HP LASERJET 02612A CART $ 12.50 $ 62.50 255 2 EA HP 02612A $ 12.50 $ 25.00 256 12 EA HP 02673A MAGENTA TONER $ 34.75 $ 417.00 257 1 EA HP 03960A BLACK TONER $ 23.50 $ 23.50 258 1 EA HP 03964A DRUM $ 39.25 $ 39.25 259 1 EA HP 05942A $ 28.75 $ 28.75 260 10 EA HP 05942X $ 30.00 $ 300.00 261 12 EA HP 05942XD BLACK TONER $ 17,10 $ 690.00 1 HP 06460A BLACK TONER 262 EA CARTRIDG $ 48.50 $ 48.50 4 HP 06470A BLACK TONER 263 EA CARTRIDG $ 39.25 $ 157.00 8 HP 06471A CYAN TONER 26, EA CARTRIDGE $ 39.25 $ 314.00 265 7 EA HP 06472A YELLOW TONER CART. $ 39.25 $ 274.75 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY Li DESCRIPTION Unit Price Extended Price 266 6 , HP 06473A MAGENTA TONER CART. $ 39.25 $ 235.50 267 6 rA JHP 07516A $ 26.95 $ 161.70 268 10 rA HP07551A $ 17.95 $ 179.50 269 8 rA HP07551X $ 23,95 $ 191.60 270 9 rA HP 07553X CARTRIDGE $ 16.95 $ 152.55 271 5 rA C9730A $ 60.50 $ 302.50 272 1 rA LEX 43/44 HI -YLD INK COMBO PK $ 26.98 $ 26.98 273 3 rA LEXMARK44 HIGH YIELD BLK INK $ 15.49 $ 46.47 271 4 rA JLEXMARK C925 BLACK $ 110.2, $ 441.00 275 15 rA LEXMARK C925 CYAN $ 115.95 $ 1,/39 2, 276 12 rA LEXMARK C925 MAGENTA $ 115.95 $ 1,391.40 277 12 rA TONER BOTTLE $ 16.99 $ 203.88 278 4 rA LEXMARK C925 YELLOW $ 115.95 $ 463.80 279 12 rA LEXMARK T640 $ 3/ 91 $ 455.40 280 7 rA LEXMARK T652 $ 64 9, $ 454.65 281 5 rA LEXMARK X4975 BLACK $ 15.49 $ 77.45 282 2 rA LEXMARK X4975 CYAN $ 15.49 $ 30.98 283 2 rA LEXMARK X4975 MAGENTA $ 15.49 $ 30.98 284 2 rA LEXMARK X4975 YELLOW $ 15.49 $ 30.98 285 2 rA OKIDATA 52102001 $ 1.50 $ 3.00 $ 47,566.63 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products NOTE. An ff r was re , -d from CPI One Pont however requests for clay f-tion did t cce,e a resp onsc and were unable to be evaluated. Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price IE.t.nded Price 1 1 EA BROTHER 51 BLACK INK $ 7.89 $ 7.89 2 10 EA BROTHER 51 CYAN INK $ 7.89 $ 78.90 3 7 EA BROTHER 51 MAGENTA INK $ 7.89 $ 55.23 1 7 EA BROTHER 51 MULTICOLOR INK 3PK - 3 EA IBROTHER 51 YELLOW INK $ 7.89 $ 23.67 6 7 EA BROTHER DR200 DRUM $ 54.99 $ 384.93 7 1 EA BROTHER DR500 $ 49.99 $ 49.99 8 1 EA BROTHER DR510 $ 49.99 $ 49.99 9 3 EA BROTHER LC75 BLACK $ 9.99 $ 29.97 10 3 EA BROTHER LC75 CYAN $ 9.99 $ 29.97 11 2 EA BROTHER LC75 MAGENTA $ 9.99 $ 19.98 12 2 EA BROTHER LC75 YELLOW $ 9.99 $ 19.98 13 2 EA BROTHER PC -201 BLACK INK $ 17.99 $ 35.98 14 3 EA BROTHER TN -250 BLACK TONER $ 9.99 $ 29.97 15 1 EA BROTHER TN -350 BLACK TONER $ 29.99 $ 29.99 16 1 EA BROTHER T 36 TONER CARTRID HY $ 29.99 $ 29.99 17 1 EA BROTHER TN450 HY BLACK TONER $ 29.99 $ 29.99 18 3 EA BROTHER TN -460 BLACK TONER $ 33.99 $ 101.97 19 3 EA BROTHER TN- 5000PF BLACK TONER $ 7.99 $ 23.97 20 2 EA BROTHER TN560 $ 39.99 $ 79.98 11 2 EA BROTHER TN570 $ 39.99 $ 79.98 11 5 EA BROTHER TN620 TONER $ 223.85 23 2 EA CANON 104 BLACK TONER $ 49.99 $ 99.98 29 3 EA CANON BCI -15 2PK COLOR .'. 1 $ 127.20 15 1 EA CANON BCI -15 BLK INK CART 2PK $ 25.98 16 2 CA CANON BCI -16 COLOR INK 2PK $ 91.00 27 2 EA CANON CLI -8 MULTICOLOR INK 4PK $ 91.84 18 1 EA CANON S35 $ 37.99 $ 37.99 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION 1 Unit Price lExtended Price 29 1 2 1 EA ICRTDG,HPLJ4 600,BK $ 89 991 $ 179.98 30 1 EA CRTDG,HP LJ4600,CYN $ 89.99 $ 89.99 31 1 EA CRTDG,HP LJ4600,MA $ 89.99 $ 89.99 32 1 EA CRTDG,HP LJ4600,YW $ 89.99 $ 89.99 33 1 EA CTRG,TONER,5MiVR,YELLO W 39 22 EA CTRG,TONER,CMR3C,MAGEN TA $ 37.99 $ 835.78 35 19 EA CTRG,TONER,PDVTW,CYAN $ 37.99 $ 721.81 36 20 EA DELL 1110 BLACK TONER $ 49.99 $ 999.80 37 7 EA DELL 1130 BLACK $ 59.99 $ 419.93 38 5 EA CARTRIDG $ 47.41 $ 237.05 39 1 EA DELL 1230C MAGENTA TONER CAR $ 47.41 $ 47.41 4o 1 EA DELL 1230C YELLOW TONER CARTR $ 47.41 $ 47.41 91 1 EA DELL 1230C/1235CN BLACK TONER $ 49.99 $ 49.99 92 2 EA IDELL 1320 BLACK TONER $ 19.99 $ 39.98 93 27 EA DELL 1320 CYAN TONER $ 19.99 $ 539.73 94 25 EA DELL 1320 MAGENTA TONER $ 19.99 $ 499.75 95 26 EA DELL 1320 YELLOW TONER $ 19.99 $ 519.74 45 28 EA DELL 1700 BLACK TONER 6K $ 59.99 $ 1.679.72 97 7 EA DELL 1710 DRUM $ 39.99 $ 279.93 98 5 EA DELL 1710 TONER $ 59.99 $ 299.95 49 20 EA YIELD $ 59.99 $ 1,199.80 50 4 EA DELL 1720 CARTRIDGE $ 59.99 $ 239.96 51 15 EA DRUM $ 39.99 $ 1998, . 52 8 EA DELL 2130CN/2135CN BLACK TONER $ 19.99 $ 159.92 53 2 EA DELL 2130CN/2135CN CYAN TONER $ 19.99 $ 39.98 59 2 EA DELL 2130CN/2135CN MAGENTA TON $ 19.99 $ 39.98 55 2 EA DELL 2130CN/2135CN YELLOW TONR $ 19.99 $ 39.98 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications DELL 2MMJP /113X BLACK 56 2 CA TONER $ 69.99 $ 139.98 57 4 EA IDELL 311OCN CYAN TONER $ 99.99 $ 399.96 58 6 EA DELL 3110CN MAGENTA TONER $ 99.99 $ 599.94 59 6 EA DELL 3110CN/3115CN BLACK TONER $ 99.99 $ 599.94 60 7 EA DELL 3110CN/3115CN YELLOW TON $ 99,99 $ 699.93 61 6 EA DELL 313OCN BLACK TONER CART $ 99.99 $ 599.94 62 3 EA DELL 313OCN CYAN TONER CART $ 99.99 $ 299.97 63 4 EA DELL 3130CN MAGENTA TONER CART $ 99,99 $ 399.96 64 4 EA DELL 313OCN YELLOW TONER CART $ 99,99 $ 399.96 65 3 EA DELL 3330 BLACK $ 196.07 $ 588.21 69 2 EA DELL 4R4G5 BLACK TONER $ 37.99 $ 75.98 DELL 5100 TRANSFER 70 4 EA ROLLER $ 151.96 71 1 EA DRUM $ 180.98 DELL 5110CN BLACK TONER 72 2 EA 18K $ 59.99 $ 119.98 73 12 EA IDELL 511OCN CYAN TONER $ 59.99 $ 719.88 71 10 EA DELL 5110CN MAGENTA TONER $ 59.99 $ 599.90 DELL 5110CN YELLOW 75 8 EA TONER $ 59.99 $ 479.92 DELL 520ON BLACK TONER 76 9 EA 18K $ 881.91 77 9 EA DELL 5210/5310 CARTRIDGE 1,089.09 78 10 EA CARTRID $ 1,005.50 79 25 EA DELL H89YG MAGENTA TONER ! $ 197.75 80 4 EA DELL HD767 ! $ 600.00 81 1 EA CARTRID 5330 $ 159.99 $ 159.99 82 2 EA DELL PD974 BLACK TONER I _ $ 242,02 83 1 EA DELL PK941 BLACK TONER $ 99.99 $ 99.99 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price Sn 2 EA DELL RY855 MAGENTA TONER $ 16.99 $ 33.98 85 3 rq DELL S2500/S2500N BLACK TONER ! $ 375.00 86 1 rA IDELL YPXY8 CYAN TONER $ 37.99 $ 37.99 87 4 rA DRUM BROTHER DR 400 $ 59.99 $ 239.96 88 2 rA EPSON 68 TRI CLR HIGH CAP 3 PK $ 106.82 89 2 rA EPSON 98 BLACK CARTRIDGE $ 20.00 90 1 rA EPSON T048920 MULTI INK 5PK $ 70.52 91 1 rA EPSON T060120 -BCS COLOR 4/PACK $ 73.22 92 1 rA EPSON T060120 -Di 2 PACK BLACK $ 10.00 91 1 1A EPSON T069120 BLACK 2PK INK $ 12.00 91 2 rA JHP 02 BLACK INK $ 9.99 $ 19.98 95 3 rA HP 02 COMBO PACK $ 51.00 96 1 rA HP 02 CYAN INK $ 7.95 $ 7.95 97 3 rA HP 02 MAGENTA INK $ 7.95 $ 23.85 98 3 rA HP 02 YELLOW INK $ 7.95 $ 23.85 99 3 rA HP 10 BLACK CARTRIDGE $ 9.99 $ 29.97 100 6 rA HP 101202610A CARTRIDGE $ 35.99 $ 215.94 101 12 rA HP 11 CYAN CARTRIDGE $ 9,95 $ 119.40 102 6 rA HP 11 MAGENTA CARTRIDGE $ 9.95 $ 59.70 103 6 rA HP 11 PRINTHEAD BLACK $ 234.06 104 4 rA HP 11 PRINTHEAD MAGENTA $ 156.04 105 1 rA HP 11 PRINTHEAD YELLOW $ 39.01 106 1 rA HP 11 YELLOW CARTRIDGE $ 9,95 $ 9,95 107 1 rA HP 1100 C4092A $ 29,99 $ 29,99 108 1 rA HP 124A BLACK TONER $ 59,99 $ 59,99 109 1 rA HP 124A CYAN TONER $ 59.99 $ 59.99 110 1 1A HP 131X BLACK LASERJET TONER CF210A $ 72.11 "I 1 rA HP 21 BL INK 2PK ACK $ 22.80 ll2 1 rA HP 21/21/22122 QUAD PACK $ 45.60 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price tt3 1 1A HP21 /22BLACK /COLOR INK 2PK $ 45.89 ll4 1 r4 JHP 22 TRICOLOR INK $ 19.99 $ 19.99 Ili 2 r4 HP 2600 Black 06000A $ 59,99 $ 119.98 - 8 rA HP2600Cyan06001A $ 59,99 $ 479.92 ll7 5 rA HP 2600 Magenta 06003A $ 59,99 $ 299,95 - 5 rA HP 2600 Yell- 06002A $ 59,99 $ 299,95 ll9 5 rA HP 27 BLACK INK $ 14.99 $ 74.95 t2o 4 1A HP 305A BLACK TONER CE410A $ 69.99 $ 279.96 "1 2 1q HP 305A CYAN TONER CE411A $ 69.99 $ 139.98 122 1 rA HP 305A MAGENTA TONER $ 69.99 $ 69.99 123 2 rA HP 305A YELLOW TONER $ 69.99 $ 139.98 124 2 rA HP 3600 CYAN 06471A $ 89.99 $ 179.98 125 4 rA HP 3600 MAGENTA 06473A $ 89,99 $ 359.96 126 4 rA HP 3600 YELLOW 06472A $ 89,99 $ 359.96 127 4 rA CART. $ 94.99 $ 379.96 128 2 rA HP 4000 C4127X $ 49.99 $ 99.98 129 4 rA HP 4100 C8061 $ 59,99 $ 239.96 130 10 rA HP 45 BLACK INK $ 8,99 $ 89,90 t31 8 rA HP 473006460A BLACK $ 99.99 $ /99.92 132 4 rA HP 4730 0646 1 A CARTRI DGE $ 99.99 $ 399.96 133 4 rA HP 473006462A YELLOW $ 99,99 $ 399.96 134 4 rA HP 473006463A MAGENTA $ 99.99 $ 399.96 135 4 rA HP 54 $ 362.56 136 15 rA HP 54 INK OEM $ 55.60 137 15 rA IIP 5550 Black Ca ,,dge $ 129.99 $ 1,949.85 138 12 rA I IP 5530 Cyan Ca Wdge $ 129.99 $ 1,559.88 139 12 rA IP 5550 Magenta C cadge $ 129.99 $ 1,559.88 140 12 rA IP 5550 Yellow C cadge $ 129.99 $ 1,559.88 141 12 rA HP 56 BLACK INK I $ 11.99 $ 143.88 142 9 rA HP 56/57 COMBO PACK INK $ 198.00 143 1 rA HP 564XL BLACK INK $ 26.74 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 144 2 , HP 564XL BL /564 CMY INK 4PK 85.54 145 4 r4 JHP 57 COLOR INK $ 29.99 $ 119.96 146 6 r4 HP 60 BLACK $ 12.99 $ 77.94 147 6 r4 HP 60 COLOR $ 15.99 $ 95.94 148 6 r4 HP 61 BLACK $ 138.00 149 7 r4 HP61COLOR $ 175.00 li0 7 EA TONER HEWZ3662A $ 801.85 lit 1 rA HP 72 INKJET CART YELLOW $ 96.64 lie 1 rA HP 74 BLACK INK $ 9.99 $ 9.99 153 16 rA HP 74XL BLACK INK 1, ! $ 302.40 154 21 rA HP 75 TRI COLORINK $ 10.99 $ 230.79 155 12 rA HP 75XL TRI COLORINK $ 246.48 lib 20 rA HP 78 PLUS TRICOLOR INK $ 313.60 157 3 rA HP 78 TRI -COLOR INK $ 25.99 $ 77.97 lib 3 rA HP 78A TONER $ 49.99 $ 149.97 159 1 1A HP 80A LASERJET TONER CART BLK $ 108.75 160 3 1q HP 81 BLACK DYE VALUE PACK $ 843.63 161 1 1q HP 81A CYAN CARTRIDGE HEW07581A $ 89.99 $ 89.99 162 1 rA HP 82 BLACK ! $ 107.90 163 2 rA HP 82 CYAN $ 80.78 - 2 rA HP 82 MAGENTA 7 $ 80.78 165 2 rA HP 82 YELL 7 $ 80.78 166 2 rA HP 85A TONER $ 49.99 $ 99.98 167 5 rA HP 88 XL CYAN INK $ 176.70 168 3 rA HP 88 XL YELLOW INK $ 57.63 169 3 rA HP 88XL BLACK INK $ 69.18 170 4 rA HP 88XL MAGENTA INK $ 81.04 171 3 1A HP 90 BLK PRINTHEADS & CLEANER '. $ 514.56 172 7 rA CLEANER ) $ 1,046.50 173 7 rA $ 174 10 rA OMIT $ _ 175 10 rA HP 901 XL BLACK INK $ 200.00 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 176 12 , HP 901 COLOR each Ma enia an "_ $ 24.99 $ 299.88 179 4 r4 JHP 920XL BLACK $ 12.99 $ 51.96 180 10 rA HP 920XL CYAN $ 12.99 $ 129.90 181 10 rA HP 920XL MAGENTA $ 12.99 $ 129.90 182 10 rA HP 920XL YELLOW $ 12.99 $ 129.90 183 10 rA HP 92298A BLACK TONER $ 38.99 $ 389.90 184 4 rA HP 92298X OEM Di-rd -d ., $ 168.32 185 6 rA HP 94/95 COMBO PACK +. $ 276.18 186 4 rA HP 940 COLOR COMBO PACK INK $ 130.64 187 5 rA HP 940 CYAN OFFICEJET INK CART $ 14.99 $ 74.95 188 7 rA HP 940 MAGENTA OFFICEJET INK C $ 14.99 $ 104.93 189 7 rA HP 940 YELL OW OFFICEJET INK CA $ 14.99 $ 104.93 190 7 rA HP 940XL BLKINK $ 16.99 $ 118.93 191 8 rA HP 95 TRICOLOR -INK $ 10.99 $ 87.92 192 11 rA HP 96/97 COMBO PACK $ 783.75 193 4 rA HP 97 TRI -COLOR INK $ 10.99 $ 43.96 199 2 rA HP 98 BLACK INK $ 9.99 $ 19.98 195 3 rA HP 98 BLACK INK 2 PACK $ 76.92 196 4 rA HP C3909A $ 99.99 $ 399.96 197 2 rA HP C3909A BLACK TONER $ 99,99 $ 199,98 198 1 rA HP C4092A $ 34.99 $ 34.99 199 1 rA HP C4182X CARTRIDGE $ 89.99 $ 89.99 200 1 10 1 rA HP C6602A BLACK INK $ 477.50 201 1 rA HP C7115X BLACK TONER $ 36.99 $ 36.99 202 5 rA HP C9704A DRUM CARTRIDGE $ 89.99 1 $ 449.95 203 2 rA HP C9720A $ 79.99 $ 159.98 204 6 rA HP C9721A $ 84.99 $ 509.94 205 6 rA HP C9722A $ 84.99 $ 509.94 206 6 rA HP C9723A $ 84.99 $ 509.94 207 6 rA HP C9730A $ 129.99 $ 779.94 208 5 rA HP C9731A $ 129.99 $ 649.95 209 5 rA HP C9732A $ 129.99 $ 649.95 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION Unit Price Extended Price 210 5 EA HP C9733A $ 129991 649.95 211 5 EA HP CB436A CARTRIDGE $ 49.99 $ 249.95 212 12 EA HP CB540A $ 49.99 $ 599.88 213 6 EA HP CB541A $ 49.99 $ 299.94 214 6 EA HP CB542A $ 49.99 $ 299.94 215 6 EA HP CB543A $ 49.99 $ 299.94 216 6 EA HP CC530A BLACK TONER $ 55.99 $ 335.94 217 20 EA HP CC531A CYAN TONER $ 53.99 $ 1,079.80 - 17 EA HP CC532A YELLOW TONER $ 53.99 $ 917.83 219 16 EA HP CC533A MAGENTA TONER $ 53.99 $ 863.84 220 18 EA HP CE255A $ 69.99 $ 1,259.82 221 7 EA HP CE255A $ 69.99 $ 489.93 222 4 EA HP CE255X $ 79,99 $ 319.96 223 8 EA HP CE270A 3 $ 1,313.83 224 15 EA HP CE271A 1 $ 2,437.50 225 12 EA HP CE272A 1 $ 1,950.00 226 12 EA HP CE273A _ 1 $ 1,950.00 227 12 EA HP CE320A BLACK TONER $ 57,99 $ 695.88 228 35 EA HP CE321A CYAN TONER $ 59.99 $ 2,099.65 229 28 EA HP CE322A YELLOW TONER $ 59.99 $ 1.679.72 230 28 EA HP CE323A MAGENTA TONER $ 59.99 $ 1.679.72 231 27 EA HP CE390A BLACK TONER CARTRIDG $ 99,99 $ 2,699.73 232 2 EA JHP CE410A $ 75.99 $ 151.98 233 4 EA HP CE411A $ 75,99 $ 303.96 234 4 EA HP CE412A $ 75,99 $ 303.96 235 4 EA HP CE413A $ 75,99 $ 303.96 236 4 EA CARTRIDG $ 45.99 $ 183.96 237 8 EA HP CE505X BLACK TONER CARTRIDG $ 59,99 $ 479,92 238 11 EA HP CE740A BLACK TONER $ 129.99 $ 1,429.89 239 3 EA HP CE741A CYAN TONER $ 159.99 $ 479.97 240 2 EA HP CE742A YELLOW TONER $ 159.99 1 $ 319.98 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 241 1 EA HP CE743A MAGENTA TONER $ 159.99 $ 159.99 HP CLR LJ 2550 HIGH YLD 242 1 EA CYAN $ 49.99 $ 49.99 HP CLR LJ 2550 HIGH YLD Lai 1 EA MGNTA $ 49.99 $ 49.99 HP COLOR LASER CB542A 14, 1 EA YELLOW $ 49.99 $ 49.99 HP COLOR LASER CB543A 245 4 EA MAGENTA $ 49.99 $ 199.96 4 HPCOLOR LASERJET Las EA CB540A BLAC $ 49.99 $ 199.96 8 HP COLOR LASERJET 247 Eq CB541A CYAN $ 49.99 $ 399.92 4 HP COLOR LASERJET Lae EA CE260A BLACK $ 99.99 $ 399.96 249 5 EA HP COLOR LASERJET CE261A CYAN $ 129.99 $ 649.95 250 3 EA HP COLOR LASERJET CE262A YELLO $ 129.99 $ 389.97 251 2 EA HP COLOR LASERJET CE263A MAGEN $ 129.99 $ 259.98 252 3 EA HP LASER JET CB436 FAM.PRTCART $ 49.99 $ 149.97 253 2 EA HP LASERJET 64A BLACK TONER $ 99.99 $ 199.98 254 5 EA HP LASERJET 02612A CART $ 34.99 $ 174.95 255 2 EA HP 02612A $ 34.99 $ 69.98 256 12 EA HP 02673A MAGENTA TONER $ 79.99 $ 959.88 257 1 EA HP 03960A BLACK TONER $ 49.99 $ 49.99 258 1 EA HP 03964A DRUM $ 156.2, 259 1 EA HP 05942A $ 89.99 $ 89.99 260 10 EA HP 05942X $ 99.99 $ 999.90 261 12 EA HP 05942XD BLACK TONER $ 199.98 $ 2,399.76 HP 06460A BLACK TONER 262 1 EA CARTRIDG $ 99.99 $ 99.99 HP 06470A BLACK TONER 263 4 EA CARTRIDG $ 89.99 $ 359.96 HP 06471A CYAN TONER 26, 8 EA CARTRIDGE $ 89.99 $ 719.92 7 HP 06472A YELLOW TONER 265 EA CART. $ 89.99 $ 629.93 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY Li DESCRIPTION Unit Price Extended Price 266 6 CA HP 06473A MAGENTA TONER CART. $ 89.99 $ 539.94 267 6 rA JHP 07516A $ 99.99 $ 599.94 268 10 rA HP07551A $ 59.99 $ 599.90 269 8 rA HP07551X $ 69.99 $ 559.92 270 9 rA HP 07553X CARTRIDGE $ 49.99 $ 449.91 271 5 rA C9730A $ 129.99 $ 649.95 272 1 rA LEX 43/44 HI -YLD INK COMBO PK $ 88.48 273 3 rA LEXMARK44 HIGH YIELD BLK INK $ 125.37 271 4 rA JLEXMARK C925 BLACK ! $ 628.00 275 15 rA LEXMARK C925 CYAN 1 $ 3,780.00 276 12 rA LEXMARK C925 MAGENTA ) $ 3,024.00 277 12 rA TONER BOTTLE $ 203.88 278 4 rA LEXMARK C925 YELLOW 1 $ 1,008.00 279 12 rA LEXMARK T640 $ 129.99 $ 1,559.88 280 7 rA LEXMARK T652 $ 225.00 $ 1,575.00 281 5 rA LEXMARK X4975 BLACK $ 749.90 282 2 rA LEXMARK X4975 CYAN . $ 40.00 283 2 rA LEXMARK X4975 MAGENTA $ 40.00 284 2 rA LEXMARK X4975 YELLOW . $ 40.00 285 2 rA OKIDATA 52102001 $ 3.99 $ 7.98 $ 110,005.28 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications NOTE. An ff r was re ,,-d from CPl One Pont however requests for cl— f-tion did t rccc'vc a rc ponsc and wcr unable to be evaluated. EXHIBIT 2 RFP 4 5200 - EVALUATION MATRIX Title: Remanufactured Toner Cartridges Response Date: 4 -2 -2013 @ 2:00 pm Buyer: Rebecca Hunter Respondents: Ranldng I\Ieets All I\Iin Reqs Evaluation Factors = 100% Total Score Probable Performance 51 o Compliance -,with Specs 1510 Delivery 101 o Price 701 o TIC Express 1 Yes 5 °o 13 °o 10 °0 70 °o 98 % EIS Office Solutions 2 Yes 5'o 13'o 10,0 66° o 94% Dream Ranch 3 Yes 5 °o 15 °o 10 °0 43 °o 73 % Technology Integration Group 4 Yes 5'o 15'o 7° o 43° o 70% Enhanced Laser Products 5 Yes 5 °o 15 °o 5 °o 43 °o 68%0 The Tree House 6 Yes 5'o 10,0 5'o 46° o 66% Advantage Supply 7 Yes 5'o 14° o 5'o 40° o 64% Partners Business Products R Yes 5'o 15'o 10,0 30'o 60% SuretvS \stems, Inc. 9 Yes 5 °o 13 °o 5 °o 35 °o 58 % Accurate Forms and Supplies 10 Yes 5% 15% 5% 33% 58 % One Stop Print and Office Supply 11 Yes 5° o 8'0 4° o 38° 0 55% Zpress Business Products 12 Yes 5% 13 °o 3% 34 °o 55 % Ahhollo Office Systems 13 Yes 5° 0 10° 0 0'0 37° o 52% Trolell Communications 14 Yes 5% 13 °o 1 °0 33% 52% Note: An offer -,vas received from CompuData, however, did not respond to clarification requests. Evaluation Team Members: Technology Services - User Support Rater Utilities Administration Technology Services - Repographics EVALUATION CRITERIA A) Indicators of Probable Performance under contract (FACTOR: 5 %) Indicators of probable performance under the contract to include: past vendor performance, financial resources and ability to perform, elperience or demonstrated capability and responsibility, references, and the vendor's ability to provide reliable maintenance agreements and support. B) Delivery Time Frame (FACTOR: 10 %). The delivery time frame for goods after receipt of order (_a.R.0) D) Compliance with Specifications, Quality, Reliability, Characteristics to Compliance -,with the stated specification(s), coupled with the quality and reliability of the goods and services, such as fitness for use that meets or elceeds customers elpectations, and the characteristics of the product or service that bear on its ability to meet the stated implied needs. D) Price, Total Cost of Ownership (FACTOR: 70 %) The price of the items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. 9/26/20134:42 PM 1 3 -BU -RFP 5200.xisExhibit 2 RFP Evaluation Matrix CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND SUPPLY OF REMANUFACTURED TONER CARTRIDGES (RFP 5200 ) THIS CONTRACT is made and entered into this day of A.D., 20_, by and between TIC Express LLC, whose address is 320 International Parkway, Arlington, TX 76011, 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„ #µS200 _SUPPLY OF I� FM NtJml �TUIt l TONER CAR [ 1�.11it 1"s, a copy of which is on file 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 file, and incorporated herein by reference: (a) City of Denton's RFP 5200 (on file at the office of the Purchasing Agent) (b) Standard Terms and Conditions (Exhibit "A ") (c) Special Terms and Conditions (Exhibit "B ") (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C ") (e) Supplier's Proposal. (Exhibit "D "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." RFP 5200 Page 1 of 19 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 M APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY rol" TIC BY: Title: tre'l", 'i� ................... PHONE NUMBER a2 S& FAX NUMBER CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER Date: RFP 5200 Page 2 of 19 Exhibit A Citv 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 solicitation are applicable to Contracts /Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the 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 Supplier'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. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to purchase Services to be performed principally at the City's premises or on public rights -of -way. 1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier'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. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier 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 Supplier'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 Supplier 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 Supplier is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Supplier'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 Supplier's, or the Supplier's Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. RFP 5200 Page 3 of 19 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 Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier 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 Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier 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 Supplier's obligations under the contract. The Supplier 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. 10. WORKFORCE A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Supplier, 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 Supplier that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Supplier 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 Supplier 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 Supplier, 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 Supplier 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 Supplier's obligations under this paragraph. Environmental Protection: The supplier 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 Supplier 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 RFP 5200 Page 4 of 19 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 Supplier'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 Supplier'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 Supplier shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Supplier 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 Supplier to such extent as may be necessary on account of: i. delivery of defective or non - conforming deliverables by the Supplier; ii. third party claims, which are not covered by the insurance which the Supplier is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or suppliers, which is not covered by insurance required to be provided by the Supplier; v. reasonable evidence that the Supplier's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi, failure of the Supplier to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii, failure of the Supplier 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 Supplier 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 Supplier. The City shall provide the Supplier 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 Supplier, unless otherwise stated in the contract terms. 15. FINAL PAYMENT AND CLOSE -OUT; RFP 5200 Page 5 of 19 A. If a DBE /MBE /WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier 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 Supplier 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 Supplier, 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 Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplier'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 Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier identified Subcontractors in a DBE /MBE /WBE agreed to Plan, the Supplier shall comply with all requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in the Supplier's Plan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Supplier 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 Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier 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 Supplier. 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 Supplier in sufficient time to enable the Supplier 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 Supplier, 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 Supplier is required to indemnify the City. RFP 5200 Page 6 of 19 C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Supplier is responsible for the Supplier'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 Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY- PRICE: A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. B. The Supplier 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 Supplier, or otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Supplier 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 Supplier shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Supplier 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 Supplier, 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 Supplier 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 Supplier 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 Supplier. The City shall endeavor to give the Supplier 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 Supplier 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 Supplier, and purchase conforming deliverables from other sources. In such event, the Supplier 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 Supplier is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Supplier 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 Supplier 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 Supplier 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 Supplier 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. RFP 5200 Page 7 of 19 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 Supplier 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 Supplier. The City shall endeavor to give the Supplier 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. C. If the Supplier 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 Supplier, and purchase conforming services from other sources. In such event, the Supplier 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 Supplier 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 Supplier. 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 Supplier 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 Supplier will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (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 Supplier's Offer, or in any report or deliverable required to be submitted by the Supplier to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Supplier, 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 Supplier, 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 Supplier'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 Supplier, the City may remove the Supplier from the City's vendor list for three (3) years and any Offer submitted by the Supplier may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Supplier 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 Supplier, 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 Supplier on any Offer or in any report or deliverable required to be submitted by the Supplier to the City shall be grounds for the termination of the Contract for cause by the City and RFP 5200 Page 8 of 19 may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Supplier 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 Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute an amendment to the Contract. The Supplier 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 Supplier 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 Supplier, 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 Supplier, the Supplier'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 SUPPLIER SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE SUPPLIER, OR THE SUPPLIER'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE SUPPLIER (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 the solicitation document. 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 Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier hereunder and shall not be construed to be a limitation of liability on the part of the Supplier. iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the RFP 5200 Page 9 of 19 subcontractors commencing work on the project. v. The Supplier'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 901E Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Supplier 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 Supplier. xi. The Supplier 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 Supplier 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 Supplier 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 Supplier. 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 Supplier which arises under or concerns the Contract, or which could have a material adverse affect on the Supplier's ability to perform thereunder, the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Supplier. 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 Supplier shall be sent to the address specified in the Supplier's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. RFP 5200 Page 10 of 19 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplier 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 Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplier 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 Supplier does not know of any valid basis for any such claims. The Supplier 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 Supplier's breach of any of Supplier'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, Supplier agrees that the City's specifications regarding the deliverables shall in no way diminish Supplier'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 Supplier. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Supplier 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 "). Supplier 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 Supplier (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 Supplier promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Supplier 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 Supplier agrees that upon their creation, such deliverables shall be considered as work made -for -hire by the Supplier 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 Supplier 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 Supplier 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. RFP 5200 Page 11 of 19 C. Additional Assignments. The Supplier 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 Supplier'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 Supplier 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 Supplier 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 Supplier 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 Supplier for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Supplier, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the Supplier 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 Supplier 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 Supplier shall render the Contract voidable by the City. The Supplier shall complete and submit the City's Conflict of Interest Questionnaire (Attachment B). 44. INDEPENDENT SUPPLIER: The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The Supplier's services shall be those of an independent supplier. The Supplier 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 Supplier or any employee of the Supplier, and it is expressly understood that Supplier 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. 45. ASSIGNMENT - DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Supplier 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 Supplier without the prior written consent of the City. Any attempted assignment or delegation by the Supplier 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 RFP 5200 Page 12 of 19 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 the Supplier 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 Supplier 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 Supplier 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 Supplier will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the 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 RFP 5200 Page 13 of 19 provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON - SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub - awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non - Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, 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, in addition to the specific federally funded requirements. 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 Supplier, 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 Supplier, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or RFP 5200 Page 14 of 19 (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Supplier 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 solicitation, 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 supplier or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the supplier. 59. PREVAILING WAGE RATES: All suppliers will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. htLp://www.access.gpo.gov/davisbacon/tx,htni1 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 Supplier 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 Supplier 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: Supplier 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. Supplier is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Supplier's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The supplier 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 supplier shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable for all damages to government - owned, leased, or occupied property and equipment caused by the Supplier and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any RFP 5200 Page 15 of 19 performance pursuant to the Contract. The Supplier 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 Supplier 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 Supplier will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Supplier 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 Supplier 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 Supplier 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 Supplier 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. RFP 5200 Page 16 of 19 Exhibit B Special Terms and Conditions The Quantities indicated on Exhibit D 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. 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 dentonpurchasing _2cityofdenton.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. 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. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one -year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Price Escalation and De- escalation The City will implement an escalation/de- escalation price adjustment annually. The escalation/de- escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the annually percentage change in the manufacturer's price list. The price adjustment will be determined quarterly from the award date. Should the change exceed or decrease a minimum threshold value of +/ -1 %, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment annually in writing. If no request is made, then it will be assumed that the bid price will be in effect. The supplier must submit or make available the manufacturers pricing sheet used to calculate the bid nronosal. to narticinate in the escalation /de- escalation clause. Total Contract Amount The contract total shall not exceed $300,000. Pricing shall be per Exhibit D attached. RFP 5200 Page 17 of 19 Delivery Lead Time Product or services shall be delivered to the City per the days /weeks noted in Exhibit D after receipt of the order. Training Supplier agrees to provide department training upon request for implementation of contract. RFP 5200 Page 18 of 19 EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entitv This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a USE ONLY pate person who has a business relationship as defined by Section 176.001(1 -a) with a local governmental Received entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? E] Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes F-1 No D. Describe each affiliation or business relationship. _.Signs tu..._ Da... �...... _......�..� . ...�._._.m..... re of person doing business with the governmental to entity RFP 5200 Page 19 of 19 Exhibit D Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal P'rici'ng (FOB DESTINATION); Item # esr.aNNUAL ! Product Description REMANUFACTURED Unit Remanufactured OEM Unit Delivery ARID O.TV UOM Price Yield Price OEM Yield Extended Price (Days) 1 1..... ..._.��.�.. EA :BROTHER 61 BLACK INK � ..�............�� 1.80 500 ......� 523.75 .�.. 500 ....���..�. S 180 1 _.Z.M 10 EA _ ...... BROTHER 51 CYAN INK .. ......... $ 1.80 400 .......�23. $14.95 400 $ 18.00 .. 1 EA BROTHER 51 MAGENTA INK $ 1.80 400 $14.95 400 $ 12.60 1 4 7 EA BROTHER 51 MULTICOLOR INK 3PK S 4.95 1,200 $38.95 1.200 $ 34.65 � ... 1 .�.1 5 3 .... EA BROTHER 51 YELLOW INK $ .��.. 1.80 400 $14 „95 400 S 5 40 1 6 7 EA BROTHER DR200 DRUM $ 23.95 20,000 5180.04 20,000 $ 167.65 1 7 1 EA BROTHER DR500 $ 19.95 _�... 20,000 $157.27 20,000 $ 19.95 1 8 1 EA BROTHER DR510 $ 19.95 20,000 $154.82 20.000 S 19.95 1 9 3 EA BROTHER LC75 BLACK $ 1.95 600 $22.99 600 $ 5.85 1 10 3 EA BROTHER LC75 CYAN $ 1.95 600 600 $ 5.85 1 11 2 EA BROTHER LC75 MAGENTA $ 1.95 600 600 $ 3.90 1 .. 12 2 EA BROTHER LC75 YELLOW $ 1.95 600 1$63.99 600 $ 3.90 13 2 EA BROTHER PC -201 BLACK INK $ 11.95 450 450 $ 23.90 1 14 ........ 3 EA BROTHER TN -250 BLACK TONER $ 4.95 2,200 2,200 S 14 85 1 15 1 EA BROTHER TN -350 BLACK TONER $ 22.00 2,500 2,500 _.. „.. $ 22.00 1 .......... 16 1 EA BROTHER TN360 TONER CARTRID HY $ 22.00 2,600 $60.52 2,600 $ 22.00 : 1 17 ...1.....,�.,m.. EA ..............�.�.. BROTHER TN450 HY BLACK TONER ... �........ $ 16.10 2,600 557.95 2,600 $ 16.10 1 18 3 ....w EA BROTHER TN -460 BLACK TONER $ 16.75 6,000 878.95 ! 6,000 $ 50 25 1 1 19 3 EA BROTHER TN- 5000PF BLACK TONER $ 5.95 2,200 $39.951 2,200 $ 17 85 1 20 2 TN560 $ 18.95 6,500 $90 35 6,500 $ 37.90 1 1 21 2 BROTHER TN570 $ 18.95 6,700 $90 88 6,700 $ 37.90 1 22 5 BROTHER TN620 TONER $ 18.95 3,000 $62.19 3,000 5 94.75 1 23 2 jEABROTHER CANON 104 BLACK TONER $ 18.95 2,000 $75.99 2,000 $ 37.90 1 24 3 CANON BCI -152PK COLOR $ 4.20 '.. 260 $16.00 260 S 12 60 1 25 1 CANON BCI -15 BLK INK CART 2PK $ 3.95 2,000 $16 75 2,000 _ ..... $ 3.95 1 26 2 EA BCI -16 COLOR INK 2PK CANON 4.95., $ 4.95 560 $24.99 560 $ 9.90 1 27 2 EA CANON CLI -6 MULTICOLOR INK 4PK $ 8.25 1,120 $51.50 1,120 $ 16.50 1 28 1 EA CANON 835 $ 15.95 3,500 $126.75 3,500 $ 15.95 1 .. 29 Z. EA .... CRTDG,HP LJ4600 BK ...,.. _ 38.SOIT... 9,000 $174.91 ........ 0 9,000 $ 77.00 A EA _... .....�� 8,000 $ 38.50 _.... 1 " "" 301 1 EA CRTDG,HP LJ4600,MAN .. $ 38.50 .. $234.14 ...„ 8,000 $ 38 50 1 32 1 EA CRTDG,HP LJ4600,YW $ 38.50 8,000 ...�... $234.14 8,000 $ 38.50 1 33 _ 1 EA CTRG,TONER,5MI VR,YELLOW ... . "$ 13.50 1,400 $79.99 1,400 00 $ 13.50 1 _.. 34 22 EA C7RG,TONER µCMR3C MAGENTA $ 13.50 1,400 $42.99 1,400 $ 29700 35 10 EA CTRG.TONER,PDVTW,CYAN $ 13.50 1,400 $42.99 1,400 S 256.50 1 36 20 _ EA DELL 1110 BLACK TONER $ 18.00 2,000 $65.99 2,000 $ 360.00 1 37 7 EA DELL 1130 BLACK $ 33.00 2,500 $85.99 2,500 $ 231.00 1 38 5 EA DELL 12300 CYAN TONER CARTRIDG $ 29.95 1,000 $55.99 1,000 S 149.75 1 39 1 EA DELL 12300 MAGENTA TONER CARTR $ 29.95 1,000 S49.991 1,000 $ 29.95 1 40 1 EA DELL 1230C YELLOW TONER CARTR $ 29.95 1,000 $49.991 1,000 $ 29.95 1 41 1 EA DELL 123oC/1235CN BLACK TONER $ 29.95 1,500 $49.991 1,500 $ 29.95 1 42 2 EA DELL 1320 BLACK TONER $ X6.75 2,000 $45.99 ,1„ 2,000 - ..- $ 13.50 .......... _. .... _. .... __ 1 43 27 EA DELL 1320 CYAN TONER $ 6.75 2,000 $63.99 2,000 S 182.25 1 qq 25 EA DELL 1320 MAGENTA TONER $ 6.75 2,000 ...wawa $63.99 2,000 $ 168.75 1 - 45 26 EA 1DELL 1320 YELLOW TONER S 6.75 ..�. 2,000 563.99 2,000 $ 175.50 1 46 26 EA B DELL 1700 LACK TONER 6K 8 19.95 $ 6,000 $120.99 _ „ 6,000 $ 558.60 1 47 .0 7 ..... EA mmIT " " "" (DELL 1710 DRUM .. $ 25 25 30,000 $47.99 30,000 $ 176.75 1 48 5 DELL 1710 TONER $ 19.95.., G 6,000.. $120.99 6,000 $ 99.75 1 „m�mm49 20 EA i DELL 1720 BLACK TONER HI YIELD �Tmm_ $ 19.95 " „ "" 6,000 $117.99 6,000 S 399.00 1 4 EA DELL 1720 CARTRIDGE $ 19.95 6,000 $117.99 6,000 S 79.80 1 51 15 EA DELL 1720/172ON IMAGING DRUM $ 23.85 30,000 $47.99 ..... 30,000 S 357.75 1 _ 52 - a ,.....__ ........ EA .....m.. .......... DELL 2130CN/2135CN BLACK TONER - - -. ..........,..,_ $ 8.95 ._ 2,500 $70.99 2,500 $ 7160 1 - 53 2 EA ................._... ......_.. DEL . 8.95 „$97.99 2,500 ... $ 17.90 1 54 2 EA DELL 2130CNI2135CN MAGENTA TON $ 8.95 2,500 $97.99 1500 $ 17.90 1 55 2 EA DELL 2130CN/2135CN YELLOW TONR $ 8.95 2,500 $97.99 24500 S 17.90 1 56....., 2 EA DELL 2MMJPI113X BLACK TONER $ 28.75 ..„....., 2.500 �.....,., ._.. „.�. $85.99 ...„,. 2;.500 S 57.50 1 57...,.. _ 4 EA DELL . ........._ . .............. 3110CN CYAN TONER .. -_.,. $ 58.50 8.000 $123.99 8;000 S 234.00 1 ._... 58 EA EN TA TONER DELL 3110CN MAGENTA $ 58 50 8.000 $123.99 8. 000 S 351.00 1 59 .6 ... 6 EA DELL 3110CN/MAGEN TONER $ 58 50 8,000 $81.99 8 000 $ 351.00 1 60 7 EA _ DELL 3110CN/3115CN YELLOW TON $ 58.50 �,...._- 8,000 $123.99 8,000 S 409.50 1 61 s EA DELL 313oCN BLACK TONER CART _ $ 63.50 .... 9,000 $138.99 9,mm000 $ 381.00 16 Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal Pricing (FOB DESTINA`CiON): Item # Product Description REMANUFACTURED Unit Remanufactured OEM Unit Delivery ARID �A.INUAI Y UOM Price Yield Price OEM Yield Extended Price (Days) 62 EA IDELL 3130CN CYAN TONER CART $ 63.50 9,000 _ __._S252.99 9,000 $ 190.50 50 1 63 4 EA DELL 313OCN MAGENTA TONER CART $ 63.50 9,000 $25_2.99 9,000 $ 254.00 1. 64 4 . .. EA DELL 313OCN YELLOW TONER CART .........._._. .. $ 63.50 9,000 $252.99 9.000 ............. $ 254.00 1 .. 65 3 EA DELL 3330 BLACK _ $ 54.95 _.._.... 7,000 $210.00 7.000 $ 164.85 1 66 2 EA DELL 3330 CYAN $ 54.95 7,000 $210.00 7,000 5 109.90 1 67 2 EA DELL 3330 MAGENTA $ 54.95 7,000 ....... $210.00 7,000 $ 109.90 1 68 2 EA DELL 3330 YELLOW $ 54.95 7,000 $210.00 7,000 $ 109.90 1 69 2 EA .. .................. DELL 4R4G5 BLACK TONER $ 19.95 .__.... 2,000 $65.99... 2,000 .0 $ 39.90 1 70 4 EA DELL 5100 TRANSFER ROLLER $ 37.99 35,000 $106.99 35.000 $ 151.96 _ ........._ 1.9 71 1 EA DELL 5100/5116CN IMAGING DRUM 5 84.95 35,000 $165.99 354000 $ 84.95 1 72 2 EA DELL 511OCN BLACK TONER 1BK $ 30.99 10,000 $58.99 10,000 $ 61.98 1 73 12 EA DELL 5110CN CYAN TONER $ 29.50 8,000 $183.99 8,000 74 10 EA DELL 511oCN MAGENTA TONER $ 29.50 8.000 $183;99 8,000 $ 295 00 1 75 a EA DELL 511OCN YELLOW TONER $ 29.50 8,000 $183.99'' 8,000 ...... $ 236.00 1 76 9 .. EA . . ... DELL 520ON BLACK TONER 18K $ 38.95 18,000 $231.99 18,000 w $ 350,55 mmmmmmmmITIT 1 77 9 EA DELL 5210/5310 CARTRIDGE $ ........_ 38.95 21 000 $231.99 21,000 $ 350.55 1 78 10 EA DELL DV16F BLACK TONER CARTRID $ 13.50 2,000 $54.99 2,000 $ 135.00 1 79 25 EA DELL H69YG MAGENTA TONER $ 13.50 1,400 $64.99 1,400 5 337.50 1 80 4 EA DELL HD767 $ 38.95 21,000 $23199 21,000 $ 155.80 1. 81 1 EA DELL NY313 BLACK TONER CARTRID $ 71.65 20,000 $205.99 20.000 $ 71.65. 1 82 2 EA DELL PD974 BLACK TONER $ 38.95 21,000 $231.99 21,000 _ $ 77.90 1 1.. g3 1 EA DELL PK941 BLACK TONER _ ...... $ 50.00 6,000 .._ .. _3.9 $113.99 6,000 5 50 00 1 84 2 �. EA DELL RY855 MAGENTA TONER ._. $ 12.25 2,000 $66.99 2,000 - ...... $ 24.50 1 85 -.. 3 EA DELL 52500IS250ON BLACK TONER $ �. 59.99 10 000 $160 99 10,000 _ 179.97 $ 17 1 .._ 86 .. 1 EA ...___ DELL YPXYB CYAN TONER $ 13.99 1,400 ......... $64.99 � ........ 1,400 $ 13.99 ...95.804. 1 87 ....... 4 EA .... DRUM BROTHER DR 400 $ ....� 23.95 20,000 $136.99 20,000 $ 1 88 2 EA EPSON 68 TRI CLR HIGH CAP 3 PK $ 14.98 1,050 $50.99 S,OSO $ 29.96 1 89 2 EA EPSON 98 BLACK CARTRIDGE $ 6.25 ITITmmmIT 545 $18.991 45 5 12.50 1 .... ..........._ 90 1 .... EA EPSON T048920 MULTI INK 5PK $ 18.50 2,150 ....... $69.991 2,150 $ 18.50 1 .. 91 _. 1 ....� EA .......� EPSON T060120 -BCS COLOR 4 /PACK .... $ 12.50 1,600 ITITm�� $62.49 1,600 $ 12.50 1 92 1 EA EPSON T060120 -D1 2 PACK BLACK _ $ 6.00 - 900 541.491, ,- - _ _ - - - -- 900 $ 6.00 1 93 1 EA . ......... EPSON T069120 BLACK 2PK INK $ 6.00 ........ .. 900 $41.49 900 $ 6.00 1 94 2 EA HP 02 BLACK INK $ 3.90 660 $21.99 660 $ 7.80 1 95 3 EA HP 02 COMBO PACK $ 7.80 1,320 $39.99 1,320 $ 23.40 _ . 1 _�� _ 96 1 EA ..............._ HP 02 CYAN INK _ $ 3.90 400 $11.99 I, 400 $ 3 90 1 97 mmmmmITIT� 3 EA ....... HP 02 MAGENTA INK $ 3.90 370 $11.99 370 $ 11.70 1 98 3 EA HP 02 YELLOW INK $ 3.90 490 $11.991, 190. $ 11,70 IT� 1 99 _. .3 EA HP 10 BLACK CARTRIDGE $ ITITIT 3.90 11.70 1 100 IT GE 15 mm$ _ Z EA .__ HP 11 CYAN CARTRIDGE $., . 50 1.050 .$41.99 A 1,050 66.00 1 102 6 EA HP 11 MAGENTA CARTRIDGE $ 5.50 1,750 $41.99 1,750 $ 33.00 1 103 6 EA HP 11 PRINTHEAD BLACK $ 29.95 16,000 $41.99 16,000 $ 179.70 1 EA MAGENTA $ 29.95 24,000 $41.99 24,000 $ 119.80 _W..... 1 105 .._ 4 WWWWWWWWW _E 'A H 1 P,RI NTHEAD _P1 YELLOW 5 29.95 .._ 24,000 $41.99 24,000 $ 29.95 1 WWWWWWWW .... C HP 1 -YELLOW CARTRIDGE ......�,�,_. - ....... $4199 1,750 mm $ 5.50 1 _.. 107 .... EA HP 1100 C4092A ....._ ..... $ 12.95 ..................,. 2,500 $73 99 2,500,,, $ 12.95 1 108 1 EA HP 124A BLACK TONER WW ITIT $ 27.50 2,500 $81.99 2,500 $ 27.50 1 mmW109 .. 1 EA HP 124A CYAN TONER $ 27.50 .� 2,000 $81.99 mm 2,000 $ 27.50 1 110 1 EA HP 131X BLACK LASERJET TONER $ 38.50 ........... 2,400 $83.99 2,400 �.... ..� $ 38.50 1 111 1 EA HP 21 BLACK INK 2PK $ 12.70 ....... 190 $28.99 190 $ 12.70 1 112 .... 1 EA HP 21/21/22122 QUAD PACK $ 40.50 .w 710 $65.99 710 $ 40.50 1 ww_ 113 1 EA HP 21/22 BLACK/COLOR INK 2PK $ 20.10 355 $34.99 355 $ 20.10 1 114 ..m..„ 1 .. _ EA . .... HP 22 TRICOLOR INK mmIT. $ 133.75 165 $2199 165 $ 13.75 1 115 2 EA HP 2600 Black Q6000A $ 27.50 2,500 $81.99 $81.99 2,500 $ 55.00. 1 116 B . EA HP 2600 Cyan 06001A $ 27.50 2,000 _....... _ $81 99 ....... 2,000 $ 220.00 1 11 . 7 117 5 EA HP 2600 Magenta g6003A $ 27.50 2,000 $81.99 2,000 $ 137.50 1 118.. 5 EA HP 2600 Yellow 06002A $,mmmm 27,50 2,000 $81.99 2,000 $ 137.50 1 119 .. mmIT 5 - EA HP 27 BLACK INK $ 6.55 280 $39.99 280 $ 3235 ........ 1 120 4 EA _K. T . . ........... HP 305A BLACK TONER _ .._.�. .,...... $ 28.50 2,200 _..._.........�,. $80.99 _.. 2.200 5 114 00 _ 1 _...... ..... _. 121 _ 2 EA HP 305A CYAN TONER $ 28.50 2,600 $80 99 2;600 $ 57.00 1 122 1 EA HP 305A MAGENTA TONER 28.50 2,600 $80.99 2,600 $ 28.50 1 123 2 EA _...... HP 305A YELLOW TONER $ 28.50 2,600 $80 99 2,600 $ 57.00 1 124 2 EA HP 3600 CYAN 06471A _ $ _ 38.75 4,000 $135.48 4 000 .,...... $ 77.50.. 1 125 4 EA ........ ......_ HP 3600 MAGENTA Q6473A $ 38 75 ...... 4,000 .w...._...��.. $135.48 4,000 $ 155.00 _ _... 1 Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal Pricing (FOB DESTIN VON): Item # 'EST.ANNUAL Product Description REMANUFAMMED Unit Remanufactured OEM Unit Delivery ARO CITY UOM Price Yield Price OEM Yield Extended Price (Days) _....... 126 4 EA .._........ ._.... ..... HP 3600 YELLOW 06472A $ 38.75 4,000 $135.48 4,000 $ 155.00 1 127 4 EA HP 38A (Q1338D) TONER CART $ 25.95 12,000 $153.90 12.000 S 103.80 1 128 2 EA ........ .. ......_ .. HP 4000 C4127X $ 17.95 10,000 $148.00 10.000 S 35.90 1 129 4 EA IHP 4100 c6061X 1 10 $00 10,000 $ 75 80 1 130 10 EA HP 45 BLACK INK $ 5.00 930 $35.79 ! 930 $ 50.00 1 131 8 1 EA 'HP 4730 06460A BLACK $ 48.50 12,000 $143.80 12,000 $ 388.00 1 �..1 ... .. 132 4 EA '.HP 4730 06461A CARTRIDGE $ 48.50 12,000 $294.31 12,000. $.... 194.00 133 4 EA HP 4730 06462A YELLOW $ 48.50 12,000 $294.31 12,000 $ 194.00 1 134 4 EA HP 4730 06463A MAGENTA $ 48.50 12,000 $294.31 12,000 ,......_......_.�.. $ 194.00 1 135 4 HP 54 $ 9.95 9.9 600 $36.99 600 $ 39.80 1 �., 136 15 EA HP 54 INK OEM $ 9.95 600 $36.99 600 ................ S 149.25 1 . 137 15 EA ._ HP 5550 BLACK CARTRIDGE $ 60.50 13,000 $238.00 13,000 $ 90T50 1 - 138 ......... 12 EA HP 5550 CYAN CARTRIDGE �.... S 60.50 12,000 $328.99 12,000 $726.00 1 39 12 EA HP 5550 MAGENTA CARTRIDGE $ 60.50 12,000 $328.99 _ 12,000 �....... $ 726.00 1 140 ....... 12 EA ...._.w. HP 5550 YELLOW CARTRIDGE 5 60.50 12,000 5328.99 12,000 $ 726.00 1 141 12 EA HP 56 BLACK INK 6.35 520 S25.99 µµWW 520 $ 76.20 1 142 -...9 ........EA .... , 7 COMBO PACK -INK HP 56/5 - .s ............. $ 20.05 .,.�.._ ........� 920 $63 99µ 920 ..._.. $ 180.45 1 143 1 EA HP 564XL BLACK INK $ 6.75 250 $22.99 250 1 S 6.75 1 144mm 2 EA IHP 564XL BLK/564 CMY INK 4PK $ 27 00 '� 2,350 $49.99 _. 2,350 $ 54.00 1 a._.� 145 ............... 4 � EA HP 57 COLOR INK S 13.75 I_ ... 400 $ 55.00 1 146 6 EA ••••• HP 60 BLACK 10.50 � 200 $14 99 _.... 200 $ 63.00 1 147 6 EA HP 60 COLOR $ 11.50 165 $19.99 165 $ 69.00 1 148 6 EA HP 61 BLACK $ 14.00 480 $14.99 480 $ 84.00 . 1 149 7 EA HP 61 COLOR _ $ 15.75 330 $19.991, 330 $ HE i5 i55 1 I 150 7 EA IHP 62A YELLOW HIGH YIELD TONER HEWZ3662A $ 23.50 4,000 $106.25 4,000 $ 164.50 1 151 1 EA HP 72 INKJET CART YELLOW $ 48.95 130 ML $71.99 130 ML $ 48.95 1 152 1 EA iHP 74 BLACK INK $ 5.85 200 $15.99 200 $ 5.85 1 153 16 EA HP 74XL BLACK INK $ 6.85 750 $15.99 750 $ 109.60 1 154 21 EA HP 75 TRICOLOR INK S 6.15 170 $20.99 170 1 $ 129.15 1 155 12 EA HP 75XL TRICOLOR INK $ 7.50 520 $44.99 520 $ 90.00 1 156 20 EA HP 78 PLUS TRICOLOR INK $ 13.00 450 $49.99 450 $ 260.00 1 157 3 EA HP 78 TRI -COLOR INK 13.00 450 $66.99 450 S 39.00 1 158 3 EA _ HP 78A TONER $ 12.95 2,100 $74.99 2,100 $ 38.85 1 159 1 EA HP 80A LASERJET TONER CART BLK $ 22.85 2,700 $99.99 2,700 $ 22.85 1 160 3 EA HP 81 BLACK DYE VALUE PACK $ 49.95 1,000m mmm $699.95 1,000 00 $ 149.85 1 161 1 EA HP 81A CYAN CARTRIDGE HEWQ7581A $ 39.50 6,000 $171.99 6,000 $ 39.50 1 162 1 EA HP 82 BLACK S 1635 169ML $43.99 69ML $ 16.75 1 163 2 EA ...... HP 82 CYAN S_....... 14.75 69ML S43.99...� 69ML $ 29.50 1 164 2 HP 62 MAGENTA $ 14.75 69ML $43.99 69ML $ 29.50 1 165 2 HP B2 YELLOW $ 10..75 69ML $43.99 69ML $ 29.50 .. - - - - -- - 1 -.. 166 2 _ HP 85A TONER $ 12.50 1,600 $68 99 1,600 $ 25.00 1 _...._ S F ......... HP B8 XL CYAN INK $ 4.50 2,400 $27 99 2,400 $ 22.50 1 168 3 HP B8 XL YELLOW INK $ 4.50 1,700 $27.99 1,700 $ 13.50 1 169 3 HP 88XL BLACK INK $ 4.50 1,700 $27.99 1 700 $ 13.50 1 170 4 HP 8BXL MAGENTA INK $ 4.50 .... ._.,, .. 1,700 $27.99 ........_� 1,700 S 18.00 ....... . - �-- ......- 1 171 3. _..EA HP 90•BLK P .�.��...._. RINTHEADS &CLEANER $ 137.95 PRINTHEAD 5174.99 PRINTHEAD $ 413.85 '.. 1 172 7 EA HP 90 CLRPRINTHEADS &CLEANER $ 137.95 PRINTHEAD $174.99 PRINTHEAD $ 965.65 1 173 _ 7 EA ;OMIT OMIT 174 10 EA (OMIT OMIT 175 10 EA HP 901 XL BLACK INK $ 11.85 700 $15.99 700 $ 118.50 1 176 12 EA HP 901 COLOR $ 14.25 • ... 360 $29.99 360 $ 171.00 • 1 177 10 EA HP 920 BLACK OFFICEJET INK CAR ........... $ 8.25 420 $31.99 420 420 S 82.50 S 1 178 4 EA HP 920 COMBO PACK INK $ 14.95 1,900 $27.99 1,900 S 59.80 . 1 179 4 EA HP 920XL BLACK $ 8.25 1,200 $31.99 . 1,200 5 33.00 1 180 10 EA YAN HP 920XL CYAN ._.� 6.70 _.. _.. 700 $14.99 700 ........�........�. $ 67.00 1 g1 182 __. 10 EA HP 920XL MAGENTA ...._ 6.70 $1499 700 $ 67.00 1 1 10... ����_ EA ITITITITIT HP 920XL YELLOW ...._.......... S.,_,_. •• 6.70 .....,,., ..,...._. 700 $14 99 .... 700 $ 67.00 1 183 10 EA HP 92296A BLACK TONER $ 12.25 6,800 $130.95 6,800 $ 122.50 1 184 4 EA HP 92296X $ 13.25 8,800 $130.95 8,800 S 53.00 1 185 6 EA HP 94/95 COMBO PACK $ 9.95 710 $52.99 710 S 59.70 ___ ........m.m 1 186 4.... ..._ EA HP 940 COLOR COMBO PACK INK $ 24.50 4,200 ....W_....... $59.95 4,200 ....._ S 98.00 ....,.........� 1 187 .._..�.......... 5 EA - ............. ........�. HP 940 CYAN OFFICEJET INK CART ........ $ 8.00 1,400 $20.991 1,400 S 40.00 ..... 1 188 7 EA HP 940 MAGENTA OFFICEJET INK C $ 8.00 1,400 $20.99 1,400 $ 56.00 _ 1 189 7 EA HP 940 YELLOW OFFICEJET INK CA $ 8.00 1,400 $20.99 1,400 $ 56.00 1mm ........ Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal Pr clrig (FOB DESTINA,rm)N Item # EST. ANNUAL Product Description REMANU FACTORED Unit Remanufactured OEM Unit De w Delivery ARID 4ry UOM Price Yield Price OEM Yield Extended Price (Days) ...� 190 7 EA HP 940XL BLK INK .... $ 8.00 2,200 $26.99' 2,200 S 56.00 1 191 6 EA HP 95 TRICOLOR -INK ........ $ 5.15 450 .. $25.99 450 $ 41.20 1 192 _.a... 19 EA HP 96/97 COMBO PACK $ 9.75 ..... 1,420 $73.99 1 1,420 , 420 S 107.25 1 93 4 EA HP 97 TRI -COLOR INK $ 4.90 560 $43.99 560 ..��_.. 5 19.60 1 .....�.. 194 _ 2 EA HP 96 BLACK INK '.. S 4.80 420 $25.99 420 $ 9.60 1 195 3 EA HP 98 BLACK INK 2 PACK $ 9.60 840 S46.99 840 $ 28.80 1 196_ 4 EA HP C3909A S 27.95m 15,000 $229.95 15.000 S 111.80 1 197 2 EA HIP C3909A BLACK TONER $ 27.95 15,000', $229.95 ..... 15,000 .. $ 55,90 1 198 1 EA HP C4092A $�IT 12.95 ... 2,500 $74.99 2,500 $ 12.95 1 199 1 EA HP C4182X CARTRIDGE $ 34.25 20,000 $212.95 20,000 S 34.25 1 200 10 EA HP C6602A BLACK INK $ 9.95 700,000 $19.79 700,000 S 99.50 1 201 1 EA HP c7195X BLACK TONER $ 13.25 3,500 - $84 61 3,500 $ 13 25 1 202 5 EA ...... HP C9704A DRUM CARTRIDGE $ 38.50 20,000 $191.99 20,000 WW1 ITmm $ 192.50 1 203 2 EA HPC9720A 5.,, 38.50 9,000 - -.... 175 99 91000 $ 77.00 1 204 6 EA HP C9721A $ 38.50 8,000 $23499 8,000 LW $ 23100 1 ...���� 205 6 EA HP C9722A ................. $ 38.50 8,000 $234.99 8,000 S 231.00 1 206 6 EA HP C9723A $ 38.50 8,000 $234.99 8,000 S 231.00 ....... 1 207 5IT EA $ ..... 1 _..� "� 208 6 EA HP C9731A HP $ 60 50 12,000 5328 99 $328.99 12 000 $ 302 50 1 209 5 ...._. EA H C9731A $ 60.50 12 000 1 328 99 w32....9 12,,000 0 $ 302.50 IT� 1 210 6 EA HP C9733A 60 50 12,000 ..� $328 99' 12,000 $ 302 50 211 5 EA ' ......3 HP CB436A CARTRIDGE $.._ 12.95 2,000 $77 99 ....... ww mmm 2,000 $ 64.75 1 212 12 ........ EA _ .. HP CB540A $ ............. _ z6.sa _.... z,2oo $78.99 2 ,200 18 00 $ 318.06' 1 213.... 6 EA H P CB54M 1 214 ... 6 EA _._ ... . _. HPCB542A S 26.50 1,400 $7i 99 1,400 S 159.00 .00 1 215 6 EA HP CB543A S 26.50 1,400 $7139 1,400 $ 1m 59.00 1 216 6 EA HP CC530A BLACK TO $ 26.50 3,500 $114.95 3,500 $ 159.00 1 217 20 EA HP CC539A CYAN TONER $ 26 50 2,800 S112.95 2,800 . $ 530.00 1 218 17 EA .„ HP CC532A YELLOW TONER $ 26 50 2,800 .... $112.95 mm 2,800 $ 450.50 1 219 16 EA HP CC533A MAGENTA TONER $ 26.50 2,800 $112.95 2,800 $ 424.001 1 220 16 EA HP CE255A $ 23.75 - ,.,. 6,000 $132.99 6,000 _ ... S 427.50 1 -. .....,... '',... 221 ... 7 EA ._..... HP CE255A $......._,_. .......�.,. 23 23 75 6,000 $132,99 6,000 $ 166.25 .. 1 222 _. 4 EA HP CE255X _ .._ ......_- ... ...._$ 12,500 $ 107.00 1 223 6 EA ._..._ _ HPCE271A $ 103.50 13,500 $20195 219 95 13,500 $ 828.00 1 224 15 EA HP CE271A $ 10350 mmm^^^mm 13,000 $349.95 13,000 $ 1,552.50 1 225 92 EA HP CE272A ..._ ._ $ 103.50 13.000 $349.95 _ ..W 13;000 $ 1.242 00 1 226 12 EA HP CE273A $ 103 50 13,000 349 95 13,000 1 00 1 227 12 EA ._ E TONER HP CE320A BLACK $ 25.50 2,000 S68.95 2,000 306 00 1 228 35 EA . HP CE321A CYAN TONER S 25.50 1,300 566.95 1,300 S 892 $ � .............. 50 __ 1 229 26 EA ......._.�_,...... HP CE322A YELLOW TONER S 25.50 1,300 566.95 1,300 $ 714.00 1 230 26 EA HP CE323A MAGENTA TONER $ 25.50 1,300 $66.95 1 300 S 714.00 1 231 27 EA HP CE390A BLACK TONER CARTRIDG $ 25 75 10,000 $i54.95 10 000 $ 695.25 1 232 2 EA HP CE410A $ 28.35 2,200 $82.99 2,200 $ 56.70 1 233 4 EA HP CE411A $ _ 28.35 2,600 _. .. $113.95 2,600 S 113.40 1 ........ 234 4 EA HP CE412A S 28.35 2,600 ..... $113.95 2,600 $ 113.40 mmmmmm 1 235 4 EA HP CE413A _ $ 28.35 2,600 5113.95 2,600 $ 113 .40 1 236 4 EA HP CE505A K T BLACONER CARTRIDG ....... ._ $ 14.25 2 300 $85.95 2,300 $ 57.00 1 237 6 EA HP CE505X BLACK TONER CARTRIDG $ 17.25 6,500 $147.9.5 6,500 $ 138.00 1 298 11 EA HP CE740A BLACK TONER ........ 69 50 7,000 $139.95 7,000 $ 764.50 1 239 3 EA HP CE741A CYAN TONER S ... 7 300 $235 95 7,300 $ 220.50 �- 1 . 240..._ 2 ..... EA ....._. HP CE742A YELLOW TONER_......m.- _73.50 $ 3.50 7 300 ....._ _,_._...� $23s.95 .,....._, 7,300 $ 147.00 ............ 1 241 1 EA ._..�. HP CE743A MAGENTA TONER 5 73.50 .,......... 7,300 $235.95 7,300 $ 73 50 1 242 1 EA ............ HP CLR LJ 2550 HIGH YLD CYAN $ 23.50 4,000 $106.95 4,000 $ 23.50 1 243 1 EA HP CLR LJ 2550 HIGH YLD MGNTA $ 23.50 4,000 $106.95 4,000 $ 23.50 1 244 EA ........... HP COLOR LASER CB542A YELLOW ...... $ 26 50 ^ _ $7199 1,400 $ 26.50 .. 1 LL 245 4 EA HP COLOR LASER CB543A MAGENTA IT 26 50 1 400 $7199 1,400 $ 106 00 1 246 4 EA HP COLOR LASERJET CB540A BLAC 26.50 2,200 $78.99 2,200 S 106.00 1 247 6 ... ".. EA T CB541A CYAN .._�.... HP COLOR LASERJET 26.50 .... ... 1,400 $71.99 $71 1,400 $ 212.00 1 ..... ..... 248 4 EA nnnmITITITmIT T CE260A BLACK HP COLOR LASERJET 49 50 8 500 ..00 .14495 � •_,... $ 198.00 . ... 1 ....249..... 5 EA 'HP COLOR LASERJET CE261A CYAN CY 49 50 L 11,000 5249 95 11,000 S 24750 1 250 3 EA IHP COLOR LASERJET CE262A YELLO 49.50 11,000 $249 951 11,000 $ 148 50 1 251 L. R LA W. 12,000 557719 12,000 $ 99.00 1 252 3j EA HP LASER JETSCB436 AM PRTCARTN 12.95 � $ 38.85 1 253 2 EA HP LASERJET s4A BLACK TONER 26.95 10,000 $154.95 10,000 $ 53.90 1 Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that is p alai within the time perle)d indicated below. Pavment Terms Additional Discount% Invoice Paid in 20 days Invoice Paid in 15 days Invoice Paid in 10 days 0.0 0 "NOTE: PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED FOB DESTINATION. Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal Pricing (FOB DESTINATION). tea Item # I,EST.ANNUAL Product Description REMANUFACTURED Unit Remanufactured OEM Unit DeliveryARO QTY UOM Price Yield Price OEM Yield Extended Price (Days) 254 6 EA HP LASERJET Q2612A CART $ 12.50 2,000 $77.19 2,000 $ 62.50 1 255 2 EA HP Q2612A $ 12.50 2,000.... 577.19 2,000 25.0 $ 25.00 1 I _......� 256 �.......... 12 EA HP Q2673A MAGENTA TONER $ 34.75 .......... 4,000 ...... $135.95 4.000 _ ........_..._... $ 417.00 1 257 ...... 1 EA HP Q3960A BLACK TONER $ 23.50 51000 $90.95 5,000 S 23.50 1 258 1 EA HP Q3964A DRUM S 39.25 20,000 $182.95 20,000 .. ._. 1 ._ 259 ..... 1 EA . .... HP Q5942A _. S 28.75 10,000 ... ......., $149.05 10,000 $ 28.75 260 10 EA HP Q5942X _ $ 30.00 20,000 $218.95 20,000 $ 300.00 1 261 12 EA HP Q5942XD BLACK TONER $ 57.50 40,000 $390.95 40,000 $ 690.00 1 _. 262 1 EA HP 06460A BLACK TONER CARTRIDG $ 48.50 12,000 $143.95 12,000 S 48.50 1 .. 263 .._ 4 EA ............... HP Q6470A BLACK TONER CARTRIDG $ 39.25 6,000 $133.79 6,000 , $ 157.00 1 - ,.,,,mm EA - - -. -u. HP Q6471A CYAN TONER CARTRIDGE R^^� ..._., $ 39.25 - ....... 4,000 $ 135.95 4,000 9 314.00 1 265 7 EA HP Q6472A YELLOW TONER CART.. $ 39.25 " ".__...... 4,000 $135.95 4,000 S 274.75 �ITmmm 1 ..�m 266 6 EA HP Q6473A MAGENTA TONER CART., $ 39.25 4,000 ',. $135.95 4,000 S 235.50 1 67 6 EA HP Q7516A $ 26.95 12,000 $183.95 12,000 $ 161.70 1 268 10 EA HPQ7551A 6,500 L�....._ $13199 6,500 $ 179.50 1 269 6 EA HP Q7551X S 23 95 13,000 211 52 $mmm 13,000 $ 191.60 1 270 9 EA HP Q7553X CARTRIDGE .......... $ _ 16.95 7,000 $ 15015 7,000 $ 152.55 1 271 6 EA HP645A BLACK TONER CART C9730A $ 60.50 .._....�- 13,000 $238.95 ....,.,. 13.000 ,.__ ....._ $ 302.50 .. 1 ,.�.., ". 272 1 - -_ EA _.._.. :LEX .....�... .�..._..._.. 43/44 HI -YLD INK COMBO PK ..._. .............. $ 26.98 890 $63.49 890 $ 26.98 1 273 3 EA LEXMARK 44 HIGH YIELD BLK INK $ 15.49 350 $39 99 350 S 46.47 - - - " "„ 1 274 4 �..� EA LEXMARK 0925 BLACK ...... ^ S 110.25 ., 8,500 $139.95 ... 8,500 $ 44100 1 275 15 EA "mITmmmI LEXMARK C925CYAN _..._ $ 115.95 7,;500 $22995 7,500 $ 1,739.25 1 276 2 EA !LEXMARK 0925 MAGENTA $ 115.95 7,500 $229.95 7,500 $ 1,391.40 1 277 12 EA - .............. .. . LEXMARK C925 WASTE TONER BOTTLE 16.99 30,000 ' $20 99 30,000 $ 203.88 1 278 4 .. EA 11 !LEXMARK C925 YELLOW $ 115.95 7,500 $229.95 7,500 $ 463.80 1 279 12 EA LEXMARKT640 $ 3795 21,000 $231.99 21,000 $ 455.40 1 280 7 EA LEXMARKT652 $ 64.95 25,000 $149.99 25,000 $ 454.65 1 5 - LEXMARK X4976 $ 15.49 890 $22 99 890 S 77.45 1 282 - -- 2 EA N LEXMARK X4976 CYAN S 15.49 350 $22.99 .. �_....� 350 $ 30.98 1 EA MAGENTA LEXMARK X4976 MACE $ 15.49 350 .. $25 99 350 .. "._._ $ 30 98 1 �,.�,�ww „ „.....__.. ".,... 284 2.... ... Eq LEXMARK X4978 YELLOW _ $ 15.49 350 $25 99 350 $ 30.98 mm m ITIT 1 285 2 EA ...... OKIDATA 52102001 $ 1.50 3,000,000..._ $11.99 3 000,000 S 3.00 1 "mmIT mm, 286 .. IT m$ 1,312 $699.95 1,312 S 129.90 1 7 1 q EA PRINT CTRL DNJ 5000 LCN _...... $ 64.95 .... 1,312 699.95 .. 1,312 $ 64.95 ....... 1 .8 288 EA PRINT QTRG DNJ OOO,LMA ........ "� 64.95IT _... 1,312 $699.95 1,312 $ 60..95 1�w 1 - -- CTRG,DNJ 5000 MA 64.95 1,312 $ 699 95 1,312 _ "... $ 64.95 mmm,mITIT �. 1 .259 " ".m 290 m 1 EA EA ^PRINT - PRINT CTRG,DNJ 5000 YW "$ $ 64.95 mm 1,312 $699.95 " ". 1,312 $ 64.95 .. . 1 2 EA XEROX ea 5o $ ..ITIT 168 25IT..mm... 9,000 $349.00 9.000 $ 168.25 1 EA ...... _ . Xerox 6650 $ 168.25 9,000 $349.00 9,000 $ 168.25 1 _...... Total Cost of Products (Annual) $ 20,624.06 301 1 % DISCOUNT OFF OF LIST PRICE FOR TONER ISEiY4S NOT LISTED ABOVE varies IF OFFERRING A RANGE, SUBMIT ADDITIONAL PAGE WITH BREAKDOWN OF DISCOUNTS FOR EACH TYPE OF ITEM. Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that is p alai within the time perle)d indicated below. Pavment Terms Additional Discount% Invoice Paid in 20 days Invoice Paid in 15 days Invoice Paid in 10 days 0.0 0 "NOTE: PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED FOB DESTINATION. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF REMANUFACTURED TONER CARTRIDGES AND PRINTER SUPPLIES FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFP 5200- AWARDED TO TIC EXPRESS, LLC, IN THE ANNUAL ESTIMATED AMOUNT OF $150,000 FOR A THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $450,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of Remanufactured Toner Cartridges in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5200 TIC Express, LLC $450,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3 . Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFP 5200 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IC APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 6- 0RD -RFP 5200 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Elton Brock at 349 -7133 ACM: Bryan Langley i -A SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of remanufactured toner cartridges and printer supplies for the City of Denton; providing for the expenditure of funds therefore; and providing an effective date (RFP 5200 - awarded to TIC Express, LLC, in the annual estimated amount of $150,000 for a three (3) year not -to- exceed amount of $450,000). RFP INFORMATION This RFP is for the purchase of remanufactured toner cartridges and printer supplies to maintain printers owned by the City of Denton. Standard purchasing procedures were followed to solicit proposals for remanufactured toner cartridges. Request for Proposals (RFP) were sent to 487 prospective suppliers, including four (4) Denton firms. In addition, notice was advertised in the local newspaper, and the specifications were placed on the City of Denton Materials Management website for prospective suppliers to download. Fourteen (14) responses were received meeting the minimum qualifications. The pricing sheet showing all responsive proposers is included as Exhibit 1. The overall scoring matrix with evaluation criteria is included as Exhibit 2. TIC Express, LLC received the highest ranking based on the evaluation criteria which included price as 70% of the total score. Therefore, staff is recommending award to TIC Express, LLC as the best value for the City. Consolidating the toner cartridges into one contract will make the ordering process more efficient and TIC Express, LLC also provides next day delivery. This will result in a soft savings of employee time and resources. RECOMMENDATION Award to the highest scoring proposer meeting specifications, TIC Express, LLC for an annual estimated expenditure of $150,000 and a three (3) year estimated total not to exceed $450,000. This amount is includes contingent pricing for additional departmental printers that may added during the three (3) year time period. PRINCIPAL PLACE OF BUSINESS TIC Express, LLC Arlington, TX Agenda Information Sheet October 1, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT This is an initial one year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION Toner cartridges and supplies will be purchased as needed for various City departments. EXHIBITS Exhibit 1: Pricing Sheet Exhibit 2: Scoring Matrix Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance 1- AIS -RFP 5200 Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price IE.t.nded Price 1 1 EA BROTHER 51 BLACK INK $ 1.80 $ 1.80 2 10 EA BROTHER 51 CYAN INK $ 1.80 $ 18.00 3 7 EA BROTHER 51 MAGENTA INK $ 1.80 $ 12.60 1 7 EA BROTHER 51 MULTICOLOR INK 3PK $ 4.95 $ 34.65 - 3 EA IBROTHER 51 YELLOW INK $ 1.80 $ 5.40 6 7 EA BROTHER DR200 DRUM $ 23.95 $ 167.65 7 1 EA BROTHER DR500 $ 19.95 $ 19.95 8 1 EA BROTHER DR510 $ 19.95 $ 19.95 9 3 EA BROTHER LC75 BLACK $ 1.95 $ 5.85 10 3 EA BROTHER LC75 CYAN $ 1.95 $ 5.85 11 2 EA BROTHER LC75 MAGENTA $ 1.95 $ 3.90 12 2 EA BROTHER LC75 YELLOW $ 1.95 $ 3.90 13 2 EA BROTHER PC -201 BLACK INK $ 11.95 $ 23.90 14 3 EA BROTHER TN -250 BLACK TONER $ 4.95 $ 14.85 15 1 EA BROTHER TN -350 BLACK TONER $ 22.00 $ 22.00 16 1 EA BROTHER T 36 TONER CARTRID HY $ 22.00 $ 22.00 17 1 EA BROTHER TN450 HY BLACK TONER $ 16.10 $ 16.10 18 3 EA BROTHER TN -460 BLACK TONER $ 16.75 $ 50.25 19 3 EA BROTHER TN- 5000PF BLACK TONER $ 5,95 $ 17,85 20 2 EA BROTHER TN560 $ 18.95 $ 37.90 11 2 EA BROTHER TN570 $ 18.95 $ 37.90 11 5 EA BROTHER TN620 TONER $ 18.95 $ 94.75 13 2 EA CANON 104 BLACK TONER $ 18.95 $ 37.90 14 3 EA CANON BCI -15 2PK COLOR $ 4.20 $ 12.60 15 1 EA CANON BCI -15 BLK INK CART 2PK $ 3.95 $ 3.95 26 2 EA CANON BCI -16 COLOR INK 2PK $ 4.95 $ 9.90 27 2 EA CANON CLI -8 MULTICOLOR INK 4PK $ 8,25 $ 16.50 18 1 EA CANON S35 $ 15.95 $ 15.95 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION Unit Price Extended Price 29 2 EA CRTDG,HP LJ4600,BK $ 38.50 $ 77.00 30 1 EA CRTDG,HP LJ4600,CYN $ 38.50 $ 38.50 31 1 EA CRTDG,HP LJ4600,MA $ 38.50 $ 38.50 32 1 EA CRTDG,HP LJ4600,YW $ 38.50 $ 38.50 33 1 EA CTRG,TONER,5MiVR,YELLO W 31 22 EA CTRG,TONER,CMR3C,MAGEN TA $ 13.50 $ 297.00 35 19 EA CTRG,TONER,PDVTW,CYAN $ 13.50 $ 256.50 36 20 EA DELL 1110 BLACK TONER $ 18.00 $ 360.00 37 7 EA DELL 1130 BLACK $ 33.00 $ 231.00 38 5 EA CARTRIDG $ 29,95 $ 149.75 39 1 EA DELL 1230C MAGENTA TONER CAR $ 29,95 $ 29,95 4o 1 EA DELL 1230C YELLOW TONER CARTR $ 29,95 $ 29,95 41 1 EA DELL 1230C/1235CN BLACK TONER $ 29,95 $ 29,95 92 2 EA IDELL 1320 BLACK TONER $ 6.75 $ 13.50 93 27 EA DELL 1320 CYAN TONER $ 6.75 $ 182.25 94 25 EA DELL 1320 MAGENTA TONER $ 6.75 $ 168.75 45 26 EA DELL 1320 YELLOW TONER $ 6.75 $ 175.50 45 28 EA DELL 1700 BLACK TONER 6K $ 19.95 $ 558.60 47 7 EA DELL 1710 DRUM $ 2, 2, $ 176.75 48 5 EA DELL 1710 TONER $ 19.95 $ 99.75 49 20 EA YIELD $ 19.95 $ 399.00 50 4 EA DELL 1720 CARTRIDGE $ 19.95 $ 79.80 51 15 EA DRUM $ 23.85 $ 357.75 52 8 EA DELL 2130CN/2135CN BLACK TONER $ 8,95 $ 71.60 53 2 EA DELL 2130CN/2135CN CYAN TONER $ 8,95 $ 17.90 54 2 EA DELL 2130CN/2135CN MAGENTA TON $ 8,95 $ 17.90 55 2 EA DELL 2130CN/2135CN YELLOW TONR $ 8,95 $ 17.90 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products DELL 2MMJP /113X BLACK 56 2 CA TONER $ 28.75 $ 57.50 57 4 EA IDELL 311OCN CYAN TONER $ 58.50 $ 234.00 58 6 EA DELL 3110CN MAGENTA TONER $ 58.50 $ 351.00 59 6 EA DELL 3110CN/3115CN BLACK TONER $ 58.50 $ 351.00 60 7 EA DELL 3110CN/3115CN YELLOW TON $ 58,50 $ 409.50 61 6 EA DELL 313OCN BLACK TONER CART $ 63.50 $ 381.00 62 3 EA DELL 3130CN CYAN TONER CART $ 63.50 $ 190.50 63 4 EA DELL 313OCN MAGENTA TONER CART $ 63.50 $ 254.00 64 4 EA DELL 3130CN YELLOW TONER CART $ 63.50 $ 254.00 65 3 EA IDELL 3330 BLACK $ 54.95 $ 164.85 69 2 EA DELL 4R4G5 BLACK TONER $ 19.95 $ 39.90 DELL5100 TRANSFER 70 4 EA ROLLER $ 37.99 $ 151.96 71 1 EA DRUM $ 84.95 $ 84.95 DELL 5110CN BLACK TONER 72 2 EA 18K $ 30.99 $ 61.98 73 12 EA IDELL 511OCN CYAN TONER $ 29.50 $ 354.00 71 10 EA DELL 5110CN MAGENTA TONER $ 29.50 $ 295.00 DELL 5110CN YELLOW 75 8 EA TONER $ 29.50 $ 236.00 9 DELL 520ON BLACK TONER 76 EA 18K $ 38.95 $ 350.55 77 9 EA DELL 5210/5310 CARTRIDGE $ 38.95 $ 350.55 78 10 EA CARTRID $ 13.50 $ 135.00 79 25 EA DELL H89YG MAGENTA TONER $ 13.50 $ 337.50 80 4 EA DELL HD767 $ 38.95 $ 155.80 81 1 EA CARTRID 5330 $ 71.65 $ 71.65 81 2 EA DELL PD974 BLACK TONER $ 38.95 $ 77.90 83 1 EA DELL PK941 BLACK TONER $ 50.00 1 $ 50.00 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price Sn 2 EA DELL RY855 MAGENTA TONER $ 12.25 $ 24.50 85 3 rA DELL S2500/S2500N BLACK TONER $ 59.99 $ 179.97 86 1 rA IDELL YPXY8 CYAN TONER $ 13.99 $ 13.99 87 4 rA DRUM BROTHER DR 400 $ 23.95 $ 95.80 88 2 rA EPSON 68 T CLR HIGH CAP 3 PK $ 14.98 $ 29.96 89 2 rA EPSON 98 BLACK CARTRIDGE $ 6.25 $ 12.50 90 1 rA EPSON T048920 MULTI INK 5PK $ 18.50 $ 18.50 91 1 rA EPSON T060120 -BCS COLOR 4/PACK $ 12.50 $ 12.50 92 1 1A EPSON T060120 -Di 2 PACK BLACK $ 6.00 $ 6.00 91 1 rA EPSON T069120 BLACK 2PK INK $ 6.00 $ 6.00 91 2 rA HP 02 BLACK INK $ 3.90 $ 7.80 95 3 rA HP 02 COMBO PACK $ 7.80 $ 23.40 96 1 rA HP 02 CYAN INK $ 3.90 $ 3.90 97 3 rA HP 02 MAGENTA INK $ 3.90 $ 11.70 98 3 rA HP 02 YELLOW INK $ 3.90 $ 11.70 99 3 rA HP 10 BLACK CARTRIDGE $ 3.90 $ 11.70 100 6 rA HP 101202610A CARTRIDGE $ 12.50 $ 75.00 101 12 rA HP 11 CYAN CARTRIDGE $ 5.50 $ 66.00 102 6 rA HP 11 MAGENTA CARTRIDGE $ 5.50 $ 33.00 103 6 rA HP 11 PRINTHEAD BLACK $ 29,95 $ 179.70 104 4 rA HP 11 PRINTHEAD MAGENTA $ 29,95 $ 119.80 105 1 rA HP 11 PRINTHEAD YELLOW $ 29,95 $ 29,95 106 1 rA HP 11 YELLOW CARTRIDGE $ 5.50 $ 5.50 107 1 rA HP 1100 C4092A $ 12.95 $ 12.95 108 1 rA HP 124A BLACK TONER $ 27.50 $ 27.50 109 1 rA HP 124A CYAN TONER $ 27.50 $ 27.50 110 1 1A HP 131X BLACK LASERJET TONER CF210A $ 38.50 $ 38.50 "I 1 rA HP 21 BLACK INK 2PK $ 12.70 $ 12.70 ll2 1 rA HP 21/21/22122 QUAD PACK $ 40.50 $ 40.50 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price tt3 1 1A HP21 /22BLACK /COLOR INK 2PK $ 20.10 $ 20.10 ll4 1 r4 JHP 22 TRICOLOR INK $ 13.75 $ 13.75 Ili 2 r4 HP 2600 Black 06000A $ 27.50 $ 55.00 - 8 rA HP 2600 Cyan 06001A $ 27.50 $ 220.00 ll7 5 rA HP 2600 Magenta 06003A $ 27.50 $ 137.50 - 5 rA HP 2600 Yellow 06002A $ 27.50 $ 137.50 "1 5 rA HP 27 BLACK INK $ 6.55 $ 32.75 t2o 4 1A HP 305A BLACK TONER CE410A $ 28.50 $ 114.00 "1 2 1q HP 305A CYAN TONER CE411A $ 28.50 $ 57.00 122 1 rA HP 305A MAGENTA TONER $ 2850 $ 28.50 123 2 rA HP 305A YELLOW TONER $ 28.50 $ 57.00 124 2 rA HP 3600 CYAN 06471A $ 38.75 $ 77.50 125 4 rA HP 3600 MAGENTA 06473A $ 38.75 $ 155.00 126 4 rA HP 3600 YELLOW 06472A $ 38.75 $ 155.00 127 4 rA CART. $ 25,95 $ 103.80 128 2 rA HP 4000 C4127X $ 17.95 $ 35.90 129 4 rA HP 4100 C8061 $ 18.95 $ 75.80 130 10 rA HP 45 BLACK INK $ 5.00 $ 50.00 131 8 rA HP 473006460A BLACK $ 48.50 $ 388.00 132 4 rA HP 4730 0646 1 A CARTRI DGE $ 48.50 $ 194.00 133 4 rA HP 473006462A YELLOW $ 48.50 $ 194.00 134 4 rA HP 473006463A MAGENTA $ 48.50 $ 194.00 135 4 rA HP 54 $ 9.95 $ 39.80 136 15 rA HP 54 INK OEM $ 9,95 $ 149.25 137 15 rA IIP 5530 Black Ca ,,dge $ 60.50 $ 907.50 138 12 rA I IP 5530 Cyan Ca Wdge $ 60.50 $ 726.00 139 12 rA IP 5530 Magenta C cadge $ 60.50 $ 726.00 140 12 rA IP 5550 Yellow C cadge $ 60.50 $ 726.00 141 12 rA HP 56 BLACK INK I $ 635 $ 76.20 142 9 rA HP 56/57 COMBO PACK -INK $ 20.05 $ 180.45 143 1 rA HP 564XL BLACK INK $ 6.75 $ 6.75 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 144 2 , HP 564XL BL /564 CMY INK 4PK $ 27.00 $ 54.00 145 4 r4 JHP 57 COLOR INK $ 13.75 $ 55.00 146 6 r4 HP 60 BLACK $ 10.50 $ 63.00 147 6 r4 HP 60 COLOR $ 11.50 $ 69.00 148 6 r4 HP 61 BLACK $ 14.00 $ 84.00 149 7 r4 HP61COLOR $ 15.75 $ 110.25 li0 7 EA 11111 11L 11 TONER HEWZ3662A $ 23.50 $ 164.50 lit 1 rA HP 72 INKJET CART YELLOW $ 48.95 $ 48.95 lie 1 rA HP 74 BLACK INK $ 5.85 $ 5.85 153 16 rA HP 74XL BLACK INK $ 6.85 $ 109.60 154 21 rA HP 75 TRI COLORINK $ 6.15 $ 129.15 155 12 rA HP 75XL TRICOLOR INK $ 7.50 $ 90.00 lib 20 rA HP 78 PLUS TRICOLOR INK $ 13.00 $ 260.00 157 3 rA HP 78 TRI -COLOR INK $ 13.00 $ 39.00 lib 3 rA HP 78A TONER $ 12.95 $ 38.85 159 1 1A HP 80A LASERJET TONER CART BLK $ 22,85 $ 22,85 160 3 1q HP 81 BLACK DYE VALUE PACK $ 49.95 $ 149.85 161 1 1q HP 81A CYAN CARTRIDGE HEW07581A $ 39.50 $ 39.50 162 1 rA HP 82 BLACK $ 16.75 $ 16.75 163 2 rA HP 82 CYAN $ 14.75 $ 29.50 - 2 rA HP 82 MAGENTA $ 14.75 $ 29.50 165 2 rA HP 82 YELLOW $ 14.75 $ 29.50 166 2 rA HP 85A TONER $ 12.50 $ 25.00 167 5 rA HP 88 XL CYAN INK $ 4.50 $ 22.50 168 3 rA HP 88 XL YELLOW INK $ 4.50 $ 13.50 169 3 rA HP 88XL BLACK INK $ 4.50 $ 13.50 170 4 rA HP 88XL MAGENTA INK $ 4.50 $ 18.00 171 3 1A HP 90 BLK PRINTHEADS &. CLEANER $ 137.95 $ 413.85 172 7 rA CLEANER $ 137.95 $ 965.65 173 7 rA 174 10 rA OMIT 175 10 rA HP 901 XL BLACK INK $ 11.85 $ 118.50 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 176 12 1A HP 901 COLOR each Ma enia an "_ $ 14.25 $ 171.00 179 4 r4 JHP 920XL BLACK $ 8.25 $ 33.00 180 10 rA HP 920XL CYAN $ 6.70 $ 67.00 181 10 rA HP 920XL MAGENTA $ 6.70 $ 67.00 182 10 rA HP 920XL YELLOW $ 6.70 $ 67.00 183 10 rA HP 92298A BLACK TONER $ 12.25 $ 122.50 184 4 rA HP 92298X OEM Discontinued $ 13.25 $ 53.00 185 6 rA HP 94/95 COMBO PACK $ 9,95 $ 59.70 186 4 1A HP 940 COLOR COMBO PACK INK $ 24.50 $ 98.00 187 5 1q HP 940 CYAN OFFICEJET INK CART $ 8.00 $ 40.00 188 7 rA HP 940 MAGENTA OFFICEJET INK C $ 8.00 $ 56.00 189 7 1q HP 940 YELL OW OFFICEJET INK CA $ 8.00 $ 56.00 190 7 rA HP 940XL BLKINK $ 8.00 $ 56.00 191 8 rA HP 95 TRICOLOR -INK $ 5.15 $ 41.20 192 11 rA HP 96/97 COMBO PACK $ 9.75 $ 107.25 193 4 rA HP 97 TRI -COLOR INK $ 4.90 $ 19.60 199 2 rA HP 98 BLACK INK $ 4.80 $ 9.60 195 3 rA HP 98 BLACK INK 2 PACK $ 9.60 $ 28.80 196 4 rA HP C3909A $ 27.95 $ 111.80 197 2 rA HP C3909A BLACK TONER $ 27.95 $ 55.90 198 1 rA HP C4092A $ 12.95 $ 12.95 199 1 rA HP C4182X CARTRIDGE $ 34.25 $ 34.25 200 10 rA HP C6602A BLACK INK $ 9.95 $ 99.50 201 1 rA HP C7115X BLACK TONER $ 13.25 $ 13.25 202 5 1A HP C9704A DRUM CARTRIDGE $ 38.50 $ 192.50 203 2 rA HP C9720A $ 38.50 $ 77.00 eon 6 rA HP C9721A $ 38.50 $ 231.00 205 6 rA HP C9722A $ 38.50 $ 231.00 276 6 rA HP C9723A $ 38.50 $ 231.00 277 6 rA HP C9730A $ 60.50 $ 363.00 278 5 rA HP C9731A $ 60.50 $ 302.50 209 5 rA HP C9732A $ 60.50 $ 302.50 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION Unit Price Extended Price 210 5 EA HP C9733A $ 60.50 5 302.50 211 5 EA HP CB436A CARTRIDGE $ 12.95 $ 64.75 212 12 EA HP CB540A $ 26.50 $ 318.00 213 6 EA HP CB541A $ 26.50 $ 159.00 214 6 EA HP CB542A $ 26.50 $ 159.00 215 6 EA HP CB543A $ 26.50 $ 159.00 - 6 EA HP CC530A BLACK TONER $ 26.50 $ 159.00 217 20 EA HP CC531A CYAN TONER $ 26.50 $ 530.00 - 17 EA HP CC532A YELLOW TONER $ 26.50 $ 450.50 219 16 EA HP CC533A MAGENTA TONER $ 26.50 $ 424.00 220 18 EA HP CE255A $ 23.75 $ 427.50 221 7 EA HP CE255A $ 23.75 $ 166.2, 222 4 EA HP CE255X $ 26.75 $ 107.00 223 8 EA HP CE270A $ 103.50 $ 828.00 224 15 EA HP CE271A $ 103.50 $ 1,552.50 225 12 EA HP CE272A $ 103.50 $ 1,242.00 226 12 EA HP CE273A $ 103.50 $ 1,242.00 227 12 EA HP CE320A BLACK TONER $ 2.50 $ 306.00 228 35 EA HP CE321A CYAN TONER $ 2.50 $ 892.50 229 28 EA HP CE322A YELLOW TONER $ 25,50 $ 714.00 230 28 EA HP CE323A MAGENTA TONER $ 25,50 $ 714.00 231 27 EA HP CE390A BLACK TONER CARTRIDG $ 25,75 $ 695,2"' 232 2 EA JHP CE410A $ 2835 $ 56.70 233 4 EA HP CE411A $ 2835 $ 113.40 234 4 EA HP CE412A $ 2835 $ 113.40 235 4 EA HP CE413A $ 2835 $ 113.40 236 4 EA CARTRIDG $ 14 2, $ 57.00 237 8 EA HP CE505X BLACK TONER CARTRIDG $ 1/ 2, $ 138.00 238 11 EA HP CE740A BLACK TONER $ 69.50 $ 764.50 239 3 EA HP CE741A CYAN TONER $ 73.50 $ 220.50 240 2 EA HP CE742A YELLOW TONER $ 73.50 $ 147.00 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 241 1 EA HP CE743A MAGENTA TONER $ 73.50 $ 73.50 1 HP CLR LJ 2550 HIGH YLD 242 EA CYAN $ 23,50 $ 23.50 1 HP CLR LJ 2550 HIGH YLD Lai EA MGNTA $ 23,50 $ 23.50 1 HP COLOR LASER CB542A 14, EA YELLOW $ 26.50 $ 26.50 4 HP COLOR LASER CB543A 245 EA MAGENTA $ 26.50 $ 106.00 4 HPCOLOR LASERJET Las EA CB540A BLAC $ 26.50 $ 106.00 8 HP COLOR LASERJET 247 Eq CB541A CYAN $ 26.50 $ 212.00 4 HP COLOR LASERJET Lae EA CE260A BLACK $ 49.50 $ 198.00 249 5 EA HP COLOR LASERJET CE261A CYAN $ 49.50 $ 247.50 250 3 EA HP COLOR LASERJET CE262A YELLO $ 49.50 $ 148.50 251 2 EA HP COLOR LASERJET CE263A MAGEN $ 49.50 $ 99.00 252 3 EA HP LASER JET CB436 FAMPRTCART $ 12.95 $ 38.85 253 2 EA HP LASERJET 64A BLACK TONER $ 26.95 $ 53.90 254 5 EA HP LASERJET 02612A CART $ 12.50 $ 62.50 255 2 EA HP 02612A $ 12.50 $ 25.00 256 12 EA HP 02673A MAGENTA TONER $ 34.75 $ 417.00 257 1 EA HP 03960A BLACK TONER $ 23.50 $ 23.50 258 1 EA HP 03964A DRUM $ 39.25 $ 39.25 259 1 EA HP 05942A $ 28.75 $ 28.75 260 10 EA HP 05942X $ 30.00 $ 300.00 261 12 EA HP 05942XD BLACK TONER $ 17,10 $ 690.00 1 HP 06460A BLACK TONER 262 EA CARTRIDG $ 48.50 $ 48.50 4 HP 06470A BLACK TONER 263 EA CARTRIDG $ 39.25 $ 157.00 8 HP 06471A CYAN TONER 26, EA CARTRIDGE $ 39.25 $ 314.00 265 7 EA HP 06472A YELLOW TONER CART. $ 39.25 $ 274.75 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. TIC Express EIS Office Solutions Dream Ranch Office Arlington, TX QTY Li DESCRIPTION Unit Price Extended Price 266 6 , HP 06473A MAGENTA TONER CART. $ 39.25 $ 235.50 267 6 rA JHP 07516A $ 26.95 $ 161.70 268 10 rA HP07551A $ 17.95 $ 179.50 269 8 rA HP07551X $ 23,95 $ 191.60 270 9 rA HP 07553X CARTRIDGE $ 16.95 $ 152.55 271 5 rA C9730A $ 60.50 $ 302.50 272 1 rA LEX 43/44 HI -YLD INK COMBO PK $ 26.98 $ 26.98 273 3 rA LEXMARK44 HIGH YIELD BLK INK $ 15.49 $ 46.47 271 4 rA JLEXMARK C925 BLACK $ 110.2, $ 441.00 275 15 rA LEXMARK C925 CYAN $ 115.95 $ 1,/39 2, 276 12 rA LEXMARK C925 MAGENTA $ 115.95 $ 1,391.40 277 12 rA TONER BOTTLE $ 16.99 $ 203.88 278 4 rA LEXMARK C925 YELLOW $ 115.95 $ 463.80 279 12 rA LEXMARK T640 $ 3/ 91 $ 455.40 280 7 rA LEXMARK T652 $ 64 9, $ 454.65 281 5 rA LEXMARK X4975 BLACK $ 15.49 $ 77.45 282 2 rA LEXMARK X4975 CYAN $ 15.49 $ 30.98 283 2 rA LEXMARK X4975 MAGENTA $ 15.49 $ 30.98 284 2 rA LEXMARK X4975 YELLOW $ 15.49 $ 30.98 285 2 rA OKIDATA 52102001 $ 1.50 $ 3.00 $ 47,566.63 Supplies Technology Integration Group Enhanced Laser The Tree House, Inc. Advantage Supply Products NOTE. An ff r was re , -d from CPI One Pont however requests for clay f-tion did t cce,e a resp onsc and were unable to be evaluated. Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price IE.t.nded Price 1 1 EA BROTHER 51 BLACK INK $ 7.89 $ 7.89 2 10 EA BROTHER 51 CYAN INK $ 7.89 $ 78.90 3 7 EA BROTHER 51 MAGENTA INK $ 7.89 $ 55.23 1 7 EA BROTHER 51 MULTICOLOR INK 3PK - 3 EA IBROTHER 51 YELLOW INK $ 7.89 $ 23.67 6 7 EA BROTHER DR200 DRUM $ 54.99 $ 384.93 7 1 EA BROTHER DR500 $ 49.99 $ 49.99 8 1 EA BROTHER DR510 $ 49.99 $ 49.99 9 3 EA BROTHER LC75 BLACK $ 9.99 $ 29.97 10 3 EA BROTHER LC75 CYAN $ 9.99 $ 29.97 11 2 EA BROTHER LC75 MAGENTA $ 9.99 $ 19.98 12 2 EA BROTHER LC75 YELLOW $ 9.99 $ 19.98 13 2 EA BROTHER PC -201 BLACK INK $ 17.99 $ 35.98 14 3 EA BROTHER TN -250 BLACK TONER $ 9.99 $ 29.97 15 1 EA BROTHER TN -350 BLACK TONER $ 29.99 $ 29.99 16 1 EA BROTHER T 36 TONER CARTRID HY $ 29.99 $ 29.99 17 1 EA BROTHER TN450 HY BLACK TONER $ 29.99 $ 29.99 18 3 EA BROTHER TN -460 BLACK TONER $ 33.99 $ 101.97 19 3 EA BROTHER TN- 5000PF BLACK TONER $ 7.99 $ 23.97 20 2 EA BROTHER TN560 $ 39.99 $ 79.98 11 2 EA BROTHER TN570 $ 39.99 $ 79.98 11 5 EA BROTHER TN620 TONER $ 223.85 23 2 EA CANON 104 BLACK TONER $ 49.99 $ 99.98 29 3 EA CANON BCI -15 2PK COLOR .'. 1 $ 127.20 15 1 EA CANON BCI -15 BLK INK CART 2PK $ 25.98 16 2 CA CANON BCI -16 COLOR INK 2PK $ 91.00 27 2 EA CANON CLI -8 MULTICOLOR INK 4PK $ 91.84 18 1 EA CANON S35 $ 37.99 $ 37.99 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION 1 Unit Price lExtended Price 29 1 2 1 EA ICRTDG,HPLJ4 600,BK $ 89 991 $ 179.98 30 1 EA CRTDG,HP LJ4600,CYN $ 89.99 $ 89.99 31 1 EA CRTDG,HP LJ4600,MA $ 89.99 $ 89.99 32 1 EA CRTDG,HP LJ4600,YW $ 89.99 $ 89.99 33 1 EA CTRG,TONER,5MiVR,YELLO W 39 22 EA CTRG,TONER,CMR3C,MAGEN TA $ 37.99 $ 835.78 35 19 EA CTRG,TONER,PDVTW,CYAN $ 37.99 $ 721.81 36 20 EA DELL 1110 BLACK TONER $ 49.99 $ 999.80 37 7 EA DELL 1130 BLACK $ 59.99 $ 419.93 38 5 EA CARTRIDG $ 47.41 $ 237.05 39 1 EA DELL 1230C MAGENTA TONER CAR $ 47.41 $ 47.41 4o 1 EA DELL 1230C YELLOW TONER CARTR $ 47.41 $ 47.41 91 1 EA DELL 1230C/1235CN BLACK TONER $ 49.99 $ 49.99 92 2 EA IDELL 1320 BLACK TONER $ 19.99 $ 39.98 93 27 EA DELL 1320 CYAN TONER $ 19.99 $ 539.73 94 25 EA DELL 1320 MAGENTA TONER $ 19.99 $ 499.75 95 26 EA DELL 1320 YELLOW TONER $ 19.99 $ 519.74 45 28 EA DELL 1700 BLACK TONER 6K $ 59.99 $ 1.679.72 97 7 EA DELL 1710 DRUM $ 39.99 $ 279.93 98 5 EA DELL 1710 TONER $ 59.99 $ 299.95 49 20 EA YIELD $ 59.99 $ 1,199.80 50 4 EA DELL 1720 CARTRIDGE $ 59.99 $ 239.96 51 15 EA DRUM $ 39.99 $ 1998, . 52 8 EA DELL 2130CN/2135CN BLACK TONER $ 19.99 $ 159.92 53 2 EA DELL 2130CN/2135CN CYAN TONER $ 19.99 $ 39.98 59 2 EA DELL 2130CN/2135CN MAGENTA TON $ 19.99 $ 39.98 55 2 EA DELL 2130CN/2135CN YELLOW TONR $ 19.99 $ 39.98 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications DELL 2MMJP /113X BLACK 56 2 CA TONER $ 69.99 $ 139.98 57 4 EA IDELL 311OCN CYAN TONER $ 99.99 $ 399.96 58 6 EA DELL 3110CN MAGENTA TONER $ 99.99 $ 599.94 59 6 EA DELL 3110CN/3115CN BLACK TONER $ 99.99 $ 599.94 60 7 EA DELL 3110CN/3115CN YELLOW TON $ 99,99 $ 699.93 61 6 EA DELL 313OCN BLACK TONER CART $ 99.99 $ 599.94 62 3 EA DELL 313OCN CYAN TONER CART $ 99.99 $ 299.97 63 4 EA DELL 3130CN MAGENTA TONER CART $ 99,99 $ 399.96 64 4 EA DELL 313OCN YELLOW TONER CART $ 99,99 $ 399.96 65 3 EA DELL 3330 BLACK $ 196.07 $ 588.21 69 2 EA DELL 4R4G5 BLACK TONER $ 37.99 $ 75.98 DELL 5100 TRANSFER 70 4 EA ROLLER $ 151.96 71 1 EA DRUM $ 180.98 DELL 5110CN BLACK TONER 72 2 EA 18K $ 59.99 $ 119.98 73 12 EA IDELL 511OCN CYAN TONER $ 59.99 $ 719.88 71 10 EA DELL 5110CN MAGENTA TONER $ 59.99 $ 599.90 DELL 5110CN YELLOW 75 8 EA TONER $ 59.99 $ 479.92 DELL 520ON BLACK TONER 76 9 EA 18K $ 881.91 77 9 EA DELL 5210/5310 CARTRIDGE 1,089.09 78 10 EA CARTRID $ 1,005.50 79 25 EA DELL H89YG MAGENTA TONER ! $ 197.75 80 4 EA DELL HD767 ! $ 600.00 81 1 EA CARTRID 5330 $ 159.99 $ 159.99 82 2 EA DELL PD974 BLACK TONER I _ $ 242,02 83 1 EA DELL PK941 BLACK TONER $ 99.99 $ 99.99 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price Sn 2 EA DELL RY855 MAGENTA TONER $ 16.99 $ 33.98 85 3 rq DELL S2500/S2500N BLACK TONER ! $ 375.00 86 1 rA IDELL YPXY8 CYAN TONER $ 37.99 $ 37.99 87 4 rA DRUM BROTHER DR 400 $ 59.99 $ 239.96 88 2 rA EPSON 68 TRI CLR HIGH CAP 3 PK $ 106.82 89 2 rA EPSON 98 BLACK CARTRIDGE $ 20.00 90 1 rA EPSON T048920 MULTI INK 5PK $ 70.52 91 1 rA EPSON T060120 -BCS COLOR 4/PACK $ 73.22 92 1 rA EPSON T060120 -Di 2 PACK BLACK $ 10.00 91 1 1A EPSON T069120 BLACK 2PK INK $ 12.00 91 2 rA JHP 02 BLACK INK $ 9.99 $ 19.98 95 3 rA HP 02 COMBO PACK $ 51.00 96 1 rA HP 02 CYAN INK $ 7.95 $ 7.95 97 3 rA HP 02 MAGENTA INK $ 7.95 $ 23.85 98 3 rA HP 02 YELLOW INK $ 7.95 $ 23.85 99 3 rA HP 10 BLACK CARTRIDGE $ 9.99 $ 29.97 100 6 rA HP 101202610A CARTRIDGE $ 35.99 $ 215.94 101 12 rA HP 11 CYAN CARTRIDGE $ 9,95 $ 119.40 102 6 rA HP 11 MAGENTA CARTRIDGE $ 9.95 $ 59.70 103 6 rA HP 11 PRINTHEAD BLACK $ 234.06 104 4 rA HP 11 PRINTHEAD MAGENTA $ 156.04 105 1 rA HP 11 PRINTHEAD YELLOW $ 39.01 106 1 rA HP 11 YELLOW CARTRIDGE $ 9,95 $ 9,95 107 1 rA HP 1100 C4092A $ 29,99 $ 29,99 108 1 rA HP 124A BLACK TONER $ 59,99 $ 59,99 109 1 rA HP 124A CYAN TONER $ 59.99 $ 59.99 110 1 1A HP 131X BLACK LASERJET TONER CF210A $ 72.11 "I 1 rA HP 21 BL INK 2PK ACK $ 22.80 ll2 1 rA HP 21/21/22122 QUAD PACK $ 45.60 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price tt3 1 1A HP21 /22BLACK /COLOR INK 2PK $ 45.89 ll4 1 r4 JHP 22 TRICOLOR INK $ 19.99 $ 19.99 Ili 2 r4 HP 2600 Black 06000A $ 59,99 $ 119.98 - 8 rA HP2600Cyan06001A $ 59,99 $ 479.92 ll7 5 rA HP 2600 Magenta 06003A $ 59,99 $ 299,95 - 5 rA HP 2600 Yell- 06002A $ 59,99 $ 299,95 ll9 5 rA HP 27 BLACK INK $ 14.99 $ 74.95 t2o 4 1A HP 305A BLACK TONER CE410A $ 69.99 $ 279.96 "1 2 1q HP 305A CYAN TONER CE411A $ 69.99 $ 139.98 122 1 rA HP 305A MAGENTA TONER $ 69.99 $ 69.99 123 2 rA HP 305A YELLOW TONER $ 69.99 $ 139.98 124 2 rA HP 3600 CYAN 06471A $ 89.99 $ 179.98 125 4 rA HP 3600 MAGENTA 06473A $ 89,99 $ 359.96 126 4 rA HP 3600 YELLOW 06472A $ 89,99 $ 359.96 127 4 rA CART. $ 94.99 $ 379.96 128 2 rA HP 4000 C4127X $ 49.99 $ 99.98 129 4 rA HP 4100 C8061 $ 59,99 $ 239.96 130 10 rA HP 45 BLACK INK $ 8,99 $ 89,90 t31 8 rA HP 473006460A BLACK $ 99.99 $ /99.92 132 4 rA HP 4730 0646 1 A CARTRI DGE $ 99.99 $ 399.96 133 4 rA HP 473006462A YELLOW $ 99,99 $ 399.96 134 4 rA HP 473006463A MAGENTA $ 99.99 $ 399.96 135 4 rA HP 54 $ 362.56 136 15 rA HP 54 INK OEM $ 55.60 137 15 rA IIP 5550 Black Ca ,,dge $ 129.99 $ 1,949.85 138 12 rA I IP 5530 Cyan Ca Wdge $ 129.99 $ 1,559.88 139 12 rA IP 5550 Magenta C cadge $ 129.99 $ 1,559.88 140 12 rA IP 5550 Yellow C cadge $ 129.99 $ 1,559.88 141 12 rA HP 56 BLACK INK I $ 11.99 $ 143.88 142 9 rA HP 56/57 COMBO PACK INK $ 198.00 143 1 rA HP 564XL BLACK INK $ 26.74 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 144 2 , HP 564XL BL /564 CMY INK 4PK 85.54 145 4 r4 JHP 57 COLOR INK $ 29.99 $ 119.96 146 6 r4 HP 60 BLACK $ 12.99 $ 77.94 147 6 r4 HP 60 COLOR $ 15.99 $ 95.94 148 6 r4 HP 61 BLACK $ 138.00 149 7 r4 HP61COLOR $ 175.00 li0 7 EA TONER HEWZ3662A $ 801.85 lit 1 rA HP 72 INKJET CART YELLOW $ 96.64 lie 1 rA HP 74 BLACK INK $ 9.99 $ 9.99 153 16 rA HP 74XL BLACK INK 1, ! $ 302.40 154 21 rA HP 75 TRI COLORINK $ 10.99 $ 230.79 155 12 rA HP 75XL TRI COLORINK $ 246.48 lib 20 rA HP 78 PLUS TRICOLOR INK $ 313.60 157 3 rA HP 78 TRI -COLOR INK $ 25.99 $ 77.97 lib 3 rA HP 78A TONER $ 49.99 $ 149.97 159 1 1A HP 80A LASERJET TONER CART BLK $ 108.75 160 3 1q HP 81 BLACK DYE VALUE PACK $ 843.63 161 1 1q HP 81A CYAN CARTRIDGE HEW07581A $ 89.99 $ 89.99 162 1 rA HP 82 BLACK ! $ 107.90 163 2 rA HP 82 CYAN $ 80.78 - 2 rA HP 82 MAGENTA 7 $ 80.78 165 2 rA HP 82 YELL 7 $ 80.78 166 2 rA HP 85A TONER $ 49.99 $ 99.98 167 5 rA HP 88 XL CYAN INK $ 176.70 168 3 rA HP 88 XL YELLOW INK $ 57.63 169 3 rA HP 88XL BLACK INK $ 69.18 170 4 rA HP 88XL MAGENTA INK $ 81.04 171 3 1A HP 90 BLK PRINTHEADS & CLEANER '. $ 514.56 172 7 rA CLEANER ) $ 1,046.50 173 7 rA $ 174 10 rA OMIT $ _ 175 10 rA HP 901 XL BLACK INK $ 200.00 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 176 12 , HP 901 COLOR each Ma enia an "_ $ 24.99 $ 299.88 179 4 r4 JHP 920XL BLACK $ 12.99 $ 51.96 180 10 rA HP 920XL CYAN $ 12.99 $ 129.90 181 10 rA HP 920XL MAGENTA $ 12.99 $ 129.90 182 10 rA HP 920XL YELLOW $ 12.99 $ 129.90 183 10 rA HP 92298A BLACK TONER $ 38.99 $ 389.90 184 4 rA HP 92298X OEM Di-rd -d ., $ 168.32 185 6 rA HP 94/95 COMBO PACK +. $ 276.18 186 4 rA HP 940 COLOR COMBO PACK INK $ 130.64 187 5 rA HP 940 CYAN OFFICEJET INK CART $ 14.99 $ 74.95 188 7 rA HP 940 MAGENTA OFFICEJET INK C $ 14.99 $ 104.93 189 7 rA HP 940 YELL OW OFFICEJET INK CA $ 14.99 $ 104.93 190 7 rA HP 940XL BLKINK $ 16.99 $ 118.93 191 8 rA HP 95 TRICOLOR -INK $ 10.99 $ 87.92 192 11 rA HP 96/97 COMBO PACK $ 783.75 193 4 rA HP 97 TRI -COLOR INK $ 10.99 $ 43.96 199 2 rA HP 98 BLACK INK $ 9.99 $ 19.98 195 3 rA HP 98 BLACK INK 2 PACK $ 76.92 196 4 rA HP C3909A $ 99.99 $ 399.96 197 2 rA HP C3909A BLACK TONER $ 99,99 $ 199,98 198 1 rA HP C4092A $ 34.99 $ 34.99 199 1 rA HP C4182X CARTRIDGE $ 89.99 $ 89.99 200 1 10 1 rA HP C6602A BLACK INK $ 477.50 201 1 rA HP C7115X BLACK TONER $ 36.99 $ 36.99 202 5 rA HP C9704A DRUM CARTRIDGE $ 89.99 1 $ 449.95 203 2 rA HP C9720A $ 79.99 $ 159.98 204 6 rA HP C9721A $ 84.99 $ 509.94 205 6 rA HP C9722A $ 84.99 $ 509.94 206 6 rA HP C9723A $ 84.99 $ 509.94 207 6 rA HP C9730A $ 129.99 $ 779.94 208 5 rA HP C9731A $ 129.99 $ 649.95 209 5 rA HP C9732A $ 129.99 $ 649.95 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION Unit Price Extended Price 210 5 EA HP C9733A $ 129991 649.95 211 5 EA HP CB436A CARTRIDGE $ 49.99 $ 249.95 212 12 EA HP CB540A $ 49.99 $ 599.88 213 6 EA HP CB541A $ 49.99 $ 299.94 214 6 EA HP CB542A $ 49.99 $ 299.94 215 6 EA HP CB543A $ 49.99 $ 299.94 216 6 EA HP CC530A BLACK TONER $ 55.99 $ 335.94 217 20 EA HP CC531A CYAN TONER $ 53.99 $ 1,079.80 - 17 EA HP CC532A YELLOW TONER $ 53.99 $ 917.83 219 16 EA HP CC533A MAGENTA TONER $ 53.99 $ 863.84 220 18 EA HP CE255A $ 69.99 $ 1,259.82 221 7 EA HP CE255A $ 69.99 $ 489.93 222 4 EA HP CE255X $ 79,99 $ 319.96 223 8 EA HP CE270A 3 $ 1,313.83 224 15 EA HP CE271A 1 $ 2,437.50 225 12 EA HP CE272A 1 $ 1,950.00 226 12 EA HP CE273A _ 1 $ 1,950.00 227 12 EA HP CE320A BLACK TONER $ 57,99 $ 695.88 228 35 EA HP CE321A CYAN TONER $ 59.99 $ 2,099.65 229 28 EA HP CE322A YELLOW TONER $ 59.99 $ 1.679.72 230 28 EA HP CE323A MAGENTA TONER $ 59.99 $ 1.679.72 231 27 EA HP CE390A BLACK TONER CARTRIDG $ 99,99 $ 2,699.73 232 2 EA JHP CE410A $ 75.99 $ 151.98 233 4 EA HP CE411A $ 75,99 $ 303.96 234 4 EA HP CE412A $ 75,99 $ 303.96 235 4 EA HP CE413A $ 75,99 $ 303.96 236 4 EA CARTRIDG $ 45.99 $ 183.96 237 8 EA HP CE505X BLACK TONER CARTRIDG $ 59,99 $ 479,92 238 11 EA HP CE740A BLACK TONER $ 129.99 $ 1,429.89 239 3 EA HP CE741A CYAN TONER $ 159.99 $ 479.97 240 2 EA HP CE742A YELLOW TONER $ 159.99 1 $ 319.98 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY U/M DESCRIPTION I Unit Price 1E.t.nded Price 241 1 EA HP CE743A MAGENTA TONER $ 159.99 $ 159.99 HP CLR LJ 2550 HIGH YLD 242 1 EA CYAN $ 49.99 $ 49.99 HP CLR LJ 2550 HIGH YLD Lai 1 EA MGNTA $ 49.99 $ 49.99 HP COLOR LASER CB542A 14, 1 EA YELLOW $ 49.99 $ 49.99 HP COLOR LASER CB543A 245 4 EA MAGENTA $ 49.99 $ 199.96 4 HPCOLOR LASERJET Las EA CB540A BLAC $ 49.99 $ 199.96 8 HP COLOR LASERJET 247 Eq CB541A CYAN $ 49.99 $ 399.92 4 HP COLOR LASERJET Lae EA CE260A BLACK $ 99.99 $ 399.96 249 5 EA HP COLOR LASERJET CE261A CYAN $ 129.99 $ 649.95 250 3 EA HP COLOR LASERJET CE262A YELLO $ 129.99 $ 389.97 251 2 EA HP COLOR LASERJET CE263A MAGEN $ 129.99 $ 259.98 252 3 EA HP LASER JET CB436 FAM.PRTCART $ 49.99 $ 149.97 253 2 EA HP LASERJET 64A BLACK TONER $ 99.99 $ 199.98 254 5 EA HP LASERJET 02612A CART $ 34.99 $ 174.95 255 2 EA HP 02612A $ 34.99 $ 69.98 256 12 EA HP 02673A MAGENTA TONER $ 79.99 $ 959.88 257 1 EA HP 03960A BLACK TONER $ 49.99 $ 49.99 258 1 EA HP 03964A DRUM $ 156.2, 259 1 EA HP 05942A $ 89.99 $ 89.99 260 10 EA HP 05942X $ 99.99 $ 999.90 261 12 EA HP 05942XD BLACK TONER $ 199.98 $ 2,399.76 HP 06460A BLACK TONER 262 1 EA CARTRIDG $ 99.99 $ 99.99 HP 06470A BLACK TONER 263 4 EA CARTRIDG $ 89.99 $ 359.96 HP 06471A CYAN TONER 26, 8 EA CARTRIDGE $ 89.99 $ 719.92 7 HP 06472A YELLOW TONER 265 EA CART. $ 89.99 $ 629.93 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications Exhibit 1 Proposal Pricing Sheet CITY OF DENTON MATERIALS MANAGEMENT RFP 5200 SUPPLY OF REMANUFACTURED TONER CARTRIDGES *Prices shown in red have been inserted for evaluation purposes only- vendor did not provide a quote for the item. The highest submitted price is used for comparison. Partners Business Products Denton, TX QTY Li DESCRIPTION Unit Price Extended Price 266 6 CA HP 06473A MAGENTA TONER CART. $ 89.99 $ 539.94 267 6 rA JHP 07516A $ 99.99 $ 599.94 268 10 rA HP07551A $ 59.99 $ 599.90 269 8 rA HP07551X $ 69.99 $ 559.92 270 9 rA HP 07553X CARTRIDGE $ 49.99 $ 449.91 271 5 rA C9730A $ 129.99 $ 649.95 272 1 rA LEX 43/44 HI -YLD INK COMBO PK $ 88.48 273 3 rA LEXMARK44 HIGH YIELD BLK INK $ 125.37 271 4 rA JLEXMARK C925 BLACK ! $ 628.00 275 15 rA LEXMARK C925 CYAN 1 $ 3,780.00 276 12 rA LEXMARK C925 MAGENTA ) $ 3,024.00 277 12 rA TONER BOTTLE $ 203.88 278 4 rA LEXMARK C925 YELLOW 1 $ 1,008.00 279 12 rA LEXMARK T640 $ 129.99 $ 1,559.88 280 7 rA LEXMARK T652 $ 225.00 $ 1,575.00 281 5 rA LEXMARK X4975 BLACK $ 749.90 282 2 rA LEXMARK X4975 CYAN . $ 40.00 283 2 rA LEXMARK X4975 MAGENTA $ 40.00 284 2 rA LEXMARK X4975 YELLOW . $ 40.00 285 2 rA OKIDATA 52102001 $ 3.99 $ 7.98 $ 110,005.28 Surety Systems Accurate Forms & Supplies 1 Stop Printing & Office Supply Xpress Business Products Appollo Office Systems Troxell Communications NOTE. An ff r was re ,,-d from CPl One Pont however requests for cl— f-tion did t rccc'vc a rc ponsc and wcr unable to be evaluated. EXHIBIT 2 RFP 4 5200 - EVALUATION MATRIX Title: Remanufactured Toner Cartridges Response Date: 4 -2 -2013 @ 2:00 pm Buyer: Rebecca Hunter Respondents: Ranldng I\Ieets All I\Iin Reqs Evaluation Factors = 100% Total Score Probable Performance 51 o Compliance -,with Specs 1510 Delivery 101 o Price 701 o TIC Express 1 Yes 5 °o 13 °o 10 °0 70 °o 98 % EIS Office Solutions 2 Yes 5'o 13'o 10,0 66° o 94% Dream Ranch 3 Yes 5 °o 15 °o 10 °0 43 °o 73 % Technology Integration Group 4 Yes 5'o 15'o 7° o 43° o 70% Enhanced Laser Products 5 Yes 5 °o 15 °o 5 °o 43 °o 68%0 The Tree House 6 Yes 5'o 10,0 5'o 46° o 66% Advantage Supply 7 Yes 5'o 14° o 5'o 40° o 64% Partners Business Products R Yes 5'o 15'o 10,0 30'o 60% SuretvS \stems, Inc. 9 Yes 5 °o 13 °o 5 °o 35 °o 58 % Accurate Forms and Supplies 10 Yes 5% 15% 5% 33% 58 % One Stop Print and Office Supply 11 Yes 5° o 8'0 4° o 38° 0 55% Zpress Business Products 12 Yes 5% 13 °o 3% 34 °o 55 % Ahhollo Office Systems 13 Yes 5° 0 10° 0 0'0 37° o 52% Trolell Communications 14 Yes 5% 13 °o 1 °0 33% 52% Note: An offer -,vas received from CompuData, however, did not respond to clarification requests. Evaluation Team Members: Technology Services - User Support Rater Utilities Administration Technology Services - Repographics EVALUATION CRITERIA A) Indicators of Probable Performance under contract (FACTOR: 5 %) Indicators of probable performance under the contract to include: past vendor performance, financial resources and ability to perform, elperience or demonstrated capability and responsibility, references, and the vendor's ability to provide reliable maintenance agreements and support. B) Delivery Time Frame (FACTOR: 10 %). The delivery time frame for goods after receipt of order (_a.R.0) D) Compliance with Specifications, Quality, Reliability, Characteristics to Compliance -,with the stated specification(s), coupled with the quality and reliability of the goods and services, such as fitness for use that meets or elceeds customers elpectations, and the characteristics of the product or service that bear on its ability to meet the stated implied needs. D) Price, Total Cost of Ownership (FACTOR: 70 %) The price of the items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. 9/26/20134:42 PM 1 3 -BU -RFP 5200.xisExhibit 2 RFP Evaluation Matrix CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND SUPPLY OF REMANUFACTURED TONER CARTRIDGES (RFP 5200 ) THIS CONTRACT is made and entered into this day of A.D., 20_, by and between TIC Express LLC, whose address is 320 International Parkway, Arlington, TX 76011, 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„ #µS200 _SUPPLY OF I� FM NtJml �TUIt l TONER CAR [ 1�.11it 1"s, a copy of which is on file 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 file, and incorporated herein by reference: (a) City of Denton's RFP 5200 (on file at the office of the Purchasing Agent) (b) Standard Terms and Conditions (Exhibit "A ") (c) Special Terms and Conditions (Exhibit "B ") (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C ") (e) Supplier's Proposal. (Exhibit "D "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." RFP 5200 Page 1 of 19 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 M APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY rol" TIC BY: Title: tre'l", 'i� ................... PHONE NUMBER a2 S& FAX NUMBER CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER Date: RFP 5200 Page 2 of 19 Exhibit A Citv 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 solicitation are applicable to Contracts /Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the 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 Supplier'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. By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to purchase Services to be performed principally at the City's premises or on public rights -of -way. 1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the Solicitation and in the Supplier'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. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier 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 Supplier'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 Supplier 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 Supplier is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Supplier'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 Supplier's, or the Supplier's Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. RFP 5200 Page 3 of 19 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 Supplier shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Supplier 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 Supplier access to the sites where the Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier 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 Supplier's obligations under the contract. The Supplier 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. 10. WORKFORCE A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Supplier, 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 Supplier that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Supplier 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 Supplier 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 Supplier, 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 Supplier 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 Supplier's obligations under this paragraph. Environmental Protection: The supplier 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 Supplier 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 RFP 5200 Page 4 of 19 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 Supplier'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 Supplier'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 Supplier shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Supplier 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 Supplier to such extent as may be necessary on account of: i. delivery of defective or non - conforming deliverables by the Supplier; ii. third party claims, which are not covered by the insurance which the Supplier is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or suppliers, which is not covered by insurance required to be provided by the Supplier; v. reasonable evidence that the Supplier's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi, failure of the Supplier to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii, failure of the Supplier 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 Supplier 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 Supplier. The City shall provide the Supplier 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 Supplier, unless otherwise stated in the contract terms. 15. FINAL PAYMENT AND CLOSE -OUT; RFP 5200 Page 5 of 19 A. If a DBE /MBE /WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier 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 Supplier 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 Supplier, 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 Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Supplier'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 Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier identified Subcontractors in a DBE /MBE /WBE agreed to Plan, the Supplier shall comply with all requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in the Supplier's Plan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Supplier 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 Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier 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 Supplier. 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 Supplier in sufficient time to enable the Supplier 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 Supplier, 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 Supplier is required to indemnify the City. RFP 5200 Page 6 of 19 C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Supplier is responsible for the Supplier'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 Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY- PRICE: A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. B. The Supplier 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 Supplier, or otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like deliverables under similar terms of purchase. 20. WARRANTY — TITLE: The Supplier 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 Supplier shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Supplier 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 Supplier, 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 Supplier 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 Supplier 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 Supplier. The City shall endeavor to give the Supplier 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 Supplier 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 Supplier, and purchase conforming deliverables from other sources. In such event, the Supplier 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 Supplier is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Supplier 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 Supplier 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 Supplier 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 Supplier 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. RFP 5200 Page 7 of 19 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 Supplier 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 Supplier. The City shall endeavor to give the Supplier 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. C. If the Supplier 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 Supplier, and purchase conforming services from other sources. In such event, the Supplier 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 Supplier 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 Supplier. 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 Supplier 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 Supplier will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (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 Supplier's Offer, or in any report or deliverable required to be submitted by the Supplier to the City. 27. TERMINATION FOR CAUSE: In the event of a default by the Supplier, 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 Supplier, 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 Supplier'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 Supplier, the City may remove the Supplier from the City's vendor list for three (3) years and any Offer submitted by the Supplier may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Supplier 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 Supplier, 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 Supplier on any Offer or in any report or deliverable required to be submitted by the Supplier to the City shall be grounds for the termination of the Contract for cause by the City and RFP 5200 Page 8 of 19 may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Supplier 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 Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute an amendment to the Contract. The Supplier 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 Supplier 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 Supplier, 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 Supplier, the Supplier'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 SUPPLIER SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE SUPPLIER, OR THE SUPPLIER'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE SUPPLIER (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 the solicitation document. 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 Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier hereunder and shall not be construed to be a limitation of liability on the part of the Supplier. iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the RFP 5200 Page 9 of 19 subcontractors commencing work on the project. v. The Supplier'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 901E Texas Street Denton, Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Supplier 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 Supplier. xi. The Supplier 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 Supplier 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 Supplier 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 Supplier. 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 Supplier which arises under or concerns the Contract, or which could have a material adverse affect on the Supplier's ability to perform thereunder, the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Supplier. 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 Supplier shall be sent to the address specified in the Supplier's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. RFP 5200 Page 10 of 19 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the Supplier 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 Supplier represents and warrants to the City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Supplier 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 Supplier does not know of any valid basis for any such claims. The Supplier 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 Supplier's breach of any of Supplier'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, Supplier agrees that the City's specifications regarding the deliverables shall in no way diminish Supplier'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 Supplier. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Supplier 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 "). Supplier 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 Supplier (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 Supplier promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Supplier 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 Supplier agrees that upon their creation, such deliverables shall be considered as work made -for -hire by the Supplier 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 Supplier 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 Supplier 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. RFP 5200 Page 11 of 19 C. Additional Assignments. The Supplier 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 Supplier'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 Supplier 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 Supplier 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 Supplier 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 Supplier for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Supplier, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the Supplier 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 Supplier 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 Supplier shall render the Contract voidable by the City. The Supplier shall complete and submit the City's Conflict of Interest Questionnaire (Attachment B). 44. INDEPENDENT SUPPLIER: The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The Supplier's services shall be those of an independent supplier. The Supplier 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 Supplier or any employee of the Supplier, and it is expressly understood that Supplier 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. 45. ASSIGNMENT - DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Supplier 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 Supplier without the prior written consent of the City. Any attempted assignment or delegation by the Supplier 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 RFP 5200 Page 12 of 19 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 the Supplier 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 Supplier 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 Supplier 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 Supplier will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the 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 RFP 5200 Page 13 of 19 provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City New Year's Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year's Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON - SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub - awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non - Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, 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, in addition to the specific federally funded requirements. 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 Supplier, 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 Supplier, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An unmanufactured end product mined or produced in the United States; or RFP 5200 Page 14 of 19 (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Supplier 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 solicitation, 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 supplier or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the supplier. 59. PREVAILING WAGE RATES: All suppliers will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. htLp://www.access.gpo.gov/davisbacon/tx,htni1 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 Supplier 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 Supplier 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: Supplier 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. Supplier is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Supplier's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The supplier 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 supplier shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable for all damages to government - owned, leased, or occupied property and equipment caused by the Supplier and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any RFP 5200 Page 15 of 19 performance pursuant to the Contract. The Supplier 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 Supplier 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 Supplier will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Supplier 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 Supplier 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 Supplier 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 Supplier 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. RFP 5200 Page 16 of 19 Exhibit B Special Terms and Conditions The Quantities indicated on Exhibit D 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. 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 dentonpurchasing _2cityofdenton.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. 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. Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one -year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Price Escalation and De- escalation The City will implement an escalation/de- escalation price adjustment annually. The escalation/de- escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the annually percentage change in the manufacturer's price list. The price adjustment will be determined quarterly from the award date. Should the change exceed or decrease a minimum threshold value of +/ -1 %, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment annually in writing. If no request is made, then it will be assumed that the bid price will be in effect. The supplier must submit or make available the manufacturers pricing sheet used to calculate the bid nronosal. to narticinate in the escalation /de- escalation clause. Total Contract Amount The contract total shall not exceed $300,000. Pricing shall be per Exhibit D attached. RFP 5200 Page 17 of 19 Delivery Lead Time Product or services shall be delivered to the City per the days /weeks noted in Exhibit D after receipt of the order. Training Supplier agrees to provide department training upon request for implementation of contract. RFP 5200 Page 18 of 19 EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entitv This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a USE ONLY pate person who has a business relationship as defined by Section 176.001(1 -a) with a local governmental Received entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? E] Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes F-1 No D. Describe each affiliation or business relationship. _.Signs tu..._ Da... �...... _......�..� . ...�._._.m..... re of person doing business with the governmental to entity RFP 5200 Page 19 of 19 Exhibit D Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal P'rici'ng (FOB DESTINATION); Item # esr.aNNUAL ! Product Description REMANUFACTURED Unit Remanufactured OEM Unit Delivery ARID O.TV UOM Price Yield Price OEM Yield Extended Price (Days) 1 1..... ..._.��.�.. EA :BROTHER 61 BLACK INK � ..�............�� 1.80 500 ......� 523.75 .�.. 500 ....���..�. S 180 1 _.Z.M 10 EA _ ...... BROTHER 51 CYAN INK .. ......... $ 1.80 400 .......�23. $14.95 400 $ 18.00 .. 1 EA BROTHER 51 MAGENTA INK $ 1.80 400 $14.95 400 $ 12.60 1 4 7 EA BROTHER 51 MULTICOLOR INK 3PK S 4.95 1,200 $38.95 1.200 $ 34.65 � ... 1 .�.1 5 3 .... EA BROTHER 51 YELLOW INK $ .��.. 1.80 400 $14 „95 400 S 5 40 1 6 7 EA BROTHER DR200 DRUM $ 23.95 20,000 5180.04 20,000 $ 167.65 1 7 1 EA BROTHER DR500 $ 19.95 _�... 20,000 $157.27 20,000 $ 19.95 1 8 1 EA BROTHER DR510 $ 19.95 20,000 $154.82 20.000 S 19.95 1 9 3 EA BROTHER LC75 BLACK $ 1.95 600 $22.99 600 $ 5.85 1 10 3 EA BROTHER LC75 CYAN $ 1.95 600 600 $ 5.85 1 11 2 EA BROTHER LC75 MAGENTA $ 1.95 600 600 $ 3.90 1 .. 12 2 EA BROTHER LC75 YELLOW $ 1.95 600 1$63.99 600 $ 3.90 13 2 EA BROTHER PC -201 BLACK INK $ 11.95 450 450 $ 23.90 1 14 ........ 3 EA BROTHER TN -250 BLACK TONER $ 4.95 2,200 2,200 S 14 85 1 15 1 EA BROTHER TN -350 BLACK TONER $ 22.00 2,500 2,500 _.. „.. $ 22.00 1 .......... 16 1 EA BROTHER TN360 TONER CARTRID HY $ 22.00 2,600 $60.52 2,600 $ 22.00 : 1 17 ...1.....,�.,m.. EA ..............�.�.. BROTHER TN450 HY BLACK TONER ... �........ $ 16.10 2,600 557.95 2,600 $ 16.10 1 18 3 ....w EA BROTHER TN -460 BLACK TONER $ 16.75 6,000 878.95 ! 6,000 $ 50 25 1 1 19 3 EA BROTHER TN- 5000PF BLACK TONER $ 5.95 2,200 $39.951 2,200 $ 17 85 1 20 2 TN560 $ 18.95 6,500 $90 35 6,500 $ 37.90 1 1 21 2 BROTHER TN570 $ 18.95 6,700 $90 88 6,700 $ 37.90 1 22 5 BROTHER TN620 TONER $ 18.95 3,000 $62.19 3,000 5 94.75 1 23 2 jEABROTHER CANON 104 BLACK TONER $ 18.95 2,000 $75.99 2,000 $ 37.90 1 24 3 CANON BCI -152PK COLOR $ 4.20 '.. 260 $16.00 260 S 12 60 1 25 1 CANON BCI -15 BLK INK CART 2PK $ 3.95 2,000 $16 75 2,000 _ ..... $ 3.95 1 26 2 EA BCI -16 COLOR INK 2PK CANON 4.95., $ 4.95 560 $24.99 560 $ 9.90 1 27 2 EA CANON CLI -6 MULTICOLOR INK 4PK $ 8.25 1,120 $51.50 1,120 $ 16.50 1 28 1 EA CANON 835 $ 15.95 3,500 $126.75 3,500 $ 15.95 1 .. 29 Z. EA .... CRTDG,HP LJ4600 BK ...,.. _ 38.SOIT... 9,000 $174.91 ........ 0 9,000 $ 77.00 A EA _... .....�� 8,000 $ 38.50 _.... 1 " "" 301 1 EA CRTDG,HP LJ4600,MAN .. $ 38.50 .. $234.14 ...„ 8,000 $ 38 50 1 32 1 EA CRTDG,HP LJ4600,YW $ 38.50 8,000 ...�... $234.14 8,000 $ 38.50 1 33 _ 1 EA CTRG,TONER,5MI VR,YELLOW ... . "$ 13.50 1,400 $79.99 1,400 00 $ 13.50 1 _.. 34 22 EA C7RG,TONER µCMR3C MAGENTA $ 13.50 1,400 $42.99 1,400 $ 29700 35 10 EA CTRG.TONER,PDVTW,CYAN $ 13.50 1,400 $42.99 1,400 S 256.50 1 36 20 _ EA DELL 1110 BLACK TONER $ 18.00 2,000 $65.99 2,000 $ 360.00 1 37 7 EA DELL 1130 BLACK $ 33.00 2,500 $85.99 2,500 $ 231.00 1 38 5 EA DELL 12300 CYAN TONER CARTRIDG $ 29.95 1,000 $55.99 1,000 S 149.75 1 39 1 EA DELL 12300 MAGENTA TONER CARTR $ 29.95 1,000 S49.991 1,000 $ 29.95 1 40 1 EA DELL 1230C YELLOW TONER CARTR $ 29.95 1,000 $49.991 1,000 $ 29.95 1 41 1 EA DELL 123oC/1235CN BLACK TONER $ 29.95 1,500 $49.991 1,500 $ 29.95 1 42 2 EA DELL 1320 BLACK TONER $ X6.75 2,000 $45.99 ,1„ 2,000 - ..- $ 13.50 .......... _. .... _. .... __ 1 43 27 EA DELL 1320 CYAN TONER $ 6.75 2,000 $63.99 2,000 S 182.25 1 qq 25 EA DELL 1320 MAGENTA TONER $ 6.75 2,000 ...wawa $63.99 2,000 $ 168.75 1 - 45 26 EA 1DELL 1320 YELLOW TONER S 6.75 ..�. 2,000 563.99 2,000 $ 175.50 1 46 26 EA B DELL 1700 LACK TONER 6K 8 19.95 $ 6,000 $120.99 _ „ 6,000 $ 558.60 1 47 .0 7 ..... EA mmIT " " "" (DELL 1710 DRUM .. $ 25 25 30,000 $47.99 30,000 $ 176.75 1 48 5 DELL 1710 TONER $ 19.95.., G 6,000.. $120.99 6,000 $ 99.75 1 „m�mm49 20 EA i DELL 1720 BLACK TONER HI YIELD �Tmm_ $ 19.95 " „ "" 6,000 $117.99 6,000 S 399.00 1 4 EA DELL 1720 CARTRIDGE $ 19.95 6,000 $117.99 6,000 S 79.80 1 51 15 EA DELL 1720/172ON IMAGING DRUM $ 23.85 30,000 $47.99 ..... 30,000 S 357.75 1 _ 52 - a ,.....__ ........ EA .....m.. .......... DELL 2130CN/2135CN BLACK TONER - - -. ..........,..,_ $ 8.95 ._ 2,500 $70.99 2,500 $ 7160 1 - 53 2 EA ................._... ......_.. DEL . 8.95 „$97.99 2,500 ... $ 17.90 1 54 2 EA DELL 2130CNI2135CN MAGENTA TON $ 8.95 2,500 $97.99 1500 $ 17.90 1 55 2 EA DELL 2130CN/2135CN YELLOW TONR $ 8.95 2,500 $97.99 24500 S 17.90 1 56....., 2 EA DELL 2MMJPI113X BLACK TONER $ 28.75 ..„....., 2.500 �.....,., ._.. „.�. $85.99 ...„,. 2;.500 S 57.50 1 57...,.. _ 4 EA DELL . ........._ . .............. 3110CN CYAN TONER .. -_.,. $ 58.50 8.000 $123.99 8;000 S 234.00 1 ._... 58 EA EN TA TONER DELL 3110CN MAGENTA $ 58 50 8.000 $123.99 8. 000 S 351.00 1 59 .6 ... 6 EA DELL 3110CN/MAGEN TONER $ 58 50 8,000 $81.99 8 000 $ 351.00 1 60 7 EA _ DELL 3110CN/3115CN YELLOW TON $ 58.50 �,...._- 8,000 $123.99 8,000 S 409.50 1 61 s EA DELL 313oCN BLACK TONER CART _ $ 63.50 .... 9,000 $138.99 9,mm000 $ 381.00 16 Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal Pricing (FOB DESTINA`CiON): Item # Product Description REMANUFACTURED Unit Remanufactured OEM Unit Delivery ARID �A.INUAI Y UOM Price Yield Price OEM Yield Extended Price (Days) 62 EA IDELL 3130CN CYAN TONER CART $ 63.50 9,000 _ __._S252.99 9,000 $ 190.50 50 1 63 4 EA DELL 313OCN MAGENTA TONER CART $ 63.50 9,000 $25_2.99 9,000 $ 254.00 1. 64 4 . .. EA DELL 313OCN YELLOW TONER CART .........._._. .. $ 63.50 9,000 $252.99 9.000 ............. $ 254.00 1 .. 65 3 EA DELL 3330 BLACK _ $ 54.95 _.._.... 7,000 $210.00 7.000 $ 164.85 1 66 2 EA DELL 3330 CYAN $ 54.95 7,000 $210.00 7,000 5 109.90 1 67 2 EA DELL 3330 MAGENTA $ 54.95 7,000 ....... $210.00 7,000 $ 109.90 1 68 2 EA DELL 3330 YELLOW $ 54.95 7,000 $210.00 7,000 $ 109.90 1 69 2 EA .. .................. DELL 4R4G5 BLACK TONER $ 19.95 .__.... 2,000 $65.99... 2,000 .0 $ 39.90 1 70 4 EA DELL 5100 TRANSFER ROLLER $ 37.99 35,000 $106.99 35.000 $ 151.96 _ ........._ 1.9 71 1 EA DELL 5100/5116CN IMAGING DRUM 5 84.95 35,000 $165.99 354000 $ 84.95 1 72 2 EA DELL 511OCN BLACK TONER 1BK $ 30.99 10,000 $58.99 10,000 $ 61.98 1 73 12 EA DELL 5110CN CYAN TONER $ 29.50 8,000 $183.99 8,000 74 10 EA DELL 511oCN MAGENTA TONER $ 29.50 8.000 $183;99 8,000 $ 295 00 1 75 a EA DELL 511OCN YELLOW TONER $ 29.50 8,000 $183.99'' 8,000 ...... $ 236.00 1 76 9 .. EA . . ... DELL 520ON BLACK TONER 18K $ 38.95 18,000 $231.99 18,000 w $ 350,55 mmmmmmmmITIT 1 77 9 EA DELL 5210/5310 CARTRIDGE $ ........_ 38.95 21 000 $231.99 21,000 $ 350.55 1 78 10 EA DELL DV16F BLACK TONER CARTRID $ 13.50 2,000 $54.99 2,000 $ 135.00 1 79 25 EA DELL H69YG MAGENTA TONER $ 13.50 1,400 $64.99 1,400 5 337.50 1 80 4 EA DELL HD767 $ 38.95 21,000 $23199 21,000 $ 155.80 1. 81 1 EA DELL NY313 BLACK TONER CARTRID $ 71.65 20,000 $205.99 20.000 $ 71.65. 1 82 2 EA DELL PD974 BLACK TONER $ 38.95 21,000 $231.99 21,000 _ $ 77.90 1 1.. g3 1 EA DELL PK941 BLACK TONER _ ...... $ 50.00 6,000 .._ .. _3.9 $113.99 6,000 5 50 00 1 84 2 �. EA DELL RY855 MAGENTA TONER ._. $ 12.25 2,000 $66.99 2,000 - ...... $ 24.50 1 85 -.. 3 EA DELL 52500IS250ON BLACK TONER $ �. 59.99 10 000 $160 99 10,000 _ 179.97 $ 17 1 .._ 86 .. 1 EA ...___ DELL YPXYB CYAN TONER $ 13.99 1,400 ......... $64.99 � ........ 1,400 $ 13.99 ...95.804. 1 87 ....... 4 EA .... DRUM BROTHER DR 400 $ ....� 23.95 20,000 $136.99 20,000 $ 1 88 2 EA EPSON 68 TRI CLR HIGH CAP 3 PK $ 14.98 1,050 $50.99 S,OSO $ 29.96 1 89 2 EA EPSON 98 BLACK CARTRIDGE $ 6.25 ITITmmmIT 545 $18.991 45 5 12.50 1 .... ..........._ 90 1 .... EA EPSON T048920 MULTI INK 5PK $ 18.50 2,150 ....... $69.991 2,150 $ 18.50 1 .. 91 _. 1 ....� EA .......� EPSON T060120 -BCS COLOR 4 /PACK .... $ 12.50 1,600 ITITm�� $62.49 1,600 $ 12.50 1 92 1 EA EPSON T060120 -D1 2 PACK BLACK _ $ 6.00 - 900 541.491, ,- - _ _ - - - -- 900 $ 6.00 1 93 1 EA . ......... EPSON T069120 BLACK 2PK INK $ 6.00 ........ .. 900 $41.49 900 $ 6.00 1 94 2 EA HP 02 BLACK INK $ 3.90 660 $21.99 660 $ 7.80 1 95 3 EA HP 02 COMBO PACK $ 7.80 1,320 $39.99 1,320 $ 23.40 _ . 1 _�� _ 96 1 EA ..............._ HP 02 CYAN INK _ $ 3.90 400 $11.99 I, 400 $ 3 90 1 97 mmmmmITIT� 3 EA ....... HP 02 MAGENTA INK $ 3.90 370 $11.99 370 $ 11.70 1 98 3 EA HP 02 YELLOW INK $ 3.90 490 $11.991, 190. $ 11,70 IT� 1 99 _. .3 EA HP 10 BLACK CARTRIDGE $ ITITIT 3.90 11.70 1 100 IT GE 15 mm$ _ Z EA .__ HP 11 CYAN CARTRIDGE $., . 50 1.050 .$41.99 A 1,050 66.00 1 102 6 EA HP 11 MAGENTA CARTRIDGE $ 5.50 1,750 $41.99 1,750 $ 33.00 1 103 6 EA HP 11 PRINTHEAD BLACK $ 29.95 16,000 $41.99 16,000 $ 179.70 1 EA MAGENTA $ 29.95 24,000 $41.99 24,000 $ 119.80 _W..... 1 105 .._ 4 WWWWWWWWW _E 'A H 1 P,RI NTHEAD _P1 YELLOW 5 29.95 .._ 24,000 $41.99 24,000 $ 29.95 1 WWWWWWWW .... C HP 1 -YELLOW CARTRIDGE ......�,�,_. - ....... $4199 1,750 mm $ 5.50 1 _.. 107 .... EA HP 1100 C4092A ....._ ..... $ 12.95 ..................,. 2,500 $73 99 2,500,,, $ 12.95 1 108 1 EA HP 124A BLACK TONER WW ITIT $ 27.50 2,500 $81.99 2,500 $ 27.50 1 mmW109 .. 1 EA HP 124A CYAN TONER $ 27.50 .� 2,000 $81.99 mm 2,000 $ 27.50 1 110 1 EA HP 131X BLACK LASERJET TONER $ 38.50 ........... 2,400 $83.99 2,400 �.... ..� $ 38.50 1 111 1 EA HP 21 BLACK INK 2PK $ 12.70 ....... 190 $28.99 190 $ 12.70 1 112 .... 1 EA HP 21/21/22122 QUAD PACK $ 40.50 .w 710 $65.99 710 $ 40.50 1 ww_ 113 1 EA HP 21/22 BLACK/COLOR INK 2PK $ 20.10 355 $34.99 355 $ 20.10 1 114 ..m..„ 1 .. _ EA . .... HP 22 TRICOLOR INK mmIT. $ 133.75 165 $2199 165 $ 13.75 1 115 2 EA HP 2600 Black Q6000A $ 27.50 2,500 $81.99 $81.99 2,500 $ 55.00. 1 116 B . EA HP 2600 Cyan 06001A $ 27.50 2,000 _....... _ $81 99 ....... 2,000 $ 220.00 1 11 . 7 117 5 EA HP 2600 Magenta g6003A $ 27.50 2,000 $81.99 2,000 $ 137.50 1 118.. 5 EA HP 2600 Yellow 06002A $,mmmm 27,50 2,000 $81.99 2,000 $ 137.50 1 119 .. mmIT 5 - EA HP 27 BLACK INK $ 6.55 280 $39.99 280 $ 3235 ........ 1 120 4 EA _K. T . . ........... HP 305A BLACK TONER _ .._.�. .,...... $ 28.50 2,200 _..._.........�,. $80.99 _.. 2.200 5 114 00 _ 1 _...... ..... _. 121 _ 2 EA HP 305A CYAN TONER $ 28.50 2,600 $80 99 2;600 $ 57.00 1 122 1 EA HP 305A MAGENTA TONER 28.50 2,600 $80.99 2,600 $ 28.50 1 123 2 EA _...... HP 305A YELLOW TONER $ 28.50 2,600 $80 99 2,600 $ 57.00 1 124 2 EA HP 3600 CYAN 06471A _ $ _ 38.75 4,000 $135.48 4 000 .,...... $ 77.50.. 1 125 4 EA ........ ......_ HP 3600 MAGENTA Q6473A $ 38 75 ...... 4,000 .w...._...��.. $135.48 4,000 $ 155.00 _ _... 1 Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal Pricing (FOB DESTIN VON): Item # 'EST.ANNUAL Product Description REMANUFAMMED Unit Remanufactured OEM Unit Delivery ARO CITY UOM Price Yield Price OEM Yield Extended Price (Days) _....... 126 4 EA .._........ ._.... ..... HP 3600 YELLOW 06472A $ 38.75 4,000 $135.48 4,000 $ 155.00 1 127 4 EA HP 38A (Q1338D) TONER CART $ 25.95 12,000 $153.90 12.000 S 103.80 1 128 2 EA ........ .. ......_ .. HP 4000 C4127X $ 17.95 10,000 $148.00 10.000 S 35.90 1 129 4 EA IHP 4100 c6061X 1 10 $00 10,000 $ 75 80 1 130 10 EA HP 45 BLACK INK $ 5.00 930 $35.79 ! 930 $ 50.00 1 131 8 1 EA 'HP 4730 06460A BLACK $ 48.50 12,000 $143.80 12,000 $ 388.00 1 �..1 ... .. 132 4 EA '.HP 4730 06461A CARTRIDGE $ 48.50 12,000 $294.31 12,000. $.... 194.00 133 4 EA HP 4730 06462A YELLOW $ 48.50 12,000 $294.31 12,000 $ 194.00 1 134 4 EA HP 4730 06463A MAGENTA $ 48.50 12,000 $294.31 12,000 ,......_......_.�.. $ 194.00 1 135 4 HP 54 $ 9.95 9.9 600 $36.99 600 $ 39.80 1 �., 136 15 EA HP 54 INK OEM $ 9.95 600 $36.99 600 ................ S 149.25 1 . 137 15 EA ._ HP 5550 BLACK CARTRIDGE $ 60.50 13,000 $238.00 13,000 $ 90T50 1 - 138 ......... 12 EA HP 5550 CYAN CARTRIDGE �.... S 60.50 12,000 $328.99 12,000 $726.00 1 39 12 EA HP 5550 MAGENTA CARTRIDGE $ 60.50 12,000 $328.99 _ 12,000 �....... $ 726.00 1 140 ....... 12 EA ...._.w. HP 5550 YELLOW CARTRIDGE 5 60.50 12,000 5328.99 12,000 $ 726.00 1 141 12 EA HP 56 BLACK INK 6.35 520 S25.99 µµWW 520 $ 76.20 1 142 -...9 ........EA .... , 7 COMBO PACK -INK HP 56/5 - .s ............. $ 20.05 .,.�.._ ........� 920 $63 99µ 920 ..._.. $ 180.45 1 143 1 EA HP 564XL BLACK INK $ 6.75 250 $22.99 250 1 S 6.75 1 144mm 2 EA IHP 564XL BLK/564 CMY INK 4PK $ 27 00 '� 2,350 $49.99 _. 2,350 $ 54.00 1 a._.� 145 ............... 4 � EA HP 57 COLOR INK S 13.75 I_ ... 400 $ 55.00 1 146 6 EA ••••• HP 60 BLACK 10.50 � 200 $14 99 _.... 200 $ 63.00 1 147 6 EA HP 60 COLOR $ 11.50 165 $19.99 165 $ 69.00 1 148 6 EA HP 61 BLACK $ 14.00 480 $14.99 480 $ 84.00 . 1 149 7 EA HP 61 COLOR _ $ 15.75 330 $19.991, 330 $ HE i5 i55 1 I 150 7 EA IHP 62A YELLOW HIGH YIELD TONER HEWZ3662A $ 23.50 4,000 $106.25 4,000 $ 164.50 1 151 1 EA HP 72 INKJET CART YELLOW $ 48.95 130 ML $71.99 130 ML $ 48.95 1 152 1 EA iHP 74 BLACK INK $ 5.85 200 $15.99 200 $ 5.85 1 153 16 EA HP 74XL BLACK INK $ 6.85 750 $15.99 750 $ 109.60 1 154 21 EA HP 75 TRICOLOR INK S 6.15 170 $20.99 170 1 $ 129.15 1 155 12 EA HP 75XL TRICOLOR INK $ 7.50 520 $44.99 520 $ 90.00 1 156 20 EA HP 78 PLUS TRICOLOR INK $ 13.00 450 $49.99 450 $ 260.00 1 157 3 EA HP 78 TRI -COLOR INK 13.00 450 $66.99 450 S 39.00 1 158 3 EA _ HP 78A TONER $ 12.95 2,100 $74.99 2,100 $ 38.85 1 159 1 EA HP 80A LASERJET TONER CART BLK $ 22.85 2,700 $99.99 2,700 $ 22.85 1 160 3 EA HP 81 BLACK DYE VALUE PACK $ 49.95 1,000m mmm $699.95 1,000 00 $ 149.85 1 161 1 EA HP 81A CYAN CARTRIDGE HEWQ7581A $ 39.50 6,000 $171.99 6,000 $ 39.50 1 162 1 EA HP 82 BLACK S 1635 169ML $43.99 69ML $ 16.75 1 163 2 EA ...... HP 82 CYAN S_....... 14.75 69ML S43.99...� 69ML $ 29.50 1 164 2 HP 62 MAGENTA $ 14.75 69ML $43.99 69ML $ 29.50 1 165 2 HP B2 YELLOW $ 10..75 69ML $43.99 69ML $ 29.50 .. - - - - -- - 1 -.. 166 2 _ HP 85A TONER $ 12.50 1,600 $68 99 1,600 $ 25.00 1 _...._ S F ......... HP B8 XL CYAN INK $ 4.50 2,400 $27 99 2,400 $ 22.50 1 168 3 HP B8 XL YELLOW INK $ 4.50 1,700 $27.99 1,700 $ 13.50 1 169 3 HP 88XL BLACK INK $ 4.50 1,700 $27.99 1 700 $ 13.50 1 170 4 HP 8BXL MAGENTA INK $ 4.50 .... ._.,, .. 1,700 $27.99 ........_� 1,700 S 18.00 ....... . - �-- ......- 1 171 3. _..EA HP 90•BLK P .�.��...._. RINTHEADS &CLEANER $ 137.95 PRINTHEAD 5174.99 PRINTHEAD $ 413.85 '.. 1 172 7 EA HP 90 CLRPRINTHEADS &CLEANER $ 137.95 PRINTHEAD $174.99 PRINTHEAD $ 965.65 1 173 _ 7 EA ;OMIT OMIT 174 10 EA (OMIT OMIT 175 10 EA HP 901 XL BLACK INK $ 11.85 700 $15.99 700 $ 118.50 1 176 12 EA HP 901 COLOR $ 14.25 • ... 360 $29.99 360 $ 171.00 • 1 177 10 EA HP 920 BLACK OFFICEJET INK CAR ........... $ 8.25 420 $31.99 420 420 S 82.50 S 1 178 4 EA HP 920 COMBO PACK INK $ 14.95 1,900 $27.99 1,900 S 59.80 . 1 179 4 EA HP 920XL BLACK $ 8.25 1,200 $31.99 . 1,200 5 33.00 1 180 10 EA YAN HP 920XL CYAN ._.� 6.70 _.. _.. 700 $14.99 700 ........�........�. $ 67.00 1 g1 182 __. 10 EA HP 920XL MAGENTA ...._ 6.70 $1499 700 $ 67.00 1 1 10... ����_ EA ITITITITIT HP 920XL YELLOW ...._.......... S.,_,_. •• 6.70 .....,,., ..,...._. 700 $14 99 .... 700 $ 67.00 1 183 10 EA HP 92296A BLACK TONER $ 12.25 6,800 $130.95 6,800 $ 122.50 1 184 4 EA HP 92296X $ 13.25 8,800 $130.95 8,800 S 53.00 1 185 6 EA HP 94/95 COMBO PACK $ 9.95 710 $52.99 710 S 59.70 ___ ........m.m 1 186 4.... ..._ EA HP 940 COLOR COMBO PACK INK $ 24.50 4,200 ....W_....... $59.95 4,200 ....._ S 98.00 ....,.........� 1 187 .._..�.......... 5 EA - ............. ........�. HP 940 CYAN OFFICEJET INK CART ........ $ 8.00 1,400 $20.991 1,400 S 40.00 ..... 1 188 7 EA HP 940 MAGENTA OFFICEJET INK C $ 8.00 1,400 $20.99 1,400 $ 56.00 _ 1 189 7 EA HP 940 YELLOW OFFICEJET INK CA $ 8.00 1,400 $20.99 1,400 $ 56.00 1mm ........ Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal Pr clrig (FOB DESTINA,rm)N Item # EST. ANNUAL Product Description REMANU FACTORED Unit Remanufactured OEM Unit De w Delivery ARID 4ry UOM Price Yield Price OEM Yield Extended Price (Days) ...� 190 7 EA HP 940XL BLK INK .... $ 8.00 2,200 $26.99' 2,200 S 56.00 1 191 6 EA HP 95 TRICOLOR -INK ........ $ 5.15 450 .. $25.99 450 $ 41.20 1 192 _.a... 19 EA HP 96/97 COMBO PACK $ 9.75 ..... 1,420 $73.99 1 1,420 , 420 S 107.25 1 93 4 EA HP 97 TRI -COLOR INK $ 4.90 560 $43.99 560 ..��_.. 5 19.60 1 .....�.. 194 _ 2 EA HP 96 BLACK INK '.. S 4.80 420 $25.99 420 $ 9.60 1 195 3 EA HP 98 BLACK INK 2 PACK $ 9.60 840 S46.99 840 $ 28.80 1 196_ 4 EA HP C3909A S 27.95m 15,000 $229.95 15.000 S 111.80 1 197 2 EA HIP C3909A BLACK TONER $ 27.95 15,000', $229.95 ..... 15,000 .. $ 55,90 1 198 1 EA HP C4092A $�IT 12.95 ... 2,500 $74.99 2,500 $ 12.95 1 199 1 EA HP C4182X CARTRIDGE $ 34.25 20,000 $212.95 20,000 S 34.25 1 200 10 EA HP C6602A BLACK INK $ 9.95 700,000 $19.79 700,000 S 99.50 1 201 1 EA HP c7195X BLACK TONER $ 13.25 3,500 - $84 61 3,500 $ 13 25 1 202 5 EA ...... HP C9704A DRUM CARTRIDGE $ 38.50 20,000 $191.99 20,000 WW1 ITmm $ 192.50 1 203 2 EA HPC9720A 5.,, 38.50 9,000 - -.... 175 99 91000 $ 77.00 1 204 6 EA HP C9721A $ 38.50 8,000 $23499 8,000 LW $ 23100 1 ...���� 205 6 EA HP C9722A ................. $ 38.50 8,000 $234.99 8,000 S 231.00 1 206 6 EA HP C9723A $ 38.50 8,000 $234.99 8,000 S 231.00 ....... 1 207 5IT EA $ ..... 1 _..� "� 208 6 EA HP C9731A HP $ 60 50 12,000 5328 99 $328.99 12 000 $ 302 50 1 209 5 ...._. EA H C9731A $ 60.50 12 000 1 328 99 w32....9 12,,000 0 $ 302.50 IT� 1 210 6 EA HP C9733A 60 50 12,000 ..� $328 99' 12,000 $ 302 50 211 5 EA ' ......3 HP CB436A CARTRIDGE $.._ 12.95 2,000 $77 99 ....... ww mmm 2,000 $ 64.75 1 212 12 ........ EA _ .. HP CB540A $ ............. _ z6.sa _.... z,2oo $78.99 2 ,200 18 00 $ 318.06' 1 213.... 6 EA H P CB54M 1 214 ... 6 EA _._ ... . _. HPCB542A S 26.50 1,400 $7i 99 1,400 S 159.00 .00 1 215 6 EA HP CB543A S 26.50 1,400 $7139 1,400 $ 1m 59.00 1 216 6 EA HP CC530A BLACK TO $ 26.50 3,500 $114.95 3,500 $ 159.00 1 217 20 EA HP CC539A CYAN TONER $ 26 50 2,800 S112.95 2,800 . $ 530.00 1 218 17 EA .„ HP CC532A YELLOW TONER $ 26 50 2,800 .... $112.95 mm 2,800 $ 450.50 1 219 16 EA HP CC533A MAGENTA TONER $ 26.50 2,800 $112.95 2,800 $ 424.001 1 220 16 EA HP CE255A $ 23.75 - ,.,. 6,000 $132.99 6,000 _ ... S 427.50 1 -. .....,... '',... 221 ... 7 EA ._..... HP CE255A $......._,_. .......�.,. 23 23 75 6,000 $132,99 6,000 $ 166.25 .. 1 222 _. 4 EA HP CE255X _ .._ ......_- ... ...._$ 12,500 $ 107.00 1 223 6 EA ._..._ _ HPCE271A $ 103.50 13,500 $20195 219 95 13,500 $ 828.00 1 224 15 EA HP CE271A $ 10350 mmm^^^mm 13,000 $349.95 13,000 $ 1,552.50 1 225 92 EA HP CE272A ..._ ._ $ 103.50 13.000 $349.95 _ ..W 13;000 $ 1.242 00 1 226 12 EA HP CE273A $ 103 50 13,000 349 95 13,000 1 00 1 227 12 EA ._ E TONER HP CE320A BLACK $ 25.50 2,000 S68.95 2,000 306 00 1 228 35 EA . HP CE321A CYAN TONER S 25.50 1,300 566.95 1,300 S 892 $ � .............. 50 __ 1 229 26 EA ......._.�_,...... HP CE322A YELLOW TONER S 25.50 1,300 566.95 1,300 $ 714.00 1 230 26 EA HP CE323A MAGENTA TONER $ 25.50 1,300 $66.95 1 300 S 714.00 1 231 27 EA HP CE390A BLACK TONER CARTRIDG $ 25 75 10,000 $i54.95 10 000 $ 695.25 1 232 2 EA HP CE410A $ 28.35 2,200 $82.99 2,200 $ 56.70 1 233 4 EA HP CE411A $ _ 28.35 2,600 _. .. $113.95 2,600 S 113.40 1 ........ 234 4 EA HP CE412A S 28.35 2,600 ..... $113.95 2,600 $ 113.40 mmmmmm 1 235 4 EA HP CE413A _ $ 28.35 2,600 5113.95 2,600 $ 113 .40 1 236 4 EA HP CE505A K T BLACONER CARTRIDG ....... ._ $ 14.25 2 300 $85.95 2,300 $ 57.00 1 237 6 EA HP CE505X BLACK TONER CARTRIDG $ 17.25 6,500 $147.9.5 6,500 $ 138.00 1 298 11 EA HP CE740A BLACK TONER ........ 69 50 7,000 $139.95 7,000 $ 764.50 1 239 3 EA HP CE741A CYAN TONER S ... 7 300 $235 95 7,300 $ 220.50 �- 1 . 240..._ 2 ..... EA ....._. HP CE742A YELLOW TONER_......m.- _73.50 $ 3.50 7 300 ....._ _,_._...� $23s.95 .,....._, 7,300 $ 147.00 ............ 1 241 1 EA ._..�. HP CE743A MAGENTA TONER 5 73.50 .,......... 7,300 $235.95 7,300 $ 73 50 1 242 1 EA ............ HP CLR LJ 2550 HIGH YLD CYAN $ 23.50 4,000 $106.95 4,000 $ 23.50 1 243 1 EA HP CLR LJ 2550 HIGH YLD MGNTA $ 23.50 4,000 $106.95 4,000 $ 23.50 1 244 EA ........... HP COLOR LASER CB542A YELLOW ...... $ 26 50 ^ _ $7199 1,400 $ 26.50 .. 1 LL 245 4 EA HP COLOR LASER CB543A MAGENTA IT 26 50 1 400 $7199 1,400 $ 106 00 1 246 4 EA HP COLOR LASERJET CB540A BLAC 26.50 2,200 $78.99 2,200 S 106.00 1 247 6 ... ".. EA T CB541A CYAN .._�.... HP COLOR LASERJET 26.50 .... ... 1,400 $71.99 $71 1,400 $ 212.00 1 ..... ..... 248 4 EA nnnmITITITmIT T CE260A BLACK HP COLOR LASERJET 49 50 8 500 ..00 .14495 � •_,... $ 198.00 . ... 1 ....249..... 5 EA 'HP COLOR LASERJET CE261A CYAN CY 49 50 L 11,000 5249 95 11,000 S 24750 1 250 3 EA IHP COLOR LASERJET CE262A YELLO 49.50 11,000 $249 951 11,000 $ 148 50 1 251 L. R LA W. 12,000 557719 12,000 $ 99.00 1 252 3j EA HP LASER JETSCB436 AM PRTCARTN 12.95 � $ 38.85 1 253 2 EA HP LASERJET s4A BLACK TONER 26.95 10,000 $154.95 10,000 $ 53.90 1 Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that is p alai within the time perle)d indicated below. Pavment Terms Additional Discount% Invoice Paid in 20 days Invoice Paid in 15 days Invoice Paid in 10 days 0.0 0 "NOTE: PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED FOB DESTINATION. Respondent's Name: TIC Express, LLC RFP 5200 - Pricing Sheet for SUPPLY OF REMANUFACTURED TONER CARTRIDGES The respondent shall complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format. Product Proposal Pricing (FOB DESTINATION). tea Item # I,EST.ANNUAL Product Description REMANUFACTURED Unit Remanufactured OEM Unit DeliveryARO QTY UOM Price Yield Price OEM Yield Extended Price (Days) 254 6 EA HP LASERJET Q2612A CART $ 12.50 2,000 $77.19 2,000 $ 62.50 1 255 2 EA HP Q2612A $ 12.50 2,000.... 577.19 2,000 25.0 $ 25.00 1 I _......� 256 �.......... 12 EA HP Q2673A MAGENTA TONER $ 34.75 .......... 4,000 ...... $135.95 4.000 _ ........_..._... $ 417.00 1 257 ...... 1 EA HP Q3960A BLACK TONER $ 23.50 51000 $90.95 5,000 S 23.50 1 258 1 EA HP Q3964A DRUM S 39.25 20,000 $182.95 20,000 .. ._. 1 ._ 259 ..... 1 EA . .... HP Q5942A _. S 28.75 10,000 ... ......., $149.05 10,000 $ 28.75 260 10 EA HP Q5942X _ $ 30.00 20,000 $218.95 20,000 $ 300.00 1 261 12 EA HP Q5942XD BLACK TONER $ 57.50 40,000 $390.95 40,000 $ 690.00 1 _. 262 1 EA HP 06460A BLACK TONER CARTRIDG $ 48.50 12,000 $143.95 12,000 S 48.50 1 .. 263 .._ 4 EA ............... HP Q6470A BLACK TONER CARTRIDG $ 39.25 6,000 $133.79 6,000 , $ 157.00 1 - ,.,,,mm EA - - -. -u. HP Q6471A CYAN TONER CARTRIDGE R^^� ..._., $ 39.25 - ....... 4,000 $ 135.95 4,000 9 314.00 1 265 7 EA HP Q6472A YELLOW TONER CART.. $ 39.25 " ".__...... 4,000 $135.95 4,000 S 274.75 �ITmmm 1 ..�m 266 6 EA HP Q6473A MAGENTA TONER CART., $ 39.25 4,000 ',. $135.95 4,000 S 235.50 1 67 6 EA HP Q7516A $ 26.95 12,000 $183.95 12,000 $ 161.70 1 268 10 EA HPQ7551A 6,500 L�....._ $13199 6,500 $ 179.50 1 269 6 EA HP Q7551X S 23 95 13,000 211 52 $mmm 13,000 $ 191.60 1 270 9 EA HP Q7553X CARTRIDGE .......... $ _ 16.95 7,000 $ 15015 7,000 $ 152.55 1 271 6 EA HP645A BLACK TONER CART C9730A $ 60.50 .._....�- 13,000 $238.95 ....,.,. 13.000 ,.__ ....._ $ 302.50 .. 1 ,.�.., ". 272 1 - -_ EA _.._.. :LEX .....�... .�..._..._.. 43/44 HI -YLD INK COMBO PK ..._. .............. $ 26.98 890 $63.49 890 $ 26.98 1 273 3 EA LEXMARK 44 HIGH YIELD BLK INK $ 15.49 350 $39 99 350 S 46.47 - - - " "„ 1 274 4 �..� EA LEXMARK 0925 BLACK ...... ^ S 110.25 ., 8,500 $139.95 ... 8,500 $ 44100 1 275 15 EA "mITmmmI LEXMARK C925CYAN _..._ $ 115.95 7,;500 $22995 7,500 $ 1,739.25 1 276 2 EA !LEXMARK 0925 MAGENTA $ 115.95 7,500 $229.95 7,500 $ 1,391.40 1 277 12 EA - .............. .. . LEXMARK C925 WASTE TONER BOTTLE 16.99 30,000 ' $20 99 30,000 $ 203.88 1 278 4 .. EA 11 !LEXMARK C925 YELLOW $ 115.95 7,500 $229.95 7,500 $ 463.80 1 279 12 EA LEXMARKT640 $ 3795 21,000 $231.99 21,000 $ 455.40 1 280 7 EA LEXMARKT652 $ 64.95 25,000 $149.99 25,000 $ 454.65 1 5 - LEXMARK X4976 $ 15.49 890 $22 99 890 S 77.45 1 282 - -- 2 EA N LEXMARK X4976 CYAN S 15.49 350 $22.99 .. �_....� 350 $ 30.98 1 EA MAGENTA LEXMARK X4976 MACE $ 15.49 350 .. $25 99 350 .. "._._ $ 30 98 1 �,.�,�ww „ „.....__.. ".,... 284 2.... ... Eq LEXMARK X4978 YELLOW _ $ 15.49 350 $25 99 350 $ 30.98 mm m ITIT 1 285 2 EA ...... OKIDATA 52102001 $ 1.50 3,000,000..._ $11.99 3 000,000 S 3.00 1 "mmIT mm, 286 .. IT m$ 1,312 $699.95 1,312 S 129.90 1 7 1 q EA PRINT CTRL DNJ 5000 LCN _...... $ 64.95 .... 1,312 699.95 .. 1,312 $ 64.95 ....... 1 .8 288 EA PRINT QTRG DNJ OOO,LMA ........ "� 64.95IT _... 1,312 $699.95 1,312 $ 60..95 1�w 1 - -- CTRG,DNJ 5000 MA 64.95 1,312 $ 699 95 1,312 _ "... $ 64.95 mmm,mITIT �. 1 .259 " ".m 290 m 1 EA EA ^PRINT - PRINT CTRG,DNJ 5000 YW "$ $ 64.95 mm 1,312 $699.95 " ". 1,312 $ 64.95 .. . 1 2 EA XEROX ea 5o $ ..ITIT 168 25IT..mm... 9,000 $349.00 9.000 $ 168.25 1 EA ...... _ . Xerox 6650 $ 168.25 9,000 $349.00 9,000 $ 168.25 1 _...... Total Cost of Products (Annual) $ 20,624.06 301 1 % DISCOUNT OFF OF LIST PRICE FOR TONER ISEiY4S NOT LISTED ABOVE varies IF OFFERRING A RANGE, SUBMIT ADDITIONAL PAGE WITH BREAKDOWN OF DISCOUNTS FOR EACH TYPE OF ITEM. Payment Term Discounts Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that is p alai within the time perle)d indicated below. Pavment Terms Additional Discount% Invoice Paid in 20 days Invoice Paid in 15 days Invoice Paid in 10 days 0.0 0 "NOTE: PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED FOB DESTINATION. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF REMANUFACTURED TONER CARTRIDGES AND PRINTER SUPPLIES FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFP 5200- AWARDED TO TIC EXPRESS, LLC, IN THE ANNUAL ESTIMATED AMOUNT OF $150,000 FOR A THREE (3) YEAR NOT -TO- EXCEED AMOUNT OF $450,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of Remanufactured Toner Cartridges in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5200 TIC Express, LLC $450,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3 . Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFP 5200 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY IC APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 6- 0RD -RFP 5200 Cour ,e i3O Agei,Aa V AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams at 349 -8487 ACM: Bryan Langley �_A SUBJECT Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of electric utility underground and substation cable for Denton Municipal Electric in a three (3) year not -to- exceed amount of $2,000,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5203- awarded to The Okonite Company in the not -to- exceed amount of $2,000,000). RFP INFORMATION This Request for Proposals (RFP) is to supply primary 15kV, secondary 600V insulated service cable, and multi- conductor substation control cable that are key components in Denton Municipal Electric's (DME) installation of distribution level underground electrical service, to its customers. The cable will be used to replace existing underground cable that has failed and to extend service to new residential, commercial, and industrial customers. These cables will also be utilized in DME's substation projects that have been approved in the Five Year Capital Improvement Plan. Volatility in copper and aluminum prices have made it mandatory and prudent that a procurement method be crafted that recognizes the reality of conditions in the marketplace and also minimizes cost exposure by locking in projected quantities. The unit prices recommended for award are based upon published third -party indices for raw materials provided in the specifications. Throughout the contract, the prices will adjust (increase or decrease) based upon the previous month's basis for raw materials. Line Items 1 -5 of the pricing /tabulation sheet (Exhibit 1), will adjust based upon the current raw material price at the time the order is placed and accepted. Request for proposals were sent to 39 prospective suppliers, including three (3) Denton firms. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and the notice to prospective suppliers was advertised in the local newspaper. Three (3) proposals were received (Exhibit 1). Proposals were evaluated based upon published criteria, including price, delivery, and probable performance by the supplier. The Okonite Company's proposal provided the highest evaluated score, resulting in the best value for the City (Exhibit 2). Negotiations were conducted with The Okonite Company which resulted in alternate pricing for the line items (Exhibit 3). Agenda Information Sheet October 1, 2013 Page 2 RECOMMENDATION Approve a contract with The Okonite Company in the three (3) year not -to- exceed amount of $2,000,000. PRINCIPAL PLACE OF BUSINESS The Okonite Company Ramsey, NJ ESTIMATED SCHEDULE OF PROJECT The initial term of this contract is for one (1) year ending September 30, 2014. The City and the awarded vendor shall have the option to renew this contract for two (2) additional one (1) year periods. FISCAL INFORMATION The costs for material purchased under the proposed agreement will be funded from project accounts on an as needed basis. The cable is carried in the Distribution Center as an inventory item and charged back to the using department when purchase orders are issued. FXHTUTTC Exhibit 1: Proposal Tabulation /Pricing Sheet Exhibit 2: Evaluation /Scoring Sheet Exhibit 3: The Okonite Company Pricing Sheet with Alternatives Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance 1 AIS -RFP 5203 RFP 5203 Tabulation Sheet for SUPPLY OF OKONITE UNDERGROUND DISTRIBUTION CABLE Payment Term Discounts Payment terms for the City T Denton are typically 30 days. Nauss indicate the ad d itiona l discount extended to each monthly in —es that is paid within thetms per od indicated below. 0 Payment Terma ldditiarral 6lsaa+l'nt/ Payment Terma ! Addidn"nal eissaunt Wo PaymenMTerma !Addlfla 01swuntl Invoice Paid In 20 days In voice Paid l n 20 days nvoice Paid In 20 days 0.00% ce Paidmutlays mvome Paidmutlays Invoice Paidm utlays 000i ce Paid in to tlays Invoico Pa�dml0 tlays Invoico Pa�dml0 tlays 000i The Okonite Company Stuart C. Irby HD SUPPLY Ramsey, NJ Ft. worth, TX Corinth, TX Section I ELECTRIC DISTRIBUTION CABLES - okonits okonits okonite /S —thwne Item ANNUAL COD Produ« Description p enel Length ntageof PAluminum P ntageof Copper nit Pnc xtentletl Price Prrrp osed tentage of PAluminum ntageof Copper mt Pull xtentletl Price Propose d tentage of PAluminum P ntageof Copper nit Pnc Extended Price Propose d Ifeeq DeliveryD Delivery Date Delivery Date 1 22,000 FT Cable, 750 Cu, EPR Primary, Shielded 28080110 (See Shielded EPR detail section) 2,000 11121 $ 11.84 5 o,r no rest/nose 76121 $ 151700 � U stock Ref pg 16A Ref pg 16A $ 16.51 $ 72 HOUrs CUTTO LENGTH Additional cost per foot 72 hours *See 2 88,000 FT cut to lengthforfne 1- Cable, 750 CU, EPR As needed turns as turns as me as 'b n as notes and turns as turns as 28o8o1oa Prmary, Shielded above above $ 14 84 t above $ 15 1700 Exce tons P above above $ 16.51 $ 1,452,880 cc 72 HDUiS Cable, 500 Cu, EPR Primary , Shielded 3 2,500 FT (See Shielded EPR detail section) Z500R 28080100 m re el length8 2500 69.6% $ 10.51 $ 2,282 50 69.7% $ 10.7500 $ 2,875 CC stock Ref pg 16A Ref pg 16A $ 11.]0 $ 29,25C CC 72 Hours CLITTO LENGTH- Additional cost per foot turns as turns as me as 72 hours *See ne as ne as 4 ],500 FT cut to length for line 3- Cable, 500 CU, EPR needed above above me vs b above notes and above above 28080095 Primary , Shielded $ 10.51 5 78,847 5C 10.]500 5 8C,25 CC Exceptions $ 11.70 5 87,75C 72 HOUni Cable, At 4/01- Phase, Primary, 1/3 5 48,000 FT Reduced Concentric Neutral, Strand Filled, 220 Mil. (See Concentric EPR detail 28o8ort, section) 4,000 21.1% 15.3% $ 2.53 $ 121,488 CC 22.80 16.8% $ 2.6000 $ 124CCC CC stock Ref pg 16A Ref pg 16A $ 2.82 $ 135,36C CC 72 Hours Cable, AL ff21- Phase , Primary , Full 6 30,000 FT Concentric Neutral, Strand Filled, 220 Mil. 28080010 (See Concentric EPR detail section) 6,000 10.3% 21.3% $ 1.75 5 - 23.00 10.8% $ 1.7900 $ 53,7CC CC stock Ref pg 16A Ref pg 16A $ 1.95 $ 58 5CC CC 72 Hours Phase, Triplexed Primary, Cable, ALed 7 15,000 FT C 1/3 Reduced Concentric Neutral, Str and 1 I I 1 28080040 Fill ed, 220 Mil. 1,700 11.4% 14.0% $ 5.62 $ 84,31C 1C 77.1/1 rl. response $ 5.7500 $ tock Ref pg 16A Ref pg 16A $ 6.25 $ 72 Hours Subtotal COSt of Section l $ 1,995,658.00 $ 2,040,950 so Payment Term Discounts Payment terms for the City T Denton are typically 30 days. Nauss indicate the ad d itiona l discount extended to each monthly in —es that is paid within thetms per od indicated below. 0 Payment Terma ldditiarral 6lsaa+l'nt/ Payment Terma ! Addidn"nal eissaunt Wo PaymenMTerma !Addlfla 01swuntl Invoice Paid In 20 days In voice Paid l n 20 days nvoice Paid In 20 days 0.00% ce Paidmutlays mvome Paidmutlays Invoice Paidm utlays 000i ce Paid in to tlays Invoico Pa�dml0 tlays Invoico Pa�dml0 tlays 000i EXHIBIT 2 RFP # 5203 - EVALUATION MATRIX Title: Supply of Okonite Underground Distribution Cable Response Date: 3 -21 -2013 @ 2:00 pm Buyer: Rebecca Hunter Respondents: Ranldng Aleets All Alin Evaluation Factors = 100% Reqs Probable Proposal Qualitv Delivery Price Performance 10 °0 10 °0 70° o Total 10 °0 Score The Okonite Company 1 Yes 10,0 10,0 10,0 70° o 100% Stuart C. Irby_ 2 Yes 10,0 10,0 10,0 68'o 98% HD Supply 3 Yes 10,0 10,0 10,0 63° o 93 %„ Evaluation Team Members: Denton 1\lunicipal Electric Denton 1\lunicipal Electric Denton 1\lunicipal Electric EVALUATION CRITERIA A) Indicators of Probable Performance under contract (FACTOR: 10 %) Indicators of probable performance under the contract to include: past vendor performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the vendor's ability to provide reliable maintenance agreements and support. B) Proposal Quality (FACTOR: 10 %) The quality of the submitted proposals, including completion, acceptance of the City's Standard Terms and Conditions, or City of Denton acceptable exceptions explanations to the proposal. C) Delivery Timeframe (FACTOR: 10 %) The delivery time frame for goods after receipt of order (_a.R.0) D) Price, Total Cost of Ownership (FACTOR: 70 %) The price of the items, to include total cost of ovvnership, such as installation costs, life cycle costs, and warranty provisions. 9/27/20139:19 AM 1 3 -BU -RFP 5023.xisExhibit 2 RFP Evaluation Matrix Exhibit 3 Original Proposal RFP 5203 Tabulation Sheet for SUPPLY OF OKONITE UNDERGROUND DISTRIBUTION CABLE Revised Proposal With Alternative Pricing The Okonite Company ELECTRIC DISTRIBUTION CABLES Ramsey, NJ Item EST, UOM COD # Product Description Minimum Percentage of Percentage of Unit Price Extended Price Proposed Delivery Item ANNUAL UOM COD # Product Description tion Reel Len th g Aluminum Co Copper Unit Price Extended Price Proposed Delivery CITY Primary, Shielded (See Shielded EPR detail (feet) Content Content Date 1 22,000 Fr 28080110 Cable, 750 Cu, EPR Primary, Shielded (See 1 22,000 Fr Shielded EPR detail section) 2,000 72.2% $ 14.5250 $ 319,550.00 8 weeks 28080110 FACTORY STOCK - Additional cost per 2,000 72.2% $ 14.8380 $ 326,436.00 3-5 days CUT TO LENGTH - Additional cost per foot same as same as 2 88,000 Fr 28080105 cut to length for line 1 - Cable, 750 Cu, EPR As needed same as same as 28080105 1 Primary, Shielded above above $ 14.8380 $ 1,305,744.00 3 -5 days 500 Cu, EPR Primary, Shielded (See 3 2,500 Fr ICable, Shielded EPR detail section) 2.500 R 3 2,500 Fr 28080100 minimum reel leng the 2,500 69.6% $ 10.5130 $ 26,28250 3 -5 days CUT TO LENGTH - Additional cost per foot 2,500 same as same as $ 10.2920 $ 25,730.00 3 -5 days 4 7,500 Fr cut to length for line 3 - Cable, 500 Cu, EPR As needed 28080095 Prima Shielded above above $ 10.5130 $ 78,84750 3 -5 days 4 7,500 Fr 28080095 Cable, AL 4/0 1- Phase, Primary, 1/3 2,500 above above 5 48,000 Fr Reduced Concentric Neutral, Strand Filled, $ 10.5130 $ 78,847.50 3 -5 days 220 Mil. (See Concentric EPR detail 28080055 Phase, Primary, 1/3 Reduced Concentric 4,000 21.4% 15.3% $ 2.5310 $ 121,488.00 7 days 5 48,000 Fr 28080055 Cable, AL #2 1- Phase, Primary, Full 6 30,000 Fr Concentric Neutral, Strand Filled, 220 Mil. 4,000 21.4% 15.3% $ 2.4780 $ 118,944.00 7 days 28080010 as Concentric EPR detail section ) 6,000 10.3% 21.3% $ 1.7520 $ 52,560.00 7 days Cable, AL #2 3- Phase, Triplexed Primary, same as same as 7 15,000 Fr 28080055 113 Reduced Concentric Neutral, Strand above above 28080040 Filled 220 Mil. 1,700 11.4% 14.0% $ 5.6200 $ 84,300.00 14 -16 wks Revised Proposal With Alternative Pricing Note: During negotiations, Okonite offered alternative pricing for Direct Shipment versus Factory Stock items. Direct Shipment pricing is Bolded in the revised proposal and reflects lower pricing in the event that cable must be manufactured at the time of order. The Okonite Company ELECTRIC DISTRIBUTION CABLES Ramsey, NJ Item EST. UOM COD # Product Description Minimum Percentage of Percentage of Unit Price Extended Price Proposed Delivery DIRECT SHIPMENT - Cable, 750 Cu, EPR Primary, Shielded (See Shielded EPR detail 1 22,000 Fr 28080110 section) 2,000 72.2% $ 14.5250 $ 319,550.00 8 weeks FACTORY STOCK - Additional cost per foot FACTORY STOCK for line 1 - Cable, same as same as 2 88,000 Fr 28080105 750 Cu, EPR Primary, Shielded Y 2,000 above above $ 14.8380 $ 1,305,744.00 3 -5 days DIRECT SHIPMENT - Cable, 500 Cu, EPR Primary, Shielded (See Shielded EPR detail 3 2,500 Fr 28080100 section) 2.500 R minimum reel lengths 2,500 69.6% $ 10.2920 $ 25,730.00 3 -5 days FACTORY STOCK - Additional cost per foot FACTORY STOCK for line 3 - Cable, same as same as 4 7,500 Fr 28080095 500 Cu, EPR Primary, Shielded Y 2,500 above above $ 10.5130 $ 78,847.50 3 -5 days DIRECT SHIPMENT - Cable, AL 4/0 1- Phase, Primary, 1/3 Reduced Concentric 5 48,000 Fr 28080055 Neutral, Strand Filled, 220 Mil. (See Concentric EPR detail section) 4,000 21.4% 15.3% $ 2.4780 $ 118,944.00 7 days FACTORY STOCK - Cable, AL 4/0 1- Phase, Primary, 1/3 Reduced Concentric same as same as 5a 8,000 Fr 28080055 Neutral, Strand Filled, 220 Mil. See ( above above Concentric EPR detail section) 4,000 $ 2.5310 $ 20,248.00 7 days DIRECT SHIPMENT - Cable, AL #2 1- Phase, Primary, Full Concentric Neutral, 6 30,000 Fr 28080010 Strand Filled, 220 Mil. (See Concentric EPR detail section) 6,000 10.3% 21.3% $ 1.7150 $ 51,450.00 7 days FACTORY STOCK - Cable, AL #2 1- Phase, Primary, Full Concentric Neutral, same as same as 6a 30,000 Fr 28080010 Strand Filled, 220 Mil. See Concentric EPR ( above above detail section) 6,000 $ 1.7520 $ 52,560.00 7 days DIRECT SHIPMENT - Cable, AL #2 3- Phase, Triplexed Primary, 1/3 Reduced 7b 10,200 Fr 28080040 Concentric Neutral, Strand Filled, 220 Mil. 1,700 11.4% 14.0% $ 5.5020 $ 56,120.40 14 wks FACTORY STOCK - Cable, AL #2 3- Phase, Triplexed Primary, 1/3 Reduced same as same as 7c 10,200 Fr 28080040 Concentric Neutral, Strand Filled, 220 Mil. above above 1,700 $ 5.6200 $ 57,324.00 3 -5 days Note: During negotiations, Okonite offered alternative pricing for Direct Shipment versus Factory Stock items. Direct Shipment pricing is Bolded in the revised proposal and reflects lower pricing in the event that cable must be manufactured at the time of order. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A CONTRACT FOR THE PURCHASE OF ELECTRIC UTILITY UNDERGROUND AND SUBSTATION CABLE FOR DENTON MUNICIPAL ELECTRIC IN A THREE (3) YEAR NOT - TO- EXCEED AMOUNT OF $2,000,000; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5203- AWARDED TO THE OKONITE COMPANY IN THE NOT -TO- EXCEED AMOUNT OF $2,000,000). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the supply of Electric Utility Underground and Substation Cable for Denton Municipal Electric in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 5203 The Okonite Company $2,000,000 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFP 5203 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 5 -ORD -RFP 5203 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND THE OKONITE COMPANY (RFP 5203) THIS CONTRACT is made and entered into this day of A.D., 2013, by and between The Okonite Company a corporation, whose address is 2220 San Jacinto Blvd., Denton, TX 76205, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rile 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 # 5203 Supply of Okonite Underground Distribution Cable, a copy of which is on file 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 file, and incorporated herein by reference: (a) Special Terms and Conditions (Exhibit "A ") (b) City of Denton's RFP 5203 (on file at the office of the Purchasing Agent) (c) City of Denton Standard Terms and Conditions (Exhibit `B ") (d) Supplier's Proposal. (Exhibit "C "); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." RFP 5203 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 W APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY RFP 5203 SUPPLIER BY: A . UTHORIZED SIGNAT(Jiff", Date:_ ell Name: Title: 'e MAILING ADDRESS '3Vj PHONE NUMBER FAX NUMBER 4 PRINTED NAME CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER Date:, Exhibit A Special Terms and Conditions Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one -year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. Total Contract Amount The contact total shall not exceed $2,000,000 per total contract term. Pricing shall be per Exhibit C attached. Price Adiustments The City of Denton will implement an escalation /de- escalation metals price adjustment at time of order acceptance by the Supplier, using the prior month's metal average. The escalation /de- escalation will be based upon the following metal bases: Aluminum Base = LME with Midwest Adder Copper Base = COMEX The metal bases shown below were taken from August 2012 and will be used as the reference metal basis for the proposal evaluation and award: AL base at $0.95.62 per Pound CU base at $3.43902 per Pound The price of each product will be increased or decreased based upon the following metals adjustment formulas: AL Conductor or Cable priced per CWT: Unit price adjustment = ( %Aluminum content) x (Amount of increase or decrease of the Aluminum Metal Base / CWT) CU Conductor or Cable priced per CWT: Unit price adjustment = (% of Copper Content) x (Amount of increase or decrease of the Copper Metal Base / CWT) Should the change exceed or decrease a minimum threshold value of + / -1 %, then the stated RFP 5203 eligible prices shall be adjusted in accordance with the unit price change adjustment derived from the above formulas. It is the Supplier's or the City's responsibility to request a price adjustment at the time of each order in writing. If no request is made prior to order acceptance by the manufacturer, then it will be assumed that the original proposed price will be in effect. The Supplier shall acknowledge the order and provide the aluminum and copper pricing to the City. Cooperative Purchasing/ Piuyback Option The original RFP terms regarding Cooperative Purchasing/Piggyback option have been removed. Cut to Length Program The Cut to Length Program as written in RFP 5203, Page 14 shall be amended and replaced by the following: Cut to Length has been replaced with "Factory Stock." Factory Stock materials will be available as a stock item, ready for shipment in minimum reel lengths as stated on Exhibit C Pricing Sheet. Direct Shipment is defined as cable manufactured at the time of order placement and shipped direct to the City in reel lengths as stated in Exhibit C Pricing Sheet. By the 5th of each month, Supplier will provide an availability report of Factory Stock items on hand. Amounts listed will be the maximum available for immediate shipment with regard to Factory Stock lead time. Any additional footage required beyond Factory Stock availability, will be ordered as Direct Shipment. Item 7h,9.7 7v The City agrees and commits to purchase 10,200 feet of the following item and will take possession within the maximum three -year term of this contract. 10,200 feet will be the maximum guaranteed purchase for this type of cable. The City agrees to take possession of any direct ship cable within 24 months after the item is available to City. Item 428080040 CABLE, AL 42 3- PHASE, TRIPLEXED PRIMARY, 1/3 REDUCED CONCENTRIC NEUTRAL, STRAND FILLED, 220 MIL This item shall be provided on 78x36x36 wood reel. RFP 5203 Lead Times The City understands that initial lead times for Factory Stock items may be longer in order to allow for manufacturing time. Factory Stock prices will remain in effect when material is available. Agreed Changes to Okonite Terms and Conditions of Sale 11. WARRANTY AND LIMITATION OF LIABILITY (a) WARRANTIES: Seller hereby ecxtends the following warranties, subject in each case to the remedy and limitations set forth respectively in subparagraphs (b) and (c) below: All Other Products Seller warrants that any products of its own manufacture will be free from defect in materials or workmanship for a two year period commencing with the date of shipment to the Purchaser. (b) REMEDY: Seller will replace any products of its own manufacture which fail to meet the applicable warranty set forth in subparagraphs (a) above. All products which have bene replaced by Seller shall become the property of Seller and shall be made avaialbel by Purchaser at Purchaser's site. (c) LIMITATION OF LIABILITY: Except as set forth in subparagraphs (a) and (b). NO OTHER WARRANTY OR REMEDY, EXPRESSED OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS) SHALL EXIST IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE OR USE OF ANY OF THE PRODUCTS DESCRIBED HEREIN. IN ADDITION, SELLER'S WARRANTY DOES NOT COVER AND SELLER SHALL HAVE NO LIABILITY WITH RESPECT TO: (i) Matters not reported to Seller in writing within two years (two months in the case of submarine cable) of the date of their shipment installation, corrosive matter or abnormal conditions of use, (iii) Products which have been altered in any way after leaving Seller's plant, (iv) The fitness of the products sold for the purpose or use intended by purchaser — if the product is used for the distribution of electricity from point A to point B then our ( Okonite's) warranty will cover the product, (v) Products damaged in shipment or otherwise damaged through no fault of seller — We will change our terms to FOB Destination in lieu of FOB Shipping for the City of Denton, (vi) Expenses incurred by Purchaser for installation of products prior to discovery of the alleged defect or expenses incurred in an attempt to correct the same, (vii)Expenses incurred by Purchaser for removal of non - conforming products and /or expenses for the installation of replacement products, (viii)Products which are not of Seller's manufacture but Seller will assign to Purchaser any warranties extended by the manufacturer in question, (ix) Commercial loss of any kind including loss of use of Purchaser's facility, interruption, loss of time, inconvenience, liabilities of Purchaser to its customers or other third parties and all other direct or indirect consequential damage, loss cost or expense, (x) Products which Seller is not afforded a reasonable opportunity to inspect and test after Seller has received notice of alleged defects. (xi) Failure or damage which can not conclusively be proven to have proximately and solely resulted from defect in materials or workmanship - In Addition to Okonite's Terms and Conditions of sale the City of Denton reserves the right to involve a third party resolution. RFP 5203 Exhibit R 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 solicitation are applicable to Contracts /Purchase Orders issued by the Citv of Denton hereinafter referred to as the Citv or Buver and the Seller herein after referred to as the Bidder, Contractor or Supplier. Any deviations must be in Nvriting and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Sellers Proposal response, Invoice or Statement shall serve to modify* the terms set forth herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these written provisions Neill take precedence. By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract shall be governed by the folloNving terms and conditions, unless exceptions are duly* noted and fully* negotiated. Unless othenvise specified in the Contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply* only to a Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply* only to a Solicitation to purchase Services to be performed principally* at the City's premises or on public rights- of -Nvay. 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 shoeing 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 resen -ation 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 slipped 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 resen -es 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 RFP 5203 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 fiunished, 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 deliveiv, 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 seivices as required in order for the Contractor to perform the seivices 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 seivice 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 seivices, 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 seivice conditions differ from expected conditions. 10. WORKFORCE A. The Contractor shall employ only orderly and competent workers, spilled in the performance of the seivices 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 seivices under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract: or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract seivices, and may not employ such worker again on Contract seivices 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 seivices 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 enviromnental laws, ordinances, rules and regulations in the performance of the serti -ices, 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 etseq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 etseq.). 12. INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase RFP 5203 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 Cit - sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever is later. B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above. provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as mai- be necessaiv on account of: i. delivery of defective or non - conforming deliverables by the Contractor: ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims: iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment: iv. damage to the property of the City or the City's agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor: v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay: vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation: or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded 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 fiords Appropriated and available for this contract. The absence of Appropriated or other lawfully available fiords shall render the Contract null and void to the extent fluids 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 RFP 5203 permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of fiords, 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. 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 MBEAVBE 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 Avithun 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 Avithun five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms ``books ". ``records ". *'documents" and "other evidence ", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract: ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior RFP 5203 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 other ise, 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 other ise 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 haN -e 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 anti- other remedy available, the City mai- deduct from anti- amounts owed to the Contractor, or other ise 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 ftu-nished under the Contract, and that the deliverables are free and clear of all liens, claims, securit-v interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws. rules, and regulations, and industry codes and standards. Unless other ise stated in the Solicitation- the deliverables shall be new or reci-cled merchandise, and not used or reconditioned. A. Reci-cled 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 other ise 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 endeaN -or to give the Contractor written notice of the breach of warranty withun 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 RFP 5203 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 seivices 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 lams, 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 other ise 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 seivices 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 withm 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. C. If the Contractor is unable or unwilling to perform its seivices in accordance with the above standard as required by the City then in addition to anti- other available remedy, the City mai- reduce the amount of seivices it mai- be required to purchase under the Contract from the Contractor, and purchase conforming seivices 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 seivices 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 withm 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 obseived perfornning 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 haN -e 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, withm 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 aN- ailable 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 RFP 5203 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 Citv"s vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28. TERMINATION WITHOUT CAUSE: The City shall haN -e 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 finther 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 other ise legally aN- ailable for such purposes, for all goods delivered and seivices 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 deliveiv 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 agjustment 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 agjustment withun thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any agjusted 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 seivices will be extended: provided, however, in such an event, a conference will be held withun 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 iijim y, illness, disease, worker's compensation- loss of seivices, 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 CITI), 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 NATIO ALkY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Attachment A. The successfinl 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 satisfactoiv to the City of Denton. RFP 5203 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 withm 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 withm 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 foi and 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: Cit-v of Denton Materials Management Department 901B Texas Street Denton. Texas 76209 vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reseives the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable agjustments 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 withm 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 RFP 5203 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 withm ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of anti- 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 Attornev. Personal deliveiv to the City Attornev 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 Seri-ice Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Goverrunent 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 am-where 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 ins- entions, employee information, trade secrets, confidential know-hors, confidential business information. and other information which the CitA- or its licensors consider confidential) (collectively, *'Confidential hnformation"). 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 other ise use the Confidential Information without the prior written consent of the City or in a marmer 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 goverrunental 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 withm 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. RFP 5203 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 ins - entions 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 Cit-v and the Cit-v 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 seii -ices 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 seii -ices 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 cony -ey 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 othen ise 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 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 Cit-v 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 viers 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. RFP 5203 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is ins -olved 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 (Attachment B). 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint venture. The Contractor's serti -ices 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 haw supewision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the sewices 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. 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 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 fixture 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 ins -oice, 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 haN -e 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 enuring 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 withun 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, withun 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 RFP 5203 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 expect 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 otheiwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the 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 inw alidity, 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 Ford should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are obserti -ed by the CitN New Year's Day (obseixed) MLK Day Memorial Dai- 4th of Juli- Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (obseixed) Christmas Day (obseixed) New Year's Day (obseixed) If a Legal Holiday falls on Saturday, it will be obserti -ed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be obserti -ed 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 suivive 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 RFP 5203 debarred from doing business with the Federal Government, as indicated by the General Seib -ices Administration List of Parties Excluded from Federal Procurement and Non - Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed. color, genetic testing, or national origin, be refused the benefits of, or be othem ise 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, in addition to the specific federally funded requirements. A. Definitions. As used in this paragraph — i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty -free entry certificate is issued): or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means - (1) An un manufactured end product mined or produced in the United States: or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract: but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled 'Buy American Act Certificate ". 57. RIGHT TO INFORMATION: The City of Denton reseii -es the right to use any and all information presented in any response to this solicitation- whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: All respondents will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. httj): / /www.access. Apo. �,oN- /daN-isbacon/tx.htiii RFP 5203 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local lams and requirements. The Respondent must comply with all applicable lams 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 lams and regulations applicable to fiu7rishing 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 Worker's 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 Lary 100 -690, Title V. Subtitle D: 41 U.S.C. 701 ET SEQ.) and maintain a drug - free work eiwiromnent and the final rule, governunent -ride requirements for ding -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 rear, 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 obseivance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or obseivance 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, naive or other ise 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 anti- wai- intended to constitute a waiver by the City of Denton of anti- immunities from suit or from liabilit-v 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 RFP 5203 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 finds being spent under the Contract. RFP 5203 EXHIBIT C RFP 5203 SUPPLY OF OKONITE UNDERGROUND DISTRIBUTION CABLE The Okonite Company Ramsey, NJ ELECTRIC DISTRIBUTION CABLES Okonite EST. Minimum Percentage Percentage Proposed Item ANNUAL UOM COD # Product Description Reel Length of of Copper Unit Price Extended Price Delivery QTY (feet) Aluminum Content Date DIRECT SHIPMENT -Cable, 750 1 22,000 FT 28080110 Cu, ERR Primary, Shielded (See Shielded ERR detail section) 2,000 72.2% $ 14.5250 $ 319,550.00 8 weeks FACTORY STOCK - Additional cost 2 88,000 FT 28080105 per foot FACTORY STOCK for line 2,000 same as same as 1 - Cable, 750 Cu, ERR Primary, above above Shielded $ 14.8380 $ 1,305,744.00 3 -5 days DIRECT SHIPMENT - Cable, 500 Cu, ERR Primary, Shielded (See 3 2,500 FT 28080100 Shielded ERR detail section) 2,500 ft minimum reel lengths 2,500 69.6% $ 10.2920 $ 25,730.00 3 -5 days FACTORY STOCK - Additional cost per foot FACTORY STOCK for line same as same as 4 7,500 FT 28080095 2,500 3 - Cable, 500 Cu, ERR Primary, above above Shielded $ 10.5130 $ 78,847.50 3 -5 days DIRECT SHIPMENT - Cable, AL 4/0 1- Phase, Primary, 1/3 Reduced 5 48,000 FT 28080055 Concentric Neutral, Strand Filled, 220 Mil. (See Concentric ERR detail section) 4,000 21.4% 15.3% $ 2.4780 $ 118,944.00 7 days FACTORY STOCK - Cable, AL 4/0 1- Phase, Primary, 1/3 Reduced 5a 8,000 FT 28080055 Concentric Neutral, Strand Filled, same as same as 220 Mil. (See Concentric ERR detail above above section) 4,000 $ 2.5310 $ 20,248.00 7 days DIRECT SHIPMENT - Cable, AL #2 6 30,000 FT 28080010 1- Phase, Primary, Full Concentric Neutral, Strand Filled, 220 Mil. (See Concentric ERR detail section) 6,000 10.3% 21.3% $ 1.7150 $ 51,450.00 7 days FACTORY STOCK - Cable, AL #2 6a 30,000 FT 28080010 1- Phase, Primary, Full Concentric same as same as Neutral, Strand Filled, 220 Mil. (See above above Concentric ERR detail section) 6,000 $ 1.7520 $ 52,560.00 7 days DIRECT SHIPMENT - Cable, AL #2 3- Phase, Triplexed Primary, 1/3 7b 10,200 FT 28080040 Reduced Concentric Neutral, Strand Filled, 220 Mil. 1,700 11.4% 14.0% $ 5.5020 $ 56,120.40 14 wks FACTORY STOCK - Cable, AL #2 3- Phase, Triplexed Primary, 1/3 same as same as 7c 10,200 FT 28080040 Reduced Concentric Neutral, above above Strand Filled, 220 Mil. 1,700 $ 5.6200 $ 57,324.00 3 -5 days C o i," °'i e i, 0 Agei,Aa J AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Economic Development ACM: John Cabrales, Jr. SUBJECT Consider approval of a resolution allowing El Guapo's to be the sole participant allowed to sell alcoholic beverages at Oaktopia November 16, 2013, upon certain conditions, authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Staff recommends approval. BACKGROUND The Oaktopia Festival is an outdoor concert that will be held on City property in the Williams Trade Square. Matt Battaglia, festival organizer, submitted a request (Exhibit 1) to sell alcoholic beverages during the festival that will be provided by El Guapo's. The Williams Trade Square is City owned property bordered by E. Hickory and Mulberry Streets; east of Wells Fargo Bank; and west of 210 E. Hickory. Event organizers expect a total attendance of approximately 2,000 — 3,000 paid attendees. RECOMMENDATION Staff recommends approval of the resolution and agreement as submitted, which is consistent with agreements for other events serving alcoholic beverages. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Other event organizer's request (35 Denton) to allow the sale and consumption of alcohol on City property for this location was approved at the February 15, 2011, and February 21, 2012, City Council meetings. FISCAL INFORMATION None EXHIBITS 1. Letter of Request 2. Resolution Respectfully submitted: Aimee Bissett Economic Development Director Monocle LLC 1556 Valley Creek RD Denton, TX 76205 (940)367 -4304 Letter of Request Monocle LLC, in association with Austere Magazine LLC, is requesting permission to sell alcohol on the premises of Williams' Trade Square in Downtown Denton on Saturday, November 16, 2013. The event, called Oaktopia, will take place from 2pm to 10pm and will consist of music acts, artists, food trucks, and various vendors. Arrangements for a vendor and distributor for the alcohol have been made. Thank you for your consideration, �ry Matt Battaglia CEO Monocle LLC matt @monocleinc.com (940)367 -4304 \ \CODAD \Departments \Legal \Our Documents \Resolutions\] 3 \Oaktopia alcohol sell.docx RESOLUTION NO. A RESOLUTION ALLOWING EL GUAPO'S TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT OAKTOPIA NOVEMBER 16, 2013, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ( "City ") is the owner of the Williams Trade Square; and WHEREAS, the City Council finds that it is in the public interest to select only one vendor of alcoholic beverages at Oaktopia; and WHEREAS, El Guapo's has requested that they be the sole participant allowed to sell alcoholic beverages at this year's Oaktopia November 16, 2013; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. El Guapo's shall be the sole participant allowed to sell alcoholic beverages on City property at Oaktopia November 16, 2013, at Williams Trade Square located on Hickory Street upon the following conditions: 1. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; 2. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $500,000.00; 4. They shall provide Liquor /Dram Shop Liability in the amount of $250,000 per occurrence; 5. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Oaktopia. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY FEW APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:! H:AGity COUnG1 \2013 \Oaktopia \Alcohol\Oak top ia Alcohol Contract.doc CITY OF DENTON AGREEMENT WITH EL GUAPO'S STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made this � day of r , 2013, by and between the City of Denton, a municipal corporation, hereinaft r referred to as the "CITY" and EL GUAPO'S. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: GENERAL The City grants to EL GUAPO'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the OAKTOPIA on NOVEMBER 16, 2013, to be held on city property located at Williams Trade Square. This privilege does not extend beyond the date of the OAKTOPIA set for the year 2013. ARTICLE 2 SCOPE OF SERVICES EL GUAPO'S in order to exercise the privilege to sell alcoholic beverages must perform the following: A. EL GUAPO'S shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the OAKTOPIA. B. EL GUAPO'S shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the OAKTOPIA. C. EL GUAPO'S shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the OAKTOPIA. EL GUAPO'S'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the OAKTOPIA. A RTIC'I F. I LOCAL RULES AND REGULATION EL GUAPO'S agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. EL GUAPO'S shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. EL GUAPO'S will exercise reasonable care and due diligence in their sale of alcoholic beverages at the OAKTOPIA. ARTICLE 4 INDEMNITY AGREEMENT EL GUAPO'S shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of EL GUAPO'S or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTIC IT F i; INSURANCE During the performance of the Agreement, EL GUAPO'S shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less that $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Liquor /Dram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City -owned property where alcohol will be provided or served. OAKTOPIA Agreement — Page 2 C. EL GUAPO'S shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and EL GUAPO'S. In such event, EL GUAPO'S shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: EL GUAPO'S Mike Zampino 419 S. Elm Denton, Texas 76201 CITY OF DENTON: City Manager 215 E. McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and 0 exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. OAKTOPIA Agreement — Page 3 ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, EL GUAPO'S shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL EL GUAPO'S represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE I I ASSIGNABILITY EL GUAPO'S shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. B. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. OAKTOPIA Agreement — Page 4 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and EL GUAPO'S has executed this Agreement through its duly authorized undersigned officer on this the day of 2013. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY 10,116 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY EL GUAPO'S MIKE ZAMPINO WITNESS: BY: cavwvf� OAKTOPIA Agreement — Page 5 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Parks and Recreation Department ACM: John Cabrales, Jr. SUBJECT Consider adoption of an ordinance approving a City sponsorship in an amount not to exceed $2,000 of in -kind services and City resources for the 2013 Mayor's Mile, a community wellness walk to be held at the Denton County Transportation Authority's MedPark Station located at 3220 MedPark Drive beginning at 8:30 a.m. on October 5 2013; and providing an effective date. BACKGROUND The Mayor's Mile 2013 committee, in conjunction with the Age Well — Live Well Denton committee, is requesting the City to participate as a sponsor at this new event. The requested in- kind services for the event would include assistance from City staff members and use of City equipment. In return, the City will be recognized as a sponsor at a level equal to the value of the donation. Sponsorship letters have been mailed to health - related businesses. The Mayor's Mile is organized by a committee with representatives from the City, Age Well — Live Well, and community volunteers. This is a first time event and it is open to the public to educate or provide services within the physical dimension of wellness. The event expects to host approximately 500 attendees and 18 vendor booths. FISCAL INFORMATION Estimated costs to provide requested in- services and resources are estimated at $2,000. EXHIBIT Proposed Ordinance Respectfully submitted: b"Wo.. W�r 06 Emerson Vorel, Director Prepared by: Community Events Coordinator \ \CODAD \Departments \Legal \Our Documents \Ordinances \13 \Mayor's Mile Sponsorship.doex ORDINANCE NO. AN ORDINANCE APPROVING A CITY SPONSORSHIP IN AN AMOUNT NOT TO EXCEED $2,000.00 OF IN -KIND SERVICES AND CITY RESOURCES FOR THE 2013 MAYOR'S MILE, A COMMUNITY WELLNESS WALK, TO BE HELD AT THE DENTON COUNTY TRANSPORTATION AUTHORITY'S MEDPARK STATION LOCATED AT 3220 MEDPARK DRIVE BEGINNING AT 8:30 A.M. ON OCTOBER 5, 2013; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor's Mile is requesting the City of Denton to participate as a sponsor for the event to be held at the Denton County Transportation Authority's MedPark Station on October 5, 2013; and WHEREAS, the City of Denton will sponsor up to $2,000.00 of in -kind services and resources for the event which will include Police, City staff members and use of City equipment; and WHEREAS, in exchange for the said support the City of Denton is considered to be an event sponsor of the said event at a sponsorship level equal to the value of the in -kind service tendered; and WHEREAS, the City Council finds that it is in the public interest and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed $2,000.00 of in- kind services and resources for the event to be held at MedPark Station on October 5, 2013; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council finds that it is in the public interest and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed $2,000.00 of in- kind services and resources, including but not limited to Police, City staff members, and the use of City equipment and the said participation is hereby approved. SECTION 2. This ordinance shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. MARK A. BURROUGHS, MAYOR \ \CODAD \Departitnents \Legal \Our Documents \Ordinances \13 \Mayor's Mile Sponsorship.docx ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Engineering Services ACM: Jon Fortune n SUBJECT Consider adoption of an ordinance approving revisions to the "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic Control Signals" entered into by and between the City of Denton, Texas and the State of Texas, acting by and through its Texas Department of Transportation; providing the City Manager with authority to execute said agreement and to carry out the rights and duties of the City regarding said agreement; and providing an effective date (Traffic Safety Commission recommends approval 4 -0). BACKGROUND Upon passage of the State bill allowing red light cameras to be installed on Texas Department of Transportation (TxDOT) highways several years ago, the City of Denton submitted a request to the local regional TxDOT office for permission for their installation. The City's Police Department and Engineering staff looked at possible locations for red light cameras and worked with TxDOT for their installation at the intersections of: 1) U.S. Highway '180 (University Drive) and Mayhill Road. 2) IH35E northbound service road and U.S. Highway 377 (Ft Worth Drive). TxDOT provided an amendment to the Municipal Maintenance Agreement (MMA) between the City of Denton and TxDOT as a "stand alone" document rather than incorporating it directly into the overall MMA, which has been a long- standing agreement and less likely to change over time. In order to be valid, the Amendment to Municipal Maintenance Agreement between the City of Denton the Texas Department of Transportation (TxDOT) for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -Of -Way to Monitor Compliance with Traffic- Control Signals was executed concurrently with the revised overall MMA. City Council approved the "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic Control Signals" on October 6, 2009. The "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic Control Signals" is attached hereto as Exhibit 1. The City's Police Department and Engineering have submitted an amended or expanded list of locations for red light cameras at the intersections of: 1) Westbound U.S. Highway 380 (University Drive) and IH35 northbound service road. 2) Eastbound U.S. Highway 380 (University Drive) and IH35 southbound service road. 3) Southbound U.S. Highway 377 (Fort Worth Drive) and IH35E southbound service road. 4) Southbound Loop 288 at IH35E northbound service road. 5) Northbound Loop 288 at Spencer Road. Agenda Information Sheet October 1, 2013 Page 2 This listing was presented to Traffic Safety Commission on April 1, 2013 (refer to Exhibit 2). Per Article 17 of the "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic Control Signals" revisions listed to the locations included in the original agreement may be made if submitted in writing by the City and initialed by both parties. TxDOT has provided an "Exhibit A -1" for initialing by the City in order to add these locations to the existing agreement (refer to Exhibit 3). FISCAL INFORMATION The City has contracted with a company that installs and maintains red light camera systems and also collects and processes the information collected for City Police Department staff s review. The installation costs of the system and processing are at the company's expense from revenues generated from the collection of fines. On June 4, 2013, staff presented an extension of this agreement to City Council which was approved. PRIOR ACTION/REVIEW 1. Traffic Safety Commission —April 1, 2013. 2. City Council —June 4, 2013. OPTIONS Approve the Ordinance authorizing the City Manager or his designee to execute the revisions to the "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -Of -Ways to Monitor Compliance with Traffic- Control Signals" agreement between the City of Denton and TxDOT. 2. Deny approval of the ordinance. RECOMMENDATION Staff recommends that City Council approve the adoption of an Ordinance authorizing the City Manager or his designee to execute the revisions to the "Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -Of -Ways to Monitor Compliance with Traffic- Control Signals" agreement between the City of Denton and TxDOT. EXHIBITS 1. Amendment to Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic Control Signals. 2. Traffic Safety Commission Minutes from April 1, 2013. 3. August 26, 2013 letter from TxDOT with Exhibit A -1. 4. Ordinance Respectfully submitted: Frank G. Payne, P.E. City Engineer PO. BOX 133007^ DALLAS, TEXAS 75313-3O07^(214)820-61OO August 30, 2010 Municipal Maintenance Agreement-Amendment City of Denton M[ Michael S. COD8!@Od Utility Attorney City 0fDenton 215 E. McKinney Denton, Texas 76201 Dear Mr. Copeland: Please find attached, one (1) original Amendment to the Municipal Maintenance Agreement for the Furnishing, Installing, (]D8[@tiOg and M8iOteD@OQ8 of Cameras OO State Highway Rights-Of-Way to Monitor COrODli@OCe with Traffic COOfnDl Signals for your files and use. Prior t0 beginning work, TX[](]T must review and approve the construction plans. Feel free to contact me at 214-320-6229, if needed. Attachment TH:Tr 'AS PLAN REDUCE CONGESTION - ENHANCE SAFETY - EXPAND ECONOMIC OPPORTUNITY . IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer THE STATE OF TEXAS 'THE COUNTY OF TRAVIS EXHIBIT 1 AMENDMENT TO MMA Amendment (Rev. 01/08) Page 1 of 4 MUNICIPAL MAINTENANCE AGREEMENT FOR THE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS -OF -WAY TO MONITOR COMPLIANCE WITH TRAFFIC - CONTROL SIGNALS THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State" and the City of hereinafter called the "City ", acting by and through its duly authorized officers. WITNESSETH Denton WHEREAS, the State owns and maintains a system of highways and roadways in the City of pursuant to Transportation Code, Section 201.103; and WHEREAS, the State and the City executed a Municipal Maintenance Agreement on Denton 04/26/10 ; and WHEREAS, the City has requested permission to install cameras on state highway rights -of -way to monitor compliance with traffic - control signals, hereinafter referred to as "camera monitoring equipment ", at the locations listed on Exhibit A attached hereto and made a part of hereof; and WHEREAS, the State has determined that when the City's installation of camera monitoring equipment will not damage the highway facility, impair safety, impede maintenance or in any way restrict the operation of the highway, the proposed camera monitoring equipment may be installed by the City or its contractor; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AMENDMENT ARTICLE 1. CONTRACT PERIOD This amendment becomes effective on final execution by the State and shall remain in effect as long as said camera monitoring equipment is in operation at the described locations. ARTICLE 2. TERMINATION This amendment may be terminated by one of the following conditions: 1) By mutual agreement of both parties; 2) By the State giving written notice to the City as consequence of failure by the City or its contractor to satisfactorily perform the services and obligations set forth in this amendment, with proper allowances being made for circumstances beyond the control of the City or its contractor. The State's written notice to the City shall describe the default and the proposed termination date. If the City cures the default before the proposed termination date, 'the proposed termination is ineffective; or 3) By either party upon thirty (30) days written notice to the other. Termination of this amendment shall not serve to terminate the underlying Municipal Maintenance Agreement between the State and the City. EXHIBIT 1 ARTICLE 3. COMPENSATION No compensation shall be paid for this amendment. MMA Amendment (Rev. 01/08) Page 2 of 4 ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City will use labor and supervisory personnel employed directly by the City or its contractor and use City owned or contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the City or its contractor does not have the machinery, equipment and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. B. No reimbursement shall be paid for any materials supplied by the City or its contractor. C. Any adjustment, replacement or reinstallation of the camera monitoring equipment due to reconstruction or alteration of the intersection shall be performed by the City at the City's expense. The State will work with the City to provide adequate notice of any planned work to allow for the necessary modification or removal. D. All installation or maintenance work performed by the City or its contractor requiring traffic control shall be performed in accordance with the Texas Manual on Uniform Traffic Control Devices. ARTICLE 5. INSPECTION OF WORK A. The City or its contractor will furnish the State a complete set of design drawings and installation plans for review. The installation plans shall include all electrical, electronics, signing, civil and mechanical work pertaining to the camera monitoring equipment. B. The State reserves the right to inspect and request modification of any camera monitoring equipment under this agreement both prior to and after installation. No installation may occur until the State has approved the proposed installation. C. The State reserves the right to inspect and approve the completed installation. D. The State will promptly notify the City or its contractor of any failure of materials, equipment or installation methods and the City or its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 6. RESPONSIBILITIES OF THE PARTIES The parties agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives and agents. The State shall not be held responsible for the operation (or non - operation) of the camera monitoring equipment or for any effect it may have. The City is responsible for any damage that may occur to state equipment during the installation, maintenance or operation of the camera monitoring equipment. The City is responsible for maintaining the camera monitoring equipment and related signing in good working order and keeping such equipment free from graffiti. ARTICLE 7. DE- ACTIVATION OF CAMERA MONITORING EQUIPMENT The State reserves the right to disconnect and remove camera monitoring equipment from the traffic signals should any problem arise affecting the State. The State will notify the appropriate City office of the de- activation of the camera monitoring equipment. Upon correction of the problem, the City may reconnect the camera monitoring equipment. EXHIBIT 1 MMA Amendment (Rev. 01/08) Page 3 of 4 ARTICLE 8. INSTALLATION REQUIREMENTS The City or its contractor shall furnish and install all equipment related to the camera monitoring equipment installation. This includes, but is not limited to, camera equipment, camera housing and supporting structure, intersection lighting, vehicle detection system, communications equipment, electrical service and connections, roadway signing and any interconnection with the signal. The City or its contractor will be responsible for all power costs associated with the operation of the camera monitoring equipment. Electrical connections made to the State's signal equipment shall be optically or otherwise isolated as approved by the State and shall not affect the operation of any component of the traffic signal system including both the signal controller and the conflict monitor /malfunction management unit. ARTICLE 9. REPORTS Upon written request, the City will be required to supply the State with data related to the operation of the camera monitoring equipment. ARTICLE 10. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the amendment, and any increased cost arising from the City default, breach of contract or violation of terms shall be paid for by the City. This amendment shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 11. INSURANCE Before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately. ARTICLE 12. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this amendment except with the prior written consent of the State. ARTICLE 13. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 14. NOTICES All notices to either party by the other required under this amendment shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: City: City of Denton City: Attn: City Engineer City: 901 Texas Street City: Denton, TX 76201 City: State: Texas Department of Transportation State: Attn: District Enaineer State: P.O. Box 133067 State: Dallas, TX 75313 -3067 State: All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 15. GOVERNING LAWS AND VENUE This amendment shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in Travis County, Texas. EXHIBIT 1 MMA Amendment (Rev. 01/08) Page 4 of 4 ,ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED This amendment constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within the subject matter. ARTICLE 17. REVISIONS TO EXHIBIT A Revision to the locations listed in Exhibit A may be made if submitted in writing by the City and initialed by both parties. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this agreement. The CITY OF DENTON 4 \J' Typed or Printed Name and Title Mark A. Burroughs, Mayor Date s THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date District Engineer EXHIBIT 1 EXHIBIT A IH 35 Frontage Road at Fort Worth Drive US 380 (University Drive) at Mayhill Road EXHIBIT 2 DRAFT MINUTES TRAFFIC SAFETY COMMISSION April 1, 2013 2) Receive a report, hold a discussion, and give staff direction regarding the planned expansion of the City's Automated Traffic Signal Enforcement Program. Scott Fletcher, Police Captain, made the presentation. Fletcher stated he is the operations Captain with the Denton Police Department. He was involved in the original research for the photo enforcement commonly known as the red light camera program back in 2004. Fletcher was a skeptic of the program at first by the time the research was complete he was a believer in the program. The history includes starting of this program in May of 2006. There were six cameras at four intersections. At that time there was no state law governing it, the program was set up by the City. No cameras were put on TxDOT roadways at that time. There were good results on the ones that were put in. Fletcher generally found when you compare the idea that a police can stop you and say this is what I saw as compared to photos and a video that shows the violation. Normally after the video, people just talk about their dislike of the cameras. In September 2007 State Legislation went into effect that authorized photo enforcement for red light camera violations across the state. Most importantly it set in place Chapter 707 of the Transportation Code that governs how the camera systems work. In order to add any cameras an engineering study has to be presented that talks about whether or not there is an opportunity to make a change in the approach or change in signalization at a proposed intersection that would improve with or without a camera system. In 2007 the police started trying to expand and became before this commission with nine cameras on five intersections. After going through some constriction potential issues and the information that came from TxDOT that number was cut and settled on three cameras at two intersections. Fletcher and Vokoun worked through issues regarding the agreements with TxDOT. The new cameras were installed in 2010; east and west bound at 380 and Mayhill and the one at Ft Worth Drive and I -35. Dramatic changes were made at those intersections regarding accident data. Over the years because of the nature of this City, violations do not decrease as they might in other communities. New students arrive and those violations continue it seems to be in a cycle when school starts. In 2012 there were over 14,000 violations that were captured on the photo enforcement program. Approximately 58% came from the newest intersections. With the expansion the new locations have been decided. State law requires that traffic volume, history of accidents, and history of violations be studied. Also they cannot be placed in areas where ethnic or socio economic issues play a role. With the previous factors that have been listed the City of Denton also applies the standard of whether a police officer can safety enforce red light violations at intersections using traditional enforcement. It isn't generally safe in a lot of areas. If the intersection is an easy place to work, that is not an area that needs a camera. Fletcher stated that all the forms for the new red light cameras came from TxDOT. There was also a map included with the annual daily traffic counts. EXHIBIT 2 The first camera that will be installed will be at Loop 288 and Spencer Road. There have been accidents in that area. When a red light camera sign is installed, people change their driving behaviors. There have been 16 accidents at that intersection with seven injuries in the last 18 months. A test camera is also set up at intersections for a 24 hour period to see how many violations are captured. At this intersection there were 23 violations in a 24 hour period. Right now there are about 9,400 vehicles at the last traffic count. The next intersection for a camera is Loop 288 and Lillian Miller. There will be a camera on Loop 288 as it goes into I -35 and one on Lillian Miller as it goes into I -35. These are two problematic areas. In the 18 month period there were 37 accidents combined on both sides of I -35, nine were red light related. In the 24 hour period for the test camera, there were 87 violations. The fourth camera is down at Fort Worth Drive and I -35, this one will be south bound there is already a camera north bound. There are about 26,000 vehicles that go through that intersection average daily count. There have been 12 accidents with four injuries and one that was red light related. There were 51 violations in the 24 hours period of the test camera. The last two cameras will be at Hwy 380 and I -35; east and west on 380. There are about 17,400 vehicles a day combined through that intersection. There have been 15 accidents, three with injuries and three that were red light related. There were 101 combined violations with the test camera in a 24 hour period. There were no issues with signalization; they are all set to meet the industry standards. In closing Fletcher has seen over the years change in driver behavior. Fletcher approves probably 85 -90% of the violations on the system currently and has for some time. If it is close, they give it to the person driving the car. The purpose of the system is not about making money it is to change driver behavior. From 2007 until 2012 the City was in debt with the Company, that debt does not have to be paid if the cameras are taken out. That is why they chose that particular company. Tax payers do not support this program; it is the red light violators. Morris stated that some cities have been doing away with these cameras, what would the reasoning be. Fletcher answered it would depend on the city. Most of them outside of the state may allow for the vendors to get a percentage of the violations that were approved. People do not like that because there is an incentive to approve more. The City of Denton did an RFP process and interviewed vendors. Some of the vendors would promise a lot and the different things they could do, but wanted a percentage. Our state law does not allow that. Houston went through some issues of turning them off and then back on again. There was a group that stated they didn't like them in their community and didn't want them. The citizens voted to not have them. There have been four or five bills now filed to change that in some way. A State Senator from Houston has filed a bill to do away with all of them. Fletcher calculated back in 2004 to put an officer at an intersection for 24 hours a day seven days a week for a month, at an average salary would be about $25,000. If three or four cars are stopped in an hour that is pretty good, it takes a while to stop, get the information, write EXHIBIT 2 the ticket and get them back on the road. The charge for a camera per month is $4,870; if the camera has problems it is not paid during that time. Morris then asked how citizens can vote to disregard the driving. Fletcher answered they are pushing a referendum to vote on whether or not the city should have a contract with a vendor to do this. If the police department came in and tried to say they will do these themselves it would cost a lot more. That is why a vendor is important. DiMarco questioned if after a period of time are the camera's owned by the City. Fletcher answered that he has to go to Council about the contracts. They have equipment to purchase and have installed, they calculate it on a seven year investment. The bulk that is paid is office processing. The way it works is the camera takes a picture, there are loops in the ground at the intersections, if it determines that you cannot stop, a photo is taken before and after and a 12 second video is taken of the violation. All that information goes to the vendor and a technician watches to see if it is a violation. If it is, it moves forward for another technician to pull the information on the vehicles. Finally they go to a supervisor for approval. After that they go to the police department. An officer, generally Fletcher, reviews the violations to make sure. After approval, the company mails the notices to the violators. If they are not paid another notice with an additional $25 is sent. If a hearing is requested that is set up by the vendor. We do not and will not own the equipment. With a vendor they also take care of the maintenance and replacement and upgrades to the cameras. The City pays for the signage. Leathers asked in Fletchers opinion if the data supports quantification that the officers are not having to spend time at these intersections and are in other areas where needed. Fletcher stated either that or doing other traffic enforcement. DiMarco says she lives east of Loop288 out 380, is there going to be any change in the lights going east. Fletcher stated he isn't sure what will happen out that direction but is aware it is a speed way. Commissioner Leathers motioned approval with a second from Commissioner Morris. Vote was 4 -0 approved. EXHIBIT 3 FIT Im I T1177-7 . 1111 GNIPT, 1 August 26, 2013 Red Light Running Enforcement Cameras For Locations on the State Highway Rights of Way City of Denton Denton County Mr. Frank Payne, P.E. City Engineer City of Denton 901 -A Texas Street Denton, Texas 76201 Dear Mr. Payne: Please find attached, two (2) original Exhibits A -1 to the Amendment to the Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic - Control Signals for your review and approval. As per Article 17. Revisions to Exhibit A, we are sending a list of revisions for initials and dating by your authorized signatory. If all is satisfactory, please initial and date both originals and return both to us for further processing. A fully executed original will be returned to you for your files and use. Feel free to contact Angela Green at 214 - 320 -4432, if needed. Sincerely Melanie . Youn .E. District Transp ation Operations Engineer Attachments EXHIBIT 3 EXHIBIT A -1 WB US 380 /University at IH35E NB FR Initials Initials Date Date EB US 380 /University at IH35E SB FR Initials Initials Date Date SB US377 Ft Worth at IH35E NB FR Initials Initials Date Date SB Loop 288 at IH 35E NB FR Initials Initials ............ Date Date NB Loop 288 at Spencer Initials Initials Date � �� � Date s:Alegal \our documents \ordinances \13 \txdot maintenance agrmt ord.doc ORDINANCE NO. 2013- AN ORDINANCE APPROVING REVISIONS TO THE AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT FOR THE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS -OF -WAY TO MONITOR COMPLIANCE WITH TRAFFIC CONTROL SIGNALS BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS, ACTING BY AND THROUGH ITS TEXAS DEPARTMENT OF TRANSPORTATION; PROVIDING THE CITY MANAGER AUTHORITY TO CARRY OUT THE RIGHTS AND DUTIES OF THE CITY REGARDING SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 311 of the Transportation Code provides the City of Denton exclusive dominion control and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter into agreements with the State of Texas to fix responsibilities for the maintenance, control, supervision, and regulation of State highways within and through the City's corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter into agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the State of Texas acting through its Executive Director of the Texas Department of Transportation ( "TXDOT ") has made it known to the City that the State will assist the City, and will offer the City assistance in the maintenance and operation of State highways within the City of Denton; and WHEREAS, the City Council has read the proposed revisions to the "Amendment to the Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights-of-Way to Monitor Compliance with Traffic Control Signals" (hereafter the "Agreement ") by and between the State of Texas and the City of Denton, Texas and finds that the revisions to this Agreement are in the public interests of the residents of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as if fully set forth herein. sAlegal\our documents \ordinances\1 3 \txdot maintenance agrmt ord.doe SECTION 2. The revisions to the Amendment to the Municipal Maintenance Agreement for the Furnishing, Installing, Operation and Maintenance of Cameras on State Highway Rights -of -Way to Monitor Compliance with Traffic Control Signals, attached as Exhibit "A" hereto and incorporated by reference herein, is hereby approved, and the Mayor or the Mayor Pro - Tempore is hereby authorized to enter into that Agreement on behalf of the City of Denton, Texas. SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of the City under the Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY am APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY A B r EXHIBIT A WB US 380/University at IH35E NB, FIR Initials Initials Date Date---- EB US 380/University at IH35E SB FIR Initials Date Date SB US377 Ft Worth at IH35E NB FIR Initials Initials Date Date SB Loop 288 at IH 35E NB FR Initials _Initials-- Date Date NB Loop 288 at Spencer Initials Initials Date Date AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Parks and Recreation ACM: John Cabrales, Jr. SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the Oaktopia Festival sponsored by Monocle LLC. The event will be held on City property, Williams Trade Square, on Saturday, November 16, 2013, from 2 p.m. to 10 p.m. The exception is specifically requested to increase sound levels from 70 to 75 decibels. Staff recommends approval of request. BACKGROUND The Oaktopia Festival features live music by national and local bands. A variety of vendors, music, artists, and food tricks will be present at the event. Bands will be performing indoors at various venues in the downtown area. The venues include Banters, J &J Pizza, Andy's, and Hailey's. The Williams Trade Square is City owned property located east of the Wells Fargo Bank building. Event organizers expect a total attendance of approximately 2,000 — 3,000 paid attendees. PRIOR ACTION/REVIEW In the past, City Council has approved three requests for exceptions to the noise ordinance to be increased from 70 to 75 decibels for the events held at Williams Trade Square. EXHIBITS Letter of Request Respectfully submitted: U -o Emerson Vorel, Director Parks and Recreation Department Prepared by: Community Events Coordinator Monocle LLC 1556 Valley Creek RD Denton, TX 76205 (940)367 -4304 Letter of Request Monocle LLC, in association with Austere Magazine LLC, is requesting a noise exception for the premises of Williams' Trade Square in Downtown Denton on Saturday, November 16, 2013. The event, called Oaktopia, will take place from 2pm to 10pm and will consist of music acts, artists, food trucks, and various vendors. The request is for an exception to raise the decibel level to 75 dB, Thank you for your consideration, Matt Battaglia CEO Monocle LLC matt @monocleinc.com (940)367 -4304 AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Finance '�4t ACM: Bryan Langley SUBJECT Consider approval of a resolution nominating members to the Board of Managers of the Denton Central Appraisal District; and declaring an effective date. BACKGROUND The Denton Central Appraisal District (DCAD) has notified the City that the term for members on the current DCAD Board of Directors expires December 31, 2013. Therefore, DCAD is seeking nominations from taxing jurisdictions in the district. The City Council can make up to five nominations for the Board of Directors. Once nominations from all taxing jurisdictions are received by DCAD, a ballot will be sent to the City. The City Council will then cast their vote to elect a member at the November 19, 2013, City Council meeting. The number of votes a taxing unit has is determined by their proportional share of the total levy in the district from the prior tax year. There are a total of 5,000 votes throughout the district. One thousand votes are the maximum number needed to elect a local representative /nominee to the Board of Directors. In 2011, the City of Denton had 193 votes and nominated Charles Stafford and Rick Woolfolk to serve on the DCAD Board of Directors. This year, the City has 196 votes and DISD has 648 votes. The following is a summarization of DCAD's nomination process. Prior to October 1 st - DCAD notifies taxing entities of the number of votes they are entitled to cast for appointing board members. Prior to October 15th - Nominations are submitted to DCAD by each jurisdiction. Prior to October 30th - DCAD compiles a comprehensive list of the nominees and forwards to each taxing unit in the form of a ballot. Prior to December 15 - The taxing jurisdictions choose by written resolution the candidate (s) of their choice. The jurisdiction then submits the name (s) and the votes cast to DCAD. Prior to December 31st - DCAD tabulates the votes and forwards the results back to the jurisdictions. The five candidates that receive the most votes become the Board of Directors as of January 1 st. Agenda Information Sheet October 1, 2013 Page 2 Eligibility Guidelines: The selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an "election" governed by the Texas Election Code. It is an independent procedure unique to the property tax system. An appraisal district director must reside in the appraisal district for at least two (2) years immediately proceeding the date he or she takes office. Most residents are eligible to serve as a director. Most residents are eligible to serve as a director. An individual that is serving on the governing body of a city, county, or school district is eligible to serve as an appraisal district's director. An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, if the employee is an elected official, he or she is eligible to serve. RECOMMENDATION Staff has included a resolution voting for Mr. Charles Stafford to be nominated for the DCAD Board of Directors. If the City Council would like to vote for a nominee other than Mr. Stafford or add another nominee, this item can be pulled from the Consent Agenda and considered as a regular item. EXHIBITS 1. DCAD Nomination Process Memo and Current Board of Directors 2. Resolution Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance Exhibit 1 DENTON CENTRALAPPRAISALDISTRICT 3911 MORSE STREET, P O Box 2816 DENTON, TEXAS 76202 -2816 MEMO TO: Denton County, School Districts and Cities That Levy A Tax FROM: Rudy Durham, Chief Appraiser SUBJECT: Request for Nominations for DCAD Board of Directors DATE: August 30, 2013 It is time again for the taxing jurisdictions to select five individuals to serve as the DCAD Board of Directors. Each jurisdiction may nominate up to five people to be considered for the Board of Directors. According to Section 6.03 of the Property Tax Code, it is the chief appraiser's responsibility to initiate this process, which is the purpose of this memo. Please note that a chief appraiser does not have the authority, or the duty, to investigate, or judge, the qualifications of the nominees. Further, a chief appraiser can not extend the deadline for receiving nominations. Attached is a nominee form. Please return a form for each nominee before October 15, 2013. CALENDAR ...FOR APPOINTMENTS... ��....�......�_.,. _ ....... ...........................�.., ..m._ 1. Before October 1st - Each jurisdiction will be advised of the number of votes they are entitled to cast for Board members. (See Attached) 2. Before October 15th - The governing body of each jurisdiction may nominate up to five candidate(s) to the DCAD Board of Directors. The number of votes that each jurisdiction has is not relevant in the initial nomination phase. 3. Before October 30th - A comprehensive list of the nominees will be compiled and this information will be sent to the taxing jurisdictions in the form of a ballot. 4. Before December 15th - The taxing jurisdictions choose by written resolution the candidate, or candidates, of their choice. The jurisdictions then submit the names of their candidates and the votes they cast for each candidate before the December 15th deadline. 5. Before December 31 st — A tabulation of the votes will be forwarded to the jurisdictions. The five candidates that have received the most votes become the Board of Directors as of January 1 st. PHONE: (940) 349 -3800 METRO: (972) 434 -2602 FAX: (940) 349 -3801 Memo, Appointing Board of Directors, August 30, 2013 Page 2 SELECTING A NOMINEE AUTHORITATIVE GUIDELINES - The selection process is set forth in Section 6.03 of the Property Tax Code. This process is not an "election" governed by the Texas Election Code. It is an independent procedure unique to the property tax system. ELIGIBILITY - An appraisal district director must reside in the appraisal district for at least two years immediately proceeding the date he or she takes office. Most residents are eligible to serve as a director. An individual that is serving on the governing body of a city, county, or school district is eligible to serve as an appraisal district's director. An employee of a taxing unit served by the appraisal district is not eligible to serve as a director. However, if the employee is an elected official, he or she is eligible to serve. A statute relevant to the Board selection process prohibits nepotism and conflict of interest for appraisal district directors and chief appraisers. In summary, the law states that: .......... "a person may not serve as director if closely related to anyone in the appraisal district or if related to anyone who represents owners in the district, or if the person has an interest in a business that contract with the district or a taxing unit. A chief appraiser may not employ someone closely related to a member of the board of directors ". FREQUENCY OF MEETINGS - The applicable statutes require the board of directors to meet not less often than once each calendar quarter. NOMINATION FORM Please return this form to DCAD before October 15, 2013. Reminder.... your jurisdiction may nominate up to five candidates to the Denton Central Appraisal District Board of Directors. Please include the address and phone number of your nominees. Name of your jurisdiction: Name of nominee: Name Address City . .............. .. Zip Phone # ( ) Return this form to: Kathy Williams Denton Central Appraisal District P.O. Box 2816 Denton, TX 76202 DENTON CENTRAL APPRAISAL DISTRICT BOUD OF •R_ CHARLES STAFFORD Chairman 1903 Williamsburg Row Denton, Texas 76209 JOHN MAHALIK Vice- Chairman 2648 Newcastle Dr. Carrollton, TX 75007 TOM WASHINGTON Secretary 1805 Countryside Carrollton, TX 75007 DR. LINDA MONACO Member 3500 Remington Dr. Denton, TX 76210 CARROLL G. MACLIN Member 8862 Beartooth Drive Frisco, TX 75034 Ex Officio Member P.O. MICHELLE FRENCH . •0 Denton, - s: \legal \our documents \resolutions \13\nominate central appraisal district resolution.doc RESOLUTION NO. A RESOLUTION NOMINATING MEMBERS TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for the Board of Directors of the Denton Central Appraisal District will expire on December 31, 2013; and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton, Texas, hereby nominates Charles Stafford as a member to the Board of Directors of the Denton Central Appraisal District for two -year terms to commence January 1, 2014. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2013. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Airport Ael ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing and approving the transfer of an Airport Lease Agreement approved by Ordinance 2004 -362 on December 1, 2004 and subsequently amended between the City of Denton, Texas and Jet Works Air Center Management, LLC for the property located at 5035 Warbird Drive, Denton Enterprise Airport as authorized by the United States Bankruptcy Court for the Northern District Of Texas, Fort Worth Division, in Case No. 12- 46776-RFN for the sale of all assets of Jet Works Air Center Management, LLC to Greenpoint Aerospace Corporation; and providing an effective date. BACKGROUND On December 12, 2012, Jet Works Air Center, LLC (Jet Works) filed for Chapter 11 bankruptcy relief through the United States Bankruptcy Court for the Northern District Of Texas, Fort Worth Division, in Case No. 12- 46776 -RFN. On September 11, 2013, Airport Staff received a Lease Assignment of Commercial Operators Lease request from Jet Works to transfer the property lease first approved for Jet Works on December 1, 2004 and subsequently amended to include additional property for a current total of approximately 4.4 acres located at 5035 Warbird Drive on Denton Enterprise Airport to Greenpoint Aerospace Corporation ( Greenpoint). If the proposed lease transfer ordinance is approved by the City Council, the transfer of property lease will occur concurrent with the Court approved transfer of property improvements to Greenpoint. On September 17, 2013, the Court entered an order approving the sale of all Jet Works assets to Greenpoint. These assets include two aircraft service hangars totaling 68,000 square feet under roof, plus an additional 8,000 square feet of office and work space. In order to complete the sale of these property improvements, it is necessary for the City to transfer the property lease on which the facilities are constricted to the new owner. The closing date for sale of property is scheduled for October 3, 2013. Greenpoint has been researched by Airport Staff and determined to be a viable tenant for Denton Enterprise Airport with substantial business activity that will retain the employment base established by Jet Works and bring a vital aviation industry to the Airport. There is potential for business expansion in the near term, with new property lease space, additional property improvements and additional employment. The primary business of Greenpoint to be conducted Agenda Information Sheet October 1, 2013 Page 2 at Denton Enterprise Airport is completion of Boeing Business Jets (BBJs) for delivery to private owners. Greenpoint is the parent corporation of Odyssey Aerospace, an established Denton business located at 3561 Shelby Lane. This company produces components for customizing aircraft interiors. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This proposed lease transfer has been discussed with the Council Airport Committee Chairman. The request is being presented directly to the City Council based upon the United States Bankruptcy Court for the Northern District Of Texas, Fort Worth Division order in Case No. 12- 46776-RFN to transfer all Jet Works assets to Greenpoint Aerospace Corporation. FISCAL INFORMATION The current lease rate for property to be transferred to Greenpoint is $46,994 annually ($0.245 /square foot). In addition to assuming ongoing lease payments for property located at 5035 Warbird Drive, the Court order includes payment of delinquent lease payments from 2012 plus late fees in the amount of $34,984.78. Attorney fees of $5,043.22 will, also, be paid to the City at closing. Historic business activity from the hangars at 5035 Warbird Drive generated over 100 jobs with a local payroll of over $6 million. Property taxes were assessed at $90,000 annually and sales taxes amounted to $150,000. The new Greenpoint business activity is anticipated to exceed this level of financial contribution to the local economy. RECOMMENDATION Airport staff recommends approval of the property lease transfer to Greenpoint Aerospace Corporation. Respectfully submitted: Quentin Hix, Director of Aviation SALegal \Our Documents \Ordinances \13\Airport Lease Agreement for 5035 Warbird Drive.docx ORDINANCE NO. AN ORDINANCE AUTHORIZING AND APPROVING THE TRANSFER OF AN AIRPORT LEASE AGREEMENT APPROVED BY ORDINANCE 2004 -362 ON DECEMBER 1, 2004 AND SUBSEQUENTLY AMENDED BETWEEN THE CITY OF DENTON, TEXAS AND JET WORKS AIR CENTER MANAGEMENT, LLC FOR THE PROPERTY LOCATED AT 5035 WARBIRD DRIVE, DENTON ENTERPRISE AIRPORT, AS AUTHORIZED BY THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS, FORT WORTH DIVISION, IN CASE NO. 12- 46776 -RFN FOR THE SALE OF ALL ASSETS OF JET WORKS AIR CENTER MANAGEMENT, LLC TO GREENPOINT AEROSPACE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 1, 2004, the City of Denton, Texas (hereinafter the "City ") entered into that certain Airport Lease Agreement (hereinafter the "Agreement ") with Jet Works Air Center Management, LLC to lease property located at 5035 Warbird Drive, Denton, Texas as approved by Ordinance 2004 -362 as subsequently amended, which documents are on file in the Office of the City Secretary and are wholly incorporated herein; and WHEREAS, on September 11, 2013, the City received a request from Jet Works Air Center Management, LLC to consider a Lease Assignment of Commercial Operators Lease at Denton Enterprise Airport to Greenpoint Aerospace Corporation, said request is attached hereto and incorporated herein as Attachment A; and WHEREAS, the United States Bankruptcy Court for the Northern District Of Texas, Fort Worth Division, in Case No. 12- 46776 -RFN has authorized the sale of all assets of Jet Works Air Center Management, LLC to Greenpoint Aerospace Corporation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Council hereby authorizes and approves the transfer of an Airport Lease Agreement approved by Ordinance 2004 -362 on December 1, 2004 and subsequently amended between the City of Denton, Texas and Jet Works Air Center Management, LLC for the property located at 5035 Warbird Drive, Denton Enterprise Airport, as authorized by the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division, in Case No. 12- 46776 -RFN for the sale of all assets of Jet Works Air Center Management, LLC to Greenpoint Aerospace Corporation. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013 MARK A. BURROUGI-IS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 11-YA APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page 2 Attachment A LEASE ASSIGNMENT OF COMMERCIAL OPERATORS LEASE AT DENTON ENTERPRISE AIRPORT DATE: September 11, 2013 ASSIGNOR: Jet Works Air Center Management, LLC ASSIGNEE: Greenpoint Aerospace Corporation LEASE: Date: December 1, 2004 Landlord: City of Denton, Texas Tenant: Jet Works Air Center Management, LLC Premises: Approximately 4.4 acres of land located at 5035 Warbird Drive, Denton, TX 76207. Assignor assigns to Assignee Tenant's interest in the lease. A. Assignee Agrees To: 1. Assume Assignor's Obligations under the lease at time of closing. 2. Accept the premises in their present "as is" condition. 3. Complete all obligations of purchase from Assignor prior to this assignment becoming effective. Landlord consents to this assignment. Landlord agrees to notify Assignor within 30 days of any Assignee default and to notify Assignee in the event of Assignor's default. B. Assignor agrees as a condition of Landlord's consent to this Assignment that: 1. Assignor will pay the Landlord a $500 transfer fee. PREVIOUS ASSIGNMENTS: Jet Works Aviation, Inc. to Jet Works Management, LLC Original Date of Lease: between City of Denton and Jet Works Aviation, Inc. December 1, 2004 For Jet 'Marks ,, r n4 Manageme t, LC, Assignor Fo Gree oint Aerro�sppaace Corporation, Assignee Consent: City of Denton, Landload,Aeorge Campbell, City Manager STATE OF COUNTY OF Are ns a was acknowiedgyj beI t Notary Name � 1 0 ype of tdentifcadon Produced •` "Y:"'ai EARTH D. SHIPLEY Notary Public, Stote of Texas My Commission Expires ww %a P APPROVED AS TO FORM: CITY ATTORNEY CITY OF DENTON, TEXAS BY 2 Pudblhc V ieai -ihr AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Economic Development Department ACM: John Cabrales, Jr. SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Tetra Pak Materials LP Reinvestment Zone No. XI for commercial /industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. BACKGROUND The proposed ordinance establishes Reinvestment Zone XI. Under Chapter 312 of the Texas Tax Code, businesses that receive tax abatements must be located within a reinvestment zone, a designated area where economic development is encouraged. Tetra Pak Materials LP, a Texas Limited Partnership, plans to relocate their headquarters to Denton and expand their current facility located at 3300 Airport Road, in Denton. The property included within the boundaries represents a site of approximately 52.554 acres situated on the north side of Airport Road and east of Western Boulevard. The City Council's adoption of the ordinance establishing the reinvestment zone will allow Council to consider a tax abatement agreement with Tetra Pak Materials LP. The current building comprises approximately 220,000 square feet. The company plans to expand the facility an additional 32,000 square feet. ESTIMATED SCHEDULE OF PROJECT If the reinvestment zone and tax abatement are approved, the expansion project is expected to take 14 months to complete. PRIOR ACTION/REVIEW At the August 28, 2013 meeting, the Economic Development Partnership Board reviewed the request and recommended approval of the proposed tax abatement agreement (8 -0). City Council received a briefing on the Tetra Pak Materials project at the September 17, 2013, (Closed Session) meeting. FISCAL INFORMATION Establishing the reinvestment zone has no fiscal impact. Agenda Information Sheet October 1, 2013 Page 2 EXHIBITS Ordinance Prepared by: Erica Sullivan, Economic Development Analyst Economic Development Department Respectfully submitted: Aimee Bissett, Director onomic Development Department sAlegal\our d0cuments \ordinances \13 \tetra pale reinvestment zone ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A CERTAIN AR- EA WITHIN THE CITY LIMITS OF DENTON AS TETRA PAK MATERIALS, LP REIN- VESTMENT ZONE NO. XI FOR COMMERCIAL /INDUSTRIAL TAX ABATEMENT; ES- TABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING FINDINGS REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE; ORDAIN- ING OTHER MATTERS RELATING THERETO; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas ( "City" or "Municipality ") desires to promote the development or redevelopment of a certain contiguous geographic area within its corporate city limits and its jurisdiction by the creation of a reinvestment zone for commercial /industrial tax abatement, as authorized by Tex. Tax Code Ch. 312 (referred to as the "Property Redevelopment and Tax Abatement Act" or the "Act "); and WHEREAS, an industry or business known as Tetra Pak Materials, Limited Partnership has requested tax abatement to relocate their headquarters to Denton and expand their current facility located at 3300 Airport Road, in Denton, Texas and build improvements within the area to be designated as Reinvestment Zone XI; and WHEREAS, the City Council desires to create a proper economic and social environment to induce investment of private resources and productive business enterprises in this area of the City, which meets the criteria established under §312.202 of the Act, and to expand primary em- ployment or to attract major investment; and WHEREAS, a public hearing before the City Council was held at or after 6:30 p.m. on October 1, 2013, in the City Council Chambers of the City of Denton at 215 East McKinney Street in the City of Denton, such date being at least seven days after the date of publication of notice of such public hearing and the receipt of written notices of such public hearing by the pre- siding officer of each taxing unit that includes in its boundaries real property that is to be includ- ed in the proposed reinvestment zone, in accordance with §312.201 of the Act; and WHEREAS, such public hearing was held before the consideration and adoption of this ordinance; and WHEREAS, the City, at that hearing, invited any interested citizen or his representative to appear and offer testimony or evidence for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in the notice calling the public hearing should be included in the proposed reinvestment zone, and the concept of tax abatement; and WHEREAS, in accordance with such public notice, all owners of property within the proposed reinvestment zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest the creation of the proposed reinvestment zone or the inclusion of their property in such reinvestment zone; and WHEREAS, on the 17th day of April, 2012, on or before the holding of the above - mentioned public hearing, the City Council passed Resolution No. 2012 -007 establishing guide- lines and criteria governing tax abatement agreements and stating that the City of Denton elects to become eligible to participate in tax abatement, in accordance with Tex. Tax Code §312.002 and such Policy is now in effect and was in effect prior to the public hearing; and WHEREAS, at the public hearing proponents and opponents of the reinvestment zone of- fered evidence in favor and against all matters relating to the creation of the reinvestment zone, and, after hearing this testimony and evidence, the City Council deems it in the public interest to create this reinvestment zone; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2. For the purposes of this ordinance, the following terms and phrases shall have the following meanings ascribed to them: A. Improvements — Improvements shall include, for the purpose of establishing eligibility under the Act, any activity at the location, including, but not limited to, new construction, recon- struction, renovation and repairs. B. Taxable Real Property — Taxable real property shall be as defined in the Texas Property Tax Code and shall not include personal property as defined in the Code. C. Tangible Personal Property — Tangible Personal Property shall be defined as business per- sonal property, excluding inventory and supplies. D. Base Year — The base year for determining increased value shall be the taxable real property value assessed the year in which the Tax Abatement Agreement is executed. SECTION 3. The City, through its City Council, after conducting the above - mentioned public hearing and having heard such evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to it: A. The public hearing on the adoption of the reinvestment zone has been properly called, held, and conducted in accordance with §312.201 of the Act and all other applicable laws, and that notice of such hearing has been published as required by law and delivered to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone as required by law; and Page 2of8 B. Prior to holding the public hearing, the City has adopted, by resolution, the guidelines and criteria governing tax abatement agreements by adopting a City of Denton Tax Abatement Policy, as amended, and the City has elected to participate in tax abatement; and C. The City had jurisdiction to hold and conduct the public hearing on the creation of the pro- posed the reinvestment zone, pursuant to chapter 312 of the Act; and D. The boundaries of the reinvestment zone shall be the area described in the metes and bounds description attached hereto as Exhibit "A" and as shown on the diagram as the outlined area attached hereto as Exhibit "B" and being approximately 52.554 acres on State F.M. Highway 1515, just north of Airport Road and east of Western Boulevard in the corporate limits of the City of Denton, Texas, such Exhibits "A" and "B" being incorporated and made a part of this ordinance as if written word for word herein; and E. The creation of the reinvestment zone for commercial /industrial tax abatement with the im- provements expected to be developed by Tetra Pak Materials, Limited Partnership would be of benefit to the City and to the land to be included in the zone, with the boundaries as de- scribed in Exhibit "A," after the expiration of the tax abatement agreement entered into under §312.204 of the Act, and the improvements sought are feasible and practical; and F. The reinvestment zone as defined in Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone, as set forth in §312.202 of the Act, since it is, "rea- sonably likely, as a result of the designation, to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the Municipality;" and G. The reinvestment zone as defined in Exhibit "A" and shown on Exhibit "B" meets the criteria for the creation of a reinvestment zone as set forth in the Denton Policy for Tax Abatement and the expected improvements in the boundaries of the zone are expected to enhance signif- icantly the value of all taxable real property and tangible personal property located within the reinvestment zone. SECTION 4. Pursuant to §312.201 of the Act, the City, through its City Council, hereby creates a reinvestment zone for commercial /industrial tax abatement encompassing only the area described by the metes and bounds description in Exhibit "A" attached hereto and as shown on Exhibit "B" attached hereto and such reinvestment zone is hereby designated and shall hereinaf- ter be designated as Reinvestment Zone No. XI, City of Denton, Texas. SECTION 5. Reinvestment Zone No. XI shall be effective as of November 1, 2013, and shall terminate five years from that date, on October 31, 2018, unless extended for an additional five -year term or unless earlier terminated by action of the City Council in accordance with §312.203 of the Act. SECTION 6. To be eligible for tax abatement, a commercial /industrial project shall: A. Be located wholly within the zone established herein; Page 3 of 8 B. Meet the requirements of the Denton Tax Abatement Policy; C. Not include property that is owned or leased by a member of the City Council of the City of Denton, or by a member of the Planning & Zoning Commission; D. Conform to the requirements of the City's zoning ordinance and all other applicable laws and regulations; and E. Have and maintain all land located within the designated zone, appraised at market value for tax purposes. SECTION 7. Written tax abatement agreements with property owners located within the zone shall provide the terms regarding duration of exemption and share of taxable real property and /or tangible personal property located on the real property for taxation as approved hereunder, as shown below: A. Duration of exemption from two years to ten years depending on the value of the structures and real property in accordance with the Denton Tax Abatement Policy, beginning with and including January 1, 2014; and B. Share of taxes abated - in the maximum of 65% of taxes on the total value of appraised real property improvements and tangible personal property, excluding inventory and supplies, as more particularly described in the Tax Abatement Agreement between the City of Denton and Tetra Pak Materials, Limited Partnership, which are added, provided, however, nothing herein shall prevent any other taxing unit that includes in its boundaries real property that is included in the reinvestment zone from entering into a tax abatement agreement with a dif- ferent share of taxes abated on the total value of appraised improvements which are added, in accordance with the requirements of chapter 312 of the Act. SECTION 8. Any written agreements authorized under this ordinance must include pro- visions for: A. Listing the kind, number, and location of all proposed improvements of the property; B. Access to and authorizing the inspection of the property by municipal employees to ensure that the improvements or repairs are made in accordance with the specifications and condi- tions of the agreements; C. Limiting the uses of the property, consistent with the general purpose of encouraging devel- opment or redevelopment of the zone during the period that property tax exemptions are in effect; D. Recapturing of property tax revenues lost as a result of the agreement if the owner of the property fails to make the improvements or repairs as provided by the agreement; Page 4 of 8 E. Containing each term agreed to by the owner of the property; F. Requiring the owner of the property to certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term of the agreement; G. Providing that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement; H. Contain any additional terms and conditions which the City Council deems are necessary, in accordance with §312.205 of the Act, and that are negotiated with the owner of the property. Provided, however, nothing herein shall prevent other taxing units, who include in their boundaries real property within the reinvestment zone, from negotiating terms and conditions that are different from any municipal tax abatement agreement, so long as the mandatory terms and conditions required by §312.205 of the Act are included. SECTION 9. The City Council further directs and designates the City Manager and the Director of Economic Development as liaisons for communication with regard to all matters per- taining to the Zone, including, without limitation, the development of the amendment of the cur- rent Denton Tax Abatement Policy if necessary, the negotiation of tax abatement agreements with industries, commercial enterprises, and other businesses eligible for tax abatement under the Tax Abatement Policy and for communication with other taxing entities and the Economic De- velopment Partnership Board. SECTION 10. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 11. If any section, paragraph, clause, or provision in this ordinance, or appli- cation thereof to any person or circumstance is held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the re- maining portions of this ordinance. SECTION 12. It is hereby found, determined, and declared that a sufficient written no- tice of the date, place, hour, and subject of the meeting of the City Council at which this ordi- nance was adopted was posted and placed and conveniently accessible at all times to the general public at the City Hall of the City for the time required by law, preceding this meeting, as re- quired by the Open Meetings Act, Tex. Gov't Code Ch. 551, and that this meeting was open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further rati- fies, approves, and confirms such written notice and contents posting thereof. The City Council further finds that a quorum was present at such meeting. SECTION 13. The contents of the notice of public hearing, which hearing was held be- fore the City Council and before the passage of this ordinance on October 1, 2013, the publica- tion of said notice is hereby ratified, approved, and confirmed. Page 5 of 8 SECTION 14. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY C APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: MARK A. BURROUGHS, MAYOR Page 6 of 8 EXHIBIT A ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, AND THE JOHN DAVIS SURVEY, AB- STRACT NUMBER 326, BOTH IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK 1, OF WESTPARK ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 127, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND AT A CAPPED IRON ROD FOUND FOR CORNER AT THE SOUTHWEST COR- NER OF SAID LOT 1, COMMON TO THE SOUTHEAST CORNER OF LOT 2A, BLOCK A, OF SAID WESTPARK ADDITION, PHASE 2, ACCORDING TO THE PLAT THEREOF RECORDED IN COUNTY CLERK'S FILE NUMBER 2012 -116, SAID PLAT RECORDS, AND IN THE NORTH RIGHT -OF -WAY LINE OF FARM TO MARKET ROAD NUMBER 1515 (AIRPORT ROAD); THENCE NORTH 01 DEGREES 00 MINUTES 41 SECONDS EAST WITH THE WEST LINE OF SAID LOT 1 AND AN EAST LINE OF SAID LOT 2A, A DISTANCE OF 2082.39 FEET TO A '' /2 ", IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER OF SAID LOT 1, COMMON TO A RE- ENTRANT CORNER IN THE EAST LINE OF SAID LOT 2A; THENCE SOUTH 88 DEGREES 53 MINUTES 27 SECONDS EAST WITH THE NORTH LINE OF SAID LOT 1, AND A SOUTH LINE OF SAID LOT 2A PART OF THE WAY, AND PASSING EN ROUTE AT A DISTANCE OF 77.28 FEET NEAR A ' /2 ", IRON ROD FOUND FOR WITNESS AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, OF R.D. WELCH INTERCHANGE ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET Y, PAGE 619, SAID PLAT RECORDS, AND CONTINUING ON SAID COURSE WITH THE SOUTH LINE OF SAID LOT 1 OF R. D. WELCH INTERCHANGE ADDITION, AND PASSING EN ROUTE AT A DISTANCE OF 595.61 FEET A PK NAIL FOUND IN CONCRETE AT THE SOUTHEAST CORNER OF SAID LOT 1 OF R.D. WELCH INTER- CHANGE ADDITION, COMMON TO THE SOUTHWEST CORNER OF LOT 3 OF SAID WESTPARK ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN COUN- TY CLERK'S FILE NO. 2012 -116, SAID PLAT RECORDS, AND THAT BEARS NORTH 18 DEGREES 01 MINUTES 31 SECONDS WEST A DISTANCE OF 11.37 FEET FROM A CAPPED '/2 ", IRON ROD FOUND FOR WITNESS, AND CONTINUING ON SAID COURSE WITH THE SOUTH LINE OF SAID LOT 3, A TOTAL DISTANCE OF 1102.76 FEET TO A SQUARE ' /2 ", IRON ROD FOUND FOR CORNER AT THE NORTHEAST CORNER OF SAID LOT 1, COMMON TO THE SOUTHEAST CORNER OF SAID LOT 3, AND IN THE WEST LINE OF LOT 1 -R, BLOCK A, OF PETERBILT ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET U, PAGE 369, SAID PLAT RECORDS; THENCE SOUTH 01 DEGREES 05 MINUTES 16 SECONDS WEST WITH THE EAST LINE OF SAID LOT 1 AND THE WEST LINE OF SAID LOT I -R, A DISTANCE OF 2074.68 FEET TO A ' /2" IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER OF Page 7 of 8 SAID LOT 1, COMMON TO THE SOUTHWEST CORNER OF SAID LOT 1 -R, AND IN THE NORTH RIGHT -OF -WAY LINE OF SAID FARM TO MARKET ROAD NUMBER 1515; THENCE NORTH 89 DEGREES 17 MINUTES 32 SECONDS WEST WITH THE SOUTH LINE OF SAID LOT 1 AND WITH THE NORTH RIGHT -OF -WAY LINE OF SAID FARM TO MARKET ROAD NUMBER 1515, A DISTANCE OF 1 100.00 FEET TO THE PLACE OF BEGINNING AND ENCLOSING 52.554 ACRES OF LAND MORE OR LESS. Page 8 of 8 hi'dM6 aa� l Vu:druffl AGENDA INFORMATION SHEET AGENDA DATE: October 1, 2013 DEPARTMENT: Economic Development ACM: John Cabrales Jr. SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with Tetra Pak Materials LP; setting forth all the required terms of the Tax Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent to Tetra Pak Materials LP, receiving the Tax Abatement; providing for a severability clause; and providing an effective date. (Economic Development Partnership Board recommends approval 8 -0) BACKGROUND Tetra Pak Materials LP, a Texas Limited Partnership, has been in Denton for twenty -nine years. In 2000, the company added the Americas Global Information Management hub, a pilot research and development center and relocated the U.S. Technical Service Center. The company is now seeking to expand their facility, install a printing press and relocate their corporate headquarter operations from Chicago to Denton. Infrastructure improvements involve the installation of right and left turn lanes, asphalt overlay and Texas Department of Transportation (TxDOT) approach in support of a new trick entrance on the west side of the facility. The current facility comprises approximately 220,000 square feet. The increase in real and business personal property valuation of the proposed project expansion is estimated at $10.7 million. Tetra Pak Materials manufactures, processes and packages liquid foods all over the globe. The company uses an aseptic packaging process that removes air and bacteria, which allows for a products shelf life for a minimum of six months. This process provides a product that is free of preservatives and does not require refrigeration. The plant has three divisions: data center, marketing and the factory operations. Tetra Pak Materials expects to create a total of thirty new jobs (fifteen transfers and fifteen new hires) with this expansion, at an average wage of $82,667. The tax abatement request before the Council represents a four -year abatement at 65% each year for a total estimated incentive of $191,888. Agenda Information Sheet October 1, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT If approved, the Tetra Pak expansion project is expected to take 14 months to complete. PRIOR ACTION/REVIEW At the August 28, 2013 meeting, the Economic Development Partnership Board (EDPB) reviewed the request and recommended (8 -0) a tax abatement incentive of 65% for four years with the following conditions: that the facade be substantially similar to what was presented to the EDPB and that the company shall maintain their headquarter operations in the City of Denton for the term of the abatement. City Council received a briefing on the Tetra Pak Materials project at the September 17, 2013, (Closed Session) meeting. FISCAL INFORMATION Below is a table representing the current Valuation Estimate for Tetra Pak and projected valuation with improvements. The highlighted portion represents the improvements that are eligible for tax abatement under our existing policy, with the total estimated Eligible Annual Tax Revenue of $73,803. Tetra Pak Valuation Estimate The Economic Development Partnership Board considered the Tetra Pak incentive application and has recommended (8 -0) a tax abatement of 65% for four years. Annual Tax, Estimated Estimated Revenue from Total Tax Current Increase in New Inreaed Revenue P"ro "ect Valuation Valuation, Valuation Valuation Estimate Land $1287,161 $1,660,448 $3,947,609 $1L453 $27229 Improvements $7,550,700 $6,200,000 $13,750,700 � �$42;765 , $94,845 Eligible BPP $16,406,248 $4,500,000 $20M6,248 $31,039'' $144,201 Inventon- Less Freeport $ 507,563 $125,000 $631563 $862 $4363 Total Valuation $26,751,672 $12,485,448 $39,237,120 $86,118 $270,638 The Economic Development Partnership Board considered the Tetra Pak incentive application and has recommended (8 -0) a tax abatement of 65% for four years. Agenda Information Sheet October 1, 2013 Page 3 This decision was made based on their base qualifications ($10 million investment) plus additional factors for consideration, including: locating a national headquarters in Denton, environmental /green building practices, use of renewable energy, local preference for contractors and subcontractors, and expansion of an existing facility. If valuations result as proposed, Tetra Pak would receive a total incentive in the amount of $191,888. During the four -year tax abatement, the City would receive 35% of property tax revenues on the building/improvements and equipment, resulting in new revenues of approximately $103,324. Prepared by: Erica Sullivan, Economic Development Analyst Economic Development Department Respectfully submitted: Aimee Bissett, Director Economic Development Department sAlegal \our documents \ordinances \13 \tax abatement agreement ordinance.doe ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT WITH TETRA PAK MATERIALS LP; SETTING FORTH ALL THE RE- QUIRED TERMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF TIIE TEXAS TAX CODE; SETTING FORTH THE VARIOUS CONDITIONS PRECEDENT TO TETRA PAK MATERIALS LP, RECEIVING THE TAX ABATEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVID- ING AN EFFECTIVE DATE. WHEREAS, on the 1 st day of October, 2013, after a public hearing duly held in accord- ance with §201 of Chapter 312, Texas Tax Code (the "Act "), the City Council passed Ordinance No. 2013- (the "Ordinance ") establishing Reinvestment Zone No. XI, City of Denton, Texas as a commercial /industrial reinvestment zone for tax abatement (the "Zone "), as author- ized by Title 3, Chapter 312, Subchapter B of the Act; and WHEREAS, on the 14th day of July, 2013, Tetra Pak Materials LP, a Texas limited part- nership ( "Tetra Pak "), submitted an application for tax abatement with various attachments to the City concerning the contemplated use of certain property located within the Zone; and WHEREAS, the City Council finds that the contemplated use of the premises and the contemplated improvements to the premises, as indicated by Tetra Pak, are consistent with en- couraging the development of the Zone in accordance with the purposes for its creation and are in compliance with the Denton Tax Abatement Policy; and WHEREAS, the City Council deems it in the public interest to enter into a Tax Abate- ment Agreement with Tetra Pak; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble to this Ordinance are true and cor- rect and are adopted as a part of the whole Ordinance. SECTION 2. The City Council finds and determines the following: A. The contemplated use of the premises and the contemplated improvements of the premises, as indicated by Tetra Pak, are consistent with encouraging the development of the Zone in accordance with the purposes of its creation and are in compliance with the Denton Tax Abatement Policy. B. The City Council finds that the improvements sought by Tetra Pak within the Zone are feasible and practical and would be a benefit to the land to be included in the Zone and to the City after the expiration of the Tax Abatement Agreement to be en- tered into with Tetra Pak. sAlegal\ our documents\ ordinances \13 \tax abatement agreement ordinance.doc C. The City Council finds that the Tax Abatement Agreement contains all the terms which are mandatorily required to be included in any tax abatement agreement under §312.205 of the Act. D. In accordance with §312.2041 of the Act, the City Council finds that not later than the date on which the City Council considered this ordinance, and not later than the sev- enth day before the date the City enters into a Tax Abatement Agreement with Tetra Pak, that the City Manager, through the Director of Economic Development, who are hereby designated and authorized by the City Council to give such notice, delivered to the presiding officer of the Denton Independent School District and Denton County a written notice that the City intends to enter into this Tax Abatement Agreement with Tetra Pak, and that this notice included a copy of the proposed Tax Abatement Agreement in substantially the form of the Tax Abatement Agreement attached to this ordinance. E. Before the passage of this Ordinance, the City Council held a public hearing in ac- cordance with §312.201 of the Act and created Reinvestment Zone No. XI. F. The City Council finds that the project within Reinvestment Zone No. XI is a rede- velopment and expansion of an existing business as defined in the Tax Abatement Policy and requires additional incentives to promote economic development that gen- erally satisfies the requirements of the policy and the City Council hereby authorizes a tax abatement of a maximum of 65% on the increased valuation of the Taxable Real Property improvements and tangible personal property as more particularly described in the Tax Abatement Agreement attached hereto and made a part hereof by reference as Exhibit "A" (the "Tax Abatement Agreement "). SECTION 3. The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute the Tax Abatement Agreement with Tetra Pak in substantially the same form as the Tax Abatement Agreement attached as Exhibit "A ". SECTION 4. The City Council hereby instructs and authorizes the City Manager to in- spect, audit, and evaluate the progress of Tetra Pak to determine if it has met all of the conditions of the attached Tax Abatement Agreement prior to the tax abatement going into effect. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton hereby declares that it would have enacted such remaining portions despite any such validity. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. Page 2 of 3 sAlegaRour clocLitiieiits\ot-diiiitices\13\tax abatement agreement ordinance.doc PASSED AND APPROVED this the — day of , 2013 ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 01 BY: 7z MARK A. BURROUGHS, MAYOR Page 3 of 3 sAlegal\our d0cuments\ contracts \13 \tax abatement agreement.doex TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement ") is entered into by and between the City of Denton, Texas (the "City "), duly acting herein by and through its Mayor, and TETRA PAK MATERIALS LP, a Texas Limited Partnership (the "Owner "), duly authorized to do busi- ness and in good standing in the State of Texas, duly acting herein by and through the authorized officer of its general partner. WHEREAS, the City has adopted a resolution which provides that it elects to be eligible to participate in tax abatement and has adopted guidelines and criteria governing tax abatement agreements known as the Denton Tax Abatement Policy; WIIEREAS, on the 17t1i day of April, 2012, the City Council of Denton, Texas (the "City Council ") adopted the Denton Tax Abatement Policy (the "Policy "), a copy of which is on file in the City of Denton Economic Development Office and which is incorporated herein by refer- ence; WHEREAS, the Policy constitutes appropriate "guidelines and criteria" governing tax abatement agreements to be entered into by the City as contemplated by Section 312.002 of the Texas Tax Code, as amended (the "Code "); WHEREAS, on the day of October, 2013, the City Council passed Ordinance No. 2013- (the "Ordinance ") establishing Reinvestment Zone No. XI, City of Denton, Texas, as a commercial /industrial reinvestment zone for tax abatement (the "Zone "), as authorized by Title 3, Chapter 312, Subchapter B of the Code (the "Act "); WHEREAS, Owner will be the owner, as of the Effective Date (as hereinafter defined), which ownership is a condition precedent, of certain real property, more particularly described in s:Alegal \our documents\ contracts \l3\tax abatement agreement.docx Exhibit "A" attached hereto and incorporated herein by reference and made a part of this Agree- ment for all purposes (the "Premises ") located entirely within the Zone as of the Effective Date; WHEREAS, on the 14th day of July 2013, Owner submitted an application for tax abatement with various attachments to the City concerning the contemplated use of the Premises (the "Application for Tax Abatement "), which is attached hereto and incorporated herein by ref- erence as Exhibit "B "; WHEREAS, the City Council finds that the contemplated use of the Premises, the Con- templated Improvements (as hereinafter defined) to the Premises as set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accord- ance with the purposes for its creation and are in compliance with the Ordinance and Policy and similar guidelines and criteria adopted by the City and all applicable law; and WHEREAS, notice has been published in accordance with Chapter 312 of the Code and written notice that the City intends to enter into this Agreement, along with a copy of this Agreement, has been furnished by the City, in the manner and by the time prescribed by the Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; NOW, THEREFORE, the City and Owner for and in consideration of the premises and the promises contained herein do hereby contract, covenant, and agree as follows: I. TERMS AND CONDITIONS OF ABATEMENT A. In consideration of and subject to the Owner meeting all the terms and conditions of abatement set forth herein, the City hereby grants the following tax abatement ( "Abatement "): 1. An abatement equal to 65% of City ad valorem taxes attributable to new capital in- vestments resulting in an increase of assessed value (excluding land value), deter- mined by the Denton Central Appraisal District, of real property improvements to and Page 2 sAlegal\our documents\ contracts \13 \tax abatement agreement.docx tangible personal property (excluding inventory and supplies) located on the Premis- es, excluding Owner's assessed valuation of real and personal property currently lo- cated at 3300 Airport Road as of January 1, 2013, but only if such increase is at least $5,000,000 over the assessed value, determined by the Denton Central Appraisal Dis- trict, of the Premises and tangible personal property (excluding inventory and sup- plies) located on the Premises, excluding Owner's assessed valuation of real and per- sonal property currently located at 3300 Airport Road as of January 1, 2013, for a pe- riod of four years commencing on January 1 of the year following the Owner's issu- ance of a certificate of occupancy (the "CO ") for the Premises (the "Term of the Abatement "). If such increase in assessed value, determined by the Denton Central Appraisal District, is less than $5,000,000 there will be no Abatement. B. A condition of the Abatement is that, by December 31, 2015 (subject to force majeure delays not to exceed 180 days), a capital investment which results in an increase in the assessed values, determined by the Denton Central Appraisal District, contemplated by Section LA.1 be made to the Premises. For the purposes of this paragraph, the term "force majeure" shall mean any circumstance or any condition beyond the control of Owner, as set forth in Sec- tion XX "Force Majeure" which makes it impossible to meet the above - mentioned thresholds. C. The term "capital investment" is defined as the construction, renovation and equipping of the Improvements on the Premises (the "Contemplated Improvements" or "Im- provements") to include (1) costs related to the development and improvement of the real estate, including, without limitation, construction, architecture, design, engineering and legal costs; and (2) tangible personal property located on or at the Contemplated Improvements by Owner, ex- cluding inventory and supplies. The kind and location of the Contemplated Improvements is more particularly described in the Application for Tax Abatement. Page 3 sAlegal\our documents\ contracts \13 \tax abatement agrcement.doex D. A condition of the Abatement is that the Contemplated Improvements be con- structed and the Premises be used substantially in accordance with the description of the project set forth in the Application for Tax Abatement. E. A condition of the Abatement is that throughout the Term of the Abatement, the Contemplated Improvements shall be operated and maintained for the purposes set forth herein so that the uses of the Premises will be consistent with the general purpose of encouraging de- velopment or redevelopment of the Zone, except as otherwise authorized or modified by this Agreement. F. A condition of the Abatement is that, throughout the Term of the Abatement, the Owner shall maintain its headquarter operations in the City of Denton Should the Owner relo- cate its headquarters facility outside of the City limits of Denton, then the abatement will be ter- minated. G. A condition of the Abatement is that the facade improvements in Exhibit "D" at- tached hereto and incorporated herein by reference and made a part of this Agreement be sub- stantially similar to the rendering and description that was presented to the City. H. The City shall have the right to terminate the Abatement if the Owner does not occupy the Contemplated Improvements continuously for the Term of the Abatement for the purposes set forth in the Tax Abatement Application. In the event of such termination the Owner shall refund to the City all previous tax abatements and all tax abatements for future years shall be terminated. ment. I. Owner agrees to comply with all the terms and conditions set forth in this Agree- Page 4 sAlegal\our documents \con1racts \13 \tax abatement agreement.docx II. FAILURE TO MEET CONDITIONS A. In the event that (i) the conditions in paragraphs I.B. through I.I. are not met; or (ii) Owner allows its ad valorem real property taxes with respect to the Premises or Improve- ments, or its ad valorem taxes with respect to any tangible personal property, if any, owned by the Owner which is located in the Improvements, owed the City to become delinquent and fails to timely and properly follow the legal procedures for protest and /or contest of any such ad val- orem real property or tangible personal property taxes; or (iii) any other conditions of this Agreement are not met, then a "Condition Failure" shall be deemed to have occurred (it being understood that a Condition Failure relating to any condition set forth in paragraphs I.B. through I,I. shall not be deemed to occur merely because at a particular time it cannot be determined whether such condition will be met, but shall occur only if at a particular time it can be defini- tively determined that such condition will not be met). In the event that a Condition Failure oc- curs, the City shall give Owner written notice of such Condition Failure and if the Condition Failure has not been cured or satisfied within ninety (90) days of said written notice, the Abate- ment shall be terminated with respect to the year in which notice of the Condition Failure is giv- en and all future years; provided, however, that if such Condition Failure is not reasonably sus- ceptible of cure or satisfaction within such ninety (90) day period and Owner has commenced and is pursuing the cure or satisfaction of same, then after first advising City Council of its ef- forts to cure or satisfy the same, Owner may utilize an additional ninety (90) days. Time in addi- tion to the foregoing 180 days may be authorized by the City Council. It is understood that the Abatement with respect to any year prior to the year in which notice of the Condition Failure is given shall not be forfeited or recaptured except as indicated under Section II.B. hereof. Not- withstanding any provision in this Agreement to the contrary, Owner shall refund to the City all Page 5 sAlegal\our documents \contracts \13 \tax abatement agreement.docx tax abatements previously received with interest (at six (6) percent per annum) for the year in which the notice of Condition Failure is given. B. If, however, the Owner fails to construct any structures or other improvements, or fails to install any equipment or other tangible personal property within the Premises by Decem- ber 31, 2015 or if the assessed value, determined by the Denton Central Appraisal District, of the Improvements falls below the minimum $5,000,000 threshold, or of the Owner fails to maintain its headquarter operations in the City of Denton during the Term of the Abatement, then this Agreement may be terminated by the City. In such event, Owner shall refund to the City all tax abatements previously granted and received under this Agreement with interest on the amount to be refunded at six percent (6 %) per annum. C. In the event of a Condition Failure by Owner which is not cured or satisfied as set forth herein, in addition to a partial or total recapture of the tax abatement, the City may cancel or modify this Agreement as permitted herein. III. RECORDS AND EVALUATION OF PROJECT A. The Owner shall provide access to and authorize inspection of the Premises by City employees and allow reasonable inspection of financial information to insure that the Im- provements are made and the thresholds are met according to the specifications and conditions of this Agreement. Such inspections shall be done in a way that will not interfere with Owner's business operations, during normal office hours and following reasonable written notice to Own- er. City shall annually (or at such other times deemed appropriate by the City) evaluate the pro- ject to ensure compliance with this Agreement. Owner shall provide information to the City on a form provided by the City for the evaluation. The information shall include inventory listing the kind, number, and location of and the total assessed value, determined by the Denton Central Appraisal District, of all Improvements to the Premises, including, without limitation, the as- Page 6 sAlegal\our documents\ contracts \13 \tax abatement agreement.doex sessed value, determined by the Denton Central Appraisal District, of all structures and all tangi- ble personal property installed or located in the Premises. B. The City Manager shall rule on the eligibility of the project for tax abatement based on the information furnished each year by the Owner on or before August 1 of the taxable year and shall so notify Owner and the City Council. C. During normal office hours throughout the Term of the Abatement, provided that reasonable notice is given to Owner, the City shall have access to the Premises by City employ- ees for the purpose of inspecting the Premises and the Improvements. to ensure that the Im- provements are being made in accordance with the specifications and conditions of this Agree- ment and to verify that the conditions of this Agreement are being complied with, provided that such inspection shall not interfere with Owner's normal business operations. D. The Owner shall annually make a certification in writing to the City Council, on or before June I" of each year this Agreement is in effect, that the Owner is in compliance with each applicable term of this Agreement. IV. GENERAL PROVISIONS A. The City has acknowledged that it has adopted guidelines and criteria governing tax abatement agreements for the City that allow it to enter into this Agreement under the terms set forth herein. B. The City has determined that procedures followed by the City conform to the re- quirements of the Code and the Policy, and have been and will be undertaken in coordination with Owner's corporate, public employee, and business relations requirements. C. The Premises are not in an improvement project financed by tax increment bonds. Page 7 sAiegakour documents\ contracts \13 \tax abatement agreement.doex D. Neither the Premises nor any of the Improvements covered by this Agreement are owned or leased by any member of the City Council, any member of the City Planning and Zon- ing Commission, or any member of the governing body of any taxing unit joining in or adopting this Agreement. E. In the event of any conflict between the City zoning ordinances, or other City or- dinances or regulations, and this Agreement, such ordinances or regulations shall control. V. EFFECT OF SALE, ASSIGNMENT, OR LEASE OF PROPERTY A. The Abatement with respect to the Premises, including any tangible personal property located on the Premises owned by Owner, shall vest in Owner and shall be assignable, with City approval, which approval shall not be unreasonably withheld, to any individual, part- nership, joint venture, corporation, trust or other entity (irrespective of whether or not such as- signee is related to or affiliated with Owner) which acquires title to the Premises. Any assignee of Owner, or any assignee of a direct or indirect assignee of Owner, shall be treated as "Owner" under this Agreement. No assignment shall require the consent of the City if the assignment is to a wholly -owned subsidiary of the Owner or if, following such assignment, the Owner continues to occupy and operate the Contemplated Improvements for the full Term of the Abatement. The consent of the City shall not be necessary if such assignee agrees to fully comply with the terms and conditions of this Agreement. VI. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designated in writing, by certified mail postage pre- pare, by hand delivery or via facsimile: Page 8 sAlegal\our documents \contracts \13 \tax abatement agreement.doex OWNER: Bruce Mackimmie Factory Manager Tetra Pak Materials LP 3300 Airport Road Denton, Texas 76207 CITY: George A. Campbell City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Fax No. 940.349.8596 VII. CITY COUNCIL AUTHORIZATION This Agreement was authorized by the City Council by passage of an enabling ordinance at its meeting on the day of , 2013, authorizing the Mayor to execute this Agree- ment on behalf of the City, a copy of which is attached hereto and incorporated herein by refer- ence as Exhibit "C ". VIII. BOARD OF DIRECTORS AUTHORIZ_,ATION This Agreement was entered into by Owner, pursuant to authority granted by the Board of Directors of its general partner, Tetra Pal-, Converting GP LLC, a Texas limited liability com- pany, as authorized by corporate resolution to execute this Agreement on behalf of Owner. IX. SEVERABIILTY In the event any section, subsection, paragraph, sentence, phrase or word is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, para- graph, sentence, phrase, or word. In the event that (i) the Term of the Abatement with respect to any property is longer than allowed by law, or (ii) the Abatement applies to a broader classifica- tion of property than is allowed by law, then the Abatement shall be valid with respect to the classification of property abated hereunder and the portion of the term that is allowed by law. Page 9 s: \legal \our documents \contracts \13 \tax abatement agreement.docx X. ESTOPPEL CERTIFICATE Any party hereto may request an estoppel certificate from the other party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, which, if requested, will be addressed to the Owner, shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default (or, if default exists, the nature of default and curative action, which should be undertaken to cure same), the remain- ing terms of this Agreement, the levels and remaining Term of the Abatement in effect, and such other matters reasonably requested by the party(ies) to receive the certificates. XI. OWNER STANDING Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying or- dinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to intervene in said litigation. XII. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas and is fully per- formable in Denton County, Texas. Venue for any action under this Agreement shall be in Den- ton County, Texas. XIII. MUTUAL ASSISTANCE City and Owner agree to do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. Owner and City agree at any time, and from time to time, to execute any Page 10 s:Uegal \our documents\ contracts \13 \tax abatement agreement.doex and all documents reasonably requested by the other party in order to carry out the intent of this Agreement. XIV. ENTIRE AGREEMENT This instrument, with the attached exhibits, contains the entire agreement between the parties with respect to the transaction contemplated in this Agreement. XV. BINDING This Agreement shall be binding on the parties and the respective successors, assigns, heirs, and legal representatives. XVI. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an orig- inal, but all of which together shall constitute one and the same instrument. XVII. SECTION AND OTHER HEADINGS Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. XVIII. NO JOINT VENTURE Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby disavowed. Page 11 sAlegal \our documents\ contracts \13 \tax abatement agreement.docx XIX. AMENDMENT This Agreement may be modified by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not orig- inally necessary to this Agreement pursuant to the procedures set forth in Title 3, Chapter 312 of the Code. XX. FORCE MAJEURE If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God, or other causes beyond the control of either Party, either Party is not able to perform any or all of its obli- gations under this Agreement, then the respective Party's obligations hereunder shall be sus- pended during such period but for no longer than such period of time when the party is unable to perform. Page 12 sAlegal\Off doulmentskontracts\13\tax abatement agreement.docx This Agreement is executed to be effective 30 days after the executed date of the —_ day of — 2013, (the "Eff'ective Date") by duly authorized officials of the City and Owner. CITY OF DENTON,TEXAS "A MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY- d eex'� TETRA PAK MATERIALS LP BY: TETRA PAK CONVERTING GP LLC, its general partner IM BY: MARK TURPIN, ASSISTANT SECRETARY MAVEL NAVARRO, VICE PRESIDENT AND GENERAL COIJNSEL Page 13 sllegal \our documents \contracts \13 \tax abatement agreement.doex STATE OF TEXAS COUNTY OF DENTON Before me, the undersigned authority, a Notary Public in and for said State of Texas, on this day personally appeared Mark Burroughs, Mayor for the City of Denton, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of , 2013. Notary Public in and for the State of Texas My Commission Expires: _ Page 14 STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned, Mark Turpin, on behalf of TETRA PAK MATERIALS LP, known to me to be the Assistant Secretary of Tetra Pak Converting GP LLC, the general partner of TETRA PAK MATERIALS LP, and to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and con- sideration therein expressed. Given under my hand and seal of office this the day of , 2013 Notary Public in and for the State of My Commission Expires: _ STATE OF TEXAS § COUNTY OF DALLAS § Before me, the undersigned, Mavel Navarro, on behalf of TETRA PAK MATERIALS LP, known to me to be the Vice President and General Counsel of Tetra Pak Converting GP LLC, the general partner of TETRA PAK MATERIALS LP, and to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was execut- ed for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of , 2013. Notary Public in and for the State of My Commission Expires: _ Page 16 EXHIBIT A ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, AND THE JOHN DAVIS SURVEY, AB- STRACT NUMBER 326, BOTH IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK 1, OF WESTPARK ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 127, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND AT A CAPPED IRON ROD FOUND FOR CORNER AT THE SOUTHWEST COR- NER OF SAID LOT 1, COMMON TO THE SOUTHEAST CORNER OF LOT 2A, BLOCK A, OF SAID WESTPARK ADDITION, PHASE 2, ACCORDING TO THE PLAT THEREOF RECORDED IN COUNTY CLERK'S FILE NUMBER 2012 -116, SAID PLAT RECORDS, AND IN THE NORTH RIGHT -OF -WAY LINE OF FARM TO MARKET ROAD NUMBER 1515 (AIRPORT ROAD); THENCE NORTH 01 DEGREES 00 MINUTES 41 SECONDS EAST WITH THE WEST LINE OF SAID LOT 1 AND AN EAST LINE OF SAID LOT 2A, A DISTANCE OF 2082.39 FEET TO A I/2 ", IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER OF SAID LOT 1, COMMON TO A RE- ENTRANT CORNER IN THE EAST LINE OF SAID LOT 2A; THENCE SOUTH 88 DEGREES 53 MINUTES 27 SECONDS EAST WITH THE NORTH LINE OF SAID LOT 1, AND A SOUTH LINE OF SAID LOT 2A PART OF THE WAY, AND PASSING EN ROUTE AT A DISTANCE OF 77.28 FEET NEAR A 1/2 ", IRON ROD FOUND FOR WITNESS AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, OF R.D. WELCH INTERCHANGE ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET Y, PAGE 619, SAID PLAT RECORDS, AND CONTINUING ON SAID COURSE WITH THE SOUTH LINE OF SAID LOT 1 OF R. D. WELCH INTERCHANGE ADDITION, AND PASSING EN ROUTE AT A DISTANCE OF 595.61 FEET A PK NAIL FOUND IN CONCRETE AT THE SOUTHEAST CORNER OF SAID LOT 1 OF R.D. WELCH INTER- CHANGE ADDITION, COMMON TO THE SOUTHWEST CORNER OF LOT 3 OF SAID WESTPARK ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN COUN- TY CLERK'S FILE NO. 2012 -116, SAID PLAT RECORDS, AND THAT BEARS NORTH 18 DEGREES O1 MINUTES 31 SECONDS WEST A DISTANCE OF 11.37 FEET FROM A CAPPED 1/2 ", IRON ROD FOUND FOR WITNESS, AND CONTINUING ON SAID COURSE WITH THE SOUTH LINE OF SAID LOT 3, A TOTAL DISTANCE OF 1102.76 FEET TO A SQUARE 1/2 ", IRON ROD FOUND FOR CORNER AT THE NORTHEAST CORNER OF SAID LOT 1, COMMON TO THE SOUTHEAST CORNER OF SAID LOT 3, AND IN THE WEST LINE OF LOT 1 -R, BLOCK A, OF PETERBILT ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET U, PAGE 369, SAID PLAT RECORDS; THENCE SOUTH O1 DEGREES 05 MINUTES 16 SECONDS WEST WITH THE EAST LINE OF SAID LOT 1 AND THE WEST LINE OF SAID LOT 1 -R, A DISTANCE OF 2074.68 FEET TO A '/2" IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID LOT 1, COMMON TO THE SOUTHWEST CORNER OF SAID LOT 1 -R, AND IN THE NORTH RIGHT -OF -WAY LINE OF SAID FARM TO MARKET ROAD NUMBER 1515; Page 17 THENCE NORTH 89 DEGREES 17 MINUTES 32 SECONDS WEST WITH THE SOUTH LINE OF SAID LOT 1 AND WITH THE NORTH RIGHT -OF -WAY LINE OF SAID FARM TO MARKET ROAD NUMBER 1515, A DISTANCE OF 1100.00 FEET TO TIIE PLACE OF BEGINNING AND ENCLOSING 52.554 ACRES OF LAND MORE OR LESS. Page 18 EXHIBIT B: Application Page 19 2012 Tax Abatement Policy EXHIBIT A CITY OF I- K"KI, City of Denton Tax Abatement Application City of Denton Department of Economic Development Denton, Texas 76201 (940) 349 -7776 (940) 349 -8596 FAX www.cityofdenton.com Aimee .bissett(a-),citvofdenton.com Page 10 of 17 2012 Tax Abatement Pal Icy APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS I. Property Owner Tetra Pak Materials LP company or Project Name Relocation of US headquarters a_ nd additional production capacity Mailing Address 3300 Airport Road Denton, TX 76207 Telephone 940 -565 -8800 Fax No. 940- 565 -8420 Website www,tetrapak.com /us Contact Name Bruce Mackimmie 1Ilda Factory Manager Mailing Address same - - -- Telephone 940- 565 -8835 Fax No, Emoll Address bruce.mackimmie @tetrapak.com 2, Provide a omnology of plant op@ninga, oming and mideatiom ovhr tha past 13 y@are. The Denton facility begann o. erations in 1984. In 2000Lan additional buildin was added to the campus for the Americas Global Information Management u , an cen er pl o pan , an re oca Ion o ec nlca service center. 3. Provide a record of mergers and financial restructuring during the past 15 years, None 4. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existing? Owner 5. Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give current location. Expansion of building, including relocation of employees from our Chicago headquarters and installation of a printing press 6. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the existing facility will be subtracted from the value of the new facility to arrive at total project value. Page 11 of 17 2012 Tai: Abatement Policy No 7. Property Description. - Attach a copy of the legal description detailing property's metes and bounds. - Attach map of project including all roadways, land use and zoning within $00 feet of site. see attachments. 8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal District Include both real (land and improvements) and personal property). see attachments 9. Increased Value/Estimated Total Cost of Project. Structures $ 6,200,000 Site Development $ 1,600,000 Personal Property S 5,500,000 other Improvements $ 10. Indicate percent of tax abatement and number of years requested. Percent Requested 55% Years Requested ! List any other financial incentives this project will requestireceive Estimated Freeport Exemption $ Estimated Electric Utility Industrial Development Rider $ Estimated Water/Wastewater Infrastructure Assistance $ 11. Give a brief description of the activities to be performed at this location, including a description of products to be produced and /or services to be provided. Production of packaaincl material for li uj ocation also rveS as global information management regional hub, R &D center (pilot plant), technical service center and will also be the new US corporate 12. Describe any off -site infrastructure requirements: Water • Wastewater page 12 of 17 2012 Tax Abatement Policy Installation of right and left turn lanes, and asphalt overlay of • streets street, and TxDOT approach, in support of new truck entrance on the west side of a campus • Drainage • Other 13, Project Operation Phase, Provide employment intbrmation fbr the number of years tax abatement Is requested. 1{, Types of jobs created, List the Stab titles and number of positions in each category that will be employed at the fhcgity, Provide avemga wage fbr each category, White collar professional and administrative positions related to the relocation of current Chicago US corporate headquarters (3. Indicate the number of shjfig the protect will oneratt Facility operates 24/7 Page 13 of 17 At Project Existing Start Hato At Term of Employment Mbrmation Operation (motyr) Abatement (it applicable) 07 t_13 A. Total number of permanent, Aill -time jobs 375 375 390 B, Pmploy"s transtt'rred from Outside Denton 15 C Net permanent full -timo JObs (A, minus 11) 375 375 405 C. `total annual PgMIi for all permanent, full -time $25 mio $25 mio $30 mio Jobs (A,) 1{, Types of jobs created, List the Stab titles and number of positions in each category that will be employed at the fhcgity, Provide avemga wage fbr each category, White collar professional and administrative positions related to the relocation of current Chicago US corporate headquarters (3. Indicate the number of shjfig the protect will oneratt Facility operates 24/7 Page 13 of 17 2012 Tax Abatement Policy H. Estimate annual utility usage for project: Electric 18 rpio kWh Water 30k gpd Wastewater 30k gpd Gas 24 mlo mcf 14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sates tax revenue or project elements identified in Tax Abatement Policy, Section 111). None 15, Is property toned appropriately? Yes No Current toning, IC -G Zoning required t'br proposed pr*ct, I C -G Anticipated variances, None Ili. Is pt lwirty p Will Mplatting N necomary Yes it, Discuss any enAmnmental Impacta tmawd by the ptject, A, List any permits Ibr which applicant gust apply, Applicant will be required to provide City with copies orall applications for environmental parmits upon completion of applicationf s), None B1 provide record of compliance to all environmental regulations for the past live years. See attached procedures, which we are in compliance. with. Wg are currently in the process of investigating and planning mitigation steps or Righer than allowed waste water phosphorous eves. 18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting company. N/A 19. Provide description of any historically significant area included within the project's area as determined by the Historic preservation Officer. If any, give detail of how the historically significant area will be preserved. None Page 14 of 17 2012 Tax Abatement Policy 20. Justification for Tax Abatement Request: Substantiate and more fully describe the justification forth is request, include the amount of the abatement requested and show how it wit] contribute to the financial viability of the project. Submit attachments if necessary. The ri-clupstL-d tax ahatpmpnt will he—asubstaotial contribution to offset the cost of relocation of our US headquarters to Denton and the installation and operation of the new printing press. The amount of e requested a5atemeMt Is appraxrma e y per year. 21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the Tax Abatement Policy. 22. Financial Information: Attach a copy of the latest auattea ttnanctai statemcm ur, n< LIM %;=q U a I- F Je I a business plan. Financial information is confidential; we have attached some relevant company figures. 23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please identify type and provide a brief description)? e'project itself has a -,mail environmen a Componen where we will use some _ first Denton business to utilize solar panels on the roof of the factory (Environmental profile presentation attached) 24. Applicants seeking LEER certification must complete the Green Building Application for Tax Abatement (Exhibit B of the policy), NIA Page 15 of 17 Occupies building vacant for at least 2 years Donation of materials to public schools X Project creates high - skilled, high - paying jobs Improvements to Downtown Significant relationship with universities Project forms business park 25% of new jobs filled by Denton residents X International or national headquarters X 25% local contractors to be utilized Medical manufacturing or research facility 25% of jobs are knowledge -based X Environmentally sustainable practices used Donation of significant public art X Renewable Energy generated/stored /utilized X Community support and involvement: Attach description of community involvement 22. Financial Information: Attach a copy of the latest auattea ttnanctai statemcm ur, n< LIM %;=q U a I- F Je I a business plan. Financial information is confidential; we have attached some relevant company figures. 23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please identify type and provide a brief description)? e'project itself has a -,mail environmen a Componen where we will use some _ first Denton business to utilize solar panels on the roof of the factory (Environmental profile presentation attached) 24. Applicants seeking LEER certification must complete the Green Building Application for Tax Abatement (Exhibit B of the policy), NIA Page 15 of 17 2012 Tax Abatement Policy COMPLETE THIS SECTION IF REQUESTING ADDITIONAL INCENTIVE BASED ON LEED CERTIFICATION CONSTRUCTION Property Owner Company or Project Name Mailing Address Telephone Fax No, Website Contact Name Title Mailing Address Pax Na. �, E't�jeavt laerttion addrexg; 3, Provide documentation that the project has been registered with the U,& Gret n Building C ouneil, 4. Provide a description of the project (plena include the building size, number of occupants and estimated budget), 6. Attach a preliminary Leadership in Energy and Environmental Design (LEER) Scorecard illustrating how project will achieve the LEED certification. Level of Certification: Number of Points: Page I6 of 17 2Dl2 Tax Abatement Policy This Tax Abatement Application is submitted with the acknowledgement that additional information may be required. Authorized Signature Date; 1ss's, / �% 03L Page 17 of 17 M6t1 TETRA PAK ING 101 CORPORATE WOODS PKWY VERNON HILLS IL 60061 -3109 IIrII�I�I�1I111hII�I�IIIhIIIIrI114h�IlIl�h�rlrklllUll11f IMPROVEMENT VALUE NON HOMESITE IMPROVEMENT LAND MARKET VALUE �v � c. Vl �rtrl�i�ni I nn v l n l L'- IYILIV 1 ROPA, N7'ilU BER,, ti 100042 DEN IMIN �p 9INUM®11 PERSONAL PROPERTY - PACKAGING MANUFACTURING PLANT LOCATION :3300 AIRPORT RD, DENTON S11TUS., 3300 AIRPORT RD EXEMPTIONS: Freeport ASSESSMENT RATIO: 100% MINERAL VALUE PERSONAL PROPERTY 2211 AG VALUE l:.J'!\i11.F+.1 \11;1,7.��f } .. t.:.. ., STEVE MOSSMAN �. ' DENTON COUNTY TAX ASSESSOR COLLECTOR PO BOX 90223 p DENTON, TEXAS 76202 4840 * 940 -349 -3500 M6t1 TETRA PAK ING 101 CORPORATE WOODS PKWY VERNON HILLS IL 60061 -3109 IIrII�I�I�1I111hII�I�IIIhIIIIrI114h�IlIl�h�rlrklllUll11f IMPROVEMENT VALUE NON HOMESITE IMPROVEMENT LAND MARKET VALUE �v � c. Vl �rtrl�i�ni I nn v l n l L'- IYILIV 1 ROPA, N7'ilU BER,, ti 100042 DEN IMIN �p 9INUM®11 PERSONAL PROPERTY - PACKAGING MANUFACTURING PLANT LOCATION :3300 AIRPORT RD, DENTON S11TUS., 3300 AIRPORT RD EXEMPTIONS: Freeport ASSESSMENT RATIO: 100% MINERAL VALUE PERSONAL PROPERTY 2211 AG VALUE l:.J'!\i11.F+.1 \11;1,7.��f } .. t.:.. ., :t.. ' .';1► ! �,:1... AAN�'.0 1�,?' �, �! �i\l1M CY; CITY OF DENTON 8,065,140 14,069,542 0.689750 97,044.67 DENTON ISD 8,065,140 14,069,542 1.530000 215,263.99 DENTON COUNTY 8,065,140 14,069,542 0.282867 39,798.09 *ADDITIONAL CITY SALES TAX REDUCED YOUR CITY AD VALOREM TAX BY $ 17,384.75. a,.r'YI,LN., s:ry� ',`' IL CAl:a74MOtJNt l?tI ;J1F PAIb JIV $E REAM IMz"A- ,'#..�a��':� PENALTY AND INTEREST WILL BE DUE ON FEB 1ST IF ACCOUNT 1S NOT PAID IN R)LL LEGAL FEES MAY BECOME DUEATANY TIME AFTER DELtNQUENCY-PA)YMENT S NRLL Of P_QSTEP_.AGWB11jYaX2Ii..USQ,S RA2F_OF DELIVERY TO THE TAX OFFICE. PLEASE SEE PROPERTY TAX INFORMA71ON INSERT FOR AWMONAL INFORMA770N. VISIT OUR WEBSITE FOR eCHECK OR CREDITIDEBIT CARD PAYMENTS http-.1/tax.dentoncounty.com PAYMENT BY PHONE IS AVAILABLE AT 1 -866- 549 -1010 USE DENTON COUNTY BUREAU CODE 3368661 CONVENIENCE FEE WILL APPLY; eCHECK $1.50 Credit/Debit 2.4% Make Checks payable to: Denton County Tax Office Over 65 /Disabled Quarter Pay Request *Please sign and send In with first 9 payment before 01/2013. 1 am currently receiving an Over 65IDIsability exemption and request the Ya payment option on my 2012 property taxes. 100042DEN ' AMOUNT DUE;,.3 * IF PAID ON OR BEFORE JANUARY 31, 2013 $352,106.75 PENALTY AND INTEREST WILL BE DUE ON FEBRUARY 1, 2013 IF ACCOUNT 15 NOT PAID IN FULL THE PENALTY AND INTEREST RATES WILL INCREASE ON THE FIRST DAY OF EACH MONTH, IF PAID IN P & I RATE AMOUNT DUE FEB 2013 7% 376,754.23 MAR 2013 9% 383,796.36 APR 2013. 11% 390,838.49 WHEN PAYING BY CHECK YOU AUTHORIZE A ONETIME ELECTRONIC FUNDS TRANSFER TO DENTON COUNTY TAX OFFICE c VNr, STEVE MOSSMAN i 111111 IIIiI iilll VIII ills IIII `v.' ` a o ERT u�rr M � ". ; DENTON COUNTY TAX ASSESSOR COLLECTOR PO BOX 90223 84826DEN P D TEXAS 76202 940 - 349.0 -349- 3500 2%11 TETRA PAK MATERIALS LP 101 CORPORATE WOODS PKWY VERNON HILLS IL 60061 -3109 IIIIIII�IltII11611" IIIIIIIIIIIIh�I�IIII 'FIIIIIIII'I'yllrrll'I IMPROVEMENT VALUE 4.895,234 NON HOMESITE IMPROVEMENT 4,895,234 LAND MARKET VALUE 2,287,161 WESTPARK BLK 1 LOT 1 ACRES 52.506 SITUS: 3300 AIRPORT RD EXEMPTIONS: IASSESSMENT RATIO: 100% 1 MINERAL-VAtttE " PERSONAL PROPERTY AG VALUE *ADDITIONAL CITY SALES TAX REDUCED YOUR CITY AD VALOREM TAX BY $ 8,874.78. "l' _ O�AUAf b�1Nt bU f PAit� 4th QR B ORr A IUARY PENALTYAND INTEREST WILL BE DUE ON FEB 1St IFACCOUNT IS NOT PAID IN FULL. LEGAL FEE'S MAY BECOME DUE AT ANY TIME AFTER DEL1J WENCY..P YM,EWS -W94 B f�DS7 AE�EOfiWNG�LI -1 l llSl�bCQNCFLLAXIL7AI,Lf�t .OfllF�ftCtGANC�� AlarN114tAr�xTNFnArFpF DELIVERY TO THE TAX OFFICE. PLEASE SEE PROPERTY TAX INFORMATION INSERT FOR ADDITIONAL INFORMATION. VISIT OUR WEBSITE FOR eCHECK OR CREDIT/DEBIT CARD PAYMENTS http:lltax.dentoncounty.eom PAYMENT BY PHONE IS AVAILABLE AT 1-866- 549 -1010 USE DENTON COUNTY BUREAU CODE 3368661 CONVENIENCE FEE WILL APPLY: eCHECK $1.50 Credit/Debit 2.4% I Make Checks payable to: Denton County Tax Office I Over 65 /Disabled Quarter Pay Request !Please sign and send In with first 9 payment betom 1/31/2013. 1 am currently receiving an Over 651131sablity exemption and request the 'A payment option on my 2012 property taxes. 8482pp6 ®®DEN * IF PAID ON OR BEFORE JANUARY 31, 2013 $179,747.84 PENALTY AND INTEREST WILL BE DUE ON FEBRUARY 1, 2013 IF ACCOUNT IS NOT PAID IN FULL. THE PENALTY AND INTEREST RATES WILL INCREASE ON THE FIRST DAY OF EACH MONTH. IF PAID IN P & I RATE AMOUNT DUE FEB 2013 7% 192,330.20 MAR 2013 9% 195,925.13 APR 2013 11% 199,520.11 WHEN PAYING BY CHECK YOU AUTHORIZE A ONE TIME ELECTRONIC FUNDS TRANSFER TO DENTON COUNTY TAX OFFICE CITY OF DENTON 0 7,182,395 0.689750 49,54057 DENTON ISD 0 7,182,395 1.530000 109,890,64 DENTON COUNTY 0 7,182,395 0.282867 20,316,63 *ADDITIONAL CITY SALES TAX REDUCED YOUR CITY AD VALOREM TAX BY $ 8,874.78. "l' _ O�AUAf b�1Nt bU f PAit� 4th QR B ORr A IUARY PENALTYAND INTEREST WILL BE DUE ON FEB 1St IFACCOUNT IS NOT PAID IN FULL. LEGAL FEE'S MAY BECOME DUE AT ANY TIME AFTER DEL1J WENCY..P YM,EWS -W94 B f�DS7 AE�EOfiWNG�LI -1 l llSl�bCQNCFLLAXIL7AI,Lf�t .OfllF�ftCtGANC�� AlarN114tAr�xTNFnArFpF DELIVERY TO THE TAX OFFICE. PLEASE SEE PROPERTY TAX INFORMATION INSERT FOR ADDITIONAL INFORMATION. VISIT OUR WEBSITE FOR eCHECK OR CREDIT/DEBIT CARD PAYMENTS http:lltax.dentoncounty.eom PAYMENT BY PHONE IS AVAILABLE AT 1-866- 549 -1010 USE DENTON COUNTY BUREAU CODE 3368661 CONVENIENCE FEE WILL APPLY: eCHECK $1.50 Credit/Debit 2.4% I Make Checks payable to: Denton County Tax Office I Over 65 /Disabled Quarter Pay Request !Please sign and send In with first 9 payment betom 1/31/2013. 1 am currently receiving an Over 651131sablity exemption and request the 'A payment option on my 2012 property taxes. 8482pp6 ®®DEN * IF PAID ON OR BEFORE JANUARY 31, 2013 $179,747.84 PENALTY AND INTEREST WILL BE DUE ON FEBRUARY 1, 2013 IF ACCOUNT IS NOT PAID IN FULL. THE PENALTY AND INTEREST RATES WILL INCREASE ON THE FIRST DAY OF EACH MONTH. IF PAID IN P & I RATE AMOUNT DUE FEB 2013 7% 192,330.20 MAR 2013 9% 195,925.13 APR 2013 11% 199,520.11 WHEN PAYING BY CHECK YOU AUTHORIZE A ONE TIME ELECTRONIC FUNDS TRANSFER TO DENTON COUNTY TAX OFFICE EWI 2012 -01 EMS Compliance Reporting Schedule.xlsx; Ver: 3.0; Internal 'VERIFY THAT THIS DOCUMENT 1S THE CURRENT VERSION PRIOR T0 USE*** Process Area: ENVIRONMENTAL Instruction Type: ADMINISTRATIVE Replaces Document: The following matrix identifies Environmental reports and activities that are performed on a periodic basis and are required to ensure compliance to legal and other requirments and inclusion into the Environmental Management System compliance Activity Re ulation Frequency Month Annual Waste Summary 30 TAC 335.9 Annual 1 -Mar Air Permit 20652 30 TAC 116 Every 10 Years 2126/2019 Visible Emissions Observations CFR 40 part 60 Quarterly Quarterly Tier II Reports 40 CFR 370 Annual 1 -Mar Report of Ground and Surface Water Texas Water Development Board Annaul 31 -Mar EMS Audit EWI 2042 EMS Audit Schedule & Matrix Annual Per Schedule Hazard Assessment Inspection Report EOP 2036 Emergency Preparedness and Response Annual August Storm Water Pollution Hazard Assessment EOP 2034 Stormwater Pollution Prevention Program Annual August Air Emission Inventory TCEQ Rule 101.10 Annual Notified Air Emissions Fee TCEQ Rule 101.10 Annual Notified Fire Alarm & Suppression Systems Inspection Denton Fire Department Annual Notified EMS Management Review EOP 2045 EMS Management Review Annual Calendar year EMS Document Review EOP 2003 EMS Documents Annual Calendar Year Environmental Aspects Review EOP 2011 Environmental Aspects Annual Calendar Year Accidental Spill and Release response drill. Actual environmental events may substitute a planned drill. EOP 2036 Emergency Preparedness and Response Annual Calendar Year Environmental Performance Indicators Tetra Pak Lund, Environmental Annual 1st Tertiary Source Reduction & Waste Management Plan 30 TAC 335.471 - 477 Every 5 Years 1- Jul -03 Storm Water Grab Sample Inspection EOP 2034 Stormwater Pollution Prevention Program Quarterly After significant rainfalls Storm Water Structure Inspection EOP 2034 Stormwater Pollution Prevention Program Quarterly 1 Quarterly Visable Smoke Emissions Inspection and Evaluation TCEQ Air permit requirements Quarterly Quarterly Tetra Pak - Denton EWI 2012 -01 EMS Compliance Reporting Schedule.xlsx; Ver: 3.0; Internal Chemical consumption and emissions TCEQ Air permit requirements Monthly Continuous monitoring Storm Water Outflow Inspection EOP 2034 Stormwater Pollution Prevention Monthly Every calender Program month Sanitation Survey Texas Departmen of Health Four Pour Inspections inspections within 6 month within 6 month period period Press web cleaner manometer readings TCEQ Air permit requirements Weekly Every calender week Hazardous Waste Area Inspections 30 TAC 335.69 Weekly Every calender week City of Denton Industrial / Commercial 40 CFR 403 Every 4 Years Discharge Permit No. 0056. City Of Denton Ordinance 26 -167 4/1/2014 Waste Water Treatment batch Log TCEQ Air permit requirements Daily Continuous Tetra Pak - Denton sx- Ver- 2.0_ Internal FZSION PRIOR TO USE—' Replaces Document: Requirements verns the format and processing of permit applications and the jance of permits neral definitions and references lers, heaters, drying or curing ovens, furnaces :mpt from permitting requirements empt from permitting requirements where not in contact with seous or liquid process streams. TPY for single printing operation; 25 tpy for all printing operations; iintain records of solvent usage, disposal and recycling. rtified AC maintenance personnel; training; certified equipment; mrdkeeping servations are performed quarterly. Observer must be certified Dry 6 months. !quires notiifcation in the event of a release or threat of release of zardous substances in excess of reportable quantities. rmplete Texas Tier 11 Report each year, pay fee EWl 2012 -02 Environmental Reclulatory Compliance Summarv.xlsx; Ver; 2.0; Internal --- VLRII-Y THAT THIS DOCUMENT 15 THE GURRLNT VERSION PRIOR TO USE*** Process Area: ENVIRONMENTAL I Instruction Type: ADMINISTRATIVE Replaces Document: Regulation Heading Media Activity Requirements 40 CFR 372 Toxic Release Inventory HAZ Usage, processing or manufacture Track chemical usage; Complete form R as necessary Substances of greater than threshold amounts of listed toxic substances 40 CFR 112 Spill Prevention Control & Water Storage of oil greater than Prepare, maintain and implement SPCC; provide secondary Countermeasures threshold amounts containment around all oil storage and loading and unloading areas. 40 CFR 122.26; Stormwater Permit Requirements Water Stormwater discharges associated Secure permit; prepare storm water pollution prevention plan; train with industrial employees; conduct monitoring activitiesConstruction activities disturbing greater than 5 acres 40 CFR 403 Industrial /commercial Wastewater Water Discharge of wastewater to City of Maintain effluent and pollutant limitations outlined in the permit. City Of Denton discharge permit Denton sewer system. Ordinance 26- 187 30 TAC 335 Hazardous & Industrial Solid Haz & Solid Generation of industrial and Properly characterize waste: update Notice of Registration, properly Wastes Waste hazardous waste accumulate, package, manifest, ship and track waste; complete annual report; prepare and implement Source Reduction & Waste Minimization Plan (FIFRA)[40 Texas Agriculture Code, Chapter Pesticide & Pesticide and herbicide application Establishes a program for the review of, registration, and control of CFR Parts 150- 76, entitled Texas Pesticide and Herbicide activities conducted by pesticides. 1883 Herbicide Regulation [Title 4, landscaping and maintenance Chapter 7] personnel (TSCA)[40 CFR Toxic Substances Control Act Toxic Chemical usage throughout facility Regulates the use, development, manufacture, distribution and Parts 700 -799] Substances disposal of chemicals. Certain chemicals (such as PCB's) targeted for specific management standards. 40 CFR 262 Standards Applicable to HAZ Waste Hazardous waste generation Requires generators to characterize, accumulate, manifest and ship Generators of Hazardous Waste hazardous wastes in accordance with standards. Federal standards largely ncorporated within state requirements. 40 CFR 273 Universal waste requirement HAZ Waste Generation of waste batteries and Accumulation, handling, storage and disposal of universal wastes mercury containing wastes 49 CFR 171 -180 Hazardous Materials HAZ MAT Arranging for the shipment of a Property package, label, mark, placard, and manifet waste Transportation 1hazardous material shipments. Provide employee training_ Tetra Pak - Denton EWI 2092 -02 Environmental Requiatory Compliance Summary.xlsx; Ver: 2.0; Internal --- VIL_Kl�-Y THAT THIS DOGUMENT 15 TRr= CURRENT VERSION PRIOR TO USE*** Process Area: ENVIRONMENTAL Instruction Type: ADMINISTRATIVE Replaces Document: Regulation Heading Media Activity Requirements Tetra Pak Other Requirements —Tetra Pak All Media Air emissions, solid waste Requirement to report annually on environmental performance of Corporate Corporate Environmental generation, water consumption, facility activities Performance Indicators electricity generation ISO 14001 EMS International Standard Environmental implement a policy that accounts Compliance to standards assessed semi - annually by 3rd party. Requirements Management for legal requirements and other Complinace also reviewd by internal auditing and management with guidance system requirements, and information review - for use: 2004- about significant environmental 11 -15 aspects. Tetra Pak - Denton July 13th, 2013 Tetra Pak Local Community Involvement & Donations Activities • Keep Denton Beautiful – plant seedlings and distribute to Denton residents • Komen Race for the Cure – second year we will help sponsor / participate in the Denton race (have participated in the Dallas race for 5 years previously) • Onsite E -Waste Recycling Program – semi annually • Post consumer waste recycling -- Development of local / regional programs to get Tetra Pak cartons into the consumer recycling stream. • Apple Tree Back to School Project – buy school supplies for underprivileged children • Salvation Army Angel Tree purchase holiday gifts for children and senior citizens • Dallas Food Bank in conjunction with Dean Foods — supports school children with milk and backpacks • Greater Denton Arts Council Donations • Denton Benefit League – annual donation supports local Denton charities • Our Daily Bread (local soup kitchen) • Denton Food Bank • United Way • Denton Community Health Clinic • Good Samaritan Society • Cumberland Children's Home • Friends of the Family • Salvation Army • Camp Sweeney (summer camp for children with diabetes, etc.) • Denton County Meals on Wheels • Children's Advocacy Center for Denton County • Spirit Horse Therapeutic (helps children with disabilities) • Denton Public Library • Riding Unlimited (helps children with disabilities) • Pioneer Race for TWU (helps student dietetic association for Texas) • Relay for Life (American Heart Association) 3300 Airport Road, Denton, TX, 76207, USA Tel: +1940 565 8800 Fax: +1 940 565 8420 www.tetrapakusa.com Tetra Pak in summary, January 2013 u.wt• Packaging material and closure plants 42 Countriesu ere i`etraa pages are auk . ale r" R &D units 11 I Employees 23,425 Glo al Net sales mio € LaIslAw 3TcI ical Ut l'a! F i 1 B a res I Employees 23,425 Glo al Net sales mio € LaIslAw t Tetra Pak in summary, January 2013 r Tetra Pa k@ in figures f y Nori;ing closely with our customers and Suppliers, we provide safe, innovative and environmentally - sound products that each day meet the needs of h indreds of millions of people in more than 170 c urNSies around the world. -6h . a ,•.,- Packaging machines in operation: 8,708 r Packaging machines delivered in 2012: 505 Am- ;f ` t" Processing units in operation; 67,000 G ` \? -'a3.a. t - Processing units delivered in 2012: 1,971 ., '•t -� i x _ on Units in operatio 17,422 Distribution n: J e{ - -- - ;,- r _ r3ist; i'JUhon units delivered in 2012: 1,721 Factories for machine assembly; B Production plants for packaging material 42 and closures: G 37 h:r..E' corr"rrfs - f 1 Countries where Tetra Pak packages are >170 ' A 82 59d Gfi._es 17 7j-�� asailabfe: n'. • 47 GrG�Sr -LU, r�'at•f -T {ir pii b7'� /'" rr'atF- Iji 2rx: C:G : ^.rE: varket companies: 37 uolipvor orders to Tatra Pak Hoyer Orders from Unilever have been arriv. ing At Tetra Pak Hoyer at an unusually fmi.pace, strengthening Tetra Pak's iong-standing relationsh wm ip with the id's biggest ice -cream manufac- t4r8r.. Four orders for complete high- . gttpocity Straightline extrusion lines hgy@ been fulfilled, the latest one to Unilever's US operations. The first, for Magnum production, wag delivered to Unilever's reference �14nt in Germany at the start of 2011. Unilever is running the line seven days a week to meet demand as the Magnum bar is selling at four times the rate predicted. The second and third orders were both for the US, for Klondike products. Ambitious growth plans to double ice -cream capacity over the next five years lie behind Unilever's Increased investment activity. Tetra Pak expects to see an even greater cooperation and further business in the future. f ' " s 1►f New cheese unit cuts energy use and costs Tetra Pak launched the next generation of its successful Cheddar cheese block- forming unit In November 2011. The new Tatra Tebel Blockformer enables cheese manufacturers to improve environmental performance, reduce costs and minimise product loss. Thanks to lower energy use, the new unit offers a 25 per cent reduction In CO, compared to the previous version. The reduced use of air, water and electri- city also results in 20 per cent lower rurr ning costs per kg cheese. Weight accuracy B improved by as much as 20 per cent. These improvements In performance are the result of a number of innovations driven by Tatra Pak's focus on increas- ing both environmental and operational efficiency. Every day, across the world, more than 13.7 billion litres of water, milk, juice and other liquid foods are consumed. At Tetra Pak, we have developed a range of packages to protect both the nutritional value and the taste of the products inside. Thanks to Tetra Pak technology, the packaging and distribution of liquid products to the consumer has been greatly facilitated. "A package should save more than it costs." This was the tenet of the founder of Tetra Pak, Dr. Ruben Rausing, who initiated the development of the tetrahedron shaped package. The fundamental idea was to form a tube from a roll of plastic-coated paper, fill it with the beverage and seal it below the level of the liquid. Today, Tetra Pak offers much more than just packaging equipment for liquid food products. We also provide a range of processing and packaging technologies for use with a broad array of products, from ice cream and cheese to dry foods, fruit, vegetables and pet food. And we have a range of package alternatives, with 12 different systems in our portfolio. We supply complete systems for processing, packaging and distribution, designed to optimise the use of resources. Our processing systems are not only developed to treat the products gently, but also to minimise the use of raw materials and energy during manufacture and subsequent distribution. We are committed to reducing the environmental impact of Tetra Pak's operations and to enhancing the environ- mental performance of our products and solutions, includ- ing the continued development of environmentally efficient packages that protect food and prevent it from being wasted. processing solutions We provide processing solutions across five food categories: beverage, cheese, dairy, ice cream and prepared food. We deliver everything from innovative individual processing units to customised, automated production solutions with guaranteed performance. By boosting efficiency, we enable our customers to cut both their costs and their environmental Impact. And our advanced plant automa- tion reduces human error and maximises food safety. All this is backed by technical support over the lifetime of the products we supply, mom Packaging Solutions We provide integrated processing, packaging, and distribution solutions for food manufacturing, and offer packaging machines for eleven different packaging alternatives, which can be seen in the picture on next page. From our network Of production facilities, we also supply packaging material to close to 8,700 packaging machines across the globe. Distribution equipment We can offer our customers a range of different types of distribution equipment — including conveyors, tray packers, film wrappers, crates and roll containers— ail of which are developed, produced and marketed by Tetra Pak. Aseptic packaging Our aseptic packaging systems have fundamentally changed the handling Of sensitive liquid foods. Distribution and storage no longer require refrigera- tion, and the shelf life of the package contents is considerably extended. The need for aseptic packaging is rapidly Increasing and the system has proved Invaluable in the distribution of milk and other liquid food products. Today, two thirds of Tetra Pak packages are aseptic. Our aseptic packaging systems have played a vital role in providing children all over the world with essential nourishment. Tetra Pak packages, from left: Tatra Classic' /Tetra Classi& Aseptiq Tetra Recart', Tetra fop', Tatra Brik'/l'atra Brik' Aseptic, Tetra Evers' Aaeptie, Tetra Gemrna* Aseptic, Tetra Reu', Tetra Frno' Aseptic Tetra PrismO Aseptic, and Tetra Wedge' Aseptic. Tatra Classic' Tetra Classic' was the first package launched by Tetra Pak In 1952. An aseptic variant was released in 1961. Tetra Fina$ Tetra Fino* Aseptic is a carton�based . pillow- shaped package, which was introduced in 1997. This roll-fed packaging system offers good economy for produc- ers as well as for consumers. Tetra Gemina' Tetra Geminaa Aseptic is the world's first roll -fed gable -top shaped package with full aseptic performance for juice and liquid dairy products. This packaging system was introduced In 2007. Tetra Prismaa Tetra Prisma* Aseptic is an octagonal package made according to the principle of the Tetra Brik* Aseptic system. The package was launched in 1997. It has excellent grip and pouring performance. Tetra Reza The Tetra Rex* package is rectangular with a gable - shaped top. The first Tetra Rex* packaging machine was installed In 1966. The package is used throughout the world for pasteurised products. Tatra Tope The Tetra Top* package was launched in 1986. It is a reclosable, square package with rounded corners and has a poly- ethylene lid, which Is injection moulded and sealed to the package In a single process. The opening device makes It easy to open, pour from and reclose. Tatra Wedge* The Tetra Wedge" Aseptic package was introduced in 1997. Its Innovative shape enables products to be easily distinguished on shop shelves and keeps packaging material consumption to a minimum. Tetra Evora* Tetra Evero" Aseptic was launched in 2011. It is the world's first aseptic carton bottle for ambient white milk. P V Packaging machines in operation: Packaging machines delivered In 2011: Processing units in operation: Processing units delivered in 2011: Distribution equipment in operation: Distribution equipment delivered In 2011: Factories for machine assembly: Production plants for packaging material and closures: Countries where Tetra Pak packages are available: Market companies: Sales offices: Number of employees: Technical training centres: R &D units: Number of litres of products sold in Tetra Pak packages in 2011 (million): Number of Tetra Pak packages sold in 2011 (million): Net sales in 2011 in € million: Figures as of January 2012 L-D V 8,688 520 66,003 2,250 16,794 1,659 9 42 >170 38 79 22,896 16 11 75,686 167,002 10,360 Now factory In Pakistan In March 2011, Tetra Pak inaugurated a new packaging material factory in Lahore to meet Pakistan's growing requirement for aseptic cartons, Demand for dairy beverages, juices, nectars and still drinks (JNSD) has been increasing steadily for six years, with a compound annual growth rate of 15 per cent for dairy drinks and 16 per cent for JNSD. An investment of €92 million to build Tetra Pak's largest facility in South -East Asia shows continued commitment to customers and consumers In the region. A step towards 100 per cent renewable padcaging During 2011, Nestl6 Brazil was the first custornerto launch two popular milk brands in carton packaging with caps made of plant -based polyethylene plastic. This is an important step for Tetra Pak towards our goal of producing 100 per cent renewable Packaging. The renewable polyethylene was developed by Braskem, Brazil's largest petrochemical company, and is mode from sugarcane. Q. Iri, 61 ;:: AC Introducing a smart new Edge to ambient The new Tetra Brik" Aseptic 1000 Edge LightCap 30 is available globally for milk, juices, still drinks, wines, and other liquid products from April 2012. R adds a distinc- tive sloping top panel and a 30 mm screw cap to the familiar shape of the Tetra Brik' Aseptic package, offering consumers greater convenience and producers an eye- catching way to promote products on the crowded ambient shelf. .: 4W8 Tetra Racarto awarded in Canada Tetra Pak has earned special recognition for its Tetra Recart° packaging system in Canada, taking silver medal in the'Sustain- able Product' category at the Ontario Waste Minimization Awards in Toronto last October. Hosted by the Recycling Council of Ontario, the award recognised products or services that improve the management of resources, reduce waste and minimise negative environmental impacts through- out a lifecyde. This was the third time in six months that Tetra Recarta had won a sustain-ability- related award in Canada. The awards stand as strong testimony to the company's commitment to innovation and environmental sustainability, and strengthen Tetra Pak's position as a leader in the packaging industry. Aseptic takes off In Spain Milk in the Tetra Everoa Aseptic pack- age is proving highly popular in Spain, with CAPSA Alimentana Penasanta, the first Spanish customer to commercially launch this combination, reporting good sales growth in the three product brands being sold in the new package. One of the products, Fibra, which was being sold in Spain prior to its relaunch in Tetra Evero' Aseptic, saw sales start to climb even before a new advertising campaign had started, a fact that CAPSA attributes to the positive effects of the new package. The technical results of the new system are also impressive, with excellent me- chanical and aseptic performance. Tetra Laval comprises three Industry groups: Tetra Pak, DeLaval and Sidel. DeLaval is a full - service supplier to dairy farmers offering complete systems for milk production and animal husbandry. Sidel Is a world leader in the field of equipment for plastic bottles, cans and glass bottles. The equip- ment of Side) covers all liquid food products. Tetra Laval international has responsibility for financing the Tetra Laval Group and managing Its overall legal structure, tax planning, financial and equity structures. It also executes acquisitions and disposals and plays a lead role in corporate governance. Tetra Pak International SA 70, avenue G6n4ral- Guisan CH -1009 Pully /Lausanne Switzerland Phone: +41 21 729 21 11 Fax: +41 21 729 22 44 Tetra Laval International SA 70, avenue Gbn6ral- Guisan CH -1009 Pully /Lausanne Switzerland Phone: +41 21 729 22 11 Fax: +41 21 729 22 88 Tetra Pak International Ruben Rausings gata SE -221 86 Lurid Sweden Phone: +46 46 36 10 00 Tetra Pak, Ar, sv PROTECTS WHATS GOOD, Tetra Pa k Tetra 0rlk•, Teo-a Clac1, Tetra Everoa, TetraFino °, Aj Tetra Gemina•, Tatra Prisma•, Tetra Recart•, Tetra Rex*, Tetra Trap•, and Tetra Wedge' are trademarks belonging to the Tetra Pak Grcmp. w .tetrapak.com R 0 0 Sustainability in Brief is our actions that demonstrates our commitment ® We take a full lifecycle approach to evaluate impact a We have a goal to cap CO2 emissions by 2020, a 40% reduction in absolute terms 11% reduction in CO2 by the end of 2010 We have clear policies and forestry programs in place Our NGO partners help shape our guidelines and audit progress We take an active role to develop sustainable carton recycling Internal 31/08/2012 now Cartons are the package of the future, For future generations • Tetra Pak cartons help Protect the Environment: • WHAT: Mainly from natural resource that grows back • HOW: Lightweight and compact; low carbon foop.(irA�,. � • WHY: Back in use — tissue products ; gr I k 3k f m. n 3 Strategy m 2008 - Re laced,, by Uenton p Municipal Electric 2012 — upgraded open flame shrink ' 2010 — Upgraded p 'to fa( (40% cooling towers tuber with stretch slitting trim and chillers with wind power) system so that wrapper at y variable speed pa lletizer. conditioned air is motor drives for Eliminated need for returned to energy efficiency LP aas 1v A & factory. it . I 3,000 I 2,500 2,000 t t 1,500 1 i 1,000 i i 500 i 0 5 Y V V N `t 2009 - Replaced metal halide lights viith energy efficient fluorescents. Air 2006 - compressor upgrade. Replaced main Improved energy chillers with utilization. new energy ^ efficient ones n n Nom` / 1 , ` Energy Utilization 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Volume ° ^1- Energy Consumption Rate 50.0 I 45.0 E 40.0 35.0 !. 30.0 25.0 20.0 1 15.0 10.0 5.0 0.0 Internal 31!0812012 Renewable Energy Solar Energy Project Pak has installed a PV solar energy system is located on the western end of the factory roof. The system consists of 90, 3 x 6 foot panels and two power inverters. The system is designed to generate up to 25kw of power (32,000 kwh annually) and will be tied into our main supply grid to offset our total factory usage. A 25kw system will reduce annual energy costs for the factory by $2,800 and annual carbon emissions by 20 tons. Although the energy produced by the solar system is small, it paves the way for future solar deployments and the reduction of green house gases from fuel burning power plants. We are the first and only factory in the North American Cluster with a solar energy system and the largest solar producer in the City of Denton. Projects such as this also demonstrate to the community and our customers, Tetra Pak's commitment to the environment and renewable energy. 20 Ton COZ Offset Annually Internal 31/08/2012 Internal 31/08/2012 8 Carbon Footprint The Denton factory aligns to Tetra Pak's global strategy to cap CO2e emissions by implementing efficient energy utilization systems as well as material reduction, reuse and recycle programs to eliminate landfill use. 2020 climate goal CapCO2e despite growth across the value chain Global Carbon footprintindex Tetra Pak value chain 180 ® 160 Target Cap climate impact 140 across the value chain at 2010 levels 120 despite business growth 100 5% annual business growth requires 40% 80 relative CO2e emission reduction 60 r 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Internal 31/08/2012 5% 93`. 1999 Implemented WCM methodologies - waste reduction and improved machine utilization wrimmi, i generation. I n n' 2005 - Installed bulk Ink dispensing system to reduce ink pail use and landfill depletion. ` � V 2008 — Installed i parts washer with self contained soap and rinse waste water reduction. Recycle Performance ,N v Recycle ® Energy Recovery 2011 R a Waste Water Disposal 0.1% scrap printing 1/ Ink Cake Solids d % 0 Mixed Scrap reduce ink pail ■ Ink Buckets ` � V 2008 — Installed i parts washer with self contained soap and rinse waste water reduction. Recycle Performance ,N v v v 2009- 2011 = sourced' Implemented the scrap printing use of pail liners to plates as fuel reduce ink pail blend for energy consumption and recovery resulting landfill depletion.. in landfill reduction. 2012 City of Denton provides reduced cost landfill and recycle options . Factory Recycle Rate rnal 3 irvoil-012 Environmental Leadership and plij- --r:- im Cornmut&N/Veb Site TEXAS COMMISSION ON ENVIRONMENTAL Q,UALITY Internal 31/08/2012 tan Site ftsis im Visit Program,'' t-4 yew TEXAS COMMISSION ON ENVIRONMENTAL Q,UALITY Internal 31/08/2012 EXHIBIT C: Ordinance Page 20 sAlegal \our documents \ordinances \13 \tax abatement agreement ordinance.doe ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT WITH TETRA PAK MATERIALS LP; SETTING FORTH ALL THE RE- QUIRED TERMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF TIIE TEXAS TAX CODE; SETTING FORTH THE VARIOUS CONDITIONS PRECEDENT TO TETRA PAK MATERIALS LP, RECEIVING THE TAX ABATEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVID- ING AN EFFECTIVE DATE. WHEREAS, on the 1 st day of October, 2013, after a public hearing duly held in accord- ance with §201 of Chapter 312, Texas Tax Code (the "Act "), the City Council passed Ordinance No. 2013- (the "Ordinance ") establishing Reinvestment Zone No. XI, City of Denton, Texas as a commercial /industrial reinvestment zone for tax abatement (the "Zone "), as author- ized by Title 3, Chapter 312, Subchapter B of the Act; and WHEREAS, on the 14th day of July, 2013, Tetra Pak Materials LP, a Texas limited part- nership ( "Tetra Pak "), submitted an application for tax abatement with various attachments to the City concerning the contemplated use of certain property located within the Zone; and WHEREAS, the City Council finds that the contemplated use of the premises and the contemplated improvements to the premises, as indicated by Tetra Pak, are consistent with en- couraging the development of the Zone in accordance with the purposes for its creation and are in compliance with the Denton Tax Abatement Policy; and WHEREAS, the City Council deems it in the public interest to enter into a Tax Abate- ment Agreement with Tetra Pak; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble to this Ordinance are true and cor- rect and are adopted as a part of the whole Ordinance. SECTION 2. The City Council finds and determines the following: A. The contemplated use of the premises and the contemplated improvements of the premises, as indicated by Tetra Pak, are consistent with encouraging the development of the Zone in accordance with the purposes of its creation and are in compliance with the Denton Tax Abatement Policy. B. The City Council finds that the improvements sought by Tetra Pak within the Zone are feasible and practical and would be a benefit to the land to be included in the Zone and to the City after the expiration of the Tax Abatement Agreement to be en- tered into with Tetra Pak. sAlegal\ our documents\ ordinances \13 \tax abatement agreement ordinance.doc C. The City Council finds that the Tax Abatement Agreement contains all the terms which are mandatorily required to be included in any tax abatement agreement under §312.205 of the Act. D. In accordance with §312.2041 of the Act, the City Council finds that not later than the date on which the City Council considered this ordinance, and not later than the sev- enth day before the date the City enters into a Tax Abatement Agreement with Tetra Pak, that the City Manager, through the Director of Economic Development, who are hereby designated and authorized by the City Council to give such notice, delivered to the presiding officer of the Denton Independent School District and Denton County a written notice that the City intends to enter into this Tax Abatement Agreement with Tetra Pak, and that this notice included a copy of the proposed Tax Abatement Agreement in substantially the form of the Tax Abatement Agreement attached to this ordinance. E. Before the passage of this Ordinance, the City Council held a public hearing in ac- cordance with §312.201 of the Act and created Reinvestment Zone No. XI. F. The City Council finds that the project within Reinvestment Zone No. XI is a rede- velopment and expansion of an existing business as defined in the Tax Abatement Policy and requires additional incentives to promote economic development that gen- erally satisfies the requirements of the policy and the City Council hereby authorizes a tax abatement of a maximum of 65% on the increased valuation of the Taxable Real Property improvements and tangible personal property as more particularly described in the Tax Abatement Agreement attached hereto and made a part hereof by reference as Exhibit "A" (the "Tax Abatement Agreement "). SECTION 3. The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute the Tax Abatement Agreement with Tetra Pak in substantially the same form as the Tax Abatement Agreement attached as Exhibit "A ". SECTION 4. The City Council hereby instructs and authorizes the City Manager to in- spect, audit, and evaluate the progress of Tetra Pak to determine if it has met all of the conditions of the attached Tax Abatement Agreement prior to the tax abatement going into effect. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton hereby declares that it would have enacted such remaining portions despite any such validity. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. Page 2 of 3 sAlegaRour clocLitiieiits\ot-diiiitices\13\tax abatement agreement ordinance.doc PASSED AND APPROVED this the — day of , 2013 ATTEST: JENNIFER WALTERS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 01 BY: 7z MARK A. BURROUGHS, MAYOR Page 3 of 3 EXHIBIT D: Rendering Page 21 OOCSU�1UtiUpq Op i�1o�t41aAOa _ J Z f . mau roou I ....- - . noon LAA/ qP�A qA�4 p yy �a n o f l (f5{C.r�Q4 Cyy4 '�•n,a ppappA gqt�V�p �My rr rLD =3' 4� G C �A OOCSU�1UtiUpq Op i�1o�t41aAOa _ J Z f . mau roou I ....- - . nzml . � . � / /\