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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1343,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and provide staff direction regarding parking requirements for new
residential developments.
City of DentonPage 1 of 1Printed on 1/5/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Development Services Department
CM/ DCM/ ACM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Receive a report, hold a discussion, and provide staff direction regarding parking requirements for new
residential developments.
BACKGROUND
At the August 1, 2017 City Council Meeting, it was requested that a workshop item be scheduled to discuss
the sufficiency of on-site parking standards for multifamily development, including private student housing
commonly referred to as Single-Room Occupancy (SRO) Developments. In preparing the background and
discussion items for this report, we would be rem-family development parking
as part of this discussion.
While development standards control the massing and bulk of a development (i.e. maximum height,
setbacks, lot coverage, etc.), in order to build to those established maximums, one must be able to provide
enough parking to meet the standards of the code. Coupled with that are the minimum on-site parking
standards and whether some of those required spaces may be within the public right-of-way. As such,
residential parking cannot be looked at singularly.
This report outlines contributing factors associated with Multifamily/SRO and Single-Family developments
that are interrelated in examining parking requirements. Specifically, those items include:
Multifamily/SRO
o Use Classification
o Minimum and Maximum Parking Standards
o Parking Maximums and On-street Parking Credit
Single-Family Residential Developments
o Minimum Lot Dimensions
o Design Standards For Garages
o Minimum and Maximum Parking Standards
o On-Street Parking Credit
o Off-Street Parking and Minimum Street Widths
Multifamily Residential Developments
As a result of the increase in demand for off-campus housing, a number of developments geared towards
student housing have been approved or are in the process of seeking approval. These developments
generally contain multifamily dwellings with 3-4 bedroom units. The bedrooms in these units are rented
separately and a common cooking and/or living area is shared. This type of rental unit is becoming
increasingly popular in municipalities with a major college or university.
Issues associated with this type of rental unit include determining the use classification (Multifamily or
Boarding House) and appropriate zoning district and applying the correct parking standard to ensure that
enough parking is provided on-site. The Denton Development Code (DDC) defines those uses as the
following:
Multi-Family Dwelling: A structure that contains three (3) or more dwellings and any ancillary
uses.
Boarding or Roominghouse: A dwelling in which meals and lodging or just lodging are furnished
for compensation to more than four (4) but fewer than twenty (20) persons. Provision for meals may
be made, provided cooking is done in a central kitchen and not in individual rooms or suites.
Section 35.14.4 of the DDC requires the following combined minimum/maximum parking standards for
Fraternity/sorority, boarding houses, dormitory
RESIDENTIAL USE Min./Max. Spaces
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Based on the above classification and standards, developments that contain 3-bedroom units where each
bedroom is rented individually would not meet the definition of Boarding or Roominghouse and as a result,
the parking would be calculated at the Mixed Density Dwellings (i.e. multifamily) parking ratio of 2 parking
spaces per unit instead of the 1 parking space per bedroom.
To further compound the issue is the combined minimum/maximum parking standards. Parking maximums
have been primarily used in downtown areas, however many municipalities have established a maximum
standard as a tool for stormwater management, increasing densities, and meeting transportation demand
management objectives throughout the community.
Maximum parking standards are typically based on one of three criteria:
1. Some communities set a ratio per number of square feet of building area to establish a maximum.
2. Others base the maximum on some aspect of the minimum standard (e.g., if one space is the
minimum requirement, 1.5 spaces might be the maximum or no greater than 25% of the required
parking).
3. The third type of maximum occurs when a municipality provides a limit on the overall number of
parking spaces in a particular area (e.g., a downtown or a historic district).
As shown above, the City of Denton establishes the minimum and maximum as the same. Any parking
spaces that are provided over the required number of spaces are required to be constructed with pervious
2
surfaces or have to be approved by the Planning and Zoning Commission through the Alternative
Development Plan (ADP) process. Through the ADP process a means of mitigating the stormwater and
visual impacts of the excess parking spaces is required to be provided on site. Spaces provided on-street, or
within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in
multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable
spaces.
While on-street spaces are not counted toward the maximum, the DDC does allow a development
(residential and nonresidential) to receive credit for on-street parking at a ratio of one (1) off-street parking
space credit for every two (2) on-street spaces up to four (4) credits, thereafter one (1) space credit for each
on-street parking space.
For example, a 50 unit development that contains all 3-bedroom units would be required to provide 100
parking spaces. If 10 parking spaces were provided on-street, the development would be required to provide
94 parking spaces on-site; a 6% reduction.
In addition, we also looked at multifamily parking standards within the Metroplex as shown below:
Municipality Multifamily Standard Single Family Standard
4 Spaces Total.
Frisco
1-2 Bedroom: 2 Spaces/Unit
3+ Bedrooms: 2 Spaces plus 1
2 enclosed garage parking spaces and 2
Space/Bedroom
paved parking spaces provided behind the
front property line only for the purpose of
allowing on-site stacking or maneuvering
to the enclosed spaces.
2 parking spaces for each unit including 2
McKinney
1 Space/Unit plus
covered or enclosed spaces.
0.5 Space/Bedroom
No less than 50% of the units
shall have an enclosed parking
space
2 Spaces/Dwelling
Plano
1.5 Spaces/efficiency unit
2 Spaces/one or more
bedrooms
Irving Single-family homes constructed on or
1 Space/Efficiency
after October 16, 2008: 4 Spaces Total.
1.5 Spaces/ 1 Bedroom
Two (2) car garage with a minimum of
2 Spaces/ 2 Bedroom
four hundred (400) square feet, plus two
2.5 Spaces/ 3 Bedroom2.5 + .5
(2) additional off-street parking spaces.
Spaces for each Bedroom
exceeding 3.
Single-family homes constructed before
October 16, 2008: Duplex, triplex, and
manufactured home communitiesTwo
(2) for each dwelling unit.
2 Spaces/Dwelling
Arlington
1 Space/Studio
1.5 Spaces/ 1 Bedroom
2 Spaces/ 2 Bedroom
2.5 Spaces/ 3 Bedroom
2.5 + .5 Spaces for each
Bedroom more than 3
3
Single-Family Residential Developments
There has been an increasing concern regarding on-street parking in new single family developments and
the ability of vehicles to safely pass when vehicles are parked on both sides of the street. Contributing
factors to this issue involve the following:
1. Lack of minimum lot dimension for residential subdivisions greater than 2 acres;
2. Design standards for garages on lots less than 10,000 square feet;
3. Minimum and maximum parking standards;
4. Parking maximums and credit for on-street Parking; and
5. Minimum street width requirements.
Each of these items will be discussed in more detail in the next section.
DISCUSSION/CONSIDERATIONS
Multifamily Residential Development
1. Use Classification & Minimum and Maximum Parking Standards
As noted above, there has been an increase in the demand for multifamily housing, geared towards our
college student population, specifically Single-Room Occupancy (SRO) Developments. The table
below, outlines how other cities in Texas with a university classify this type of rental and the associated
parking standard as well as any special zoning districts.
CitySpecific SRO-Student Type? Parking Requirement Special Districts
Fort No, Multifamily 1 /Bedroom, plus 1 per 250 SF
Berry-University
Worth of common areas, offices, and Overlay District:
recreation. 0-1 bedroom => 0.5
2 spaces may be tandem if space/unit if within
assigned to same unit and on
restricted from use for storage
San Yes, Purpose-Built Student 1/Bedroom No
Marcos Housing,
buildings, each containing two or
more living units that are
designed, marketed, or used for
the primary purpose of housing
Requires Conditional Use Permit
from City Council to build
College No, Multifamily 1 /Bedroom
Northgate High-
Station
Density Dwelling Unit:
Within the Northgate
district, up to 6
unrelated individuals
can live together in
separate bedrooms in a
unit.
0.75 spaces/bedroom
4
Lubbock No, Multifamily 1.5 /Bedroom
student housing
developments parking
2 /Two or More Bedrooms is case-by-case;
plus 1 space per 4 units in
development 2 Historic Districts with
design standards limit
multifamily around
campus;
Central Business zoning
districts in some cases
require SUP for
multifamily;
Waco No, Multifamily 1.5/One-Bedroom
College & University
Dwelling Unit (DU)
Neighborhood
Overlay District:
2/Two-Bedroom DU 1 Space per Bedroom
for all residential uses
2/3+ Bedroom DU, plus 1 for (above and beyond the
every 5 DUs 1.5 space required for
One-Bedroom)
San Yes, School Dormitory or 1/Two Beds No
Antonio Housing (Off-Campus)
privately owned and operated
residential structure specifically
designed for students of a college,
university or non-profit
organization for the purpose of
providing rooms for sleeping
purposes. Common kitchens and
common rooms may also be
Austin No, Multifamily 1.5/One-bedroom unit, plus No
0.5 space per additional
bedroom
Consideration:
Classify this type of rental as a SRO-Student Housing and define it as:
SRO-Student Housing: a building or buildings not operated by an academic
institution containing rooms forming one or more habitable units which are
used or intended to be used by residents of academic institutions. The habitable
units are typically configured as a suite with common space for living and
cooking and private bedrooms, each with a dedicated bathroom.
By creating a new use, any future multifamily rental developments that would want to convert to a
Student SRO need to comply with the new parking standards.
Increase the parking requirements to include the following and eliminate parking maximums, unless
it is part of a special district:
5
RESIDENTIAL USE Min./Max Min. Spaces
Spaces (Current) (Proposed)
Mixed density Multifamily
dwellings, Student-SRO, or
manufactured housing
Studio or One bedroom units 1.25/Unit
Two or more bedrooms 1.25/Bedroom
Efficiency/studio (501-600 1.25/unit
SF) 1.5/unit
1BR or >600 SF 1.75/unit
2BR 2/unit
3BR 1/BR
4+BR 1/unit
Retirement/Senior
N/A 1/10 Bedrooms
Visitor Parking
Fraternity/sorority, boarding 1/BR .
houses, dormitory
Example, 100 Unit Development:
Type Current Required Proposed Required
38 Spaces 32 Spaces
25 1-BR Units
44 Spaces 63 Spaces
25 2-BR Units (50 BR)
50 Spaces 94 Spaces
25 3-BR Units (75 BR)
100 Spaces 125 Spaces
25 4-BR Units (100 BR)
N/A 25 Spaces
Visitor Parking
100 Units (250 BR)
232 Spaces 339 Spaces
(Avg. 2.32/unit or 1.1/BR) (Avg. 3.39/unit or 1.4/BR)
Increase of 107 Parking Spaces
2. On-street parking credit
While on-street spaces are not counted toward the maximum, the DDC does allow a development
(residential and nonresidential) to receive credit for on-street parking at a ratio of one (1) off-street
parking space credit for every two (2) on-street spaces up to four (4) credits, thereafter one (1) space
credit for each on-street parking space.
Consideration:
Eliminate the ability for on-street parking credits for all residential development outside of the
downtown area or other specified area as may be determined in an adopted Small Area Plan.
Single-Family Residential Developments
To augment the discussion regarding parking, we examined standards relating to the NR-4 or NR-6 Zoning
district since these contain the majority of singly family developments, and their associated impacts with
on-street parking.
1. Minimum Lot Dimensions.
Single family developments less than 2 acres are required to comply with the lot dimensions below. It
should be mentioned that prior to the adoption of the current DDC, all single-family residential districts
6
had a minimum lot width of between 100 feet and 60 feet and all minimum lot depths for all districts
were 120 feet or 100 feet. The requirements for the comparable districts under the old (1991)
development code are shown in italics below.
NR-4 NR-6
General Regulations
(SF-7) (2-F)
Minimum lot area (square feet)
7,000 6,000
(7,000) (6,000)
Minimum lot width
50 feet 50 feet
(60 feet) (60 feet)
Minimum lot depth
80 feet 80 feet
(120 feet) (100 feet)
Minimum front yard setback
20 feet 10 feet
(25 feet) (25 feet)
Minimum side yard 6 feet 6 feet
(10% of lot width, 6 foot (10% of lot width, 6 foot
max) max)
Minimum rear yard
10 feet 10 feet
(10 feet) (10 feet)
For developments greater than 2 acres there is no minimum lot area, width, or depth requirements.
They are required to comply with the following:
General Regulations NR-4 NR-6
Maximum density, dwelling units per acre 4 6
Minimum side yard for non-attached buildings 5 feet 4 feet
Considerations:
Eliminate the differential of the 2 acre development and reduce side yard setbacks from 6 feet to 5
feet. When the minimum lot width was reduced from 60 feet to feet, the side setbacks should have
also been reduced to 5 feet. By not reducing the side setbacks, a 2 car garage would be difficult to
fit on the property (See design standards item below for additional analysis).
Increase the minimum lot width to 60 feet and the minimum lot depth to 120 feet or 100 feet
depending on the district.
2. Design Standards for Garages.
Any residential building that is built on a lot of less than ten thousand (10,000) square feet (applicable
to all NR-4 and NR-6 zoned properties) has the following design limitation: the width of the garage
door cannot exceed forty (40) percent of the total building frontage. This requirement does not apply to
attached side entry garages. Front entry garages that are setback at least thirty (30) feet behind the front
building wall are exempted from the forty (40) percent maximum limitation.
Example: 1.5 Acre Site
NR-4 & NR-6
Min Lot Width 50 feet
Side Setbacks 6 feet
7
Maximum width of house38feet
Maximum width of garage 15.2 feet
door (40% Rule)
Standard double garage door 16 or 18 feet
Example: 2 Acre Site
NR-4 NR-6
Min Lot Width 50 feet 50 feet
Side Setbacks 5 feet 4 feet
Maximum width of house 40 feet 42 feet
Maximum width of garage 16 feet 16.8 feet
door (40% Rule)
Standard double garage 16 or 18 feet
door
Considerations:
By reducing the side setbacks to 5 feet, and establishing the minimum lot width of 50 feet for all
single family development, a 2 car garage with a 16 foot wide garage door could be provided and
meet the 40% requirement.
3. Minimum and Maximum Parking Standards.
Single family and Duplex units are required the following:
RESIDENTIAL USE Current Proposed
Single-Family 2/dwelling 4/dwelling. A minimum
of 2 spaces shall be in a
garage.
Tandem parking in
garages may not be
counted as satisfying this
requirement.
Duplex
1-3 Bedrooms 2/dwelling 4/dwelling. A minimum
4+ Bedrooms +1/each BR of 2 spaces shall be in a
garage.
Tandem parking in
garages may not be
counted as satisfying this
requirement.
As previously discussed, the City of Denton establishes the minimum and maximum as the same.
Any parking spaces that are provided over the required number of spaces are required to be
constructed with pervious surfaces. This standard applies to all developments within the City of
Denton, including single-family neighborhoods.
Considerations:
Increase the minimum parking required for duplex and single family from 2 spaces to 4 spaces.
8
Require that 2 parking spaces must be in a garage.
Additionally, increase the minimum driveway width to a minimum of 18 feet. The four spaces
could be satisfied with a 2 car garage and an eighteen foot wide driveway.
4. On-street Parking Credit.
While on-street spaces are not counted toward the maximum, the DDC does allow a development
(residential and nonresidential) to receive credit for on-street parking at a ratio of one (1) off-street
parking space credit for every two (2) on-street spaces up to four (4) credits, thereafter one (1) space
credit for each on-street parking space.
Consideration:
Eliminate the ability for on-street parking credits for all residential development outside of the
downtown area or other specified area as may be determined in an adopted Small Area Plan
5. Off-Street Parking and Minimum Street Section Dimensions.
The issues associated with single-family parking is further compounded within the NR-6 zoning
district as a result of the reduced setbacks and the current minimum residential street section
dimensions.
Prior to the 2002 DDC update, single-family properties were typically developed with a 25 foot
front setback and a 2-car garage, allowing for up to 4 cars to be parked in the driveway. As noted
above, in addition to the minimum lot width being reduced from 60 feet to 50 feet, the front setback
was also reduced from 25 feet to 10 feet and the minimum lot depth was reduced from 100 feet to
80 feet in the NR-6 District. As a result of these changes, in some instances only 2-3 parking spaces
can be provided on-site. If a single car garage is provided and used for storage (or other use), only
2 spaces are on-site and any additional cars would be parked in the street.
Outlined below are the City of Denton Residential Roadway Classifications for residential streets:
Dimensional Standards Local Collector
- ROW)
Width of Travel Lanes (Min)
Curb Parking Lane Width (Min) Џ
Sidewalk (Min) Ў
If parking is pushed to the street on a Local Road and vehicles are parked on both sides of the street,
it can become problematic maneuvering through the streets for both residents, service trucks, and
emergency responders.
By comparison, the TXDOT Roadway Design Manual has the following widths for urban, local
roads:
Local Road (Urban) Desirable (ft.) Minimum (ft.)
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9
Considerations:
Engineering is currently updating the residential street sections as part of the Transportation
Design Criteria Manual and these ultimate ROW sections will be examined as part of the DDC
residential district standards.
CONCLUSION
As highlighted, residential (and commercial) parking requirements are multifaceted and require a holistic
approach. While this report offers a multitude of considerations, given the fast track of completing the DDC
update, further discussions may be warranted on policy considerations as we finalize the draft code.
EXHIBITS
1. Agenda Information Sheet
2. PowerPoint Presentation
10
tğƩƉźƓŭ wĻƨǒźƩĻƒĻƓƷƭ
bĻǞ wĻƭźķĻƓƷźğƌ 5ĻǝĻƌƚƦƒĻƓƷƭ
Development Services Department
January 9, 2018
.ğĭƉŭƩƚǒƓķ
August 1, 2017 City Council Meeting
Requested Workshop
On-site parking standards for multifamily
development, including private student
housing commonly referred to as Single-Room
Occupancy (SRO) Developments.
According to the US Census, from 2010 to 2015 Texas saw a decrease (-0.2%) in car-free households.
The only other state to see a decrease was South Dakota (-0.3%)
/ƚƭƷ ƚŅ tğƩƉźƓŭ wǒƌĻ ƚŅ ŷǒƒĬ
$20,000 per space for structured
parking
$4,000 per space for surface
parking
Surface LotAboveGrade Underground
StructureStructure
Capacity500500500
Levels163
Footprint of Parking Area
Incremental Site Area (acres)4.00.70
Construction Costs/Space$3,000$15,000$30,000
Estimated Construction Costs$1,500,000$7,500,000$15,000,000
Project Costs (Construction + 15%)$1,725,000 $8,625,000$17,250,000
Annual Cost to Own per space,excluding land$277$1,384$2,768
Basic Operating Cost per Space$75$300$365
Revenue Collection per Space0$300$300
Security Cost per Space$38$75$150
Total Cost to own and operateper space per year$389$2,059$3,583
Monthly revenue per space to break even$32$178$299
Total cost to own and operate per year$194,668$1,029,592$1,791,685
{ƚǒƩĭĻʹ ULI-Shared Parking, Mary S. Smith
wĻƭźķĻƓƷźğƌ tğƩƉźƓŭ wĻƨǒźƩĻƒĻƓƷƭ
Development standards control the massing and
bulk of a development (i.e. maximum height,
setbacks, lot coverage, etc.).
In order to build to those established maximums,
one must be able to park it.
Coupled with that are the minimum on-site parking
standards and whether some of those required
spaces may be within the public right-of-way.
wĻƭźķĻƓƷźğƌ tğƩƉźƓŭ wĻƨǒźƩĻƒĻƓƷƭ
Residential parking cannot be looked at singularly.
Dynamics of Off Street Parking
Economic Development
Environment
Multifamily/SRO
Design
Use Classification
Minimum and Maximum Parking Standards
On-street Parking Credit
Single-Family Residential Developments
Minimum Lot Dimensions.
Design Standards For Garages
Minimum and Maximum Parking Standards
On-street Parking Credit
Off-Street Parking and Minimum Street Widths.
aǒƌƷźŅğƒźƌǤΉ{wh
ƭĻ
Multi-Family Dwelling: A structure that contains three (3) or more dwellings and
any ancillary uses.
Boarding or Roominghouse:A dwelling in which meals and lodging or just lodging
are furnished for compensation to more than four (4) but fewer than twenty (20)
persons. Provision for meals may be made, provided cooking is done in a central
kitchen and not in individual rooms or suites.
CONSIDERATION:
{whΏ{ƷǒķĻƓƷ IƚǒƭźƓŭ: a building or buildings not operated by an academic
institution containing rooms forming one or more habitable units which are used
or intended to be used by residents of academic institutions. The habitable unit
are typically configured as a suite with common space for living and cooking and
private bedrooms, each with a dedicated bathroom.
aǒƌƷźŅğƒźƌǤΉ{wh wźŭŷƷ {źǩĻ {ƷğƓķğƩķƭ
Parking Minimums
Eliminate and defer to the maximum
Increase Requirements
Parking Maximums
Guaranteed results
Promotes alternate transportation options
Overly restrictive
Transportation Demand Strategies
Shared Parking
Car Share & Bike Share Space
Bike Parking
Multifamily/SRO Hypothetical with 300 Bedrooms:
100 three-bedroom units vs. 75 four-bedroom units
No of UnitsBedroom Noof Min/Max
TypeBedroomsParking
1003-BR300200
754-BR300300
Under this scenario, more units (same bedrooms) = less parking.
Most new Multifamily development has been geared to students as opposed to families.
aǒƌƷźŅğƒźƌǤΉ{wh Ώ{ƷğƓķğƩķƭ
Parking Maximums
Typically they are only appropriate for
relatively high density, transit rich urban
areas, in which car ownership levels are low.
Also established for stormwater
management, increasing densities, and meeting transportation demand
management objectives.
Maximum standards that are set particularly low typically result in
spillover parking.
In Denton, the minimum and maximum requirements are the same.
aǒƌƷźŅğƒźƌǤΉ{wh aźƓźƒǒƒ tğƩƉźƓŭ {ƷğƓķğƩķƭ
Cities can reduce or eliminate parking requirements to avoid overbuilding and allow
the market to determine the correct amount of parking.
Appropriate for areas that can provide workable mobility options for a variety of trips, and are
Often tied to the provision of high-quality transit service, parking pricing, parking management,
and an existing compact, walkable environment.
These characteristics reduce the demand for parking, and spillover parking becomes less of a
problem.
CONSIDERATION:
Increase the minimum parking requirements and eliminate parking maximums for
residential development.
Setting a
Identify the land use.
Parking
Multifamily & SRO-Student
Requirement
Choose the basis for the requirement.
Best practices, research, and surrounding municipalities
Establish how many parking spaces to
require per unit of the basis.
See Table
aǒƌƷźŅğƒźƌǤΉ{wh {ƷğƓķğƩķƭ
RESIDENTIAL USEMin./MaxSpaces Min. Spaces
(Current)(Proposed)
Mixed densityMultifamily dwellings, Student-SRO, or
manufactured housing:
Studio or One bedroom units 1.25/Unit
Two or more bedrooms 1.25/Bedroom
Efficiency/studio (501-600 SF)1.25/unit
1BR or >600 SF 1.5/unit
2BR 1.75/unit
3BR 2/unit
4+BR 1/BR
Retirement/Senior 1/unit
Visitor Parking N/A1/10 Bedrooms
Fraternity/sorority, boarding houses, dormitory 1/BR.75/Bed
Example, 100 Unit Development:
TypeCurrent RequiredProposed Required
25 1-BR Units 38 Spaces32 Spaces
25 2-BR Units (50 BR)44 Spaces63 Spaces
25 3-BR Units (75 BR)50 Spaces94 Spaces
25 4-BR Units (100 BR)100 Spaces125 Spaces
Visitor Parking N/A25 Spaces
100 Units (250 BR)232 Spaces 339 Spaces
(Avg. 2.32/unit or (Avg. 3.39/unit or
1.1/BR)1.4/BR)
CONSIDERATION
Increase of 107 Parking Spaces @ $4,000/Space= $428,000
aǒƌƷźŅğƒźƌǤΉ{wh hƓΏƭƷƩĻĻƷ tğƩƉźƓŭ /ƩĻķźƷƭ
On-street spaces are not counted toward the parking maximum.
Can count towards meeting the minimum parking requirement.
One (1) off-street parking space credit for every two (2) on-street spaces up to
four (4) credits, thereafter one (1) space credit for each on-street parking
space.
CONSIDERATION:
Eliminate the ability for on-street parking credits for all residential development
outside of the downtown area or other specified area as may be determined in an
adopted Special Area Plan.
{źƓŭƌĻΏCğƒźƌǤ wĻƭźķĻƓƷźğƌ
Increasing concern regarding on-street parking in new single family
developments and the ability of vehicles to safely pass when vehicles are
parked on both sides of the street. Contributing factors :
1.Lack of minimum lot dimension for residential subdivisions greater than 2
acres;
2.Design standards for garages on lots less than 10,000 square feet;
3.Minimum and maximum parking standards;
4.Parking maximums and credit for On-street Parking; and
5.Minimum Street width requirements.
{źƓŭƌĻΏCğƒźƌǤ wĻƭźķĻƓƷźğƌ \[ƚƷ 5źƒĻƓƭźƚƓƭ
Developments greater than 2 acres
No minimum lot area, width, or depth
requirements; only density and side yard setbacks.
General Regulations NR-4 NR-6
Maximum density, dwelling units per acre 4 6
Minimum side yard for non-attached buildings 5 feet 4 feet
{źƓŭƌĻΏCğƒźƌǤ wĻƭźķĻƓƷźğƌ \[ƚƷ 5źƒĻƓƭźƚƓƭ
Developments less than 2 acres
NR-4 NR-6
General Regulations
(SF-7)(2-F)
Minimum lot area (square feet)7,0006,000
(7,000)(6,000)
Minimum lot width50 feet50 feet
(60 feet)(60 feet)
Minimum lot depth80 feet 80 feet
(120 feet)(100 feet)
Minimum front yard setback20 feet 10 feet
(25 feet)(25 feet)
Minimum side yard6 feet 6 feet
(10% of lot width, 6 foot max)(10% of lot width, 6 foot max)
Minimum rear yard10 feet 10 feet
(10 feet)(10 feet)
{źƓŭƌĻΏCğƒźƌǤ wĻƭźķĻƓƷźğƌ ΏDğƩğŭĻƭ
Residential building that is built on a lot of
less than 10,000 SF square feet (NR-4 and
NR-6 properties)
Width of the garage door limited to forty
(40) percent of the total building frontage.
Exemptions:
Attached side entry garages.
Front entry garages setback thirty (30) feet
behind the front building wall.
Zoning requiring one attached garage
on a narrow lot.
{źƓŭƌĻΏCğƒźƌǤ wĻƭźķĻƓƷźğƌ ΏDğƩğŭĻƭ
Example: 1.5 Acre SiteExample: 2 Acre Site
NR-4 & NR-6NR-4NR-6
Min Lot Width 50 feet Min Lot Width 50 feet50 feet
Side Setbacks 6 Side Setbacks 54
Maximum width of 38 Maximum width of 4042
househouse
Maximum width of 15.2 Maximum width of
1616.8
garage door (40% Rule)
garage door (40% Rule)
Standard double garage 16 or 18
Standard double garage 16 or 18 feet
feet
doordoor
{źƓŭƌĻΏCğƒźƌǤ wĻƭźķĻƓƷźğƌ \[ƚƷ 5źƒĻƓƭźƚƓƭΉDğƩğŭĻƭ
CONSIDERATIONS:
Eliminate the differential of the 2 acre development and reduce side yard setbacks
from 6 feet to 5 feet. When the minimum lot width was reduced from 60 feet to
feet, the side setbacks should have also been reduced to 5 feet.
By not reducing the side setbacks, a 2 car garage would be difficult to fit on the
property.
Increase the minimum lot width to 60 feet and the minimum lot depth to 120 feet
or 100 feet depending on the district.
or
By reducing the side setbacks to 5 feet, and establishing the minimum lot width of
50 feet for all single family development, a 2 car garage with a 16 foot wide garage
door could be provided and meet the 40% requirement.
{źƓŭƌĻΏCğƒźƌǤ wĻƭźķĻƓƷźğƌ aźƓΉağǣ {ƷğƓķğƩķƭ
RESIDENTIAL USECurrentProposed
Single-Family 2/dwelling4/dwelling. A minimum of 2 spaces shall be in a
garage. Tandem parking in garages may not be
counted as satisfying this requirement.
Duplex
1-3 Bedrooms 2/dwelling4/dwelling. A minimum of 2 spaces shall be in a
4+ Bedrooms+1/each BRgarage. Tandem parking in garages may not be
counted as satisfying this requirement.
CONSIDERATION
Increase the minimum driveway width to a minimum of 18 feet.
The four spaces could be satisfied with a 2 car garage and an eighteen foot wide driveway.
{źƓŭƌĻΏCğƒźƌǤ wĻƭźķĻƓƷźğƌ hƓΏƭƷƩĻĻƷ tğƩƉźƓŭ /ƩĻķźƷƭ
On-street spaces are not counted toward the parking maximum.
Can count towards meeting the minimum parking requirement.
One (1) off-street parking space credit for every two (2) on-street spaces up to
four (4) credits, thereafter one (1) space credit for each on-street parking
space.
CONSIDERATION:
Eliminate the ability for on-street parking credits for all residential development
outside of the downtown area or other specified area as may be determined in an
adopted Special Area Plan.
{źƓŭƌĻΏCğƒźƌǤ wĻƭźķĻƓƷźğƌ aźƓźƒǒƒ {ƷƩĻĻƷ źķƷŷ
Prior to the 2002 DDC
Dimensional StandardsLocal Collector
update:
-
25 foot front setback
Width of Travel Lanes (Min)
60 foot wide lot ; Allows
Curb Parking Lane Width (Min)6
a 2-car garage, allowing
Sidewalk (Min)5
for up to 4 cars to be
parked in the driveway.
Minimum lot depth was reduced from 100 feet to 80 feet in the NR-6 District.
As a result of these changes, in some instances only 2-3 parking spaces can be provided on-site.
If a single car garage is provided and used for storage (or other use), only 2 spaces are on-site
and any additional cars would be parked in the street.
CONSIDERATION
Engineering is currently updating the residential street sections as part of the Transportation Design
Criteria Manual and these ultimate ROW sections will be examined as part of the DDC residential
district standards.
hƷŷĻƩ /ƚƓƭźķĻƩğƷźƚƓƭ
Create special parking minimum reductions for
small-scale infill development (to be defined).
Providing parking can be particularly onerous for
small lot projects that do not have much space.
Also, the process of pursuing a parking reduction
variance may place an undue financial burden on
Dingbat buildings in Los Angeles as a
smaller development projects.
result of a 1930s zoning regulation
requiring each unit of a multifamily
Large-scale developers usually have the financial
dwelling to have one covered
resources to navigate the process, but smaller
parking space
property owners may avoid the process altogether
and simply follow standard code.
hƷŷĻƩ /ƚƓƭźķĻƩğƷźƚƓƭ
/ƚƓĭƌǒƭźƚƓ
Residential (and commercial) parking requirements are multifaceted
and require a holistic approach.
While this presentation (and report) offers a multitude of
considerations, given the fast track of completing the DDC update,
further discussions may be warranted on policy considerations as we
finalize the draft code.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1652,Version:1
AGENDA CAPTION
ReceiveaninformationalreportregardingtheDentonMunicipalElectricprogramforundergroundelectric
lines.
City of DentonPage 1 of 1Printed on 1/5/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:Denton Municipal Electric
CM/DCM/ACM:Todd Hileman, City Manager
DATE:January 9,2018
SUBJECT
Receive an informational report regarding the Denton Municipal Electric program for underground electric
lines.
BACKGROUND
Denton Municipal Electric (DME)’s service territory is comprised of bothoverhead and underground
distributionlines. Currently, the service territory is 57% underground and 43% overhead.A recent survey
showed that the City of Denton ranked number 3 out of 72 municipal electric utilities in the state for
percentage of distribution system installed underground.
DME has an ongoing electric underground program and related budget. The FY 2018 budget is $350,000
with about $2 million in underground projects planned over the next 5 years. Thefunding has enabled DME
to design and build variousunderground capital improvement and revenue-related projects throughout the
service territory. If there is either a design,operational, or economicadvantage to install facilities
underground, then DME installsthedistribution system underground.Electric service to all new residential
subdivisions and new businesses are installed underground with only limited exceptions.
There are a number of pros and cons of underground versus overhead electric lines.
Undergroundlinesare more aesthetic and are less impacted by outages. Repairing an underground line
requires more time, however,and maintenance is generally more costly. Engineering and building
underground circuits is more complex. Underground facilities are relatively “permanent” (i.e. difficult to
reconfigure and expand) so future planning is more critical. The capital costs for undergrounding are also
higher by a factor of 2 or 3 times.
Overhead linesare less costly to build and maintain. While outages occur more frequently, restoration
times are less. Overhead lines are more flexible and can be relatively easily expanded or increased in
capacity.
A landmark project for DME that established a cost standard for underground systems was the recent
installation of anunderground duct system along the west side of Western Blvd. from Airport Road to Jim
Christal Road. This duct system had to be designed to not only provide the required service of a new
customer, but also needed to accommodate service requirements of future customers and allow flexibility
to interconnect to lines from several neighboringsubstations.This project cost $450 per linear foot ($2.7
million total).
Aresidential project completed in the mid-to-late 1990s involvedan overhead to underground conversion
in backyards.It provided DME with firsthand knowledge that such conversionscanbe complex. It involved
significant amounts of hand digging and manual placement of equipment,easementencroachmentsthat
requiredrelocation,hiring of electricians to replace the overhead meter bases with underground meter bases,
repairs to the homeowner’s property/home related to the meter base change out, and repair and/or
replacement of impactedlandscape.Interestingly, even after this overhead to underground conversion work
was completed, the cable television (CATV) providers refused to place their equipment underground--
CATV still resides on those poles today. The cost of this project was $550 per linear foot ($1.3 million
total).
DME continually looks for opportunities based on property owner desires and good engineering practices
to convert overhead distribution to, or build new underground systemsconsistent with its approved budget.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s StrategicPlan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal:2.3 Promote superior utility services and City facilities
EXHIBITS
n/a
Respectfully submitted:
Brent Heath, P.E.
Executive Manager of Energy Delivery
Prepared by:
Jerry Fielder
Engineering Division Manager
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1686,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding the design and construction of LED street
lighting along US Highway 380.
City of DentonPage 1 of 1Printed on 1/5/2018
powered by Legistar™
Agenda Information Sheet
DEPARTMENT: Capital Projects
CM/ ACM: Mario Canizares
Date: January 9, 2018
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the design and construction
of LED street lighting along US Highway 380.
BACKGROUND
In recent months, both Council and various Citizens have expressed concern regarding the lack of
street lighting along US Highway 380 and how this negatively impacts the safety of both drivers
and pedestrians. At the request of the Assistant City Manager, Engineering Services conducted an
analysis to determine the cost to install street lights along the corridor. The department reached
out to various stakeholders, including TxDOT and Denton Municipal Electric, to gather the
information needed to estimate a high level cost.
US Highway 380 is a primary arterial road that runs east to west through the city. The corridor
consists of an urbanized section from I-35 to Loop 288 that has both commercial and residential
areas. The corridor also has less urban sections from Loop 288 to the eastern city limit and from
I-35 to the western city limit. The urbanized section from I-35 to Loop 288 has a larger need for
the addition of street lighting than the less urban sections because of the greater amount of traffic
and pedestrian volume in the area. However, the need for lighting will increase in the less urban
sections as population growth moves into those areas and they become more urbanized. Because
of this, they are included in the cost analysis below as part of option 2 as well as in Exhibit 2
attached.
The City currently uses high pressure sodium (HPS) fixtures for its street lights. However, many
cities are moving toward light-emitting diode (LED) fixtures due to lower maintenance and
electricity costs. The lighting market is moving toward LED fixtures as well and HPS fixtures
are becoming harder to find and purchase. Because of this, the following analysis is based on the
cost to install LED fixtures along the corridor.
COST ANALYSIS
1.Cost to install LED lighting from I-35 to Loop 288 (4.97 miles in length)
a.Material/Install: $2,019,107
b.Electricity/Maintenance: $59,170.08/year
2.Cost to install LED lighting from City limit to City limit (12.83 miles long)
a.Material/Install: $5,635,137
b.Electricity/Maintenance: $154,248.72/year
RECOMMENDATION
Engineering Services is seeking direction from Council on continuing to explore the addition of
lighting to the US 380 corridor. The recommended first step is to engage a consultant to conduct
a feasibility and photometric study, which will determine the current lighting levels on the
corridor. The study would provide options on the layout of the light fixtures based on current
conditions and determine more refined project cost estimates. If the City Council concurs in
moving the project forward then the staff would begin negotiating with a consultant on a price
(estimated at $75,000) and timing to conduct the study.
ESTIMATED SCHEDULE OF PROJECT
City staff select/hire consultant: Jan. /Feb 2018
Consultant begins study: Late Feb. /Early Mar. 2018
City staff presents results to City Council: June 2018
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Informal Staff Report 2017-089 provided to Council on December 15, 2017
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA):
Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and
Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 4.1 Enhance public safety in the community
EXHIBITS
1.Agenda Information Sheet
2.Supplemental Cost Analysis
3.Presentation for City Council
Respectfully submitted:
Todd Estes, P.E.
Director Capital Projects
Prepared by:
Kathryn Welch
Engineering Services Management Analyst
ağƷĻƩźğƌΉLƓƭƷğƌƌğƷźƚƓ/ƚƭƷ.ƩĻğƉķƚǞƓ
Thefollowingtableshowsthecostbreakdownformaterialandinstallationofonepoleand
lightfixture.TheCityofDentonusesastandardpoleforthemajorityofitsstreetlights.These
polescanbeplacedalongthesegmentsofUS380thathaveacurb.BasedonTxDOT
requirements,segmentsofthecorridorwithoutacurbmustuseabreakawaypole(ifhit,the
polebreakssoasnottocauseseriousinjurytopeopleinthecar).Thesebreakawaypolescost
morethanthe/źƷǤƭstandardpoles.
\[95{ƷğƓķğƩķtƚƌĻΛĭǒƩĬĻķğƩĻğƭΜ\[95bƚƓ{ƷğƓķğƩķtƚƌĻΛƓƚƓĭǒƩĬĻķğƩĻğƭΜ
ƚƷğƌўυАЍАА͵ЎƚƷğƌўυЊЉͲЍАА͵Ў
StandardPole:$900NonStandardPole:$1280
LightFixture:$270LightFixture:$270
OtherMisc.Mat.:$275OtherMisc.Mat.:$395
Installation:$3540Installation:$5040
Contingency:$2492.5Contingency:$3492.5
*Contingency:Design,ROW/Acquisition,etc.
9ƌĻĭƷƩźĭźƷǤΉağźƓƷĻƓğƓĭĻ/ƚƭƷ.ƩĻğƉķƚǞƓ
Thefollowingisthecostbreakdownformaintenanceandelectricitysupplyperpolepermonth.
ThemaintenancecostisbasedonthedataprovidedfromCityofFt.ƚƩƷŷƭpilotLEDprogram.
Theelectricitycostisbasedontheassumptionthateachlightpoleisusingelectricity12hours
perday.
\[95\[źŭŷƷƭʹ9ƌĻĭƷƩźĭźƷǤΉağźƓƷĻƓğƓĭĻ/ƚƭƷƭ
ağźƓƷĻƓğƓĭĻ$16.67/pole/month*
9ƌĻĭƷƩźĭźƷǤ$2.15/pole/month**
ƚƷğƌ$18.82/pole/month
*DataprovidedfromFortWorth
**ElectricityRateUsed:3.92cents/kwh
/ƚƭƷƷƚLƓƭƷğƌƌ\[95\[źŭŷƷźƓŭƚƓ
{IЌБЉ
ΛЋЉЉŅƷ͵ƭƦğĭźƓŭͳ\[źŭŷƷƭƚƓ.ƚƷŷ{źķĻƭƚŅwƚğķΜ
ThefollowinganalysisshowsUSHW380dividedinto14segmentsfromcitylimittocitylimitandthe
associatedcosttoaddLEDlightstoeachsegment.Thepurposeofbreakingthecorridorintosegmentsis
toshowhowmuchitcoststolightupUSHighway380insmallsectionsinordertohelpidentifythe
/źƷǤƭpriorityareas.
{ĻŭƒĻƓƷağƦŅƩƚƒLЌЎƷƚ\[ƚƚƦЋББʹ
=StaffRecommendedPriorityAreas
.ƚƓƓźĻ.ƩğĻƷƚ9ĭƷƚƩʹ
LƓƭƷğƌƌʹυЊЍЋͲЉАЌ
9ƌĻĭƷΉağźƓƷʹυЍͲЋВЉ͵ВЏΉǤĻğƩ
ağƌƚƓĻƷƚb9ƌƒʹ
LƓƭƷğƌƌʹυЌБЊͲЌЎЌ
LЌЎƷƚ.ƚƓƓźĻ.ƩğĻʹ
9ƌĻĭƷΉağźƓƷʹυЊЊͲЎЊА͵БЍΉǤĻğƩ
LƓƭƷğƌƌʹυЋВВͲЊЉЉ
9ƌĻĭƷΉağźƓƷʹυВͲЉЌЌ͵ЏЉΉǤĻğƩ
9ĭƷƚƩƷƚağƌƚƓĻʹ
LƓƭƷğƌƌʹυЊЊВͲЏЍЉ
9ƌĻĭƷΉağźƓƷʹυЌͲЏЊЌ͵ЍЍΉǤĻğƩ
wǒķķĻƌƌƷƚbƚƷƷźƓŭŷğƒʹ
LƓƭƷğƌƌʹυЋЏЊͲАЊЌ
bƚƷƷźƓŭŷğƒƷƚЋББʹ
9ƌĻĭƷΉağźƓƷʹυАͲВЉЍ͵ЍЉΉǤĻğƩ
LƓƭƷğƌƌʹυЍАЊͲЋЏЌ
9ƌĻĭƷΉağźƓƷʹυЊЋͲЍЋЊ͵ЋЉΉǤĻğƩ
b9ƌƒƷƚwǒķķĻƌƌʹ
LƓƭƷğƌƌʹυЌЍЌͲВЏЎ
9ƌĻĭƷΉağźƓƷʹυЊЉͲЌББ͵ЏЍΉǤĻğƩ
TotalCosttoinstalllightsbetweenI35andLoop288=$2,019,107;Elect/Maint=$59,170.08/year
WithintheurbanizedsectionfromI35toLoop288above,thereare5segmentsthatareof
highestpriorityfortheadditionofstreetlightsduetotheirlocation.ThefirstsegmentisfromI35to
BonnieBraebecausethisiswheretheRazorRanchshoppingcenterislocated.Thisareahasaveryhigh
volumeoftrafficflowandverylittlelighting.ThesecondsegmentisfromBonnieBraetoEctor.Thisarea
isalsolargelycommercialwithahighvolumeoftrafficflowandcurrentlyhasnolighting.Thethird
segmentisfromNorthElmtoRuddellSt.ThissectionofUS380islocateddirectlyinfrontofTexas
ƚƒĻƓƭUniversity,hasalargevolumeofpedestrianactivityandtrafficflow,anddoesnothavestreet
lightscurrently.Thefourthsection,fromRuddelltoNottingham,runsthrougharesidentialarea.The
fifthsegment,fromNottinghamto288,isamixtureofresidentialandcommercialareasandhasvery
fewlights.Theremaining2sectionsoftheI35toLoop288segment,EctortoMaloneandMalonetoN
Elm,currentlyhavesomestreetlightsthroughoutbutwillneedanevaluationtoensuretheyare
adequate.
{ĻŭƒĻƓƷağƦŅƩƚƒ\[ƚƚƦЋББƷƚ9ğƭƷĻƩƓ/źƷǤ\[źƒźƷΛwƚĭƉŷźƌƌwķ͵Μʹ
ЋББƷƚDĻĻƭƌźƓŭwķʹ
LƓƭƷğƌƌʹυЌВЏͲЌЉБ
9ƌĻĭƷΉağźƓƷʹυЊЊͲВЏВ͵ЎЋΉǤĻğƩ
DĻĻƭƌźƓŭƷƚbƩźƓźƷǤʹ
LƓƭƷğƌƌʹυЍЍЊͲЊАЌ
9ƌĻĭƷΉağźƓƷʹυЊЌͲЌЋЍ͵ЎЏΉǤĻğƩ
wźǝĻƩƭźķĻƷƚwƚĭƉŷźƌƌʹ
LƓƭƷğƌƌʹυАЏЍͲБЎБ
9ƌĻĭƷΉağźƓƷʹυЊЏͲЍБЏ͵ЌЋΉǤĻğƩ
bƩźƓźƷǤƷƚwźǝĻƩƭźķĻʹ
LƓƭƷğƌƌʹυЊЍВͲЎЎЉ
9ƌĻĭƷΉağźƓƷʹυЍͲЎЊЏ͵БЉΉǤĻğƩ
TotalCosttoinstalllightsbetweenLoop288andEasternCityLimit=$1,751,889;Elect/Maint=$46,297.20/year
{ĻŭƒĻƓƷağƦŅƩƚƒLЌЎƷƚĻƭƷĻƩƓ/źƷǤ\[źƒźƷΛbğźƌwƚğķΜʹ
ЌЎƷƚağƭĭŷ.ƩğƓĭŷʹ
LƓƭƷğƌƌʹυЎЌБͲЌБЉ
9ƌĻĭƷΉağźƓƷʹυЊЏͲЋЏЉ͵ЍБΉǤĻğƩ
ağƭĭŷ.ƩğƓĭŷƷƚtğƩƉĻƩIƚǒƭĻʹ
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TotalCosttoinstalllightsbetweenI35andWesternCityLimit=$1,864,141;Elect/Maint=$48,781.44/year
LED Lighting –Highway 380
Capital Projects January 9, 2018
Background
Urban Area
12.83
miles in
Less Urban Area
Less Urban Area
length
2/ 7
Why LED?
Lower Maintenance
Costs Overtime
Lower Electricity
Costs
Prominent Light Type
in Lighting Market
Other cities are
making the switch
3/ 7
I-35 to Loop 288
4.97
miles in
length
Material/Install: $2,019,107
Electricity/Maintenance:
$59,170.08/year
4/ 7
City Limit to City Limit
12.83
miles in
length
Material/Install: $5,635,137
Electricity/Maintenance:
5/ 7
$154,248.72/year
Recommendation
Engage a consultant to conduct a feasibility and photometric study, which will
determine the current lighting levels on the corridor
Cost Estimate for Study = $75,000
6/ 7
Estimated Schedule
City staff select/hire consultant Jan/Feb 2018
Consultant Begins Study Late Feb/Early Mar 2018
City staff presents results to City Council June 2018
7/ 7
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-033,Version:1
AGENDA CAPTION
DeliberationsRegardingCertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCode
Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receiveapresentationfromstaffregardingpublicpowercompetitiveandfinancialmatterspertainingtothe
naturalgasfuelsupplyfortheDentonEnergyCenter(“DEC”);discussanddeliberatestrategiesand
opportunitiesfortheCitytoacquirenaturalgasfortheDECandenterintoagreementsregardingthesame.
ConsultationwiththeCity’sattorneysregardinglegalissuesassociatedwiththeagreementsdescribedabove
wherediscussionoftheselegalmattersinanopenmeetingwouldconflictwiththedutyoftheCity’sattorneys
totheCityofDentonandtheDentonCityCouncilundertheTexasDisciplinaryRulesofProfessionalConduct
oftheStateBarofTexas.TakefinalactiononaContractforSaleandPurchaseofNaturalGaswithEnterprise
Products Operating, LLC, a Texas limited liability company.
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-074,Version:1
AGENDA CAPTION
Consultation with Attorneys - Texas Government Code Section 551.071
ConsultationwiththeCity’sattorneysaboutlegalissuesrelatedtotheterms,conditionsandscopeofcurrent
andfuturerequestsfornon-disclosureand/orconfidentialityagreements.Apublicdiscussionoftheselegal
issueswouldconflictwiththedutyoftheCity’sattorneystotheCityofDentonanditsCityCouncilunderthe
Texas Disciplinary Rules of Professional Conduct.
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215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-076,Version:1
AGENDA CAPTION
Deliberations regarding Personnel Matters - Under Texas Government Code, Section 551.074
Discuss and deliberate regarding the evaluation of candidates and the appointment/employment of a City
Auditor.
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215 E. McKinney St.
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www.cityofdenton.com
Legislation Text
File #:ID 18-018,Version:1
AGENDA CAPTION
International Baccalaureate Day (IB Day)
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215 E. McKinney St.
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www.cityofdenton.com
Legislation Text
File #:ID 18-019,Version:1
AGENDA CAPTION
Mentor Denton Month
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www.cityofdenton.com
Legislation Text
File #:ID 18-027,Version:1
AGENDA CAPTION
SolSmart Bronze Designation
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Legislation Text
File #:ID 17-1661,Version:1
AGENDA CAPTION
Consideradoptionofanordinanceacceptingcompetitivebidsandawardingacontractforthesupplyofsoil,
sand,limestone,andaggregaterockforvariousCityofDentondepartments;providingfortheexpenditureof
fundstherefor;andprovidinganeffectivedate(IFB6608-awardedtothelowestresponsivebidderforeachline
item, CJA Enterprises, LLP in the four (4) year not-to-exceed amount of $1,500,000).
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a contract for the supply of
soil, sand, limestone, and aggregate rock for various City of Denton departments; providing for the
expenditure of funds therefor; and providing an effective date (IFB 6608-awarded to the lowest responsive
bidder for each line item, CJA Enterprises, LLP in the four (4) year not-to-exceed amount of $1,500,000).
FILE INFORMATION
This Invitation for Bid (IFB) is for the supply of soil, sand, aggregate, and limestone utilized by various
City departments in the maintenance and new construction of streets, utility lines, street cuts and backfilling
operations. These materials are ordered on an as needed basis.
IFBs were sent to 140 prospective suppliers of this item. In addition, specifications were placed on the
Materials Management website for prospective suppliers to download and advertised in the local
newspaper. Two (2) bids were received. Staff is recommending award to the lowest responsive bidder, for
Section A only as shown on Exhibit 2. No bids were received for Section B and Section C will not be
- A new solicitation will
be placed on the market for Sections B and C and presented to Council at a later date.
RECOMMENDATION
Staff recommends award of Section A Items 1-7 and 9-24, to CJA Enterprises LLP in the not-to-exceed
amount of $1,500,000. The contract amount is based upon prior expenditures for similar products.
PRINCIPAL PLACE OF BUSINESS
CJA Enterprises, LLP
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for three (3) additional one (1)
year periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
Funding for the supply of sand, gravel and aggregate will come from various department operating
accounts. Individual purchase orders will be issued as needed.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.1 Optimize resources to improve quality of City Roadways
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Bid Tabulation
Exhibit 3: Ordinance
Exhibit 4: CJA Enterprises LLP Contract
Respectfully submitted:
Karen Smith, 349-8436
Purchasing Manager
For information concerning this acquisition, contact: Robbin Webber at 940-349-7146.
IFB 6608 Tabulation Sheet for Supply of Soil, Sand, Lime and Aggregate
Respondent's Business Name:
CJA Enterprises LLPLhoist North America
Principal Place of Business
Collinsville, TX Ft Worth, TX
EST.
ESTIMATED ESTIMATED
ITEM PRODUCT DESCRIPTION DELIVERED EXTENDED DELIVERED EXTENDED
ANNUAL UOM DELIVERY DELIVERY
UNIT PRICE PRICE UNIT PRICE PRICE
#(FOB DELIVERED TO CITY LOCATIONS)
DAYS (ARO)*DAYS (ARO)*
QTY
SECTION A- BULK UTILITY PRODUCTS
$ 16.04$ 8,020.00 2
500Cu. Yd
1Top Soil Screened
$ 13.37$ 20,055.002
1,500Cu. Yd
2Field Sand - Backfill
$ 13.37$ 213,920.002
16,000Cu. Yd
3Screened Sand
$ 23.50$ 23,500.002
1,000Tons
4Pit Sand (Concrete)
$ 14.50$ 11,600.002
5800TonsManufactured Sand for Concrete Mixture
800Tons$ 16.80$ 13,440.002
6Concrete Aggregate Class A, 1" - #4 Rock
300Tons$ 16.25$ 4,875.00 2
7Concrete Aggregate 3/8" Down Rock
$ - $ -
1,000Tons
81-3/4" + Down Flexible Base
$ 14.25$ 14,250.002
1,000Tons
91-1/2" + Down Flexible Base
$ 14.25$ 57,000.002
4,000Tons
105/8" + Down Flexible Base
Crushed Stone #6-20 (for ice and snow
1,000Tons
11
$ 13.75$ 13,750.002
control of city streets)
$ 13.75$ 4,125.00 2
300Tons
12Limestone Screening
1 1/2" Rock, Limestone (Washed &
13200Tons
Screened)
$ 17.00$ 3,400.00 2
$ 19.85$ 1,985.00 2
100Tons
144" - 7 1/2" Gabion Limestone
3/4" Rock, Limestone Utility Stone (Not
500Tons
15
$ 17.00$ 8,500.00 2
Washed)
$ 25.25$ 10,100.002
400Tons
168-12" Rip Rap Limestone
$ 25.90$ 10,360.002
17400Tons12-18" Rip Rap Limestone
$ 26.40$ 2,640.00 2
18100Tons24" Rip Rap Limestone
100Tons$ 29.65$ 2,965.00 2
1930" Rip Rap Limestone
$ 29.65$ 2,965.00 2
100Tons
2036" Rip Rap Limestone
$ 14.95$ 1,495.00 2
100Tons
21Pea Gravel (Unwashed)
$ 14.95$ 19,435.002
1,300Tons
22Pea Gravel (Washed)
$ 12.81$ 192,150.002
15,000Cu. Yd.
23Select Fill
$ 14.25$ 14,250.002
241,000TonsType A, Grade 1 Flexible Base
SECTION A- BULK UTILITY PRODUCTS TOTAL$ 654,780.00
SECTION C-BULK LIME
$ 157.82$ 31,564.002
42A200Tons
Bulk Type A Hydrated Lime
42BTonsMinimum Truck Delivery = _________
42C
TonsMaximum Truck Delivery = _________
43A800Tons$ 166.93$ 126,256.002
Bulk Type B Slurry Lime
43B
TonsMinimum Truck Delivery = _________
43C
TonsMaximum Truck Delivery = _________
44What is the Plant location?
$ 157,820.00
SECTION C-BULK LIME TOTAL
4 Yrs contract amount w/ Contingency$ 1,500,000.00$ 500,000.00
DocuSign Envelope ID: C530435B-F78D-4708-B1D2-5AF305974B2D
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DocuSign Envelope ID: C530435B-F78D-4708-B1D2-5AF305974B2D
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND CJA Enterprises
(Contract #6608)
THIS CONTRACT is made and entered into this date _______________________, by
and between CJA Enterprises, L.L.P., a corporation, whose address is 362 Crossroads Rd,
Collinsville, TX 76233 , 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 IFB # 6608 Supply of Sand,
Gravel and Aggregate to the City of Denton , 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;
(b)IFB#6608 (on file at the office of the Purchasing
Agent);
(c)City of Denton Standard Terms and Conditions ;
(d)Certificate of Interested Parties Electronic Filing
(e)(Exhibit "E");
(f)Form CIQ Conflict of Interest Questionnaire (Exhibit "F")
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
INDEMNITY
THE SUPPLIER REPRESENTS AND WARRANTS TO THE CITY THAT THE
INTELLECTUAL PROPERTY SUPPLIED BY CONTRACTOR IN ACCORDANCE
WITH THE SPECIFICATIONS IN THE CONTRACT WILL NOT INFRINGE,
DIRECTLY OR CONTRIBUTORILY, ANY PATENT, TRADEMARK, COPYRIGHT,
TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY RIGHT OF ANY
KIND OF ANY THIRD PARTY, AND THAT NO CLAIMS HAVE BEEN MADE BY ANY
PERSON OR ENTITY WITH RESPECT TO THE OWNERSHIP OR OPERATION OF
THE INTELLECTUAL PROPERTY. MOREOVER, THE CONTRACTOR DOES NOT
KNOW OF ANY VALID BASIS FOR ANY SUCH CLAIMS. THE CONTRACTOR
SHALL, AT ITS SOLE EXPENSE, DEFEND, INDEMNIFY, AND HOLD THE CITY
HARMLESS FROM AND AGAINST ALL LIABILITY, DAMAGES, AND COSTS
(INCLUDING COURT COSTS AND REASONABLE FEES OF ATTORNEYS AND
OTHER PROFESSIONALS) ARISING OUT OF OR RESULTING FROM ANY CLAIM
Contract #6608 CJA Enterprises L.L.P.1
DocuSign Envelope ID: C530435B-F78D-4708-B1D2-5AF305974B2D
THAT THE CITY'S EXERCISE OF ITS LICENSE RIGHTS, AND ITS USE OF THE
INTELLECTUAL PROPERTY, THE SUBJECT OF THIS CONTRACT, INFRINGES
THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR THE
BREACH OF ANY OF REPRESENTATIONS OR WARRANTIES STATED IN THE
CONTRACT DOCUMENTS. IN THE EVENT OF ANY SUCH CLAIM, THE CITY
SHALL HAVE THE RIGHT TO MONITOR SUCH CLAIM OR AT ITS OPTION
ENGAGE ITS OWN SEPARATE COUNSEL TO ACT AS CO-COUNSEL ON THE
CITY'S BEHALF.
By executing this Agreement below in conformance with Sec. 2270 of the Texas Government
Code, the Supplier verifies that the Supplier: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this Agreement.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
SUPPLIER
BY: ______________________________
AUTHORIZED SIGNATURE
Name:______________________________
Title: _______________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
2017-287483
___________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
ATTEST: CITY OF DENTON, TEXAS
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________ BY: _____________________________
TODD HILEMAN
CITY MANAGER
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:_______________________________
Contract #6608 CJA Enterprises L.L.P.2
DocuSign Envelope ID: C530435B-F78D-4708-B1D2-5AF305974B2D
Exhibit A
Special Terms and Conditions
1.The Quantities
The quantities indicated on Exhibit E are estimates based upon the best available information. The
City reserves the right to increase or decrease the quantities to meet its actual needs without any
adjustments in the bid price. Individual purchase orders will be issued on an as needed basis.
2.Product Changes During Contract Term
The supplier shall not change specifications during the contract term without prior approval. Any
deviation in the specifications or change in the product must be approved in advance by the City
of Denton. Notice of a change shall be submitted in writing to purchasing@cityofdenton.com,
with the above file number in the subject line, for review. Products found to have changed
3.Authorized Distributor
The supplier shall be the manufacturer or authorized distributor of the proposed products. The
representative as needed by the City.
4.Contract Terms
It is the intention of the City of Denton to award a contract for a one (1) year period. The City and
the Awarded Contractor shall have the option to renew this contract for an additional three (3) one-
year periods. Materials and services undertaken pursuant to this solicitation will be required to
commence within fourteen (14) days of delivery of a Notice to Proceed.
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 in accordance with the provision of the section titled
f the City
of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months.
5.Price Escalation and De-escalation
-escalation
price adjustment annually based on these special terms. The escalation/de-escalation will be based
on the U.S Department of Labor, Bureau of Labor Statistics, Producer Price
Index(PPI)Construction sand and gravel, south (PCU21232121232103)and U.S. Energy
Information Administration (EIA) prior 52 week average for Midwest (PADD 2) for retail diesel
(on-highway) all types. The stated eligible bid price will be increased or decreased based upon
the annual percentage change in the PPI so long as the change is greater than the minimum
threshold value of +/- 1%. The maximum escalation will not exceed +/- 8% for any individual
year. The Supplier must submit or make available the manufacturers pricing sheet used to
calculate the bid proposal, to participate in the escalation/de-escalation clause.
Contract #6608 CJA Enterprises L.L.P.3
DocuSign Envelope ID: C530435B-F78D-4708-B1D2-5AF305974B2D
increase to the Purchasing Manager at least 60 days prior to the contract renewal date for each
year. The Supplier should provide documentation as a percentage of each cost associated with the
unit prices quoted for consideration.If no request is made, then it will be assumed that the current
contract price will be in effect.
Upon receipt of such request, the City of Denton, at its sole option, reserves the right to either: (1)
accept the escalation as competitive with the general market price at the time, and become effective
upon the renewal date of the contract award; or, (2) reject the increase within thirty (30) calendar
days after receipt of a properly submitted request. If a properly submitted increase is rejected, the
Supplier may request cancellation of such items from the contract by giving the City of Denton
written notice. Cancellation will not go into effect for 15 calendar days after a determination has
been issued. The prices in effect prior to the increase request must be honored on orders dated up
to the official date of the City of Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation
number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
6.Total Contract Amount
The contract total shall not exceed $1,500,000. Pricing shall be per Exhibit E attached.
7.Delivery Lead Time
Products or services will be delivered within two days after the receipt of order from the City.
Contract #6608 CJA Enterprises L.L.P.4
DocuSign Envelope ID: C530435B-F78D-4708-B1D2-5AF305974B2D
Exhibit C
City of Denton
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
Supplier. No Terms and Conditions contained in
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
-of-way.
1.. The Contractor shall fully and timely provide all
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2.EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3.CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4.SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5.TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
6.DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Contract #6608 CJA Enterprises L.L.P.5
DocuSign Envelope ID: C530435B-F78D-4708-B1D2-5AF305974B2D
Conditions. Unless otherwis
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
shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8.NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9.PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
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
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
facilities.
10.WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
Contract #6608 CJA Enterprises L.L.P.6
DocuSign Envelope ID: C530435B-F78D-4708-B1D2-5AF305974B2D
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification
and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under the Contract and the Illegal Immigration Reform and
11.COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Cont
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions,
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12.INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
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
address and, if applicable, the tax identification number on the invoice must exactly match the
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
13.PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
thirty (30) calendar days of
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
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maximum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property
which is not covered by insurance required to be provided by the Contractor;
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14.TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
the contractor in traveling to and from City facilities whall not be reimbursed, unless otherwise
negotiated.
15.FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work
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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
under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
it; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled.
16.SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost
of any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17.RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater.
If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
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 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
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Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19.WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20.WARRANTY TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
21.WARRANTY DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship or
manufacture, and conform in all material respects to the specifications, drawings, and descriptions
in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations,
and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
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implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the Cit
and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
22.WARRANTY SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach wa
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23.ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
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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
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25.STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26.DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
the City.
27.TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cur
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,
-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy
provided by law.
28.TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calen
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms hereof.
29.FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
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Contract for cause by the City and may result in legal action.
30.DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31.INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32.INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm shall procure
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and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton.
The insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
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
Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
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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.
notice of erosion of the aggregate limits below occurrence limits for all applicable
n the Contract.
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33.CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contra
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34.NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35.RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36.NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
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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
ercise anywhere
and its use of the deliverables infringes the intellectual property rights of any third party; or (ii)
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-actor
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
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information
in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior written consent of the City or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Contractor uses within its own business to protect
its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38.OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the City and to
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
Should by operation of law, such deliverables not be considered works made-for-hire, the
Contractor hereby assigns to the City (and agrees to cause each of its employees providing services
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to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all
worldwide right, title, and interest in and to such deliverables. With respect to such work made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its
employees providing services to the City hereunder to execute, acknowledge, and deliver a work-
made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon
delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the terms of Paragraph 37 above.
39.PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40.ADVERTISING
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41.NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
42.GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without
liability if it is determined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any officer or employee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or amending or the making of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities.
43.PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
Contract #6608 CJA Enterprises L.L.P.17
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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
Interest Questionnaire.
44.INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
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,
other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45.ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
46.WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47.MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48.INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
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49.DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
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
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:
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MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas 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
approvedby 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:
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance:
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
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the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation
with their Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES:Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59.PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
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.
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Respondent is responsible for both federal and State unemployment insurance coverage and
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
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the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access
to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of
Texas, and any federal governmental entity that has authority to review records due to federal
funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1.Final negotiated contract
2.RFP/Bid documents
3.rms and conditions
4.Purchase order
5.Supplier terms and conditions
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EXHIBIT D
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EXHIBIT E
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9IL.L9
IFB 6608 TABULATION
SUPPLY OF SOIL, SAND, LIME & AGGREGATE
Respondent's Business Name:
CJA Enterprises
Principal Place of Business
Collinsville, TX
EST.ESTIMATED
ITEMPRODUCT DESCRIPTION DELIVERED EXTENDED
ANNUALUOMDELIVERY
UNIT PRICE
#(FOB DELIVERED TO CITY LOCATIONS)PRICE
QTYDAYS (ARO)*
SECTION A- BULK UTILITY PRODUCTS
$ 16.04$ 8,020.002
1500Cu. YdTop Soil Screened
$ 13.37$ 20,055.002
21,500Cu. YdField Sand - Backfill
$ 13.37$ 213,920.002
316,000Cu. YdScreened Sand
$ 23.50$ 23,500.002
41,000TonsPit Sand (Concrete)
$ 14.50$ 11,600.002
5800TonsManufactured Sand for Concrete Mixture
$ 16.80$ 13,440.002
6800TonsConcrete Aggregate Class A, 1" - #4 Rock
$ 16.25$ 4,875.002
7300TonsConcrete Aggregate 3/8" Down Rock
$ - $ -
81,000Tons1-3/4" + Down Flexible Base
$ 14.25$ 14,250.002
91,000Tons1-1/2" + Down Flexible Base
$ 14.25$ 57,000.002
104,000Tons5/8" + Down Flexible Base
Crushed Stone #6-20 (for ice and snow
111,000Tons
control of city streets)$ 13.75$ 13,750.002
$ 13.75$ 4,125.002
12300TonsLimestone Screening
1 1/2" Rock, Limestone (Washed &
13200Tons
Screened)
$ 17.00$ 3,400.002
$ 19.85$ 1,985.002
14100Tons4" - 7 1/2" Gabion Limestone
3/4" Rock, Limestone Utility Stone (Not
15500Tons
Washed)
$ 17.00$ 8,500.002
$ 25.25$ 10,100.002
16400Tons8-12" Rip Rap Limestone
$ 25.90$ 10,360.002
17400Tons12-18" Rip Rap Limestone
$ 26.40$ 2,640.002
18100Tons24" Rip Rap Limestone
$ 29.65$ 2,965.002
19100Tons30" Rip Rap Limestone
$ 29.65$ 2,965.002
20100Tons36" Rip Rap Limestone
$ 14.95$ 1,495.002
21100TonsPea Gravel (Unwashed)
$ 14.95$ 19,435.002
221,300TonsPea Gravel (Washed)
$ 12.81$ 192,150.002
2315,000Cu. Yd.Select Fill
$ 14.25$14,250.002
241,000TonsType A, Grade 1 Flexible Base
$ 654,780.00
SECTION A- BULK UTILITY PRODUCTS TOTAL
SECTION C-BULK LIME
$ -
42A200TonsBulk Type A Hydrated Lime
42BTonsMinimum Truck Delivery = _________
42CTonsMaximum Truck Delivery = _________
$ -
43A800TonsBulk Type B Slurry Lime
43BTonsMinimum Truck Delivery = _________
43CTonsMaximum Truck Delivery = _________
44What is the Plant location?
$ -
SECTION C-BULK LIME TOTAL
$654,780.00
ESTIMATED ANNUALLY GRAND TOTAL
4 Yrs w/ Contingency$1,500,000.00
Contract #6608 CJA Enterprises L.L.P.26
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EXHIBIT E
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EXHIBIT E
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EXHIBIT E
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EXHIBIT E
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EXHIBIT E
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EXHIBIT E
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EXHIBIT E
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EXHIBIT E
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EXHIBIT E
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EXHIBIT E
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EXHIBIT F
Contract #6608 CJA Enterprises L.L.P.37
Certificate Of Completion
Envelope Id: C530435BF78D4708B1D25AF305974B2DStatus: Sent
Subject: Please DocuSign: City Council Contract 6608 CJA Enterprises L.L.P.
Source Envelope:
Document Pages: 38Signatures: 2Envelope Originator:
Certificate Pages: 6Initials: 0Robyn Forsyth
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-08:00) Pacific Time (US & Canada)robyn.forsyth@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: OriginalHolder: Robyn ForsythLocation: DocuSign
11/30/2017 9:32:02 AM robyn.forsyth@cityofdenton.com
Signer EventsSignatureTimestamp
Robyn ForsythSent: 11/30/2017 9:37:11 AM
Completed
robyn.forsyth@cityofdenton.comViewed: 11/30/2017 9:37:21 AM
BuyerSigned: 11/30/2017 9:38:28 AM
Using IP Address: 129.120.6.150
City of Denton
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(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ms. Carla PeacockSent: 11/30/2017 9:38:30 AM
astrideapp@msn.comViewed: 11/30/2017 9:48:59 AM
partner/ownerSigned: 11/30/2017 9:53:21 AM
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(Optional)
Electronic Record and Signature Disclosure:
Accepted: 11/30/2017 9:48:59 AM
ID: e044db71-9894-4519-8dcb-d1247604fedb
Jennifer DeCurtisSent: 11/30/2017 9:53:25 AM
jennifer.decurtis@cityofdenton.comViewed: 11/30/2017 10:01:07 AM
Deputy City AttorneySigned: 11/30/2017 10:01:14 AM
City of Denton
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Julia WinkleySent: 11/30/2017 10:01:16 AM
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
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Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
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Signer EventsSignatureTimestamp
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer Walters
jennifer.walters@cityofdenton.com
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In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
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Sherri ThurmanSent: 11/30/2017 9:53:23 AM
sherri.thurman@cityofdenton.com
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Julia WinkleySent: 11/30/2017 9:53:24 AM
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
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Jane Richardson
jane.richardson@cityofdenton.com
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Robin Fox
Robin.fox@cityofdenton.com
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Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Bridges
jennifer.bridges@cityofdenton.com
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(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy EventsStatusTimestamp
Jane Richardson
jane.richardson@cityofdenton.com
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Robbin Webber
robbin.webber@cityofdenton.com
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Electronic Record and Signature Disclosure:
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Russell Koch
russell.koch@cityofdenton.com
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1705,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,Texas,nuncprotunccorrecting
aninadvertentmistakeinOrdinance2015-116relatingtothedollaramountreflectedinthebackupprovided
forRFP5725,awardedtoPolydyne,Inc.,TDC,LLC.,andPVSTechnologies,Inc.,andprovidinganeffective
date.
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www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2017
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, nunc pro tunc
correcting an inadvertent mistake in Ordinance 2015-116 relating to the dollar amount reflected in the back
up provided for RFP 5725, awarded to Polydyne, Inc., TDC, LLC., and PVS Technologies, Inc., and
providing an effective date.
FILE INFORMATION
On April 21, 2015 Council awarded Request for Proposals (RFP) 5725 to ten firms including Polydyne,
Inc., TDC, LLC., and PVS Technologies, Inc., in the amount of $4,200,000 (Exhibit 2). The contracts are
for the supply of water treatment chemicals to the City of Denton. The Agenda Information Sheet and total
dollar amount were correct, however, a clerical error was made in the dollar amounts attached to the
ordinance for three contracts. The original and correct amount are shown below:
Firm 2015-116 Contract Amount Corrected Amount
Polydyne, Inc $291,150 $467,000
TDC, LLC $1,100,000 $375,000
PVS Technologies, Inc. $78,000 $560,000
An ordinance correction is needed to reflect the correct award amounts of Polydyne, Inc. in the three (3)
year not-to-exceed amount of $467,000, TDC, LLC in the three (3) year not-to-exceed amount of $375,000,
and PVS Technologies, Inc. in the three (3) year not-to-exceed amount of $560,000. The total not-to-exceed
amount of $4,200,000 is correct.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
City Council awarded the original contract on April 21, 2015 per Ordinance 2015-116.
RECOMMENDATION
Approval of an ordinance to reflect the correct award amounts of Polydyne in the three (3) year not-to-
exceed amount of $467,000, TDC in the three (3) year not-to-exceed amount of $375,000, and PVS
Technologies in the three (3) year not-to-exceed amount of $560,000. The total not-to-exceed amount for
of $4,200,000 is correct.
PRINCIPAL PLACE OF BUSINESS
Polydyne Inc. PVS Technologies Inc. TDC, LLC
Riceboro, GA Detroit, MI Ruston, LA
ESTIMATED SCHEDULE OF PROJECT
This contract is expired and has been replaced with Contract 6530 awarded by Council on November 14,
2017 (Ordinance 2017-350).
FISCAL INFORMATION
There is no fiscal impact as the total award amount for RFP 5725 did not change.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 5.1 Manage Denton's water resources
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance 2015-116
Exhibit 3: Ordinance
Exhibit 4: Polydyne Amendment
Exhibit 5: TDC Amendment
Exhibit 6: PVS Technologies Amendment
Respectfully submitted:
Karen Smith, 349-8436
Purchasing Manager
For information concerning this acquisition, contact: Karen Smith at 940-349-8436
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-022,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,TexasamendingtheFiscalYear2017-18Budgetand
AnnualProgramofServicesoftheCityofDentontoallowforadjustmentstotheGeneralFundoftwomillion
sixhundredninetyfivethousanddollars($2,695,000)forthepurposeoffundingtrafficandparkimprovement
projects,DowntownTaxIncrementReinvestmentZoneFundofonemillionfourhundredsixtysixthousand
eighthundredfortyfivedollars($1,466,845)forthepurposeoffundingsidewalksandstreetlightsin
downtown,CapitalImprovementProgramfourmilliononehundredsixtyonethousandeighthundredfortyfive
dollars($4,161,845)forthepurposeoffundingthecapitalimprovementprojects;declaringamunicipal
purpose;providingaseverabilityclause;providinganopenmeetingsclause;andprovidingforaneffective
date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:Finance
CM/DCM/ACM:Bryan Langley
DATE:January 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2017-18
Budget and Annual Program of Services of the City of Denton to allow for adjustments to the General
Fund of two million six hundred ninety five thousand dollars ($2,695,000)for the purpose of funding
traffic and park improvement projects, Downtown Tax Increment Reinvestment Zone Fund of one million
four hundred sixty six thousand eight hundred forty five dollars ($1,466,845) for the purpose of funding
sidewalks and street lights in downtown, Capital Improvement Program four million one hundred sixty
one thousand eight hundred forty five dollars ($4,161,845) for the purpose of funding the capital
improvement projects; declaring a municipal purpose; providing a severability clause; providing an open
meetings clause; and providing for an effective date.
BACKGROUND
City staff is proposing to amend the City’s FY 2017-18Budget as follows:
Increase the General Fundbudget by $2,695,000to fund traffic and park improvement projects. A listof
the capital projectsare in Exhibit 2. This amendment increasesthe expenditure budget for this fund from
$119,687,991to $122,382,991for FY 2017-18.
Increase the DowntownTax Increment Reinvestment Zone Fund budget by $1,466,845 to fund sidewalks
and street lights in downtown. A list of the capital projects is provided in Exhibit 2. This amendment
increasesthe expenditure budget for this fund from $76,000to $1,542,845forFY 2017-18. Survey work
for these projects has begun. Staff plans to present a design contract to Council in February 2018.
Construction of these projects is anticipated to begin in the summer of 2018.
Increase the Capital Improvement Program budget by $4,161,845 to fund the capital improvement
projects funded by the General Fund and the Downtown Tax Increment Reinvestment Zone Fund as listed
in Exhibit 2. This amendmentincreasesthe expenditure budget for the Capital Improvement Program
from $518,435,000to $522,596,845for FY 2017-18.
RECOMMENDATION
Staff recommends adoption of the ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On December 12, 2017, City Council discussed short term traffic improvements & additional funding for
the Vela Athletic Complex projects.
On December 5, 2017, the City Council receivedand discussed the recommendation from the Downtown
TIRZ Board. Council verbally recommended moving forward with theCapital Projects A-D
recommended by the Downtown TIRZ Board and one additional project, Project E.
On November17, 2017, The Downtown TIRZBoard met, reviewed Capital Projects A–D,and made a
recommendation to City Councilto fund the projects.
FISCALINFORMATION
This ordinance will amend the FY 2017-18Budget and Annual Program of Services to allow for an
increase to theGeneral Fund by $2,695,000increasing appropriations from $119,687,991to
$122,382,991, increase the Downtown Tax Increment Reinvestment Zone Fund by $1,466,845, increasing
appropriations from $76,000to $1,542,845and increase the Capital Improvements Program by
$4,161,845 from $518,435,000to $522,596,845.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area: Organizational Excellence
Related Goal:1.1 Manage financial resources in a responsible manner
EXHIBITS
1.Agenda Information Sheet
2.Capital Projects List
3.Ordinance
Respectfully submitted:
Antonio Puente, Jr., 349-7283
Director of Finance
Prepared by:
Nancy Towle
Budget Manager
Capital Projects List
Traffic and Park Improvement ProjectsEstimated
Cost
ProjectShort-Term Improvement
Extend 288/ColoradoExtend eastbound left turn lane$200,000
Country Club/Hickory Creek Rd.Add a westbound right hand turn lane$150,000
US 77/Dallas Dr./Teasley Ln.Add turn lanes, channelized islands$725,000
Bell Ave./McKinneyAdd a northbound right turn lane$120,000
Add a northbound left turn lane and improve the turning
Carroll Blvd./Sherman Rd.
radius on the southeast corner$425,000
University Dr./Old North RoadAdd left turn lanes (north-south)$500,000
Total$2,120,000
Vela Athletics Complex*$575,000
Total General Fund$2,695,000
*An additional $1,755,000 from the 2014 GO Bond Program may be reallocated to the Vela Athletics Complex
project, pending approval by the Bond Oversight Committee.
Downtown Tax Increment Reinvestment Zone **Estimated
Cost
ProjectsLocation
Project A North Locust (Oak to McKinney) - Sidewalks$304,447
Project B North Elm (Oak to Parkway) - Sidewalks and Lights$651,476
Project C West Oak (Carroll to Elm) - Lights$255,461
Project D West Hickory (Carroll to Elm) - Lights$255,461
Total Downtown Tax Increment Reinvestment Zone $1,466,845
Total Capital Program increase$4,161,845
* Estimated costs are preliminary and include contingencies.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-040,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,amendingOrdinanceNo.2017-181,
prescribingthenumberofpositionsineachclassificationofPoliceOfficer;providingarepealerclause;and
declaring an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:Police
CM/DCM/ACM:ToddHileman, City Manager
DATE:January9,2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, amending OrdinanceNo.2017-181,
prescribing thenumber of positions in each classification of Police Officer; providinga repealer clause; and
declaring an effective date.
BACKGROUND
Texas Local Government CodeChapter 143, requires governing bodies of all jurisdictions with Civil
Service employees to officially authorize their exact number of CivilService employees.The City Council
last approved the authorized number of Police Department Civil Service positions by Ordinance 2017-181
on June 20, 2017.
On September 22, 2017, Deputy Chief Lenn Carter retired from the Police Department. As a part of the
continuing effort to maximize resources, the Police Department examined the organizational structure and
determined several reallocations that would enhance the level of service delivery. The primary change for
sworn positions involves the elimination of the vacant Deputy Chief position and the creation of two (2)
Police Sergeant positions. This change will allow the Department to add a Sergeant position to the Personnel
and Training area, allowing an enhanced focus on in-service and continuing education. Recent legislative
changes and other TCOLE mandates have increased the number and variety of training hours required for
sworn officers. The second Sergeant position will allow for a greater level of planning and responsiveness
to special events. Over the past five (5) years, special events have tripled in the city, to now include
approximately 160 staffed events resulting in more than 5,300 man hours. Many of these events occur in or
near the Downtown area, and some of these larger events now attract 5,000 to 15,000 attendees. The annual
Arts and Jazz Festival boasts an attendance figure in excess of 225,000 over the three-day event.
With the elimination of the vacant Deputy Chief position, the Department will be re-organized under the
remaining two (2) Deputy Chief positions. To reflect theincreased level of responsibility, these positions
will be reclassified to a new position as Assistant Chiefs. One Assistant Chief will now supervise the
Operations Bureau, including uniformed patrol and criminal investigations. The other Assistant Chief will
supervise the Administrations Bureau, including the Budget, Personnel, Training, Professional Standards,
Records, and the Municipal Jail.
FISCAL INFORMATION
These positions changes, when combined with some civilian positions changes, will result in an increased
annual cost of $45,075. However, due to salary savings from current openings, there will be no additional
fiscal impact in the 2017-2018 budget.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal:4.1 Enhance public safety in the community
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Sworn Classification Chart
Exhibit 3: Sworn Position Ordinance
Respectfully submitted:
Lee Howell
Chief of Police
Prepared by:
Scott Fletcher
Deputy Chief
Exhibit 2
POLICE DEPARTMENT
CLASSIFICATION FY 2016-2017 NUMBERS FY 2017-2018 NUMBERS
Ordinance 2017-181 Revised Ordinance
Police Chief 1 1
Assistant Chief 0 2
Deputy Chief 3 0
Captain 0 0
Lieutenant 9 9
Sergeant 17 19
Police Officers & Recruits 141 146
TOTALS 171 177
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-041,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDentonauthorizingtheCityManagerorhisdesigneeto
executeacontractforthepurchaseofone(1)Terex47’DiggerDerricktruckfortheDentonMunicipalElectric
DistributionDepartmentasawardedbyBuyBoardCooperativePurchasingNetworkContract#521-16;
providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File6670-awardedto
FreightlinerofAustin,inthenot-to-exceedamountof$231,765).ThePublicUtilitiesBoardwillconsiderthis
item on January 8, 2018.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to
execute a contract for the purchase of one (1) Terex 47 Digger Derrick truck for the Denton Municipal
Electric Distribution Department as awarded by Buy Board Cooperative Purchasing Network Contract#
521-16; providing for the expenditure of funds therefor; and providing an effective date (File 6670-awarded
to Freightliner of Austin, in the not-to-exceed amount of $231,765). The Public Utilities Board will consider
this item on January 8, 2018.
BACKGROUND
This item is for the purchase of one (1) Terex model 4047,
Freightliner model M2-106 chassis. The truck is a fleet addition for the Electric Distribution Department
that was approved in the 2017-2018 fiscal year budget. This truck will be used to install and maintain
electric poles throughout the City.
Fleet staff obtained two (2) cooperative purchasing contract quotes (Buy Board and National Joint
Purchasing Alliance) from prospective suppliers of this type of equipment (Exhibit 2). Electric Distribution
staff is recommending the purchase of the Terex model 4047 Digger Derrick truck utilizing Buy Board
Contract 521-16. Although this unit is the higher cost truck, staff believes the Terex to be the best value
based on current issues with the maintenance and excessive downtime associated with two (2) Altec brand
digger derrick trucks currently in operation (Exhibit 3). Use of the Buy Board Cooperative Purchasing
Network meets State of Texas statutory requirements for competitive bidding (Government Code 271.102).
RECOMMENDATION
Award a contract for the purchase of one (1) Terex Digger Derrick model 4047 truck to Freightliner of
Austin, in the amount not to exceed $231,765.
ESTIMATED SCHEDULE OF PROJECT
Delivery of the digger derrick truck will occur within 180 to 240 days after receipt of order.
FISCAL INFORMATION
The truck will be funded from Denton Municipal Electric operating account 603810605.1355.3920.
Requisition #137189 has been entered in the Purchasing software system.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Price Comparison/Quote
Exhibit 3: Staff Memo
Exhibit 4: Ordinance
Respectfully submitted:
Karen Smith, 349-8436
Purchasing Manager
For information concerning this acquisition, contact: Terry Kader at 940-349-8729
File 6670
Comparison for Digger Derrick Truck for the Electric Distribution Department
Terex 4047Altec DC47
Digger Derrick$ 231,765.00$ 224,531.00
Delivery/Training IncludedIncluded
Total$ 231,765.00$ 224,531.00
Freightliner of AustinAltec Industries, Inc.
1701 Smith Rd Hwy 183 S5202 E 36 HWY
Austin, Texas 78721St Joseph, Missouri 64507
casey.pratt@terex.comchad.sprague@altec.com
512-389-0000816-236-1276
Date: 10-11-2017
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Casey Pratt,
2018-19 Freightliner M2-106 35K chassis per request for City of Denton. Chassis includes Cummins ISB
260 HP engine, Allison trans, rear axle diff locks, trlr towing pkg. Quote is for chassis only and does not
include any applicable taxes or fees. Drop shipped to Watertown. Revised 148 code 10-9-17
Thank you,
Tom Standard
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 1 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
QUOTATION
M2 106 CONVENTIONAL CHASSIS
SET BACK AXLE - TRUCK DETROIT DA-F-14.7-3 14,700# FF1 71.5 KPI/3.74 DROP
SINGLE FRONT AXLE
CUM B6.7 260 HP @ 2400 RPM, 2600 GOV, 660 LB/FT @
1600 RPM 14,600# TAPERLEAF FRONT SUSPENSION
ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL
PTO PROVISION CAB
RS-21-160 21,000# R-SERIES SINGLE REAR AXLE 4800MM (189 INCH) WHEELBASE
23,000# 52 INCH VARIABLE RATE MULTI-LEAF SPRING 7/16X3-9/16X11-1/8 INCH STEEL FRAME
REAR SUSPENSION WITH LEAF SPRING (11.11MMX282.6MM/0.437X11.13 INCH) 120KSI
HELPER
2550MM (100 INCH) REAR FRAME OVERHANG
PER UNIT TOTAL
TOTAL # OF UNITS (1)
VEHICLE PRICE $ 75,750 $ 75,750
EXTENDED WARRANTY $ 200 $ 200
DEALER INSTALLED OPTIONS $ 0 $ 0
CUSTOMER PRICE BEFORE TAX $ $
75,950 75,950
TAXES AND FEES
TAXES AND FEES $ 0 $ 0
OTHER CHARGES $ 0 $ 0
TRADE-IN
TRADE-IN ALLOWANCE $ (0) $ (0)
BALANCE DUE (LOCAL CURRENCY) $ 75,950 $ 75,950
COMMENTS:
Projected delivery on ___ / ___ / ___ provided the order is received before ___ / ___ / ___.
APPROVAL:
Please indicate your acceptance of this quotation by signing below:
Customer: X_______________________________________ Date: ___ / ___ / ___.
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 2 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
QUOTATION DETAILS
EXTENDED WARRANTY
TOWING: 1 YEAR/UNLIMITED $ 200 $ 200
MILES/KM EXTENDED TOWING
COVERAGE $550 CAP FEX APPLIES
See your local dealer for a competitive quote from Daimler Truck Financial, or
contact us at Information@dtfoffers.com.
Daimler Truck Financial offers a variety of finance, lease and insurance solutions to
Financing that works for you.
fit your business needs. For more information about our products and services, visit
our website at www.daimler-truckfinancial.com.
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 3 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
SPECIFICATION PROPOSAL
Weight Weight
Data Code Description Front Rear
Price Level
PRL-16M M2 PRL-16M (EFF:04/25/17)
Data Version
DRL-023 SPECPRO21 DATA RELEASE VER 023
Interior Convenience/Driver Retention Package
055-998 NO INTERIOR CONVENIENCE PACKAGE
Vehicle Configuration
001-172 M2 106 CONVENTIONAL CHASSIS 5,759 3,503
004-218 2018 MODEL YEAR SPECIFIED
002-004 SET BACK AXLE - TRUCK
019-001 10 10
TRAILER TOWING PROVISION AT END OF
FRAME FOR TRUCK
003-001 LH PRIMARY STEERING LOCATION
General Service
AA1-003 TRUCK/TRAILER CONFIGURATION
AA6-001
DOMICILED, USA 50 STATES (INCLUDING
CALIFORNIA AND CARB OPT-IN STATES)
A85-010 UTILITY/REPAIR/MAINTENANCE SERVICE
A84-1GM GOVERNMENT BUSINESS SEGMENT
AA4-011 FIXED LOAD COMMODITY
AA5-002 TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN
TRANSIT, IS SPENT ON PAVED ROADS
AB1-008 MAXIMUM 8% EXPECTED GRADE
AB5-001 SMOOTH CONCRETE OR ASPHALT PAVEMENT -
MOST SEVERE IN-TRANSIT (BETWEEN SITES)
ROAD SURFACE
995-091 MEDIUM TRUCK WARRANTY
A66-99D EXPECTED FRONT AXLE(S) LOAD : 14600.0 lbs
A68-99D
EXPECTED REAR DRIVE AXLE(S) LOAD :
21000.0 lbs
A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY
: 35600.0 lbs
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 4 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
A70-99D
EXPECTED GROSS COMBINATION WEIGHT :
45000.0 lbs
Truck Service
AA3-030 FLATBED/PLATFORM BODY WITH LIFT/PULL
DEVICE
AF4-99D EXPECTED EMPTY BODY WEIGHT : 0.0 lbs
A88-99D EXPECTED TRUCK BODY LENGTH : 18.0 ft
AF3-2A5 TEREX
AF7-99D
EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE
FRAME "XX" INCHES : 32.0 in
Tractor Service
AA2-005 FLATBED TRAILER
AH6-001 SINGLE (1) TRAILER
Engine
101-21V
CUM B6.7 260 HP @ 2400 RPM, 2600 GOV, 660
LB/FT @ 1600 RPM
Electronic Parameters
79A-072 72 MPH ROAD SPEED LIMIT
79B-000
CRUISE CONTROL SPEED LIMIT SAME AS ROAD
SPEED LIMIT
79K-007 PTO MODE ENGINE RPM LIMIT - 1100 RPM
79P-002 PTO RPM WITH CRUISE SET SWITCH - 700 RPM
79Q-003 PTO RPM WITH CRUISE RESUME SWITCH - 800
RPM
79S-001 PTO MODE CANCEL VEHICLE SPEED - 5 MPH
79U-007 PTO GOVERNOR RAMP RATE - 250 RPM PER
SECOND
80G-002 PTO MINIMUM RPM - 700
80J-002 REGEN INHIBIT SPEED THRESHOLD - 5 MPH
Engine Equipment
99C-017 2016 ONBOARD DIAGNOSTICS/2010
EPA/CARB/FINAL GHG17 CONFIGURATION
99D-011 2008 CARB EMISSION CERTIFICATION - CLEAN
IDLE (INCLUDES 6X4 INCH LABEL ON LOWER
FORWARD CORNER OF DRIVER DOOR)
13E-001 STANDARD OIL PAN
105-001 ENGINE MOUNTED OIL CHECK AND FILL
133-004 ONE PIECE VALVE COVER
014-099 SIDE OF HOOD AIR INTAKE WITH FIREWALL
MOUNTED DONALDSON AIR CLEANER
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 5 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
124-1D7
DR 12V 160 AMP 28-SI QUADRAMOUNT PAD
ALTERNATOR WITH REMOTE BATTERY VOLT
SENSE
292-098 (2) ALLIANCE MODEL 1231, GROUP 31, 12 VOLT
MAINTENANCE FREE 2250 CCA THREADED
STUD BATTERIES
290-017 BATTERY BOX FRAME MOUNTED
281-001 STANDARD BATTERY JUMPERS
282-001
SINGLE BATTERY BOX FRAME MOUNTED LH
SIDE UNDER CAB
291-017 WIRE GROUND RETURN FOR BATTERY CABLES
WITH ADDITIONAL FRAME GROUND RETURN
289-001 NON-POLISHED BATTERY BOX COVER
293-058 8
POSITIVE LOAD DISCONNECT WITH CAB
MOUNTED CONTROL SWITCH MOUNTED
OUTBOARD DRIVER SEAT
295-029 POSITIVE AND NEGATIVE POSTS FOR 2
JUMPSTART LOCATED ON FRAME NEXT TO
STARTER
107-032
CUMMINS TURBOCHARGED 18.7 CFM AIR
COMPRESSOR WITH INTERNAL SAFETY VALVE
108-002 STANDARD MECHANICAL AIR COMPRESSOR
GOVERNOR
131-013 AIR COMPRESSOR DISCHARGE LINE
152-041
ELECTRONIC ENGINE INTEGRAL SHUTDOWN
PROTECTION SYSTEM
128-076 20
CUMMINS EXHAUST BRAKE INTEGRAL WITH
VARIABLE GEOMETRY TURBO WITH ON/OFF
DASH SWITCH
016-1C3
RH OUTBOARD UNDER STEP MOUNTED
HORIZONTAL AFTERTREATMENT SYSTEM
ASSEMBLY WITH RH HORIZONTAL TAILPIPE
28F-002 ENGINE AFTERTREATMENT DEVICE,
AUTOMATIC OVER THE ROAD REGENERATION
AND DASH MOUNTED REGENERATION
REQUEST SWITCH
239-001 STANDARD EXHAUST SYSTEM LENGTH
237-052 RH STANDARD HORIZONTAL TAILPIPE
23U-001 6 GALLON DIESEL EXHAUST FLUID TANK
30N-003 100 PERCENT DIESEL EXHAUST FLUID FILL
43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST
FLUID TANK LOCATION
23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP
MOUNTING
43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 6 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
273-035
HORTON HT650 FRONTAL AIR ON/OFF ENGINE
FAN CLUTCH
276-002
AUTOMATIC FAN CONTROL WITH DASH
SWITCH AND INDICATOR LIGHT, NON ENGINE
MOUNTED
110-003 CUMMINS SPIN ON FUEL FILTER
118-001 FULL FLOW OIL FILTER
266-078 950 SQUARE INCH ALUMINUM RADIATOR
103-039
ANTIFREEZE TO -34F, OAT (NITRITE AND
SILICATE FREE) EXTENDED LIFE COOLANT
171-007
GATES BLUE STRIPE COOLANT HOSES OR
EQUIVALENT
172-001 CONSTANT TENSION HOSE CLAMPS FOR
COOLANT HOSES
270-016 RADIATOR DRAIN VALVE
168-002 LOWER RADIATOR GUARD
138-010 4
PHILLIPS-TEMRO 750 WATT/115 VOLT BLOCK
HEATER
140-053
BLACK PLASTIC ENGINE HEATER RECEPTACLE
MOUNTED UNDER LH DOOR
134-001 ALUMINUM FLYWHEEL HOUSING
132-004 ELECTRIC GRID AIR INTAKE WARMER
155-057 DELCO 12V 29MT STARTER WITH INTEGRATED
MAGNETIC SWITCH
Transmission
342-584 ALLISON 3500 RDS AUTOMATIC TRANSMISSION 200 60
WITH PTO PROVISION
Transmission Equipment
343-339
ALLISON VOCATIONAL PACKAGE 223 -
AVAILABLE ON 3000/4000 PRODUCT FAMILIES
WITH VOCATIONAL MODELS RDS, HS, MH AND
TRV
84B-012
ALLISON VOCATIONAL RATING FOR ON/OFF
HIGHWAY APPLICATIONS AVAILABLE WITH ALL
PRODUCT FAMILIES
84C-023 PRIMARY MODE GEARS, LOWEST GEAR 1,
START GEAR 1, HIGHEST GEAR 6, AVAILABLE
FOR 3000/4000 PRODUCT FAMILIES ONLY
84D-023 SECONDARY MODE GEARS, LOWEST GEAR 1,
START GEAR 1, HIGHEST GEAR 6, AVAILABLE
FOR 3000/4000 PRODUCT FAMILIES ONLY
84E-000
PRIMARY SHIFT SCHEDULE RECOMMENDED BY
DTNA AND ALLISON, THIS DEFINED BY ENGINE
AND VOCATIONAL USAGE
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 7 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
84F-000
SECONDARY SHIFT SCHEDULE
RECOMMENDED BY DTNA AND ALLISON, THIS
DEFINED BY ENGINE AND VOCATIONAL USAGE
84G-000 PRIMARY SHIFT SPEED RECOMMENDED BY
DTNA AND ALLISON, THIS DEFINED BY ENGINE
AND VOCATIONAL USAGE
84H-000
SECONDARY SHIFT SPEED RECOMMENDED BY
DTNA AND ALLISON, THIS DEFINED BY ENGINE
AND VOCATIONAL USAGE
84L-000
LOAD BASED SHIFT SCHEDULE AND VEHICLE
ACCELERATION CONTROL RECOMMENDED BY
DTNA AND ALLISON, THIS DEFINED
VOCATIONAL USAGE
84N-000
NEUTRAL AT STOP - DISABLED, FUELSENSE -
DISABLED
84U-000
DRIVER SWITCH INPUT - DEFAULT - NO
SWITCHES
353-023 VEHICLE INTERFACE WIRING CONNECTOR
WITHOUT BLUNT CUTS, AT END OF FRAME
34C-001
ELECTRONIC TRANSMISSION CUSTOMER
ACCESS CONNECTOR FIREWALL MOUNTED
362-1Y0
(2) CUSTOMER INSTALLED CHELSEA 277
SERIES PTO'S
363-011 PTO MOUNTING, LH AND RH SIDES OF MAIN
TRANSMISSION
341-018
MAGNETIC PLUGS, ENGINE DRAIN,
TRANSMISSION DRAIN, AXLE(S) FILL AND
DRAIN
345-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL,
DASH MOUNTED
97G-004 TRANSMISSION PROGNOSTICS - ENABLED 2013
370-015
WATER TO OIL TRANSMISSION COOLER, IN
RADIATOR END TANK
346-013
TRANSMISSION OIL CHECK AND FILL WITH
CROSSOVER TO CLEAR LH PTO AND DIRECT
MOUNT PUMP
35T-001
SYNTHETIC TRANSMISSION FLUID (TES-295
COMPLIANT)
Front Axle and Equipment
400-1A8 DETROIT DA-F-14.7-3 14,700# FF1 71.5 KPI/3.74
DROP SINGLE FRONT AXLE
402-049
MERITOR 16.5X5 Q+ CAST SPIDER CAM FRONT
BRAKES, DOUBLE ANCHOR, FABRICATED
SHOES
403-002 NON-ASBESTOS FRONT BRAKE LINING
419-023 CONMET CAST IRON FRONT BRAKE DRUMS
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 8 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
427-001 FRONT BRAKE DUST SHIELDS 5
409-006 FRONT OIL SEALS
408-001
VENTED FRONT HUB CAPS WITH WINDOW,
CENTER AND SIDE PLUGS - OIL
416-022 STANDARD SPINDLE NUTS FOR ALL AXLES
405-002
MERITOR AUTOMATIC FRONT SLACK
ADJUSTERS
536-012 TRW TAS-85 POWER STEERING 40
539-003 POWER STEERING PUMP
534-015 2 QUART SEE THROUGH POWER STEERING
RESERVOIR
40T-001 ORGANIC SAE 80/90 FRONT AXLE LUBE
Front Suspension
620-010 14,600# TAPERLEAF FRONT SUSPENSION 170
619-005 MAINTENANCE FREE RUBBER BUSHINGS -
FRONT SUSPENSION
62H-010 FRONT SUSPENSION WITH LEFT HAND OFFSET 4
SHACKLE BRACKET
410-001 FRONT SHOCK ABSORBERS
Rear Axle and Equipment
420-009 RS-21-160 21,000# R-SERIES SINGLE REAR 180
AXLE
421-643 6.43 REAR AXLE RATIO
424-001 IRON REAR AXLE CARRIER WITH STANDARD
AXLE HOUSING
386-073
MXL 17T MERITOR EXTENDED LUBE MAIN
DRIVELINE WITH HALF ROUND YOKES
393-998 NO DRIVELINE GUARD
452-001 DRIVER CONTROLLED TRACTION 20
DIFFERENTIAL - SINGLE REAR AXLE
878-018 (1) DRIVER CONTROLLED DIFFERENTIAL LOCK
REAR VALVE FOR SINGLE DRIVE AXLE
87B-004
BLINKING LAMP WITH EACH MODE SWITCH,
DIFFERENTIAL UNLOCK WITH IGNITION OFF,
ACTIVE <5 MPH
423-020 MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR
BRAKES, DOUBLE ANCHOR, FABRICATED
SHOES
433-002 NON-ASBESTOS REAR BRAKE LINING
434-011 BRAKE CAMS AND CHAMBERS ON FORWARD
SIDE OF DRIVE AXLE(S)
451-023 CONMET CAST IRON REAR BRAKE DRUMS
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 9 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
425-002 REAR BRAKE DUST SHIELDS
440-006 REAR OIL SEALS
426-100
WABCO TRISTOP D LONGSTROKE 1-DRIVE
AXLE SPRING PARKING CHAMBERS
428-002
MERITOR AUTOMATIC REAR SLACK
ADJUSTERS
41T-002 SYNTHETIC 75W-90 REAR AXLE LUBE
Rear Suspension
622-1MJ 110
23,000# 52 INCH VARIABLE RATE MULTI-LEAF
SPRING REAR SUSPENSION WITH LEAF
SPRING HELPER
621-001 SPRING SUSPENSION - NO AXLE SPACERS
431-001 STANDARD AXLE SEATS IN AXLE CLAMP
GROUP
Brake System
018-002 AIR BRAKE PACKAGE
490-100 WABCO 4S/4M ABS WITHOUT TRACTION
CONTROL
871-001 REINFORCED NYLON, FABRIC BRAID AND WIRE
BRAID CHASSIS AIR LINES
904-001 FIBER BRAID PARKING BRAKE HOSE
412-001 STANDARD BRAKE SYSTEM VALVES
46D-002
STANDARD AIR SYSTEM PRESSURE
PROTECTION SYSTEM
413-002 STD U.S. FRONT BRAKE VALVE
432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE,
NO REAR PROPORTIONING VALVE
480-083 WABCO SS-1200 PLUS AIR DRYER WITH
INTEGRAL AIR GOVERNOR AND HEATER
479-012 AIR DRYER MOUNTED UNDER HOOD
460-014 5 5
STEEL AIR TANKS MOUNTED BELOW FRAME
RAILS
607-001 CLEAR FRAME RAILS FROM BACK OF CAB TO
FRONT REAR SUSPENSION BRACKET, BOTH
RAILS OUTBOARD
477-004 PULL CABLES ON ALL AIR RESERVOIR(S)
Trailer Connections
914-001 AIR CONNECTIONS TO END OF FRAME WITH
GLAD HANDS FOR TRUCK AND NO DUST
COVERS
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 10 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
296-027
PRIMARY CONNECTOR/RECEPTACLE WIRED
FOR COMBINATION STOP/TURN, CENTER PIN
POWERED THROUGH IGNITION WITH STOP
SIGNAL PREWIRE PACKAGE
297-001
SAE J560 7-WAY PRIMARY TRAILER CABLE
RECEPTACLE MOUNTED END OF FRAME
335-004 UPGRADED CHASSIS MULTIPLEXING UNIT
32A-002 UPGRADED BULKHEAD MULTIPLEXING UNIT
30L-998 NO HIGH CURRENT TRAILER/BODY CABLE
Wheelbase & Frame
545-480 4800MM (189 INCH) WHEELBASE
546-102 7/16X3-9/16X11-1/8 INCH STEEL FRAME 160 280
(11.11MMX282.6MM/0.437X11.13 INCH) 120KSI
552-063 2550MM (100 INCH) REAR FRAME OVERHANG
55W-009 -50 210
FRAME OVERHANG RANGE: 91 INCH TO 100
INCH
549-093 8 INCH BOLT ON FRONT FRAME EXTENSION 55
AC8-99D CALC'D BACK OF CAB TO REAR SUSP C/L (CA) :
123.45 in
AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO
REAR SUSPENSION C/L (CA) : 120.45 in
AE4-99D CALC'D FRAME LENGTH - OVERALL : 318.39
AM6-99D
CALC'D SPACE AVAILABLE FOR DECKPLATE :
123.45 in
FSS-0LH CALCULATED FRAME SPACE LH SIDE : 126.23
in
FSS-0RH CALCULATED FRAME SPACE RH SIDE : 108.37
in
553-001 SQUARE END OF FRAME
550-001 FRONT CLOSING CROSSMEMBER
559-003 -12
LIGHTWEIGHT HEAVY DUTY ALUMINUM ENGINE
CROSSMEMBER
562-001 STANDARD MIDSHIP #1 CROSSMEMBER(S)
572-001 STANDARD REARMOST CROSSMEMBER
565-001 STANDARD SUSPENSION CROSSMEMBER
Chassis Equipment
556-997 OMIT FRONT BUMPER, CUSTOMER INSTALLED -60
SPECIAL BUMPER, DOES NOT COMPLY WITH
FMCSR 393.203
558-001 FRONT TOW HOOKS - FRAME MOUNTED 15
586-024 FENDER AND FRONT OF HOOD MOUNTED
FRONT MUDFLAPS
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 11 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
551-007
GRADE 8 THREADED HEX HEADED FRAME
FASTENERS
489-998 NO TIRE PRESSURE CONTROL/SENSOR
Fuel Tanks
204-206 42 GALLON/159 LITER SHORT RECTANGULAR 10
ALUMINUM FUEL TANK - LH
218-005 RECTANGULAR FUEL TANK(S)
215-005
PLAIN ALUMINUM/PAINTED STEEL
FUEL/HYDRAULIC TANK(S) WITH PAINTED
BANDS
212-007 FUEL TANK(S) FORWARD
664-001 PLAIN STEP FINISH
205-001 FUEL TANK CAP(S)
122-1J2 DETROIT FUEL/WATER SEPARATOR WITH -5
WATER IN FUEL SENSOR AND HAND PRIMER
216-020 EQUIFLO INBOARD FUEL SYSTEM
202-016
HIGH TEMPERATURE REINFORCED NYLON
FUEL LINE
221-001 FUEL COOLER 10
Tires
093-0RW MICHELIN XZA2 ENERGY 315/80R22.5 20 PLY 56
RADIAL FRONT TIRES
094-1RJ 200
MICHELIN X WORKS Z 315/80R22.5 20 PLY
RADIAL REAR TIRES
Hubs
418-060 20
CONMET PRESET PLUS PREMIUM IRON FRONT
HUBS
450-060
CONMET PRESET PLUS PREMIUM IRON REAR
HUBS
Wheels
502-433 66
ACCURIDE 29039 22.5X9.00 10-HUB PILOT 5.25
INSET 5-HAND STEEL DISC FRONT WHEELS
505-445 ACCURIDE 29300 22.5X9.00 10-HUB PILOT 5- 164
HAND STEEL DISC REAR WHEELS
50W-998 NO RIM/WHEEL TIRE PRESSURE SENSOR
496-011 FRONT WHEEL MOUNTING NUTS
497-011 REAR WHEEL MOUNTING NUTS
Cab Exterior
829-071
106 INCH BBC FLAT ROOF ALUMINUM
CONVENTIONAL CAB
650-008 AIR CAB MOUNTING
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 12 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
648-002
NONREMOVABLE BUGSCREEN MOUNTED
BEHIND GRILLE
754-008 2-1/2 INCH FENDER EXTENSIONS 10
678-001 LH AND RH GRAB HANDLES
646-023 HOOD MOUNTED CHROMED PLASTIC GRILLE
65X-003 CHROME HOOD MOUNTED AIR INTAKE GRILLE
644-004 FIBERGLASS HOOD
727-1AF 4
SINGLE 14 INCH ROUND HADLEY AIR HORN
UNDER LH DECK
726-001 SINGLE ELECTRIC HORN
728-001 SINGLE HORN SHIELD
657-001 DOOR LOCKS AND IGNITION SWITCH KEYED
THE SAME
575-001 REAR LICENSE PLATE MOUNT END OF FRAME
312-038
INTEGRAL HEADLIGHT/MARKER ASSEMBLY
WITH CHROME BEZEL
302-047 LED AERODYNAMIC MARKER LIGHTS
294-090 -5
OMIT STOP/TAIL/BACKUP LIGHTS AND PROVIDE
WIRING FOR COMBINED STOP/TURN LIGHTS TO
FOUR FEET BEYOND END OF FRAME
300-015 STANDARD FRONT TURN SIGNAL LAMPS
744-1BH
DUAL WEST COAST MOLDED-IN COLOR
MIRRORS
797-001 DOOR MOUNTED MIRRORS
796-001 102 INCH EQUIPMENT WIDTH
743-1AP
LH AND RH 8 INCH MOLDED-IN COLOR CONVEX
MIRRORS M0UNTED UNDER PRIMARY
MIRRORS
729-001 STANDARD SIDE/REAR REFLECTORS
768-043 63X14 INCH TINTED REAR WINDOW
661-003
TINTED DOOR GLASS LH AND RH WITH TINTED
NON-OPERATING WING WINDOWS
654-027 4
RH AND LH ELECTRIC POWERED WINDOWS,
PASSENGER SWITCHES ON DOOR(S)
663-013 TINTED WINDSHIELD
659-019 2 GALLON WINDSHIELD WASHER RESERVOIR
WITHOUT FLUID LEVEL INDICATOR, FRAME
MOUNTED
Cab Interior
707-1AK OPAL GRAY VINYL INTERIOR
706-013 MOLDED PLASTIC DOOR PANEL
708-013 MOLDED PLASTIC DOOR PANEL
Application Version 9.2.509 10/09/2017 12:49 PM
Data Version PRL-16M.023
Terex-Denton
Page 13 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
772-006 BLACK MATS WITH SINGLE INSULATION
785-001 DASH MOUNTED ASH TRAYS AND LIGHTER
691-008
FORWARD ROOF MOUNTED CONSOLE WITH
UPPER STORAGE COMPARTMENTS WITHOUT
NETTING
694-010 IN DASH STORAGE BIN
742-007 (2) CUP HOLDERS LH AND RH DASH
680-006 GRAY/CHARCOAL FLAT DASH
860-004 SMART SWITCH EXPANSION MODULE
720-002 2-1/2 LB. FIRE EXTINGUISHER 5
700-002 HEATER, DEFROSTER AND AIR CONDITIONER
701-001 STANDARD HVAC DUCTING
703-005 MAIN HVAC CONTROLS WITH RECIRCULATION
SWITCH
170-015 STANDARD HEATER PLUMBING
130-033
DENSO HEAVY DUTY AIR CONDITIONER
COMPRESSOR
702-002 BINARY CONTROL, R-134A
739-033 STANDARD INSULATION
285-013
SOLID-STATE CIRCUIT PROTECTION AND
FUSES
280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM
324-011 DOME DOOR ACTIVATED LH AND RH, DUAL
READING LIGHTS, FORWARD CAB ROOF
655-005 LH AND RH ELECTRIC DOOR LOCKS
284-023 (1) 12 VOLT POWER SUPPLY IN DASH
722-002 TRIANGULAR REFLECTORS WITHOUT FLARES 10
756-1J3 30
BASIC HIGH BACK AIR SUSPENSION DRIVER
SEAT WITH MECHANICAL LUMBAR AND
INTEGRATED CUSHION EXTENSION
760-235 2 MAN TOOL BOX MID BACK NON SUSPENSION 20
PASSENGER SEAT
759-007 4
DUAL DRIVER SEAT ARMRESTS, NO
PASSENGER SEAT ARMRESTS
711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS
758-036 VINYL WITH VINYL INSERT DRIVER SEAT
761-036 VINYL WITH VINYL INSERT PASSENGER SEAT
763-101 BLACK SEAT BELTS
532-002 10
ADJUSTABLE TILT AND TELESCOPING
STEERING COLUMN
540-015 4-SPOKE 18 INCH (450MM) STEERING WHEEL
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Page 14 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
765-002
DRIVER AND PASSENGER INTERIOR SUN
VISORS
Instruments & Controls
732-004 GRAY DRIVER INSTRUMENT PANEL
734-004 GRAY CENTER INSTRUMENT PANEL
870-001 BLACK GAUGE BEZELS
486-001 LOW AIR PRESSURE INDICATOR LIGHT AND
AUDIBLE ALARM
840-002
2 INCH PRIMARY AND SECONDARY AIR
PRESSURE GAUGES
198-003 DASH MOUNTED AIR RESTRICTION INDICATOR
WITH GRADUATIONS
721-001 97 DB BACKUP ALARM 3
149-013 ELECTRONIC CRUISE CONTROL WITH
SWITCHES IN LH SWITCH PANEL
156-007
KEY OPERATED IGNITION SWITCH AND
INTEGRAL START POSITION; 4 POSITION
OFF/RUN/START/ACCESSORY
811-042 ICU3S, 132X48 DISPLAY WITH DIAGNOSTICS, 28
LED WARNING LAMPS AND DATA LINKED
160-038
HEAVY DUTY ONBOARD DIAGNOSTICS
INTERFACE CONNECTOR LOCATED BELOW LH
DASH
844-001 2 INCH ELECTRIC FUEL GAUGE
148-003 PROGRAMMABLE RPM CONTROL -
ELECTRONIC ENGINE
856-001
ELECTRICAL ENGINE COOLANT TEMPERATURE
GAUGE
864-001
2 INCH TRANSMISSION OIL TEMPERATURE
GAUGE
830-017 ENGINE AND TRIP HOUR METERS INTEGRAL
WITHIN DRIVER DISPLAY
372-051
CUSTOMER FURNISHED AND INSTALLED PTO
CONTROLS
73B-998 NO LANE DEPARTURE WARNING SYSTEM
852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE
679-001 OVERHEAD INSTRUMENT PANEL
746-115 10
AM/FM/WB WORLD TUNER RADIO WITH
BLUETOOTH AND USB AND AUXILIARY INPUTS,
J1939
747-001 DASH MOUNTED RADIO
750-002 (2) RADIO SPEAKERS IN CAB
753-008
AM/FM ANTENNA MOUNTED ON LH SIDE
MIRROR
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Page 15 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
810-027
ELECTRONIC MPH SPEEDOMETER WITH
SECONDARY KPH SCALE, WITHOUT
ODOMETER
817-001 STANDARD VEHICLE SPEED SENSOR
812-001 ELECTRONIC 3000 RPM TACHOMETER
813-998 NO VEHICLE PERFORMANCE MONITOR -5
8D1-998 NO DETROIT CONNECT SERVICES SELECTED
8Z1-998 NO ZONAR SERVICES SELECTED
162-011 IDLE LIMITER, ELECTRONIC ENGINE
329-010 TWO ON/OFF ROCKER SWITCHES IN THE DASH
WITH INDICATOR LIGHTS AND WIRE ROUTED
TO CHASSIS AT BACK OF CAB, LABEL OPT
81Y-001
PRE-TRIP LAMP INSPECTION, ALL OUTPUTS
FLASH, WITH SMART SWITCH
482-001 BW TRACTOR PROTECTION VALVE
883-001 TRAILER HAND CONTROL BRAKE VALVE
836-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH
DRIVER DISPLAY
660-008
SINGLE ELECTRIC WINDSHIELD WIPER MOTOR
WITH DELAY
304-003
MARKER LIGHT/HEADLIGHT SWITCH WITH
SEPARATE INTERRUPTER FOR CLEARANCE
LIGHTS
882-004
TWO VALVE PARKING BRAKE SYSTEM WITH
WARNING INDICATOR
299-013
SELF CANCELING TURN SIGNAL SWITCH WITH
DIMMER, WASHER/WIPER AND HAZARD IN
HANDLE
298-039
INTEGRAL ELECTRONIC TURN SIGNAL
FLASHER WITH HAZARD LAMPS OVERRIDING
STOP LAMPS
869-998 NO MISCELLANEOUS GAUGES
Design
065-000 PAINT: ONE SOLID COLOR
Color
980-5F6 CAB COLOR A: L0006EB WHITE ELITE BC
986-020 BLACK, HIGH SOLIDS POLYURETHANE CHASSIS
PAINT
98K-998 NO FUEL TANK CABINET PAINT
962-972 POWDER WHITE (N0006EA) FRONT
WHEELS/RIMS (PKWHT21, TKWHT21, W, TW)
966-972
POWDER WHITE (N0006EA) REAR
WHEELS/RIMS (PKWHT21, TKWHT21, W, TW)
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Page 16 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Weight Weight
Data Code Description Front Rear
963-003 STANDARD E COAT/UNDERCOATING
Certification / Compliance
996-001 U.S. FMVSS CERTIFICATION, EXCEPT SALES
CABS AND GLIDER KITS
Secondary Factory Options
998-001 CORPORATE PDI CENTER IN-SERVICE ONLY
TOTAL VEHICLE SUMMARY
Weight Summary
Weight Weight Total
Front Rear Weight
+
6594 lbs 4740 lbs 11334 lbs
Factory Weight
+
6594 lbs 4740 lbs 11334 lbs
Total Weight
Extended Warranty
WAG-010 TOWING: 1 YEAR/UNLIMITED MILES/KM EXTENDED TOWING
COVERAGE $550 CAP FEX APPLIES
(+) Weights shown are estimates only.
If weight is critical, contact Customer Application Engineering.
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Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
OPERATING RANGE
VEHICLE SPECIFICATIONS SUMMARY - OPERATING RANGE
Model .......................................................................................................................................................................................
M2106
Cab Size (829)................................................................................ 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB
Desired Cruise Speed (mph) ........................................................................................................................................................ 65.0
Engine (101) .......................................................................... CUM B6.7 260 HP @ 2400 RPM, 2600 GOV, 660 LB/FT @ 1600 RPM
RPM at Peak Torque .............................................................................................................................................................
1600
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Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Governed RPM ......................................................................................................................................................................
2600
Transmission (342) ...................................................... ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION
Gear Ratio: LL .........................................................................................................................................................................
N/A
Gear Ratio: L ...........................................................................................................................................................................
N/A
Gear Ratio: 1 ..........................................................................................................................................................................
4.59
Gear Ratio: 2 ..........................................................................................................................................................................
2.25
Gear Ratio: 3 ..........................................................................................................................................................................
1.54
Gear Ratio: 4 ...............................................................................................................................................................................
1
Gear Ratio: 5 ..........................................................................................................................................................................
0.75
Gear Ratio: 6 ..........................................................................................................................................................................
0.65
Gear Ratio: 7 ...........................................................................................................................................................................
N/A
Gear Ratio: 8 ...........................................................................................................................................................................
N/A
Gear Ratio: 9 ...........................................................................................................................................................................
N/A
Gear Ratio: 10 .........................................................................................................................................................................
N/A
Gear Ratio: 11 .........................................................................................................................................................................
N/A
Gear Ratio: 12 .........................................................................................................................................................................
N/A
Gear Ratio: 13 .........................................................................................................................................................................
N/A
Gear Ratio: 14 .........................................................................................................................................................................
N/A
Gear Ratio: 15 .........................................................................................................................................................................
N/A
Gear Ratio: 16 .........................................................................................................................................................................
N/A
Gear Ratio: 17 .........................................................................................................................................................................
N/A
Gear Ratio: 18 .........................................................................................................................................................................
N/A
Auxiliary Transmission (352) ........................................................................................................... NO AUXILIARY TRANSMISSION
Low Gear Ratio ........................................................................................................................................................................
N/A
High Gear Ratio .......................................................................................................................................................................
N/A
Transfer Case (373)......................................................................................................................................... NO TRANSFER CASE
Low Gear Ratio ........................................................................................................................................................................
N/A
High Gear Ratio .......................................................................................................................................................................
N/A
Rear Axle (420) ................................................................................................ RS-21-160 21,000# R-SERIES SINGLE REAR AXLE
Number of Speeds .......................................................................................................................................................................
1
Rear Axle Gear Ratio(s) ..........................................................................................................................6.43 REAR AXLE RATIO
Rear Tires (094) ....................................................................... MICHELIN X WORKS Z 315/80R22.5 20 PLY RADIAL REAR TIRES
Revolutions per Mile ................................................................................................................................................................
485
TABLE SUMMARY - OPERATING RANGE
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Page 19 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application
Engineering.
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Page 20 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
DIMENSIONS
VEHICLE SPECIFICATIONS SUMMARY - DIMENSIONS
Model .......................................................................................................................................................................................
M2106
Wheelbase (545) .......................................................................................................................... 4800MM (189 INCH) WHEELBASE
Rear Frame Overhang (552) .................................................................................. 2550MM (100 INCH) REAR FRAME OVERHANG
Fifth Wheel (578) ................................................................................................................................................... NO FIFTH WHEEL
Mounting Location (577) ............................................................................................................... NO FIFTH WHEEL LOCATION
Maximum Forward Position (in) ....................................................................................................................................................
0
Maximum Rearward Position (in) .................................................................................................................................................
0
Amount of Slide Travel (in) ...........................................................................................................................................................
0
Slide Increment (in) ......................................................................................................................................................................
0
Desired Slide Position (in) .........................................................................................................................................................
0.0
Cab Size (829)................................................................................ 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB
Sleeper (682) ................................................................................................................................ NO SLEEPER BOX/SLEEPERCAB
Exhaust System (016) ........ RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY
WITH RH HORIZONTAL TAILPIPE
TABLE SUMMARY - DIMENSIONS
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Page 21 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application
Engineering.
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Page 22 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
GVWR
VEHICLE SPECIFICATIONS SUMMARY - GVWR
Model .......................................................................................................................................................................................
M2106
Cab Size (829)................................................................................ 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB
Expected Front Axle(s) Load (lbs) ........................................................................................................................................... 14600.0
Expected Pusher Axle(s) Load (lbs) ................................................................................................................................................ 0.0
Expected Rear Axle(s) Load (lbs) ........................................................................................................................................... 21000.0
Expected Tag Axle(s) Load (lbs) .....................................................................................................................................................
0.0
Expected GVW (lbs) ..................................................................................................................................................................
35600
Expected GCW (lbs) ............................................................................................................................................................... 45000.0
Front Axle (400) .................................................... DETROIT DA-F-14.7-3 14,700# FF1 71.5 KPI/3.74 DROP SINGLE FRONT AXLE
Front Suspension (620) ................................................................................................14,600# TAPERLEAF FRONT SUSPENSION
Front Hubs (418) ..................................................................................... CONMET PRESET PLUS PREMIUM IRON FRONT HUBS
Front Disc Wheels (502) ............ ACCURIDE 29039 22.5X9.00 10-HUB PILOT 5.25 INSET 5-HAND STEEL DISC FRONT WHEELS
Front Tires (093) ................................................................ MICHELIN XZA2 ENERGY 315/80R22.5 20 PLY RADIAL FRONT TIRES
Front Brakes (402) ......... MERITOR 16.5X5 Q+ CAST SPIDER CAM FRONT BRAKES, DOUBLE ANCHOR, FABRICATED SHOES
Steering Gear (536) ....................................................................................................................... TRW TAS-85 POWER STEERING
Rear Axle (420) ................................................................................................ RS-21-160 21,000# R-SERIES SINGLE REAR AXLE
Rear Suspension (622) ....... 23,000# 52 INCH VARIABLE RATE MULTI-LEAF SPRING REAR SUSPENSION WITH LEAF SPRING
HELPER
Rear Hubs (450) ......................................................................................... CONMET PRESET PLUS PREMIUM IRON REAR HUBS
Rear Disc Wheels (505) .................................. ACCURIDE 29300 22.5X9.00 10-HUB PILOT 5-HAND STEEL DISC REAR WHEELS
Rear Tires (094) ....................................................................... MICHELIN X WORKS Z 315/80R22.5 20 PLY RADIAL REAR TIRES
Rear Brakes (423) ............ MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES
Pusher / Tag Axle (443) ......................................................................................................................... NO PUSHER OR TAG AXLE
Pusher / Tag Suspension (626) ............................................................................................... NO PUSHER OR TAG SUSPENSION
Pusher / Tag Hubs (449)........................................................................................................................ NO PUSHER OR TAG HUBS
Pusher/Tag Disc Wheels (509) ...................................................................................................... NO PUSHER/TAG DISC WHEELS
Pusher / Tag Tires (095) ............................................................................................................................. NO PUSHER/TAG TIRES
Pusher / Tag Brakes (456) ...................................................................................................................... NO PUSHER/TAG BRAKES
TABLE SUMMARY - GVWR
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Page 23 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application
Engineering.
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Page 24 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
TRUCK WEIGHT
VEHICLE SPECIFICATIONS SUMMARY - TRUCK WEIGHT
Model .......................................................................................................................................................................................
M2106
Cab Size (829)................................................................................ 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB
Expected Front Axle(s) Load (lbs) ........................................................................................................................................... 14600.0
Expected Pusher Axle(s) Load (lbs) ................................................................................................................................................ 0.0
Expected Rear Axle(s) Load (lbs) ........................................................................................................................................... 21000.0
Expected Tag Axle(s) Load (lbs) .....................................................................................................................................................
0.0
Expected GVW (lbs) ..................................................................................................................................................................
35600
Expected GCW (lbs) ............................................................................................................................................................... 45000.0
Wheelbase (545) .......................................................................................................................... 4800MM (189 INCH) WHEELBASE
Pusher / Tag Axle (443) ......................................................................................................................... NO PUSHER OR TAG AXLE
Front Axle to Back of Cab (in) ................................................................................................................................................... 65.551
Cab to Body Clearance (in) .............................................................................................................................................................
3.0
Front Axle to Body (in) ..............................................................................................................................................................
68.551
Truck Configuration (AA3) .......................................................................... FLATBED/PLATFORM BODY WITH LIFT/PULL DEVICE
Body Length (ft) ......................................................................................................................................................................
18.0
Body Weight (lbs) .....................................................................................................................................................................
0.0
Body Horiz CG from Body Front (ft) ........................................................................................................................................ 10.0
Body Front to Rear Axle(s) CL (ft) ......................................................................................................................................... 10.04
Driver Weight (lbs) ......................................................................................................................................................................
500.0
Driver Horizontal CG from Front Axle (in) .................................................................................................................................. 46.302
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Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
Left-Hand Fuel Tank (204) ......................................42 GALLON/159 LITER SHORT RECTANGULAR ALUMINUM FUEL TANK - LH
Left Fuel Tank Horizontal CG (in) ........................................................................................................................................ 44.389
Right-Hand Fuel Tank (206) ................................................................................................................................ NO RH FUEL TANK
Right Fuel Tank Horizontal CG (in) ..............................................................................................................................................
0
TABLE SUMMARY - TRUCK WEIGHT
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application
Engineering.
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Page 26 of 27
Prepared for: Prepared by:
Casey Pratt Tom Standard
Terex Utilities FREIGHTLINER OF AUSTIN
142 Gembler Rd 1701 SMITH ROAD
San Antonio, TX 78219 AUSTIN, TX 78721
Phone: 605-520-9073 Phone: 512-389-0000
E-Mail: tstandard@ftl1.com
FRAME RBM
VEHICLE SPECIFICATIONS SUMMARY - FRAME RBM
Wheelbase (545) .......................................................................................................................... 4800MM (189 INCH) WHEELBASE
Frame Rails (546) ....................... 7/16X3-9/16X11-1/8 INCH STEEL FRAME (11.11MMX282.6MM/0.437X11.13 INCH) 120KSI(546)
Yield Strength (psi) ............................................................................................................................................................
120000
Section Modulus (per rail) (cu in) ............................................................................................................................................
21.6
RBM (per rail) (lbf-in) .......................................................................................................................................................
2592000
Inner Frame Reinforcement (547) .......................................................................................... NO INNER FRAME REINFORCEMENT
Outer Frame Reinforcement (548) ....................................................................................... NO OUTER FRAME REINFORCEMENT
TABLE SUMMARY - FRAME RBM
Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application
Engineering.
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DME Distribution
1701Spencer Rd., Denton, TX 76205(940) 349-7669
MEMORANDUM
DATE:December 21, 2017
TO:Terry Kader
FROM:Rowdy Patterson
SUBJECT:Vehicle Replacement Justification
ED0073, Altec Boom Tip Digger Derrick with Linebodybin package, was scheduled for
replacement in FY 16-17. As you know,we have gone back and forth about the issues we are
experiencing with several of our other Altec Digger Derrick units trying to make a decision of
whether or not to stay with Altecas a single source on these units. The successeswe have had in
the past with our Altec Bucket Trucks versus the Terex Bucket Trucks makes this decision very
tough. In good faith, we have allowed Altec to try and address these issues before we decided
which vendor we would utilize for this replacement vehicle. Altec hopes their latest solution will
fix the issues but we do not wish to push this replacement another six months for this evaluation.
I understand that the Terex unit is 3.1% more than the Altec unit and I am confident that there is
enough maintenance evidence in your files to support DME’s request to put a Terex Digger
Derrick into our fleet. This will give us an opportunity to compare the units to determine which
one is the better option for DME, just as we did several years ago when deciding to go with Altec
Bucket Trucks.
If you need any further information please let me know.
OUR CORE VALUES
IntegrityFiscal Responsibility TransparencyOutstanding Customer Service
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-042,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDentonauthorizingtheCityManagerorhisdesigneeto
executeacontractforthepurchaseofone(1)JohnDeereModel245GHydraulicExcavatorfortheCityof
DentonDrainageDepartmentasawardedbyBuyBoardCooperativePurchasingNetworkContract#515-16;
providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File6684-awardedtoRDO
Equipment Company in the not-to-exceed amount of $215,236.57).
City of DentonPage 1 of 1Printed on 1/5/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2017
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to
execute a contract for the purchase of one (1) John Deere Model 245G Hydraulic Excavator for the City of
Denton Drainage Department as awarded by Buy Board Cooperative Purchasing Network Contract# 515-
16; providing for the expenditure of funds therefor; and providing an effective date (File 6684-awardedto
RDO Equipment Company in the not-to-exceed amount of $215,236.57).
BACKGROUND
This item is for the purchase of one (1) hydraulic excavator for the Drainage Department. The hydraulic
excavator is a fleet replacement that was approved as part of the 2017-2018 Fiscal Year budget. The
hydraulic excavator will be replacing a 2008 model that has accrued over $108,000 in LTD (lifetime to
date) maintenance costs. The 2008 model excavator will be auctioned after delivery of the new unit.
Fleet staff obtained three (3) Cooperative Purchasing Contract quotes through the State of Texas Buy Board
from prospective suppliers of hydraulic excavators (Exhibit 2). Pricing obtained through the Buy Board
Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas
Local Government Code 271.102. Fleet Services is recommending the purchase of a John Deere model
245G excavator quoted by RDO Equipment Company, Buy Board Contract# 515-16. This excavator is
deemed to be the best value for the department due to the specified breakout force and swing characteristics.
Although the John Deere model is not the lowest cost, it has the highest published breakout force of all of
and along with
swing chara
(Exhibit 3). The John Deere quote also includes a comprehensive 5 year/5,000 hour ($200 deductible)
manufacturer warranty.
PRINCIPAL PLACE OF BUSINESS
RDO Equipment Company
McKinney, TX
RECOMMENDATION
Award a contract for the purchase of the replacement excavator to RDO Equipment Company, in the
amount not to exceed $215,236.57.
ESTIMATED SCHEDULE OF PROJECT
Delivery of the excavator will occur within 180 to 240 days after receipt of order.
FISCAL INFORMATION
The excavator will be funded from the Drainage department operating account 655028645.1355.30100.
Requisition #137175 has been entered in the Purchasing software system for the hydraulic excavator.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Comparison and Quote
Exhibit 3: Staff Memo
Exhibit 4: Ordinance
Respectfully submitted:
Karen Smith, 349-8436
Purchasing Manager
For information concerning this acquisition, contact: Terry Kader at 940-349-8729
File 6684- Evaluation Sheet for Hydraulic Excavator
RDO EquipmentAsco Equipment Co.Holt CAT
Vendor
Principal Place of BusinessMcKinney, TXEuless, TXFort Worth, TX
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ƓźƷ /ƚƭƷƚƷğƌ
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11eaExcavator w/attachments$ 215,236.57$ 215,236.57$ 200,305.60$ 200,305.60 $ 241,904.11 $ 241,904.11
2ManufacturerJohn Deere - 245GCase - CX245DCaterpillar - 325FCR
31eaWarranty - 5 Year/5,000 hoursincluded$ 8,590.00 $ 8,590.00 no quote*
ƚƷğƌυ ЋЊЎͲЋЌЏ͵ЎАυ ЋЉБͲБВЎ͵ЏЉ υ ЋЍЊͲВЉЍ͵ЊЊ
* includes the standard 3 year/3,000 hour warranty
Investment Proposal (Quote)
RDO Equipment Co.
2902 N Central Expy
McKinney TX, 75071
Phone: (214) 856-4899 - Fax:
Proposal for:Investment Proposal Date:1/3/2018
CITY OF DENTON - FLEET SERVICESPricing Valid Until:2/3/2018
ACCOUNTS PAYABLEDeal Number:1015730
804 TEXAS STCustomer Account#:8410003
DENTON, TX, 762014299Sales Professional:Justen Phillips
DENTONPhone:(972) 438-4699
Fax:(972) 438-6789
Email:JPhillips@rdoequipment.com
Comments
BuyBoard Contract 515-16
Equipment Information
QuantitySerialHoursStatus / Year / Make / ModelCash Price
Number(approx.)Additional Items
1TBD0New 2017 JOHN DEERE 245G$298,244.30
Customer Discount BuyBoard Contract 515-16($104,687.64)
Warranty -John Deere Comprehensive-60 Months, 5000$0.00
Hours,Deductible: 200
1TBD0Attachment - New 2017 JOHN DEERE EXCCTRL$832.53
1TBD0Attachment - New 2017 JRB 245CPLR$6,792.05
1TBD0Attachment - New 2017 JRB 200HD42$3,975.79
1TBD0Attachment - New 2017 JRB 200D60$2,791.19
1TBD0Attachment - New 2017 JRB Hydraulic Thumb$7,288.35
Equipment Subtotal:$215,236.57
Purchase Order Totals
Balance:$215,236.57
Tax Rate 3: (TXEG 0%)$0.00
Sales Tax Total:$0.00
Sub Total:$215,236.57
Cash with Order:$0.00
Balance Due:$215,236.57
D1015730Page 1 of2
Equipment Options
QtySerial NumberYear / Make / ModelDescription
1TBD2017 JOHN DEERE 245G05S1FF 245G FT4 EXCAVATOR
1710 JDLINK ULTIMATE
3350 SHOES,800 MM (32 IN)
4130 SEAT - AIR SUSPENSION/HEATED
6835 BOOM, ONE PIECE
7160 ARM ASSY,2.91 M (9FT7IN)
1TBD2017 JOHN DEERE EXCCTRLAT422581 MECH PATTERN CHANGER KIT
1TBD2017 JRB 245CPLR93C0001/KIT PowerLatch Coupler for 245GLC
1TBD2017 JRB 200HD4242" HD Bucket 42" Heavy Duty Bucket with TK Teeth for JD 245GLC
1TBD2017 JRB 200D6060100D 60” Ditch Cleaning Bucket for Deere 245, 1.28cy capacity,
1395 lbs
1TBD2017 JRB Hydraulic ThumbHydraulic Thumb Classic Custom Progressive Link Hydraulic Thumb
for 42" Bucket; for JD 245GLC w/ PowerLatch Coupler
D1015730Page 2 of2
Fleet Services
804 Texas Street, Denton, TX 76209 (940) 349-7400
MEMORANDUM
DATE: 01/03/2018
TO: Terry Kader
FROM: Clark Rosendahl, Manager, Water Utilities Field Service, Drainage Division
SUBJECT: Vehicle or Equipment Upgrade Justification
DR0868 (excavator) is scheduled for replacement in FY 17-18. Drainage desires to upgrade to
the John Deere 245G LC over the lower cost Case CX 245D MSR LC for the following reasons.
T- -
is 3720 lbs greater and the swing circuit is an independent hydraulic system creating an
additional 51 gpm. The John Deere is capable of reaching farther, digging with more force and
reacting faster when making the unit turn with a loaded bucket of material.
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-043,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,TexasapprovinganInterlocalAgreementbetweenthe
CityofDentonandtheCityofCarrollton,Texasforinternalauditingservices;providingforanhourlyratefor
services; authorizing the expenditure of funds therefor; and providing an effective date (File 6648).
City of DentonPage 1 of 1Printed on 1/5/2018
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City Hall
City of Denton
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Agreement between
the City of Denton and the City of Carrollton, Texas for internal auditing services; providing for an hourly
rate for services; authorizing the expenditure of funds therefor; and providing an effective date (File 6648).
FILE INFORMATION
Section 791.001 of the Texas Local Government Code, authorizes respective participating governments to
enter into agreements for the purchase of goods and services. The attached Agreement is an authorization
for the City of Denton to receive internal audit services from the City of Carrollton. The agreement sets
forth the following conditions:
The City of Carrollton will provide its internal auditor to Denton for one or two days per week at
an hourly rate of $90 per hour.
The services provided include performing audit services as directed by the City Council,
investigating hot line tips as needed, and preparing written findings of the work with the assistance
.
The initial term of the agreement is through March 31, 2018 and may be renewed for one additional
three month term.
The agreement may be terminated at any time by either party by giving 30 days advance written
notice.
The internal auditor from the City of Carrollton will oversee the Professional Services Agreement with
Crawford and Associates, P.C. that was approved by City Council on December 5, 2017 (Ordinance 2017-
383).
RECOMMENDATION
Approve an Interlocal Agreement for internal auditing services with the City of Carrollton, Texas.
PRINCIPAL PLACE OF BUSINESS
City of Carrollton
Carrollton, TX
ESTIMATED SCHEDULE
This agreement is scheduled for approval by the City of Carrollton City Council on January 9, 2018. The
agreement will become effective after execution by both parties.
FISCAL INFORMATION
This agreement will be funded from the Internal Audit divisional budget of
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance
Exhibit 3: Interlocal Agreement with Carrollton
Respectfully submitted:
Karen Smith, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Antonio Puente at 940-349-7283, Director of Finance
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-044,Version:1
AGENDA CAPTION
Consideradoptionofanordinanceacceptingcompetitivebidsandawardingacontractforthesupplyof
ElectricUtilityPVCConduit,FittingsandAccessoriesforDentonMunicipalElectrictobestockedintheCity
ofDentonDistributionCenter;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate
(IFB6558-awardedtothelowestresponsivebiddermeetingspecification,Techline,Inc.inthethree(3)year
not-to-exceed amount of $1,800,000).
City of DentonPage 1 of 1Printed on 1/5/2018
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City of Denton
City Hall
215 E. McKinney
Street
Denton, Texas
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a contract for the supply of
Electric Utility PVC Conduit, Fittings and Accessories for Denton Municipal Electric to be stocked in the
City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an
effective date (IFB 6558-awarded to the lowest responsive bidder meeting specification, Techline, Inc. in
the three (3) year not-to-exceed amount of $1,800,000).
FILE INFORMATION
This bid is for PVC Conduit, Fittings and Accessories that are used by Denton Municipal Electric for
installation of underground facilities. Conduit is used to facilitate installation of underground primary,
secondary, and communication cables. Conduit use enables cost effective cable installation, maintenance,
and easier replacement when that is needed due to cable damage or failure.
The Distribution Center orders goods in coordination with DME for specific projects under construction.
The items are temporarily stored in the Distribution Center until they are needed on the jobsite and then
transferred to DME through an inventory management system. The items are ordered as needed, taking
into account the contracted lead time and the need by date by the using department. The need by date is
established by ensuring that citizen, customer, and developer timelines all form the basis of when the
construction work must be complete by with an operational City of Denton service; furthermore, it factors
in City of Denton construction crew schedules and construction sequencing with job site contractors.
Invitation for Bids were sent to 302 prospective suppliers of this item. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the
local newspaper. Two (2) bids meeting specification were received (Exhibit 2). Techline, Inc. was ranked
the highest and determined to be the best value for the City.
RECOMMENDATION
Award to Techline, Inc. in the three (3) year not-to-exceed amount of $1,800,000.
PRINCIPAL PLACE OF BUSINESS
Techline, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) 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
The items in this bid will be funded out of the Distribution Center working capital account and charged
back to the using department. Purchase orders will be issued on an as needed basis.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 2.3 Promote superior utility services and City facilities
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Bid Tabluation
Exhibit 3: Ordinance
Exhibit 4: Contract
Respectfully submitted:
Karen Smith, 349-7100
Purchasing Manager
For information concerning this acquisition, contact: Karen Smith at 349-8436.
IFB 6558 Evaluation Tabulation Sheet for SUPPLY OF ELECTRIC PVC CONDUIT, FITTINGS AND ACCESSORIES
TECHLINE, INCAPFELBAUM INDUSTRIAL, INC
Fort Worth, TXEL PASO ,TX
EST. ANNUAL Estimated Delivery Estimated Delivery
ItemProduct DescriptionUnit PriceUnit Price
UOMCOD Item #Extended PriceExtended Price
QTYARO (Business Days)ARO (Business Days)
SECTION A- ADAPTERS
120EA
28595156ADAPTER, PVC MALE 2.5" SCH40 $ 0.73 $ 14.6015$ 5.91 $ 118.20 14-21 DAYS
210EA
28519073ADAPTER, PVC FEMALE 4" SCH40$ 1.55 $ 15.5015$ 12.81 $ 128.10 14-21 DAYS
310EA
28519072ADAPTER, PVC FEMALE 6" SCH40$ 5.13 $ 51.3015$ 42.08 $ 420.80 14-21 DAYS
480EA
28595150ADAPTER, PVC MALE 2" SCH 40 +$ 0.34 $ 27.2015$ 3.48 $ 278.40 14-21 DAYS
540EA
28595155ADAPTER, PVC MALE 4" SCH 40 +$ 1.81 $ 72.4015$ 14.86 $ 594.40 14-21 DAYS
28595161ADAPTER, PVC MALE 6" SCH40 +$ 4.29 $ 128.70 15$ 35.18 $ 1,055.40 14-21 DAYS
630EA
SECTION B- CONDUIT
7600JT
28519200CONDUIT, PVC SCH 40, 1"X10' +$ 2.95 $ 1,770.0015$ 10.08 $ 6,048.00 14-21 DAYS
83,000JT
28519240CONDUIT, PVC SCH 40, 2"X20' +$ 12.53$ 37,590.00 15$ 1.92 $ 5,760.00 14-21 DAYS
93,000JT
28519246CONDUIT,PVC SCH 40,2 1/2"X10'+$ 9.85 $ 29,550.00 15$ 12.26 $ 36,780.00 14-21 DAYS
103,000JT
28519260CONDUIT,PVC SCH40,2 1/2 X 20'+$ 19.70$ 59,100.00 15$ 19.70$ 59,100.00
113,400JT
28519280CONDUIT, PVC SCH 40, 4"X 20' +$ 33.20$ 112,880.0015$ 33.20$ 112,880.00
125,000JT
28519350CONDUIT, PVC SCH 40 6"X20' +$ 61.57$ 307,850.0015$ 5.27 $ 26,350.00 14-21 DAYS
1315JT
28519286CONDUIT, PVC SCH 80, 2"X10' +$ 9.55 $ 143.25 15$ 27.68 $ 415.20 14-21 DAYS
1440JT
28519288CONDUIT,PVC SCH80,2 1/2"X 10'+$ 14.20$ 568.00 15$ 14.20$ 568.00
28519287CONDUIT, PVC SCH 80, 4"X 10' +$ 26.25$ 131.25 15$ 26.25$ 131.25
155JT
SECTION C- COUPLINGS AND COLLARS
16500EA
28519000COUPLING,COLLAR PVC 1" SCH-40+$ 0.125$ 62.5015$ 1.00 $ 500.00 14-21 DAYS
17800EA
28519020COUPLING, COLLAR PVC 2" TC-6 +$ 2.75 $ 2,200.0015$ 21.72 $ 17,376.00 14-21 DAYS
181,400EA
28519040COUPLING,COLLAR PVC 2 1/2" +$ 0.525$ 735.00 15$ 4.25 $ 5,950.00 14-21 DAYS
19650EA
28519060COUPLING, COLLAR PVC 4" TC-6 +$ 3.42 $ 2,223.0015$ 32.70 $ 21,255.00 14-21 DAYS
20200EA
28519064COUPLING, COLLAR PVC 6" TC-6 +$ 8.26 $ 1,652.0015$ 8.26 $ 1,652.00
215EA
28519004COUPLING,SPLIT SLEEVE 2"X6"$ 3.75 $ 18.7515$ 43.97 $ 219.85 14-21 DAYS
225EA
28519003COUPLING,SPLIT SLEEVE 2.5"X7"$ 4.27 $ 21.3515$ 38.56 $ 192.80 14-21 DAYS
235EA
28519001COUPLING, SPLIT SLEEVE 4"X8"$ 5.78 $ 28.9015$ 53.14 $ 265.70 14-21 DAYS
245EA
28519002COUPLING, SPLIT SLEEVE 6"X10"$ 14.02$ 70.1015$ 14.02$ 70.10
2560EA
28519070COLLAR SLIP / COUPLING PVC 4"+$ 2.98 $ 178.80 15$ 57.38 $ 3,442.80 14-21 DAYS
28519076COLLAR SLIP / COUPLING PVC 6"+$ 5.25 $ 262.50 15$ 102.28 $ 5,114.00 14-21 DAYS
2650EA
SECTION D- ROLL DUCT
2723,000FT
28519302DUCT, 2" SDR-13.5, GRAY (2500'/R;)$ 0.66 $ 15,180.00 20$ 0.66$ 15,180.00
282,000FT
28519303DUCT 2 1/2" SDR-13.5, GRAY (1000'/RL)$ 1.12 $ 2,240.0020$ 1.12$ 2,240.00
296,000FT
28519304DUCT, 4" SDR-13.5, GRAY (625'/RL)$ 2.52 $ 15,120.00 20$ 2.52$ 15,120.00
28519306DUCT, 6", SDR-13.5, GRAY (500'/REEL)$ 5.33 $ 37,310.00 20$ 5.33$ 37,310.00
307,000FT
SECTION E- SPLIT DUCT
313JT
28519005DUCT, SPLIT 2"X10' , SCH.40$ 26.30$ 78.9015$ 24.03 $ 72.09 14-21 DAYS
323JT
28519308DUCT, SPLIT 2.5" X10' SCH 40$ 28.40$ 85.2015$ 20.18 $ 60.54 14-21 DAYS
335JT
28519307DUCT, SPLIT - 4"X 10' SCH 40$ 47.35$ 236.75 15$ 28.71 $ 143.55 14-21 DAYS
28519309DUCT, SPLIT 6" X10' SCH 40$ 84.20$ 252.60 15$ 66.15 $ 198.45 14-21 DAYS
343JT
SECTION F - ELBOWS
35600EA
28519066ELBOW, PVC 1" X 90 SCH 40 +$ 0.62 $ 372.00 15$ 6.51 $ 3,906.00 14-21 DAYS
28519067ELBOW, PVC 2" X 45 SCH 40 +$ 1.28 $ 256.00 15$ 74.52 $ 14,904.00 14-21 DAYS
36200EA
37150EA
28519068ELBOW, PVC 2" X 90 SCH 40 +$ 1.44 $ 216.00 15$ 15.96 $ 2,394.00 14-21 DAYS
38400EA
28519069ELBOW,PVC 2" X 90 X 36" SCH40+$ 5.11 $ 2,044.0015$ 5.11$ 2,044.00 14-21 DAYS
39300EA
28519100ELBOW, PVC 2 1/2" X 45 SCH 40+$ 2.89 $ 867.00 15$ 30.11 $ 9,033.00 14-21 DAYS
40700EA
28519110ELBOW, PVC 2 1/2" X 90 SCH 40+$ 3.10 $ 2,170.0015$ 28.53 $ 19,971.00 14-21 DAYS
412,100EA
28519120ELBOW, PVC 2 1/2" X 90 X 36" SCH40$ 7.15 $ 15,015.00 15$ 7.15$ 15,015.00 14-21 DAYS
42150EA
28519165ELBOW, PVC 4" X 22 1/2 SCH 40+$ 8.95 $ 1,342.5015$ 26.91 $ 4,036.50 14-21 DAYS
43350EA
28519170ELBOW, PVC 4" X 45 SCH 40 +$ 5.88 $ 2,058.0015$ 81.45 $ 28,507.50 14-21 DAYS
44100EA
28519180ELBOW, PVC 4" X 90 SCH 40 +$ 7.91 $ 791.00 15$ 65.37 $ 6,537.00 14-21 DAYS
45850EA
28519181ELBOW,PVC 4" X 90 X 36" SCH40+$ 11.05$ 9,392.5015$ 184.88 $ 157,148.00 14-21 DAYS
46150EA
28519184ELBOW, PVC 6" X 22 1/2 X 36" +$ 13.03$ 1,954.5015$ 13.03$ 1,954.50
47800EA
28519196ELBOW, PVC, 6" X 90 X 36 SCH 40+$ 27.89$ 22,312.00 15$ 132.04 $ 105,632.00 14-21 DAYS
28519186ELBOW,PVC 6" X 45 SCH 40 +$ 20.25$ 6,075.0015$ 20.25$ 6,075.00
48300EA
SECTION G- PLUGS
49 EA
528519289PLUG PVC CONDUIT 2 1 /2" $ 0.94 $ 4.7015$ 0.94$ 4.70
5030EA
28519290PLUG PVC CONDUIT 4" +$ 0.82 $ 24.6015$ 5.97 $ 179.10 14-21 DAYS
28519296PLUG PVC CONDUIT 6" +$ 1.37 $ 68.5015$ 1.37$ 68.50
5150EA
SECTION H-TRANSITION COUPLINGS
523EA
28595157PVC TRANSITION COUPLING 2" +$ 8.30 $ 24.9015$ 8.30$ 24.90
533EA
28595158PVC TRANSITION COUPLING 2.5" +$ 10.55$ 31.6515$ 10.55$ 31.65
5415EA
28595159PVC TRANSITION COUPLING 4" +$ 13.28$ 199.20 15$ 13.28$ 199.20
28595162PVC TRANSITION COUPLING 6" +$ 19.50$ 390.00 15$ 19.50$ 390.00
5520EA
SECTION I- SPACERS
561,000EA 28519340SPACER, CONDUIT BASE 4"X3" +$ 1.05 $ 1,050.0020$ 1.05$ 1,050.00
571,000EA 28519345SPACER, CONDUIT INTERM 4"X3" +$ 1.05 $ 1,050.0020$ 1.05$ 1,050.00
583,000EA 28519325SPACER, BASE CONDUIT 6" X 3"$ 1.95 $ 5,850.0020$ 1.95$ 5,850.00
28519320SPACER, CONDUIT INTERM 6" X 3"$ 1.95 $ 5,850.0020$ 1.95$ 5,850.00
593,000EA
SECTION J- RISERS
605EA 28519505RISER, SLIP METER 2" +$ 17.85$ 89.2520$ 17.85$ 89.25
61550EA 28519510RISER, SLIP METER 2.5" +$ 32.60$ 17,930.00 20$ 32.60$ 17,930.00
28519515RISER, SLIP METER 4" +$ 54.25$ 271.25 20$ 54.25$ 271.25
625EA
Total Cost of Products (Annual)
$ 725,548.10$ 787,136.68
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
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hƩķźƓğƓĭĻ
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND TECHLINE
(Contract 6558)
THIS CONTRACT is made and entered into this date _______________________, by
and between Techline, Inc a corporation, whose address is 5401 Martin St. Fort Worth, Texas
76119 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 IFB# 6558, 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 IFB 6558 (Exhibit “B” on file at the office of the Purchasing
Agent);
(c)City of Denton Standard Terms and Conditions (Exhibit “C”);
(d)Certificate of Interested Parties Electronic Filing (Exhibit “D”);
(e)Supplier’s Proposal. (Exhibit "E");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
INDEMNITY
THE SUPPLIER REPRESENTS AND WARRANTS TO THE CITY THAT THE
INTELLECTUAL PROPERTY SUPPLIED BY CONTRACTOR IN ACCORDANCE
WITH THE SPECIFICATIONS IN THE CONTRACT WILL NOT INFRINGE,
DIRECTLY OR CONTRIBUTORILY, ANY PATENT, TRADEMARK, COPYRIGHT,
TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY RIGHT OF ANY
KIND OF ANY THIRD PARTY, AND THAT NO CLAIMS HAVE BEEN MADE BY ANY
PERSON OR ENTITY WITH RESPECT TO THE OWNERSHIP OR OPERATION OF
THE INTELLECTUAL PROPERTY. MOREOVER, THE CONTRACTOR DOES NOT
KNOW OF ANY VALID BASIS FOR ANY SUCH CLAIMS. THE CONTRACTOR
SHALL, AT ITS SOLE EXPENSE, DEFEND, INDEMNIFY, AND HOLD THE CITY
HARMLESS FROM AND AGAINST ALL LIABILITY, DAMAGES, AND COSTS
(INCLUDING COURT COSTS AND REASONABLE FEES OF ATTORNEYS AND
OTHER PROFESSIONALS) ARISING OUT OF OR RESULTING FROM ANY CLAIM
Contract 6558
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
THAT THE CITY'S EXERCISE OF ITS LICENSE RIGHTS, AND ITS USE OF THE
INTELLECTUAL PROPERTY, THE SUBJECT OF THIS CONTRACT, INFRINGES
THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR THE
BREACH OF ANY OF REPRESENTATIONS OR WARRANTIES STATED IN THE
CONTRACT DOCUMENTS. IN THE EVENT OF ANY SUCH CLAIM, THE CITY
SHALL HAVE THE RIGHT TO MONITOR SUCH CLAIM OR AT ITS OPTION
ENGAGE ITS OWN SEPARATE COUNSEL TO ACT AS CO-COUNSEL ON THE
CITY'S BEHALF.
By executing this Agreement below in conformance with Sec. 2270 of the Texas Government
Code, the Supplier verifies that the Supplier: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this Agreement.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
SUPPLIER
BY: ______________________________
AUTHORIZED SIGNATURE
Name:______________________________
Title: _______________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
ATTEST: CITY OF DENTON, TEXAS
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________ BY: _____________________________
TODD HILEMAN
CITY MANAGER
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:_______________________________
Contract 6558
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
Exhibit A
Special Terms and Conditions
1.The Quantities
The quantities indicated on Exhibit E are estimates based upon the best available information. The
City reserves the right to increase or decrease the quantities to meet its actual needs without any
adjustments in the bid price. Individual purchase orders will be issued on an as needed basis.
2.Product Changes During Contract Term
The supplier shall not change specifications during the contract term without prior approval. Any
deviation in the specifications or change in the product must be approved in advance by the City
of Denton. Notice of a change shall be submitted in writing to purchasing@cityofdenton.com,
with the above file number in the subject line, for review. Products found to have changed
specifications without notification, and acceptance, will be returned at the supplier’s expense.
Products that have been installed will be replaced at the supplier’s expense.
3.Authorized Distributor
The supplier shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the manufacturer’s
representative as needed by the City.
4.Contract Terms
The contract term shall be for a one (1) year period. The City and the Supplier shall have the option
to renew this contract for an additional two (2) one-year periods. Materials and services undertaken
pursuant to this solicitation will be required to commence within fourteen (14) days of delivery of a
Notice to Proceed.
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 in accordance with the provision of the section titled
“price adjustments”, or the section(s) titled “termination” in Exhibit 2. 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.
5.Price Escalation and De-escalation
On Supplier’s request in the form stated herein, the City will implement an escalation/de-
escalation price adjustment quarterly based on these special terms. The escalation/de-
escalation will be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer
Price Index (PPI) for other electrical equipment manufacturing (PCU326122326122). The
price will be increased or decreased based upon the quarterly percentage change in the PPI.
The maximum escalation will not exceed 8% for any individual year. The escalation/de-
escalation will be determined quarterly. The Supplier must submit or make available the
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manufacturers pricing sheet used to calculate the bid proposal, to participate in the
escalation/de-escalation clause quarterly, upon the award date.
The Supplier’s request must be submitted in writing with supporting evidence for need of such
increase to the Purchasing Manager. The Supplier should provide documentation as a percentage
of each cost associated with the unit prices quoted for consideration. If no request is made, then it
will be assumed that the current contract price will be in effect.
Upon receipt of such request, the City of Denton, at its sole option, reserves the right to either:
accept the escalation/de-escalation as competitive with the general market price at the time, and
become effective upon the renewal date of the contract award or reject the increases within 30
calendar days after receipt of a properly submitted request. If a properly submitted increase is
rejected, the Contractor may request cancellation of such items from the Contract by giving the
City of Denton written notice. Cancellation will not go into effect for 15 calendar days after a
determination has been issued. Pre-price increase prices must be honored on orders dated up to
the official date of the City of Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation
number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
6.Total Contract Amount
The contract total shall not exceed $1,800,000. Pricing shall be per Exhibit E attached.
7.Delivery Lead Time
Product or services shall be delivered to the City per the days/weeks noted in Exhibit E after
receipt of the order.
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Exhibit C
City of Denton
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1.CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2.EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3.CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4.SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5.TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
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6.DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7.RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8.NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9.PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10.WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
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C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification
and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under the Contract and the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.
11.COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12.INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B.Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department’s Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight
waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance
address and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the
City may rely on the remittance address specified on the Contractor’s invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
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13.PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received
in Accounts Payable, whichever is later.
B.If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
maximum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City’s agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor’s obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City’s payment obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14.TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
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the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
negotiated.
15.FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work
under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in
compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the
terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations
under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled.
16.SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost
of any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17.RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater.
If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
18.SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute
any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in
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writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan
has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day
of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the
terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19.WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20.WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
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21.WARRANTY – DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship or
manufacture, and conform in all material respects to the specifications, drawings, and descriptions
in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations,
and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option
and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
shall not impair the City’s rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to
the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer’s warranty for the benefit of the City.
22.WARRANTY – SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City’s rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
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standard as required by the City, then in addition to any other available remedy, the City may
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23.ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24.RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25.STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26.DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27.TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy
provided by law.
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28.TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms hereof.
29.FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
Contract for cause by the City and may result in legal action.
30.DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31.INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor’s
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B.THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
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EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32.INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm shall procure
and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton.
The insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage’s and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor’s and all subcontractors’ insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers’ compensation coverage written by the Texas Workers’ Compensation
Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The “other” insurance clause shall not apply to the City where the City is an additional
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insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions when deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition
of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage’s indicated within the Contract.
xiv. The insurance coverage’s specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33.CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34.NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
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to the attention of the Purchasing Manager.
35.RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36.NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere
in the world of the rights associated with the City’s’ ownership, and if applicable, license rights,
and its use of the deliverables infringes the intellectual property rights of any third party; or (ii)
the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract.
In the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor
agrees that the City’s specifications regarding the deliverables shall in no way diminish
Contractor’s warranties or obligations under this paragraph and the City makes no warranty that
the production, development, or delivery of such deliverables will not impact such warranties of
Contractor.
37.CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City’s and/or its licensors’ confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, “Confidential Information”). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information
in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior written consent of the City or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Contractor uses within its own business to protect
its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38.OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
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interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the City and to
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any
such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables.
Should by operation of law, such deliverables not be considered works made-for-hire, the
Contractor hereby assigns to the City (and agrees to cause each of its employees providing services
to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all
worldwide right, title, and interest in and to such deliverables. With respect to such work made-
for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its
employees providing services to the City hereunder to execute, acknowledge, and deliver a work-
made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon
delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the terms of Paragraph 37 above.
39.PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40.ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41.NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
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to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
42.GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without
liability if it is determined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any officer or employee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or amending or the making of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities.
43.PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of
Interest Questionnaire.
44.INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45.ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
46.WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
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or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47.MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48.INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49.DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50.JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
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Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51.INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52.HOLIDAYS:The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53.SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54.NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55.EQUAL OPPORTUNITY
A.Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
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discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B.Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph –
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation
with their Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
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respondent.
59.PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-
site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
Contract 6558
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access
to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of
Texas, and any federal governmental entity that has authority to review records due to federal
funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1.Final negotiated contract
2.RFP/Bid documents
3.City’s standard terms and conditions
4.Purchase order
5.Supplier terms and conditions
Contract 6558
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
Exhibit D
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish an original notarized Certificate of Interest Parties
before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1.Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2.Register utilizing the tutorial provided by the State
3.Print a copy of the completed Form 1295
4.Enter the Certificate Number on page 2 of this contract.
5.Sign and notarize the Form 1295
6.Email the notarized form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
Contract 6558
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
Contract 6558
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
EXHIBIT E
6558 Pricing Sheet for SUPPLY OF ELECTRIC PVC CONDUIT, FITTINGS AND ACCESSORIES
TECHLINE, INC
Fort Worth, TX
EST. ANNUAL COD Item Estimated Delivery
Product DescriptionUnit Price
UOMDescription 2
Bid Item
QTY#ARO (Business Days)
SECTION A- ADAPTERS
28595156ADAPTER, PVC MALE 2.5" SCH40 CANTEX # 5140109 / HRTG 610036$ 0.7315
120EA
28519073ADAPTER, PVC FEMALE 4" SCH40CANTEX # 5140052 / HRTG 610024$ 1.5515
210EA
28519072ADAPTER, PVC FEMALE 6" SCH40CANTEX # 5140054 / HRTG 610026$ 5.1315
310EA
28595150ADAPTER, PVC MALE 2" SCH 40 +CANTEX # 5140108 /HRTG 610035$ 0.3415
480EA
28595155ADAPTER, PVC MALE 4" SCH 40 +CANTEX # 5140112 / HRTG 610035$ 1.8115
540EA
28595161ADAPTER, PVC MALE 6" SCH40 +CANTEX # 5140114 / HRTG 610039$ 4.2915
630EA
SECTION B- CONDUIT
28519200CONDUIT, PVC SCH 40, 1"X10' +CANTEX # A52BA12 / HRTG 51101$ 2.9515
7600JT
28519240CONDUIT, PVC SCH 40, 2"X20' +CANTEX # A52CA42 / HRTG 51202$ 12.5315
83,000JT
28519246CONDUIT,PVC SCH 40,2 1/2"X10'+CANTEX # A52CE12 / HRTG 51251$ 9.8515
93,000JT
28519260CONDUIT,PVC SCH40,2 1/2 X 20'+CANTEX # A52CAE42 /HRTG 51252$ 19.7015
103,000JT
28519280CONDUIT, PVC SCH 40, 4"X 20' +CANTEX # A53EA42 / HRTG 51402$ 33.2015
113,400JT
28519350CONDUIT, PVC SCH 40 6"X20' +CANTEX # A52GA42 / HRTG 58602$ 61.5715
125,000JT
28519286CONDUIT, PVC SCH 80, 2"X10' +CANTEX # A53CA12 / HRTG 58201$ 9.5515
1315JT
28519288CONDUIT,PVC SCH80,2 1/2"X 10'+CANTEX # A53CE12 / HRTG 58251$ 14.2015
1440JT
28519287CONDUIT, PVC SCH 80, 4"X 10' +CANTEX # A53EA12 / HRTG 58401$ 26.2515
155JT
SECTION C- COUPLINGS AND COLLARS
28519000COUPLING,COLLAR PVC 1" SCH-40+CANTEX # 6141625/ HRTG 610002$ 0.12515
16500EA
28519020COUPLING, COLLAR PVC 2" TC-6 +CANTEX# 6121628 / HRTG# 650003$ 2.7515
17800EA
28519040COUPLING,COLLAR PVC 2 1/2" +CNTX 6141629/HRTG 610006 SCH40$ 0.52515
181,400EA
28519060COUPLING, COLLAR PVC 4" TC-6 +CANTEX# 6121632 /HRTG 650005$ 3.4215
19650EA
28519064COUPLING, COLLAR PVC 6" TC-6 +CANTEX# 6121634 / HRTG 650007$ 8.2615
20200EA
28519004COUPLING,SPLIT SLEEVE 2"X6"CARLON E200KS7 /HRTG E200JS6, SCH. 40$ 3.7515
215EA
28519003COUPLING,SPLIT SLEEVE 2.5"X7"CARLON E200KS7 /HRTG E200KS7, SCH. 40$ 4.2715
225EA
28519001COUPLING, SPLIT SLEEVE 4"X8"CARLON#E200NS8/ HRTG E200NS8, SCH. 40$ 5.7815
235EA
28519002COUPLING, SPLIT SLEEVE 6"X10"CARLON#E200RS1/HRTG E200RS1, SCH. 40$ 14.0215
245EA
28519070COLLAR SLIP / COUPLING PVC 4"+CANTEX # 6121626 /HRTG 650013$ 2.9815
2560EA
28519076COLLAR SLIP / COUPLING PVC 6"+CANTEX # 6121635 / HRTG 650015$ 5.2515
2650EA
SECTION D- ROLL DUCT
28519302DUCT, 2" SDR-13.5, GRAY (2500'/R;)PETROFLEX NA# P200 $ 0.6620
2723,000FT
28519303DUCT 2 1/2" SDR-13.5, GRAY (1000'/RL)PETROFLEX NA# P250$ 1.1220
282,000FT
28519304DUCT, 4" SDR-13.5, GRAY (625'/RL)PETROFLEX NA# P400$ 2.5220
296,000FT
28519306DUCT, 6", SDR-13.5, GRAY (500'/REEL)PETROFLEX NA# P600 $ 5.3320
307,000FT
SECTION E- SPLIT DUCT
28519005DUCT, SPLIT 2"X10' , SCH.40CARLON, 49011SD-010 (10'/JT)$ 26.3015
313JT
28519308DUCT, SPLIT 2.5" X10' SCH 40CARLON 49012SD-010 (10'/JT)$ 28.4015
323JT
28519307DUCT, SPLIT - 4"X 10' SCH 40CARLON 49015SD - 010 (10'/JT)$ 47.3515
335JT
28519309DUCT, SPLIT 6" X10' SCH 40CARLON 49017SD-010 (10'/JT)$ 84.2015
343JT
SECTION F - ELBOWS
28519066ELBOW, PVC 1" X 90 SCH 40 +HRTG 611058 W/ BELL END$ 0.6215
35600EA
28519067ELBOW, PVC 2" X 45 SCH 40 +HRTG 611074 W/BELLED END$ 1.2815
36200EA
28519068ELBOW, PVC 2" X 90 SCH 40 +HERITAGE 611061 W/ BELLED END$ 1.4415
37150EA
28519069ELBOW,PVC 2" X 90 X 36" SCH40+HERITAGE 611140 W/BELLED END$ 5.1115
38400EA
28519100ELBOW, PVC 2 1/2" X 45 SCH 40+HERITAGE 611075 W/ BELLED END$ 2.8915
39300EA
28519110ELBOW, PVC 2 1/2" X 90 SCH 40+HERITAGE 611062 W/ BELLED END$ 3.1015
40700EA
28519120ELBOW, PVC 2 1/2" X 90 X 36" SCH40HRTG 611141 W/BELLED END SCH40$ 7.1515
412,100EA
28519165ELBOW, PVC 4" X 22 1/2 SCH 40+HERITAGE 611105 W/ BELLED END$ 8.9515
42150EA
28519170ELBOW, PVC 4" X 45 SCH 40 +HERITAGE 611078 W/ BELLED END$ 5.8815
43350EA
28519180ELBOW, PVC 4" X 90 SCH 40 +HERITAGE 611065 W/ BELLED END$ 7.9115
44100EA
28519181ELBOW,PVC 4" X 90 X 36" SCH40+HERITAGE 611144 W/ BELLED END$ 11.0515
45850EA
28519184ELBOW, PVC 6" X 22 1/2 X 36" +HRTG 611299 W/BELLED END SCH40$ 13.0315
46150EA
28519196ELBOW, PVC, 6" X 90 X 36 SCH 40+HRTG 611146 or 611146 W/BELLED$ 27.8915
47800EA
28519186ELBOW,PVC 6" X 45 SCH 40 +HRTG 611080 W/BELLED END$ 20.2515
48300EA
SECTION G- PLUGS
49528519289PLUG PVC CONDUIT 2 1 /2" CANTEX # 5315259 / HRTG 925132$ 0.9415
EA
28519290PLUG PVC CONDUIT 4" +CANTEX # 5315252 / HRTG 102726$ 0.8215
5030EA
28519296PLUG PVC CONDUIT 6" +CANTEX # 5315254 / HRTG 690074$ 1.3715
5150EA
SECTION H-TRANSITION COUPLINGS
28595157PVC TRANSITION COUPLING 2" +PETROFLEX EL200 E-LOCK ONLY$ 8.3015
523EA
28595158PVC TRANSITION COUPLING 2.5" +PETROFLEX EL-287 E-LOCK ONLY$ 10.5515
533EA
28595159PVC TRANSITION COUPLING 4" +PETROFLEX EL-400 E-LOCK ONLY$ 13.2815
5415EA
28595162PVC TRANSITION COUPLING 6" +PETROFLEX EL-600 E-LOCK ONLY$ 19.5015
5520EA
SECTION I- SPACERS
28519340SPACER, CONDUIT BASE 4"X3" +CARLON S288NLN (60/CA)$ 1.0520
561,000EA
28519345SPACER, CONDUIT INTERM 4"X3" +CARLON S289NLN (50/BX)$ 1.0520
571,000EA
28519325SPACER, BASE CONDUIT 6" X 3"CARLON S288RLN ONLY$ 1.9520
583,000EA
28519320SPACER, CONDUIT INTERM 6" X 3"CARLON # S289RLN ONLY (30/CA)$ 1.9520
593,000EA
SECTION J- RISERS
28519505RISER, SLIP METER 2" +CARLON E954JXX, CANTEX 5144028$ 17.8520
605EA
28519510RISER, SLIP METER 2.5" +CARLON E954KXX (10/BX)$ 32.6020
61550EA
28519515RISER, SLIP METER 4" +CARLON E954NXX (5/BX)$ 54.2520
625EA
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
Exhibit
House Bill 89 - Government Code 2270
VERIFICATION
I, _______________________________________________, the undersigned
representative of ______________________________Company or Business name
(hereafter referred to as company), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pursuant to Section 2270.001, Texas Government Code:
1.
with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or
with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business
purposes; and
2. -profit sole proprietorship, organization,
association, corporation, partnership, joint venture, limited partnership,
limited liability partnership, or any limited liability company, including a
wholly owned subsidiary, majority-owned subsidiary, parent company or
affiliate of those entities or business associations that exist to make a profit.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
DocuSign Envelope ID: 66724D0A-4F1E-4836-BBEA-60DFEAD1B598
Exhibit
Senate Bill 252 -Government Code 2252
CERTIFICATION
I, ______________________________________________, the undersigned
representative of ________________________________________________
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Management Department.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
Certificate Of Completion
Envelope Id: 66724D0A4F1E4836BBEA60DFEAD1B598Status: Sent
Subject: Please DocuSign: 6558 - Contract for Electric PVC - Techline
Source Envelope:
Document Pages: 36Signatures: 4Envelope Originator:
Certificate Pages: 6Initials: 0Rebecca Hunter
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-08:00) Pacific Time (US & Canada)rebecca.hunter@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: OriginalHolder: Rebecca HunterLocation: DocuSign
1/4/2018 12:12:00 PM rebecca.hunter@cityofdenton.com
Signer EventsSignatureTimestamp
Rebecca HunterSent: 1/4/2018 12:36:01 PM
Completed
rebecca.hunter@cityofdenton.comViewed: 1/4/2018 12:36:07 PM
Assistant Purchasing ManagerSigned: 1/4/2018 12:38:24 PM
Using IP Address: 129.120.6.150
City of Denton
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Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nathan ChanSent: 1/4/2018 12:38:27 PM
nchan@techline-inc.comViewed: 1/4/2018 12:38:57 PM
Inside SalesSigned: 1/4/2018 12:40:48 PM
Techline, Inc.
Using IP Address: 107.77.200.195
Security Level: Email, Account Authentication
Signed using mobile
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Electronic Record and Signature Disclosure:
Accepted: 1/4/2018 12:38:57 PM
ID: 29aa1528-a9d9-4aa6-8896-75d64461ecfe
Jennifer DeCurtisSent: 1/4/2018 12:40:52 PM
jennifer.decurtis@cityofdenton.comViewed: 1/4/2018 12:41:29 PM
Deputy City AttorneySigned: 1/4/2018 12:41:31 PM
City of Denton
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Julia WinkleySent: 1/4/2018 12:41:33 PM
julia.winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
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Todd Hileman
todd.hileman@cityofdenton.com
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ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer Walters
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In Person Signer EventsSignatureTimestamp
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Michael StoneSent: 1/4/2018 12:38:27 PM
michael.stone@techline-inc.com
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Julia WinkleySent: 1/4/2018 12:40:50 PM
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Contracts Administration Supervisor
City of Denton
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Sherri ThurmanSent: 1/4/2018 12:40:51 PM
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Jane Richardson
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Robin Fox
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Jennifer Bridges
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Jane Richardson
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Laura Hermosillo
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Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted1/4/2018 12:41:33 PM
Payment EventsStatusTimestamps
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I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-050,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texasprovidingfor,authorizing,andapprovingthree
(3)yearsoftwaremaintenanceforcontinuedvendorsupportfortheKronosIncorporatedAutomated
TimekeepingandAttendanceSoftwaresystemfortheCityofDenton,whichisessentialtoensureavailability
ofupgrades,softwarefixes,andaccesstoknowledgeandsupportresources.KronosIncorporatedisthesole-
sourcevendorforcontinuedupgrade,supportandmaintenanceforKronossoftwareandhardware.Therefore
thissystemisavailablefromonlyonesourceandinaccordancewithTexasLocalGovernmentCode252.022,
providesthatprocurementofcommoditiesandservicesthatareavailablefromonesourceareexemptfrom
competitivebidding;andifover$50,000shallbeawardedbythegoverningbody;andprovidinganeffective
date (File 5565-awarded to Kronos Incorporated in the three (3) year not-to-exceed amount of $400,000).
City of DentonPage 1 of 1Printed on 1/5/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving
three (3) year software maintenance for continued vendor support for the Kronos Incorporated Automated
Timekeeping and Attendance Software system for the City of Denton, which is essential to ensure
availability of upgrades, software fixes, and access to knowledge and support resources. Kronos
Incorporated is the sole-source vendor for continued upgrade, support and maintenance for Kronos software
and hardware. Therefore this system is available from only one source and in accordance with Texas Local
Government Code 252.022, provides that procurement of commodities and services that are available from
one source are exempt from competitive bidding; and if over $50,000 shall be awarded by the governing
body; and providing an effective date (File 5565- awarded to Kronos Incorporated in the three (3) year not-
to-exceed amount of $400,000).
BACKGROUND
The City of Denton uses the Kronos Automated Timekeeping and Attendance Software system to keep
track of city staff
to timekeeping, automation of leave requests, automation of leave accruals, automation of Family and
Medical Leave Act (FMLA) leave, employee access to individual time and leave at work, or remotely, audit
trail of time approvals by employee and supervisor, and ensuring overtime approval by supervisors.
It is essential for the City of Denton to keep current maintenance with the software vendor in order to ensure
availability of upgrades, software fixes, and access to knowledge and support resources. The Technology
Services department could not identify any local vendors that could provide software maintenance for this
application. Therefore, procuring this maintenance from the above vendor is the best value for the City of
Denton (Exhibit 2-Quote).
The City issued a request for proposal (RFP) in 2014 to identify software solutions for time keeping. Staff
did extensive evaluations and presentations and recommended Kronos Incorporated to the City Council.
The City Council awarded a contract to Kronos on October 4, 2014 for $850,000. The original RFP
included the purchase, implementation and maintenance of the software for three years.
Kronos Incorporated is the sole-source vendor for continued upgrade, support, and maintenance for this
Automated Timekeeping and Attendance Software system (Exhibit 3). Section 252.022 of the Local
Government Code provides that procurement of sole source commodities and services are exempt from
competitive bidding, if over $50,000, shall be awarded by the governing body.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On October 28, 2014, the Audit/Finance Committee recommended the approval (3-0) of a contract
with Kronos Incorporated for the implementation of an automated timekeeping system. On November 4,
2014, RFP 5565 was awarded to Kronos Incorporated in the three (3) year not-to-exceed amount of
$850,000).
RECOMMENDATION
Staff recommends awarding to Kronos Incorporated for Automated Timekeeping and Attendance software,
maintenance and purchase of licenses in a three (3) year amount not-to-exceed amount of $400,000. This
dollar amount includes a contingency for additional licenses or training that may be needed during the three
(3) year period.
PRINCIPAL PLACE OF BUSINESS
Kronos Incorporated
Chelmsford, MA
ESTIMATED SCHEDULE OF PROJECT
February 17, 2018 through February 18, 2021.
FISCAL INFORMATION
Funding is available in the Technology Services operating account 830400.7804 for Fiscal Year
2017-18.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 1.5 Utilize technology to enhance efficiency and productivity
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Renewal Quote
Exhibit 3: Sole Source Letter
Exhibit 4: Ordinance
Respectfully submitted:
Karen Smith, 349-8436
Purchasing Manager
For information concerning this acquisition, contact: Melissa Kraft, 349-7823.
Support Services Quote
Page 1 of 5
Subscription
Quote Type:
CITY OF DENTON
Customer:
6121498
Solution ID:
Net 30 Days1194280 S16-OCT-17
Payment Terms:Contract #:
USD29-NOV-2017
Currency:Date:
Customer PO Number:Prepared by:Donna Peterson / US Subscription
CITY OF DENTONCITY OF DENTON
Bill To:Ship To:
215 E. MCKINNEY ST215 E. MCKINNEY ST
DENTON TX 76201DENTON TX 76201
UNITED STATESUNITED STATES
Contact:STEPHANIEPADGETT
accountspayable@cityofdenton.com
Email:
CONTRACT SUMMARY
Contract Period: 14-FEB-2018 - 30-SEP-2018
DescriptionSupport ServicesEstimated TaxSubtotal
Software Support Services 110,440.740.00110,440.74
Educational Services 0.000.000.00
Total110,440.740.00110,440.74
Annualized Contract Value: 178,650.70
The Annualized Contract Value is the value of the contract if all services are priced for 365 days. The Annualized Contract Value does not include
estimated tax. Please note that this quote may include services priced for prorated periods.
IMPORTANT NOTES
Support Services are subject to applicable taxes. The tax amount shown on this quote is only an estimate. The actual tax due will be reflected on the invoice.
KRONOS INCORPORATED
CITY OF DENTON
Signature:_______________________________________________Signature:_______________________________________________
Name:___________________________________________________Name:__________________________________________________
Title:_____________________________________________________Title:____________________________________________________
Date:____________________________________________________Date:____________________________________________________
Support Services Quote
Page 2 of 5
Subscription
Quote Type:
CITY OF DENTON
Customer:
6121498
Solution ID:
Net 30 Days1194280 S16-OCT-17
Payment Terms:Contract #:
USD
Currency:Date:
Customer PO Number:Prepared by:Donna Peterson / US Subscription
CITY OF DENTONCITY OF DENTON
Bill To:Ship To:
215 E. MCKINNEY ST215 E. MCKINNEY ST
DENTON TX 76201DENTON TX 76201
UNITED STATESUNITED STATES
CHARLES SPRINGER
Contact:
CHARLES.SPRINGER@CITYOFDENTON.COM
Email:
SOFTWARE SUPPORT SERVICES
Support Service License
LineCovered ProductStart DateEnd DateDuration (days)
LevelCount
Subscription
1Software Service WORKFORCE ABSENCE MANAGER V82,05017-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
2Software Service WORKFORCE ACTIVITIES V840017-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
3Software Service WORKFORCE EMPLOYEE V82,05017-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
WORKFORCE INTEGRATION MANAGER V7 TO
4Software Service 17-FEB-201828-FEB-201812
TELESTAFF
PEPM Monthly Fee
Subscription
5Software Service WORKFORCE INTEGRATION MANAGER V82,05017-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
WORKFORCE INTEGRATION MANAGER V8 TO
6Software Service 17-FEB-201828-FEB-201812
TELESTAFF
PEPM Monthly Fee
Subscription
7Software Service WORKFORCE MANAGER V834017-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
8Software Service WORKFORCE MOBILE EMPLOYEE V82,05017-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
9Software Service WORKFORCE MOBILE MANAGER V834017-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
10Software Service WORKFORCE TABLET V87217-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
11Software Service WORKFORCE TELESTAFF BIDDING V623517-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
WORKFORCE TELESTAFF CONTACT
12Software Service 47517-FEB-201828-FEB-201812
MANAGER V6
PEPM Monthly Fee
Subscription
13Software Service WORKFORCE TELESTAFF ENTERPRISE V647517-FEB-201828-FEB-201812
PEPM Monthly Fee
Support Services Quote
Page 3 of 5
Support Service License
LineCovered ProductStart DateEnd DateDuration (days)
LevelCount
Subscription
WORKFORCE TELESTAFF GATEWAY
14Software Service 17-FEB-201828-FEB-201812
MANAGER V6
PEPM Monthly Fee
Subscription
WORKFORCE TELESTAFF GATEWAY MGR V6
15Software Service 17-FEB-201828-FEB-201812
I/F TO WFC
PEPM Monthly Fee
Subscription
WORKFORCE TELESTAFF GLOBAL ACCESS
16Software Service 47517-FEB-201828-FEB-201812
V6
PEPM Monthly Fee
Subscription
WORKFORCE TELESTAFF INSTITUTION
17Software Service 47517-FEB-201828-FEB-201812
FOCUS V6
PEPM Monthly Fee
Subscription
18Software Service WORKFORCE TIMEKEEPER V82,05017-FEB-201828-FEB-201812
PEPM Monthly Fee
Subscription
19Software Service WORKFORCE ABSENCE MANAGER V81,80001-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
20Software Service WORKFORCE ABSENCE MANAGER V825001-MAR-201831-MAY-201892
PEPM Monthly Fee
Subscription
21Software Service WORKFORCE ACTIVITIES V840001-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
22Software Service WORKFORCE EMPLOYEE V81,80001-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
WORKFORCE INTEGRATION MANAGER V7 TO
23Software Service 01-MAR-201830-SEP-2018214
TELESTAFF
PEPM Monthly Fee
Subscription
24Software Service WORKFORCE INTEGRATION MANAGER V81,80001-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
25Software Service WORKFORCE INTEGRATION MANAGER V825001-MAR-201831-MAY-201892
PEPM Monthly Fee
Subscription
WORKFORCE INTEGRATION MANAGER V8 TO
26Software Service 01-MAR-201830-SEP-2018214
TELESTAFF
PEPM Monthly Fee
Subscription
27Software Service WORKFORCE MANAGER V831501-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
28Software Service WORKFORCE MANAGER V82501-MAR-201831-MAY-201892
PEPM Monthly Fee
Subscription
29Software Service WORKFORCE MOBILE EMPLOYEE V81,80001-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
30Software Service WORKFORCE MOBILE EMPLOYEE V825001-MAR-201831-MAY-201892
PEPM Monthly Fee
Subscription
31Software Service WORKFORCE MOBILE MANAGER V831501-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
32Software Service WORKFORCE MOBILE MANAGER V82501-MAR-201831-MAY-201892
PEPM Monthly Fee
Subscription
33Software Service WORKFORCE TABLET V84701-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
34Software Service WORKFORCE TABLET V82501-MAR-201831-MAY-201892
PEPM Monthly Fee
Support Services Quote
Page 4 of 5
Support Service License
LineCovered ProductStart DateEnd DateDuration (days)
LevelCount
Subscription
35Software Service WORKFORCE TELESTAFF BIDDING V623501-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
WORKFORCE TELESTAFF CONTACT
36Software Service 47501-MAR-201830-SEP-2018214
MANAGER V6
PEPM Monthly Fee
Subscription
37Software Service WORKFORCE TELESTAFF ENTERPRISE V647501-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
WORKFORCE TELESTAFF GATEWAY
38Software Service 01-MAR-201830-SEP-2018214
MANAGER V6
PEPM Monthly Fee
Subscription
WORKFORCE TELESTAFF GATEWAY MGR V6
39Software Service 01-MAR-201830-SEP-2018214
I/F TO WFC
PEPM Monthly Fee
Subscription
WORKFORCE TELESTAFF GLOBAL ACCESS
40Software Service 47501-MAR-201830-SEP-2018214
V6
PEPM Monthly Fee
Subscription
WORKFORCE TELESTAFF INSTITUTION
41Software Service 47501-MAR-201830-SEP-2018214
FOCUS V6
PEPM Monthly Fee
Subscription
42Software Service WORKFORCE TIMEKEEPER V81,80001-MAR-201830-SEP-2018214
PEPM Monthly Fee
Subscription
43Software Service WORKFORCE TIMEKEEPER V825001-MAR-201831-MAY-201892
PEPM Monthly Fee
Subscription
44Software Service WORKFORCE ABSENCE MANAGER V825001-JUN-201830-SEP-2018122
PEPM Monthly Fee
Subscription
45Software Service WORKFORCE EMPLOYEE V825001-JUN-201830-SEP-2018122
PEPM Monthly Fee
Subscription
46Software Service WORKFORCE INTEGRATION MANAGER V825001-JUN-201830-SEP-2018122
PEPM Monthly Fee
Subscription
47Software Service WORKFORCE MANAGER V82501-JUN-201830-SEP-2018122
PEPM Monthly Fee
Subscription
48Software Service WORKFORCE MOBILE EMPLOYEE V825001-JUN-201830-SEP-2018122
PEPM Monthly Fee
Subscription
49Software Service WORKFORCE MOBILE MANAGER V82501-JUN-201830-SEP-2018122
PEPM Monthly Fee
Subscription
50Software Service WORKFORCE TABLET V82501-JUN-201830-SEP-2018122
PEPM Monthly Fee
Subscription
51Software Service WORKFORCE TIMEKEEPER V825001-JUN-201830-SEP-2018122
PEPM Monthly Fee
Support
ServicesEstimated Tax Subtotal
Software Support Services110,440.740.00110,440.74
EDUCATIONAL SERVICES
Support Service License
LineCovered ProductStart DateEnd DateDuration (days)
LevelCount
ED Services
1KNOWLEDGE PASS SAAS WFC SMB17-FEB-201830-SEP-2018226
Subscription
Support Services Quote
Page 5 of 5
Support
ServicesEstimated Tax Subtotal
0.000.000.00
Educational Services
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THREE (3) YEAR SOFTWARE
MAINTENANCE FOR CONTINUED VENDOR SUPPORT FOR THE KRONOS
INCORPORATED AUTOMATED TIMEKEEPING AND ATTENDANCE
SOFTWARE SYSTEM FOR THE CITY OF DENTON, WHICH IS ESSENTIAL TO
ENSURE AVAILABILITY OF UPGRADES, SOFTWARE FIXES, AND ACCESS TO
KNOWLEDGE AND SUPPORT RESOURCES. KRONOS INCORPORATED IS THE
SOLE-SOURCE VENDOR FOR CONTINUED UPGRADE, SUPPORT AND
MAINTENANCE FOR KRONOS SOFTWARE AND HARDWARE. THEREFORE
THIS SYSTEM IS AVAILABLE FROM ONLY ONE SOURCE AND IN
ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.022, PROVIDES
THAT PROCUREMENT OF COMMODITIES AND SERVICES THAT ARE
AVAILABLE FROM ONE SOURCE ARE EXEMPT FROM COMPETITIVE
BIDDING; AND IF OVER $50,000 SHALL BE AWARDED BY THE GOVERNING
BODY; AND PROVIDING AN EFFECTIVE DATE (FILE 5565-AWARDED TO
KRONOS INCORPORATED IN THE THREE (3) YEAR NOT-TO-EXCEED
AMOUNT OF $400,000).
WHEREAS, Section 252.022 of the Local Government Code provides that
rocurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; and need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
5565 Kronos Incorporated $400,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including,
items that are only available from one source because of patents, copyrights, secret
processes or natural monopolies; films, manuscripts or books; electricity, gas, water and
other utility purchases; captive replacement parts or components for equipment; and
5565
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-065,Version:1
AGENDA CAPTION
Consideradoptionofanordinanceacceptingcompetitiveproposalsandawardingacontractforthesupplyof
ElectricUtilityStationServiceVoltageTransformersforDentonMunicipalElectrictobestockedintheCityof
DentonDistributionCenter;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate
(RFP 6490-awarded to ABB, Inc. in the three (3) year not-to-exceed amount of $500,000).
City of DentonPage 1 of 1Printed on 1/5/2018
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City of Denton
City Hall
215 E. McKinney
Street
Denton, Texas
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply
of Electric Utility Station Service Voltage Transformers for Denton Municipal Electric to be stocked in the
City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an
effective date (RFP 6490-awarded to ABB, Inc. in the three (3) year not-to-exceed amount of $500,000).
FILE INFORMATION
Denton Municipal Electric (DME) has substation projects approved in its five (5) year Capital Improvement
Plan that will require the installation of station service voltage transformers. Station service voltage
transformers (SSVT) are used to transform the transmission voltage from 138kV down to 120/240 volts
which will be used to provide power for site electrical needs. Substation sites require 120/240 volt power
to operate building lights, exterior lights, receptacles, battery charges, and other electrical hardware and
equipment.
The Distribution Center orders goods in coordination with DME for specific projects under construction.
The items are temporarily stored in the Distribution Center until they are needed on the jobsite and then
transferred to DME through an inventory management system. The items are ordered as needed, taking
into account the contracted lead time and the need by date by the using department. The need by date is
established by ensuring that citizen, customer, and developer timelines all form the basis of when the
construction work must be complete by with an operational City of Denton service; furthermore, it factors
in City of Denton construction crew schedules and construction sequencing with job site contractors.
Requests for Proposals were sent to 275 prospective suppliers of this item. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the
local newspaper. Five (5) proposals were received and evaluated based upon published criteria including
price, project schedule, compliance with specifications, and indicators of probable performance (Exhibit 2).
ABB, Inc. was ranked the highest and determined to be the best value for the City.
RECOMMENDATION
Award to ABB, Inc. in the three (3) year not-to-exceed amount of $500,000.
PRINCIPAL PLACE OF BUSINESS
ABB, Inc.
Lexington, KY
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) 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
The items in this RFP will be funded out of the Distribution Center working capital account and charged
back to the using department. The costs for material purchased under the proposed agreement will be funded
out of amounts budgeted for specific projects. The work proposed will be in the transmission category.
These costs for transmission projects will ultimately be recovered through the Public Utility Commission
Transmission Cost of Service Program (TCOS).
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 2.3 Promote superior utility services and City facilities
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Evaluation and Ranking Sheet
Exhibit 3: Ordinance
Exhibit 4: Contract
Respectfully submitted:
Karen Smith, 349-7100
Purchasing Manager
For information concerning this acquisition, contact: Karen Smith at 349-8436.
Evaluation for Station Service Voltage Transformers
RFP 6490 Respondent:ABB, Inc.Anixter, IncTexas Electric COOPApflelbaum Industrial, IncABB, Inc. Option 2
(City and State)Lexington, KYCorinth TXGeorgetown, TXEl Paso, TX Lexington, KY
Est Estimated Estimated Estimated Estimated Estimated
Unit of Extended Extended Extended Extended Extended
Item #Annual COD #Product DescriptionUnit PriceDelivery ARO Unit PriceDelivery ARO Unit PriceDelivery ARO Unit PriceDelivery ARO Unit PriceDelivery ARO
MeasurePricePricePricePricePrice
Qty(weeks)(weeks)(weeks)(weeks)(weeks)
50 kVA Station Service
11EA28578030Voltage Transformer
$ 37,613.00$ 37,613.0026$ 40,722.00$ 40,722.0030$ 40,721.00$ 40,721.0030$ 52,964.22$ 52,964.2222$ 58,300.00$ 58,300.0032
100 kVA Station Service
23EA28578040Voltage Transformer
$ 39,622.00$ 118,866.0026$ 42,372.00$ 127,116.0030$ 42,371.00$ 127,113.0030$ 59,684.26$ 179,052.7822$ 82,900.00$ 248,700.0032
Total Cost of Products (Annual)
$ 156,479.0026$ 167,838.0030$ 167,834.0030$ 232,017.0022$ 307,000.0032
TABULATION:
Delivery/ Project Schedule
10 10.008.678.6711.828.13
Compliance W/ Specifciations
20 ЋЉ͵ЉЋЉ͵ЉЋЉ͵ЉЋЉ͵ЉЋЉ͵Љ
Probable Performance
10 ЊЉ͵ЉЊЉ͵ЉА͵ЉА͵ЉЊЉ͵Љ
Price/ Total Cost of Ownership
60 60.055.955.940.530.6
100 100.094.691.679.368.7
TOTAL
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-070,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,TexasauthorizingtheapprovalofaFirstAmendment
toaProfessionalServicesAgreementbetweentheCityofDentonandCalvin,Giordano,andAssociates,Inc.
formunicipalplanningservices,originallyapprovedintheamountof$91,224;providingfortheexpenditureof
fundstherefor;andprovidinganeffectivedate(File6604-providingforanadditionalexpenditureamountnot-
to-exceed $150,000, with the total contract amount not-to-exceed $241,224).
City of DentonPage 1 of 1Printed on 1/5/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Development Services
CM/ DCM/ ACM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a First
Amendment to a Professional Services Agreement between the City of Denton and Calvin, Giordano, and
Associates, Inc. for municipal planning services, originally administratively approved in the amount of
$91,224; providing for the expenditure of funds therefor; and providing an effective date (File 6604
providing for an additional expenditure amount not-to-exceed $150,000, with the total contract amount not-
to-exceed $241,224).
BACKGROUND
During the summer and fall 2017, the Development Services Department and Planning Division had a
number of vacancies and unexpected resignations, including the Director of Development Services. In order
to provide immediate continuity of services, while continuing to move forward with critical process and
customer service improvements, staff sought quotes from municipal planning firms to provide monthly
contractual services for planning case management, process review, and staff training.
Calvin, Giordano, & Associates), a firm based out of Fort Lauderdale, FL, was retained for
short term assistance. CGA has delivered a range of government services for dozens of municipalities and
public agencies over a course of decades ranging from engineering, surveying, construction management,
planning and zoning, code and building inspection, and more. CGA employs 13 planners certified by the
American Planning Association (AICP)
development processes and personnel after being hired to conduct a development review audit in the
summer of 2017. With their experience, a thorough
urgency and quick mobilization required by a firm, staff engaged CGA in October 2017 for a monthly
contract for an Interim Planning Director and planning services, including process improvements and staff
training.
DISCUSSION
Staff has been very satisfied with the services received. Over the interim time span, the Interim Planning
Director has been an integral part to rethinking and transforming how Development Services does business
for customers, as previously presented to the City Council in a work session on November 7, 2017.
Furthermore, the Department is the midst of the Denton Development Code rewrite project and working on
an accelerated timeline. The continuity and role of the Interim Planning Director is critical in this process.
The Interim Planning Director has improved customer service, morale, provided training, and reduced
review time in each area of the planning process. Some examples are outlined in the following tables:
REDUCED Site Plan Review; Number of Reviews and Average Number of Days to Review
Site Plan Review
Timeframe Number Approved Average Number of Reviews Average Days in Review
(Average per Month)
Jan 1 - Sept 15 28
3 172
(8.5-months) (Avg. 3 per month)
Sept 18 - Dec 31 30
2 49
(3.5-months) (Avg. 9 per month)
REDUCED Special Use Review Time by 65%:
Special Use submittals
Timeframe Average Days in
Review
Jan 1 - Sept 15
170
(8.5-months)
Sept 18 - Dec 31
60
(3.5-months)
REDUCED Number of Reviews Required for each Rezoning by 50%:
Rezoning Application; Number of Reviews for each Application
Timeframe Average Number of Reviews Performed
Jan 1 - Sept 15
2
(8.5-months)
Sept 18 - Dec 31
1
(3.5-months)
Additionally, the Interim Planning Director has been an integral part of the reorganization of the
Department, improving internal and external service delivery and producing measurable outcomes:
Eliminated the need for construction drawings with site plan submittal; expediting review, resulting
in major time and cost savings for Development Services customers.
Implemented a more even distribution of cases, eliminating specialization and expediting service
delivery.
Documented in writing formal determinations and distributed to all development review staff
members.
Provided applicants with clear direction on applications needed and staff recommendation.
Cleared backlog of applications, including some major projects that were stalled for 11 months.
Created a submission schedule that provides the applicant with more predictability.
Created development review process map outlining new changes.
Drafted Standard Operating Procedures for development review applications based on new review
procedures.
Streamlined internal review of staff reports for Planning and Zoning Commission meetings which
has resulted in more timely preparation and distribution of the agenda packet.
Created pdf fillable forms to reduce the amount of staff spent on creating notices.
Worked with staff to create a monitoring tool to begin to analyze growth trends in the city in terms
of residential units and commercial square footage and attributable traffic generation.
Researched and drafted memos on conveyance plats and residential parking standards for City
Council.
Staff is proposing to enter into an agreement for six (6) months for the following reasons:
To continue progress towards customer service and process improvements leveraging the industry
knowledge and experience provided by a well-respected municipal planning firm;
To continue training and coaching of in-house planners, providing them with the confidence and
skill sets to manage all facets of the planning and development review process;
To continue continuity of leadership through the Denton Development Code (DDC) review project,
which will require significant work with a targeted completion date of spring 2018; and
To provide staff with more time to analyze and determine the best staffing structure and model for
planning. With considerable turnover in this division in the past, it will be important to determine
and analyze the options, including performing a recruitment for an in-house Planning Director and
potentially hiring some internal staff positions, going out to RFP for an outsourced model of service
provision, or a hybrid model with public and private resources. An internal recruitment for a
Planning Director or an RFP process would take about three (3) months to complete.
If approved, staff would bring back longer-term staffing model options and a recommendation to City
Council in March/April 2018 to receive direction on how to proceed in advance of the six (6) month
agreement expiring.
Section 252.022 of the Local Government Code provides that procurement of professional planning
services are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body.
RECOMMENDATION
Staff recommends approving a six (6) month agreement with CGA in the total amount of $150,000.
FISCAL INFORMATION
To date, the City has spent $91,224 with CGA for an Interim Planning Director and planning services for
eleven weeks, inclusive of travel & lodging expenses.
CGA has provided a proposal for a six (6) month agreement for the same scope of services in the total
amount of $150,000. Travel and lodging expenses would not be charged as part of this agreement.
In FY2017/18 budget, the total Personal Services budget for Planning was $2,238,109. However, there are
currently 7 current vacancies in Planning. Staff intends to hold off on refilling some of the vacant positions
for the next six months, as process improvements continued to be worked on and a staffing model can be
determined. Of the current vacancies, three are supervisory positions that are not planned to be filled in the
next six months (Planning Director and two Planning Supervisors), amounting in an estimated personnel
savings of approximately $194,727 and covering the proposed CGA contract of $150,000 within budget.
STRATEGIC PLAN RELATIONSHIP
The City of -oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.2 Develop a high-performance work force
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Agreement
Exhibit 3: Ordinance
Exhibit 4: First Amendment
Respectfully submitted:
Karen Smith, 349-8436
Purchasing Manager
For information concerning this acquisition, contact: Scott McDonald, 349-8539.
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-075,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceapprovinganemploymentagreementfortheCityAuditorandauthorizing
theMayortoexecutesaidAgreementsettingthecompensationandtermsofthatemployment;authorizing
expenditures and actions; and providing an effective date.
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:City Manager’s Office
DCM:BryanLangley
DATE:January 9, 2018
SUBJECT
Consider adoption of an ordinance approving an employment agreement for the City Auditor and
authorizing the Mayor to execute said Agreement setting the compensation and terms of that employment;
authorizing expenditures and actions; and providing an effective date.
BACKGROUND
The City Council is currently evaluating potential candidates for the City Auditor position. This item is
being included on the agenda in the event that a candidate is selected and contract negotiations are
successful. If this occurs, an ordinance and the proposed employment agreement will be provided to the
City Council in advance of this item being considered.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and
goal:
Related Key Focus Area: Organizational Excellence
Related Goal:1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1 –Agenda Information Sheet
Respectfully submitted:
Bryan Langley
Deputy City Manager
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1442,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,aTexashomerulemunicipalcorporation(“City”),
approvingaRealEstateExchangeandAbandonmentAgreement(“Agreement”)betweentheCityandMarsam
Enterprises,Inc.,aTexascorporation(“Marsam”),for(I)theconveyancetoMarsamofa0.098acrefeetract,
withadrainageandutilityeasementreservedbytheCitytherein,(II)theconveyancetoMarsamofa0.016
acrefeetract,withadrainageandutilityeasementreservedbytheCitytherein,(III)theabandonmentand
releasebytheCityof(A)a0.063acredrainageeasement,and(B)a285squarefeetdrainageeasement,and
(IV)thepaymentbytheCitytoMarsamof$5,000.00,allinexchangefortheconveyancetotheCityof(I)a
0.031acrefeetract,and(II)a0.047acredrainageeasement,allcitedtractssituatedintheW.LovingSurvey,
AbstractNo.759,CityofDenton,DentonCounty,Texas,generallylocatedatthenortheastcornerofMyrtle
StreetandEagleDrive;authorizingtheCityManagerinaccordancewithLocalGovernmentCode272.001(B)
(3)toexecutetheAgreement;authorizingtheexpenditureoffundstherefore;andprovidingandeffectivedate.
(Eagle Drive Drainage project - Phase II - Marsam tract (Briscoe Tire))
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215 E. McKinney Street
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Capital Projects
CM/ DCM/ ACM: Mario Canizares
DATE: January 9, 2018
SUBJECT
Consider
City and
acre fee tract being part of a 0.107 acre tract conveyed to the City by special warranty deed recorded under
Document Number: 2016-62253, May 31, 2016, in the Real Property Records of Denton County, Texas,
and (II) a certain 0.016 acre tract described in an affidavit recorded under Document Number: 2017-141687,
November 16, 2017, in the Real Property Records of Denton County, Texas, both tracts hereinafter
with a drainage and utility easement reserved by the
City therein, (III) the abandonment and release by the City of (A) a 0.063 acre drainage easement, and (B)
a 285 square feet drainage easement, and (III) the payment by the City to Marsam of $5,000.00, all in
exchange for the conveyance to the City of (I) a 0.031 acre fee tract, and (II) a 0.047 acre drainage easement,
all cited tracts situated in the W. Loving Survey, Abstract No. 759, City of Denton, Denton County, Texas,
generally located at the northeast corner of Myrtle Street and Eagle Drive; authorizing the City Manager in
accordance with Local Government Code 272.001(B)(3) to execute the Agreement; authorizing the
expenditure of funds therefore; and providing and effective date. (Eagle Drive Drainage project Phase II
Marsam tract (Briscoe Tire))
BACKGROUND
The original overall Eagle Drive Drainage System project, early 2008, contemplated the construction of
drainage improvements in a tributary of Tributary PEC-4, between Wainwright Street and Myrtle Street, in
order to more effectively convey storm water from the Eagle Drive at Myrtle Street areas north and east, to
the improved channel at Wainwright Street, south of Highland Avenue. The overall goal of the project is to
contain the flows from a 100-year storm event within a modified channel (underground culvert system).
Subsequently, that project was split into two phases. Phase I of the project, Elm Street to Wainwright Street,
was completed in August 2012. The final phase of the drainage improvement project, Phase II, consists of
underground storm water conveyance system improvements, along the west and north sides of the existing
open drainage tributary, north side of Eagle Drive, between Myrtle Street and Elm Street.
Presently, the existing drainage channel is adjacent to the west and north portions of the Briscoe Tire Service
building. The design of the proposed underground storm system improvements contemplates bypassing
those relocating far
enough away from the building structure to provide for satisfactory operation and maintenance of the new
drainage improvements.
Over the course of the last several months, staff has worked closely with the subject property owner,
Dwayne Waters, Marsam Enterprises, Inc. to develop an agreement equitable to the parties, in respect to
the land rights needed by the City to complete the Project. In May of 2016, the City acquired a 0.108 acre
tract, north of Marsam property tract, for Project purposes (the San Miguel tract). During the negotiations
with Mr. Waters, discussions gave rise to the idea that an exchange of land rights might be favorable. The
San Miguel tract was purchased by the City and the residential structure was removed, however, since the
The boundary survey of the San Miguel tract revealed margin tract, a strip tract that dropped from
ownership records over time. Marsam asked that the City also convey their interest in the margin tract (if
any) to them, so as to consolidate title for the transaction at hand. Staff performed land title research back
to patent and found that the margin tract was never a part of the existing Marsam tract, and should trade
with the San Miguel tract. It is not unusual for a strip tract to drop out of the land records when occupied
by an existing drainage tributary.
The Agreement proposes exchanging the San Miguel tract and Margin tract for the street right-of-way and
drainage easement required by the Project, but reserving to the City drainage and utility easement in the
tracts to be conveyed to Marsam. The City also agreeing to Abandon and Release those portions of the
existing drainage easements being bypassed by the Project. Lastly, there are two (2) fixed storage trailers
that will need to be removed so that the existing drainage swale can be taken out of service/filled in. If
Marsam elects to salvage/remove the trailers, then a $5,000 payment will be made by the City to Marsam.
If not, the City will be granted a Right-of-Entry to remove/dispose of the trailers spanning the existing
easement, as a component part of the Project.
OPTIONS
1. Approve the proposed Ordinance.
2. Decline to approve the proposed Ordinance.
3. Table for future consideration.
RECOMMENDATION
Staff recommends approval of the Ordinance.
ESTIMATED SCHEDULE OF PROJECT
st
Project is slated to be advertised for bids 1 quarter, 2018.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Recommendation for approval to be considered by the Public Utilities Board on January 8, 2018.
FISCAL INFORMATION
Project funding is provided by JDE account #650106459.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 2.4 Proactively manage drainage infrastructure
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Site Map
4. Ordinance
Respectfully submitted:
Paul Williamson
Real Estate Manager
Prepared by:
Ed Cropp
Senior Real Estate Analyst
EXHIBIT 2 to AIS
Marsam Location Map
CITY OF DENTON
Eagle Dr
Marsam Properties 0.622 Acres
µ
0110220440
Feet
EXHIBIT 3 attachment to AIS
Marsam Site Map
CITY OF DENTON
CITY OF DENTON, TEXAS
0.098 ACRES
DOC. NO. 2016-62253
MARSAM ENTERPRISES
0.622 ACRES
DOC. NO. 2013-72384
EAGLE DRIVE
New 0.047 Acre Drainage Easement
Easement Abandonment Tracts
New 0.031 Acre Right-Of-Way
807 Myrtle Street Tract 0.098 Acre
Marsam Property
Existing Drainage Easment To Remain
µ
051020
0.016 Acre Margin tract
Feet
EXHIBIT 4 attachment to AIS
Exhibit "A"
to Ordinance
ATTACHMENT "2" to Agreement
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DRAINAGE EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
,
PROPERTY AREAS DESCRIBED AND DEPICTED IN EXHIBITS A & B,
ALL ATTACHED HERETO AND MADE A PART HEREOF
.
After Recording, Return to:
City of Denton
Capital Improvement Projects
901-A Texas Street
Denton, Texas 76209
Attention: Paul Williamson
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:A17-0005d,Version:1
AGENDA CAPTION
ConductthesecondoftworeadingsofanordinanceoftheCityofDentonforavoluntaryannexationof
approximately73.47acresoflandgenerallylocatednorthofLongRoadandwestofFM428bytheCityof
Denton, Texas.
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______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Conduct the second of two readings of an ordinance of the City of Denton for a voluntary
annexation of approximately 73.47 acres of land generally located north of Long Road and west
of FM 428 by the City of Denton, Texas.
BACKGROUND
The applicant, Brent L. Murphree, on behalf of the property owner, David Kuhlken, has submitted
an annexation application to voluntarily annex the subject property.
The subject property is approximately 73.47 acres and is adjacent to current city limits on its north,
east, and south boundaries. The adjacent zoning districts are Extraterritorial Jurisdiction (ETJ) to
the northwest, Rural Residential (RD-5X) to the northeast, Neighborhood Residential 4 (NR-4) to
the east, and Neighborhood Residential 3 (NR-3) to the south. The Future Land Use designation
of the subject site is Rural Areas. The applicant plans to develop a single family subdivision on
the subject property and is requesting annexation for this purpose.
The proposed development meets the following criteria for annexation as listed in Section 35.3.14
of the Denton Development Code (DDC):
It will require a connection to City public services;
It is
and electric services;
It is located
The development will have a significant impact upon the City in terms of service costs,
increased traffic, and utility needs.
In reviewing the proposed annexation, staff considered the following:
1. The ability of the city to provide infrastructure and public services equal to other
comparable areas inside the city limits.
Water service is available from a 54-inch line located along F.M. 428 and a 12-inch
line located along Long Road. The nearest Wastewater main is a 12-inch gravity main
located along Long Road.
Transportation improvements required as a result of the proposed development of this
site will be determined after trip generation calculations have been received and
reviewed.
Any drainage improvements required in association with the development of this site
will be the responsibility of the Developer.
Any improvements due to the impact of this development will be constructed at the
Developers expense.
DME has a transmission line running through the property, an underground
distribution line approximately 100-feet from the property across Long Road, & an
overhead distribution line approximately 100-feet from the property across F.M. 428.
Solid Waste will add this property to existing routes.
Policing of the subject site would comply with required response times.
Fire and EMS services to the site would comply with required response times. Station
#7 is located 2 miles from the subject site.
This location is adjacent to Waterworks Park and Skate works. Cooper Creek Park is
1.32 miles to the south and is an open greenspace with a trail. The closest developed
park is Evers Park, 1.75 miles to the southwest which provides 30 acres of developed
park property.
2. The reliability, capacity, and future public cost, if any, of current and planned provisions
for community facilities, including but not limited to roads, drainage, and utilities.
The terms of the needed improvements/upgrades will be determined upon platting and
permitting and funding will be the responsibility of the developer.
3. The need and quality of land use and building controls.
The annexation of the subject property into the city will enable the use of development and
design standards in the DDC, minimizing the impacts of the proposed development on
adjacent neighborhoods.
4.
The subject property is designated as Rural Areas on the Future Land Use Plan. The
applicant is proposing to develop a residential subdivision for this site. Conformance with
the Land Use Element will be determined when the application for initial zoning is
submitted and reviewed.
5. Impact on the City, both current and long range, including at a minimum.
Anticipated impacts to the City will be minimal as noted in Items 1 to 3, above.
6. The property meets the minimum requirements for annexation in accordance with state
law.
The property complies with all minimum requirements for annexation as set forth by the
Texas Local Government Code as stated in Chapter 43, Subchapter C-1, Annexation
Procedure for Areas Exempted from Municipal Annexation Plan.
The tentative schedule for this annexation is as follows:
stnd
September 19, 2017 - City Council meeting setting the 1 and 2 public hearing dates and
authorizing the publication of notice of the public hearings - Complete
st
October 17, 2017 1 Public Hearing - Complete
nd
October 24, 2017 2 Public Hearing - Complete
November 7, 2017 First Reading of the Annexation Ordinance - Complete
November 9, 2017 Publication of the Annexation Ordinance in the newspaper -
Complete
January 9, 2018 - Second Reading and Adoption of the Annexation Ordinance
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
stnd
On September 19, 2017, the City Council adopted an ordinance setting the 1 and 2 public
hearing dates and authorizing the publication of notice of the public hearings.
On October 17, 2017, the City Council held the first of two required public hearings for the
annexation of the subject property.
On October 24, 2017, the City Council held the second of two required public hearings for the
annexation of the subject property.
On November 7, 2017, the City Council held the first reading of the annexation ordinance.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA):
Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and
Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and
retention
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Zoning Map
4. Staff Presentation
5. Draft Ordinance
Respectfully submitted:
Scott McDonald
Interim Director of Development Services
Prepared by:
Cindy Jackson, AICP
Senior Planner
A17-0005
Location Map
428
"
)
LONG
HARTLEE FIELD
NCEW
PRI
J
UPITER
LLO
R
PE
PO
INSETT
IA
HER
CULE
PUBLIC ALLEY
YUCCA
03857701,540
Feet
SITECOD
µ
ETJ
Parcels
NAA 8/1/20
Roads
Date: 9/15/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0005
Zoning Map
RD-5X
428
"
)
NR-2
RD-5
LONG
HARTLEE FIELD
NCEW
PRI
ETJ
NRMU-12
J
UPITER
NRMU
LLO
R
PE
CM-G
NR-6
PO
INSETT
IA
HER
CULE
PUBLIC ALLEY
NR-4
NR-3
YUCCA
03857701,540
Feet
SITECM-GNR-3NRMU
µ
ETJNR-4NRMU-12
Parcels
NR-2NR-6RD-5
Roads
RD-5X
Date: 9/15/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0005 Stark Farms
Planning DivisionJanuary 9, 2018
Request:
Hold the second and final
reading of the annexation
ordinance for a voluntary
annexation of
approximately 73.47
acres of land generally
located north of Long
Road, and west of
F.M.428.
2/ 5
Background:
Approximately 73.47
acres
Single Family
Residential
Development
3/ 5
Annexation Schedule:
st
October 17, 2017 1Public Hearing
nd
October 24, 2017 2Public Hearing
November 14, 2017 First Reading of the
Annexation Ordinance
January 9, 2018 -Second Reading and Adoption
of the Annexation Ordinance
4/ 5
Ordinance
AN ORDINANCE OF THE CITY OF
DENTON, TEXAS, VOLUNTARILY
ANNEXING APPROXIMATELY 73.47
ACRES OF LAND, GENERALLY
LOCATED NORTH OF LONG ROAD
AND WEST OF F.M. 428 BY THE
CITY OF DENTON, DENTON
COUNTY, TEXAS, MORE
SPECIFICALLY DESCRIBED IN
CORRECTION TO THE CITY MAP
TO INCLUDE THE ANNEXED
LANDS; PROVIDING FOR A
SAVINGS CLAUSE AND AN
EFFECTIVE DATE.
5/ 5
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:A17-0006,Version:1
AGENDA CAPTION
ConsideradoptionofanordinanceoftheCityofDenton,Texas,settingadate,time,andplacefortwopublic
hearingsontheproposedvoluntaryannexationofcertainpropertygenerallylocatedontheeastsideofOld
AltonRoad,southoftheintersectionofOldAltonRoadandTeasleyLanebytheCityofDenton,Texas,
authorizing and directing the City Secretary to publish notice of such public hearings.
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City of Denton
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215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, setting a date, time, and place for
two public hearings on the proposed voluntary annexation of certain properties generally located
on the east side of Old Alton Road, south of the intersection of Old Alton Road and Teasley Lane
by the City of Denton, Texas, authorizing and directing the City Secretary to publish notice of such
public hearings.
BACKGROUND
The applicant, Yolanda Vela Vorel, on behalf of the property owner, FBA Properties, has
submitted an annexation application to voluntarily annex approximately 0.30 acres of land.
Voluntary annexation are not subject to the new annexation requirements in SB 6 which went into
effect on December 1, 2017.
The purpose of this ordinance is to establish public hearing dates for the annexation per Subchapter
C-1, §43.063 of the Texas Local Government Code (LGC). This section of the LGC establishes
the public hearing requirements for an annexation, including requirements for legal notices and
the schedule for coordinating the public hearings with the legal notices. The tentative schedule for
this annexation is as follows:
stnd
January 9, 2018 - City Council meeting setting the 1 and 2 public hearing dates and
authorizing the publication of notice of the public hearings
st
February 6, 2018 1 Public Hearing
nd
February 20, 2018 2 Public Hearing
March 6, 2018 First Reading of the Annexation Ordinance
March 7, 2018 Publication of the Annexation Ordinance in the newspaper
April 10, 2018 - Second Reading and Adoption of the Annexation Ordinance
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Development Review Committee recommends approval of this request.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
There has been no prior action/review of this application.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve
its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA):
Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and
Family-Friendly Community; and Sustainability and Environmental Stewardship. While
individual items may support multiple KFAs, this specific City Council agenda item contributes
most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and
retention
EXHIBITS
1. Agenda Information Sheet
2. Site Location Map
3. Zoning Map
4. Draft Ordinance
5. Staff Presentation
Respectfully submitted:
Scott McDonald
Director of Development Services
Prepared by:
Cindy Jackson, AICP
Senior Planner
A17-0006
Site Location
0100200400
Feet
SITECOD
µ
ETJ
Parcels
NAA 8/1/20
Roads
Date: 11/21/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0006
Zoning Map
RD-5X
CM-G
NRMU
NR-4
IC-E
NR-2
ETJ
0100200400
Feet
SITECM-GIC-ENR-4
µ
ETJNR-2NRMU
Parcels
RD-5X
Roads
Date: 11/21/2017
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A17-0006 Pioneer Automotive
Planning DivisionJanuary 9, 2018
Request:
Consider adoption of an ordinance
of the City of Denton, Texas,
setting a date, time, and place for
two public hearings on the
proposed voluntary annexation of
certain properties generally located
on the east side of Old Alton Road,
south of the intersection of Old
Alton Road and Teasley Lane.
Authorizing and directing the City
Secretary to publish notice of such
public hearings.
2/ 4
Background:
Approximately 0.30
acres
Commercial
Development
3/ 4
Annexation Schedule:
st
February 6, 2018 1Public Hearing
nd
February 20, 2018 2Public Hearing
March 6, 2018 First Reading of the Annexation
Ordinance
April 10, 2018 -Second Reading and Adoption
of the Annexation Ordinance
4/ 4
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-046,Version:1
AGENDA CAPTION
Consideradoptionofanordinanceacceptingcompetitivebidsandawardingacontractforthesupplyof
ParklandMaintenanceProductsincludingbutnotlimitedtolandscapeandturffertilizer,insecticides,
herbicides,mulch,andpeatmossfortheCityofDentonParksandRecreationDepartment;providingforthe
expenditureoffundstherefor;andprovidinganeffectivedate(IFB6409-awardedtothelowestresponsive
bidder for each line item in the three (3) year not-to-exceed amount of $196,741).
City of DentonPage 1 of 1Printed on 1/5/2018
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the supply
of Parkland Maintenance Products including but not limited to landscape and turf fertilizer, insecticides,
herbicides, mulch, and peat moss for the City of Denton Parks and Recreation Department; providing for
the expenditure of funds therefor; and providing an effective date (IFB 6409-awarded to the lowest
responsive bidder for each line item in the three (3) year not-to-exceed amount of $196,741).
BID INFORMATION
This bid is to provide parkland maintenance products for the City of Denton parks, right-of-way areas,
landscape beds, athletic fields and other general park areas. This includes approximately 1,000 acres of
parks, medians, right-of-way areas and public building landscape areas such as grass and flower beds. Some
of the major locations that are maintained include: City Hall, libraries, fire stations, recreation centers, the
Civic Center, Quakertown Park, Fred Moore Park, North Lakes Park, South Lakes Park and medians in
areas such as Loop 288, University Drive, and Dallas Drive.
The maintenance products include fertilizers which are necessary to supplement nutrients in the soil so that
it promotes leaf and root growth on turf, trees, and ornamental shrubs. This specifically aids in turf recovery
from foot traffic on athletic fields and natural soil deficiencies in macro/micro nutrients. Fertilizer also
assists in weed control. Herbicides are used to control unwanted weeds in specific warm/cool season turfs
and landscapes. Insecticides are used to control insect infestations on turf, trees, and ornamental shrubs.
Soil amendments are used to balance the soil nutrients and maintain proper PH, for water retention, and to
aid in weed control. Additives are used to facilitate more efficient applications and reduce misapplications.
All products included in the contract are in compliance with the City's Integrated Pest Management
program. Applications are performed by trained and licensed staff through the Texas Department of
Agriculture. Products are routinely evaluated based on changes in recommended usage and notifications
from the manufacturer and regulatory agencies.
Invitations for Bid were sent to 129 prospective suppliers for these items. In addition, specifications were
placed on the Materials Management website for prospective suppliers to download and advertised in the
local newspaper. Six (6) bids were received. Staff recommends awarding to the lowest responsible bidder
meeting specification for each line item as shown on Exhibit 2. The lowest price bidder(s) for Items A1,
C6, C10, C15, did not meet specification and/or delivery requirements, therefore staff is recommending
award to the next low bidder. Item B1 will not be awarded-staff has determined that this product can only
be used for residential purposes. Item D5 will not be awarded-staff has determined that the components of
this product should not be used for Parks maintenance.
RECOMMENDATION
Award to the lowest responsible bidder meeting specification for each item as listed on Exhibit 2 in the
three (3) year not-to-exceed amount of $196,741. A summary of the recommended bidder for each item is
listed below.
PRINCIPAL PLACE OF BUSINESS
SiteOne Landscape Irrigators Supply BWI Companies, Inc.
Cleveland, OH Little Elm, TX Carrollton, TX
Winfield Solutions Helena Chemical Company
Lakebed, FL Carrollton, TX Greenville, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) 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
These products will be funded from the Parks and Recreation accounts listed below:
Athletics/Grounds Maintenance 402110.6334
Athletics/Grounds Maintenance 402110.6514
Right of Way Maintenance 402130.6334
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.4 Provide and support outstanding leisure, cultural, and educational
opportunities
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Bid Tabulation
Exhibit 3: Ordinance
Exhibit 4: SiteOne Landscape Supply Contract
Exhibit 5: Irrigators Supply Contract
Exhibit 6: BWI Companies, Inc. Contract
Exhibit 8: Winfield Contract
Exhibit 9: Helena Chemical Company Contract
Exhibit 10: Staff Presentation
Respectfully submitted:
Karen Smith, 349-8436
Purchasing Manager
For information concerning this acquisition, contact: Russell Koch at 349-8412.
RFP 6409 -Tabulation Sheet for Park Maintenance Products
BWI Companies, Inc.Harrell's LLC Helena Chemical CompanyIRRIGATORS SUPPLYSiteOne Landscape SupplyWinfield
Carrollton, TXLakebed, FLGreenville, TXMcKinney, TXCleveland, OhioCarrollton, TX
Est Del.
EST.
Item Extended Est Del. ARO ARO Extended Est Del. ARO Est Del. ARO Est Del. ARO Est Del. ARO
ANN UOMProduct DescriptionUnit PriceUnit PriceExtended PriceUnit PriceUnit PriceExtended PriceUnit PriceExtended PriceUnit PriceExtended Price
#
(Bus. Days)(Bus. (Bus. Days)(Bus. Days)(Bus. Days)(Bus. Days)
PricePrice
QTY
Days)
SECTION A - LANDSCAPE AND TURF FERTILZER
11525 lb.Color Star Fertilizer
$ 27.00 $ 405.00 7-10 Days$ 28.00 $ 420.00 1-2 days$ - $ - $ - $ 22.57 $ 338.55 3 - 5 ARO$
- $ -
21525 lb.Blossom Booster Peters 10-30-20
$ 32.94 $ 494.10 7-10 Days$ - NB$ - $ - $ - $ - $ - $ - $ -
31525 lb.Peters Miracid 21-7-7
$ 21.50 $ 322.50 7-10 Days$ 15.16 $ 227.40 1-2 days $ - $ - $ - $ - $ - $
- $ -
42050 lb.9-23-30 Fertilizer
$ - $ - $ - NB$ - $ - $ - $ - $ - $ - $ -
52500 tabletsAgriform Tablets 21g.
$ 42.00 $ 84.00 7-10 Days$ 41.00 $ 82.00 2-4 days$ - $ - $ - $ 50.49 $ 100.98 3 - 5 ARO$
- $ -
62050 lb.24-2-12 50%SRN .8%FE TRC
$ 21.50 $ 430.00 7-10 Days$ 16.45 $ 329.00 3-5 days$ - $ - $ 17.25 $ 345.00 10-15 DAYS* $ 12.15 $
243.00 3 - 5 ARO$ 16.79 $ 335.80 0
73050 lb.33-0-0 Fertilzer
$ 9.00 $ 270.00 7-10 Days$ 13.65 $ 409.50 3-5 days$ - $ - $ 13.25 $ 397.50 10-15 DAYS* $ 24.77 $
743.10 3 - 5 ARO$ - $ -
81550 lb.15-5-10 Fertilizer
$ 10.00 $ 150.00 7-10 Days$ 12.57 $ 188.55 3-5 days$ - $ - $ 12.25 $ 183.75 10-15 DAYS* $ 13.37 $
200.55 3 - 5 ARO$ 9.95 $ 149.25 1
93050 lb.18-24-12 50% Slow release Fertilizer
$ 17.50 $ 525.00 7-10 Days$ 17.85 $ 535.50 1-2 days $ - $ - $ 18.75 $ 562.50 10-15 DAYS* $ 16.42 $
492.60 3 - 5 ARO$ 16.24 $ 487.20 3
SECTION B - INSECTICIDES
1801 lb.
Bayer Advanced Fire Ant Killer-No Award
$ 65.00 $ 5,200.00 7-10 Days$ - NB$ - $ - $ - $ - $ - $ - $ -
B22240 mlTempo
$ - $ - $ - $ - $ - $ - $ - $ -
21020 lb.Delta Guard - Granuals
$ 23.60 $ 236.00 7-10 Days$ - NB$ - $ - $ 27.75 $ 277.50 10-15 DAYS* $ 32.32 $ 323.20 3 - 5 ARO$
22.50 $ 225.00 1
32025 lb.Extinguish Plus Fire Ant Bait
$ 169.00 $ 3,380.00 7-10 Days$ 195.00$ 3,900.00 2-4 days$ 179.50 $ 3,590.00 3-7 days$ 189.00 $ 3,780.00 10-15 DAYS* $ - $
183.75 $ 3,675.00 1
4425 lb.
Advion Fire Ant Bait
$ 259.00 $ 1,036.00 7-10 Days$ 280.00$ 1,120.00 1-2 days$ 278.50 $ 1,114.00 3-7 days$ 258.50 $ 1,034.00 10-15 DAYS* $ 330.74 $ 1,322.96
3 - 5 ARO$ 248.00 $ 992.00 1
SECTION C - HERBICIDES
122.5 gal.
Finale
$ 125.00 $ 250.00 7-10 Days$ 114.70$ 229.40 2-4 days$ 138.57 $ 277.14 3-7 days$ 158.76 $ 317.52 10-15 DAYS* $ 170.61 $
341.22 3 - 5 ARO$ 148.75 $ 297.50 1
2130 gal.Glyphosate Plus 10% Sufactant
$ 390.00 $ 390.00 7-10 Days$ 341.25$ 341.25 1-2 days$ 344.10 $ 344.10 3-7 days$ 400.00 $ 400.00 10-15 DAYS* $ 496.30 $
496.30 3 - 5 ARO$ 394.50 $ 394.50 1
31002.5 gal.
Glyphosate Plus 10% Sufactant
$ 34.00 $ 3,400.00 7-10 Days$ 29.99 $ 2,999.00 1-2 days$ 30.15 $ 3,015.00 3-7 days$ 35.75 $ 3,575.00 10-15 DAYS* $ 43.66 $
4,366.00 3 - 5 ARO$ 33.15 $ 3,315.00 1
442.5 gal.Aquatic Glyphosate 53.8%
$ 56.00 $ 224.00 7-10 Days$ 64.50 $ 258.00 1-2 days$ 50.00 $ 200.00 3-7 days$ 62.50 $ 250.00 10-15 DAYS* $ 56.03 $
224.12 3 - 5 ARO$ 42.45 $ 169.80 1
542.5galPendimethalin Non Staining
$ 75.00 $ 300.00 7-10 Days$ 157.35$ 629.40 1-2 days$ 145.33 $ 581.32 3-7 days$ 135.00 $ 540.00 10-15 DAYS* $ 101.86 $
407.44 3 - 5 ARO$ 142.00 $ 568.00 1
6130 gal.Barricade 4L
$ 3,570.00 $ 3,570.00 7-10 Days$ 3,570.00 $ 3,570.00 1-2 days$ 3,570.00 $ 3,570.00 3-7 days$ 1,875.00 $ 1,875.00 10-15 DAYS* $ 3,570.00 $ 3,570.00
3 - 5 ARO$ 3,570.00 $ 3,570.00 1
7241 gal.Barricade 4L
$ 143.00 $ 3,432.00 7-10 Days$ 71.00 $ 1,704.00 1-2 days$ 143.00 $ 3,432.00 3-7 days$ 62.50 $ 1,500.00 10-15 DAYS* $ 137.00 $
3,288.00 3 - 5 ARO$ 137.00 $ 3,288.00 1
88050 lb. bagSnapshot
$ 80.00 $ 6,400.00 7-10 Days$ 96.35 $ 7,708.00 1-2 days$ 90.50 $ 7,240.00 3-7 days$ 73.50 $ 5,880.00 10-15 DAYS* $ 84.05 $
6,724.00 3 - 5 ARO$ 76.00 $ 6,080.00 1
9101 gal.Confront
$ 80.00 $ 800.00 7-10 Days$ 144.20$ 1,442.00 1-2 days$ 129.79 $ 1,297.90 3-7 days$ 97.50 $ 975.00 10-15 DAYS* $ 143.85 $
1,438.50 3 - 5 ARO$ 136.00 $ 1,360.00 1
1041 gal.Specticle Flo
$ 1,606.50 $ 6,426.00 7-10 Days$ 1,606.50 $ 6,426.00 1-2 days$ 1,606.50 $ 6,426.00 3-7 days$ 1,606.50 $ 6,426.00 10-15 DAYS* $ 1,606.50 $ 6,426.00
3 - 5 ARO$ 1,606.50 $ 6,426.00 1
1141 lb.SureGuard
$ 170.00 $ 680.00 7-10 Days$ 144.00$ 576.00 1-2 days$ 130.40 $ 521.60 3-7 days$ 150.00 $ 600.00 10-15 DAYS* $ 175.42 $
701.68 3 - 5 ARO$ 141.55 $ 566.20 1
12 1 gal.Primo Maxx
5
$ 291.00 $ 1,455.00 7-10 Days$ 134.00$ 670.00 1-2 days$ 290.00 $ 1,450.00 3-7 days$ 166.75 $ 833.75 10-15 DAYS* $ 290.00 $ 1,450.00
3 - 5 ARO$ 290.00 $ 1,450.00 1
1330050 lb. bag5-0-15 w/ 1% Ronstar
$ 35.00 $ 10,500.00 7-10 Days$ 33.32 $ 9,996.00 1-2 days$ 28.46 $ 8,538.00 3-7 days$ 32.63 $ 9,789.00 10-15 DAYS* $ 30.08 $
9,024.00 3 - 5 ARO$ 44.00 $ 13,200.00 1
141250 lb. bagRonstar G
$ 80.00 $ 960.00 7-10 Days$ 82.35 $ 988.20 1-2 days$ 75.00 $ 900.00 3-7 days$ 71.25 $ 855.00 10-15 DAYS* $ 93.13 $
1,117.56 3 - 5 ARO$ 77.45 $ 929.40 1
15Dimension 2 EW
42.5 gal.
$ 578.75 $ 2,315.00 7-10 Days$ 578.75$ 2,315.00 1-2 days$ 550.00 $ 2,200.00 3-7 days$ 484.25 $ 1,937.00 10-15 DAYS* $ 578.75 $ 2,315.00
3 - 5 ARO$ 525.00 $ 2,100.00 1
SECTION D - CHEMICAL ADDITIVES & MISCELLEANEOUS
Blue Spray Dye
1
22.5 gal.$ 100.00 $ 200.00 7-10 Days$ 57.87 $ 115.74 $ 120.00 $ 240.00 3-7 days$ 57.25 $ 114.50 10-15 DAYS* $ 41.82 $
83.64 3 - 5 ARO$ 66.00 $ 132.00 1
Non Ionic Surfactant
2
121 gal.$ 40.00 $ 480.00 7-10 Days$ 30.53 $ 366.36 $ 26.00 $ 312.00 3-7 days$ 15.75 $ 189.00 10-15 DAYS* $ 14.02 $
168.24 3 - 5 ARO$ 14.00 $ 168.00 1
Antifoamer/Defoamer
3
24Quart$ 15.00 $ 360.00 7-10 Days$ 11.45 $ 274.80 $ 25.00 $ 600.00 3-7 days$ 10.75 $ 258.00 10-15 DAYS* $ 3.69 $
88.56 3 - 5 ARO$ 17.00 $ 408.00 1
4Neutralize Tank Cleaner
122 lb.$ 12.00 $ 144.00 7-10 Days$ 9.05 $ 108.60 $ - $ 5.79 $ 69.48 3 - 5 ARO$ - $ -
5586 x 1.5 ozJust One Bite Pellet Packs-No Award
$ 45.00 $ 225.00 7-10 Days$ - NB $ - $ - $ - $ - $ -
SECTION E - SOIL AMENDMENTS
Peat Moss
11043.8 cu. ft.$ 15.00 $ 1,560.00 7-10 Days$ - $ - NB$ - $ 19.34 $ 2,011.36 3 - 5 ARO$ - $
-
Sunshine Mix #4
2103.8 cu. ft.$ 43.59 $ 435.90 7-10 Days$ - $ - NB$ - $ 4.00 $ 40.00 3 - 5 ARO$ - $
-
Cypress Mulch No Float
320003 cu. Ft.$ - $ - $ - $ - NB$ - $ 2.34 $ 4,680.00 3 - 5 ARO$ - $ -
Back to Nature Cotton Bur Compost
41262 cu. Ft.$ 5.44 $ 685.44 7-10 Days$ - $ - NB$ - $ - $ - $ - $ -
SECTION F - BULK FERTILIZER AND APPLICATION
15Ton42-0-0 w/50%SCU 1.6% FE Trace Package
$ - $ - $ 745.50$ 3,727.50 3-5 days$ 850.00 $ 4,250.00 10-15 DAYS* $ - $ - $ - $ -
28-3-10 w/50%SCU 3% FE Trace Package
25Ton
$ - $ - $ 744.71$ 3,723.55 3-5 days$ 775.00 $ 3,875.00 10-15 DAYS* $ - $ - $ - $ -
46-0-0 Urea
310Ton
$ - $ - $ 635.45$ 6,354.50 3-5 days$ 505.00 $ 5,050.00 10-15 DAYS* $ - $ - $ - $ -
420TonApplication Bulk Granules
$ - $ - $ 18.50 $ 370.00 5-7 days$ 150.00 $ 3,000.00 N/A $ - $ - $ - $ -
Total Cost of Awarded Products (Annual)
$ 7,094.54 $ 14,545.05 $ 9,059.60 $ 25,385.00 $ 5,204.68 $ 4,291.25
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-048,Version:1
AGENDA CAPTION
Consideradoptionofanordinanceacceptingcompetitivebidsandawardingacontractforthesupplyof
WartsilaGasEngineLubricationOilandCoolingSystemGlycolfortheDentonEnergyCenter;providingfor
theexpenditureoffundstherefor;andprovidinganeffectivedate(IFB6632-awardedtothelowestresponsive
bidderforeachlineitem,ReederDistributors,Inc.inthenot-to-exceedamountof$330,030andO’Rourke
Dist.Co.,Inc.dbaO’RourkePetroleuminthenot-to-exceedamountof$79,953foratotalawardnot-to-exceed
$409,983). The Public Utilities Board will consider this item on January 8, 2018.
City of DentonPage 1 of 1Printed on 1/5/2018
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City of Denton
City Hall
215 E. McKinney
Street
Denton, Texas
______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
CM: Todd Hileman
DATE: January 9, 2018
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a contract for the
supply of Wartsila Gas Engine Lubrication Oil and Cooling System Glycol for the Denton Energy
Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 6632-
awarded to the lowest responsive bidder for each line item, Reeder Distributors, Inc. in the not-to-
-to-
exceed amount of $79,953 for a total award not-to-exceed $409,983). The Public Utilities Board
will consider this item on January 8, 2018.
BACKGROUND:
The Denton Energy Center (DEC) is an approved CIP project for DME. The project will provide
power at times that renewable energy sources are not readily available and/or when power is
needed for support of the regional electric grid.
future commitment to providing the citizens of Denton with 70+ percent of electricity from
renewable sources of energy. The solicitation included two different products used by the engines,
lubrication oil and cooling system glycol.
Item 1 Wartsila Gas Engine Lubrication Oil
The first item was for lubrication oil. 12 Wärtsilä engines require an initial quantity of
lubrication oil to fill each engine. T
gallons with each engine holding approximately 3,850 gallons of oil. The plant also has 12,000
gallons of oil storage on site which resides within a containment area. The oil is primarily used to
lubricate the internal moving parts of the engines; with a secondary function to provide
supplemental cooling of the pistons, rods and crank shafts. This initial quantity of oil will fill all
engines and the oil storage tanks. Just like a typical car engine, the Wärtsilä engines will consume
a small of quantity of lubrication oil during normal operations. The stored oil will be utilized by
maintenance staff to keep the engines lubrication oil at optimum levels.
Wärtsilä has a list of 11 validated engine oils, of which three are readily available in the United
States (U.S.) (See Exhibit 3). Use of a validated oil is required to maintain the
engine warranty. Wartsila does not allow mixing of different engine oils. Once the engines are
filled with a specific lube oil product, only that product can be used. To switch products, the entire
plant lube oil system volume must be drained and the fluids disposed of in a proper manner. This
constraint on engine oil cross mixing, and the regional availability of validated oils, is the
justification for Wärtsilä not supplying the engines first fill of lube oil.
The Invitation for Bid (IFB) was advertised in accordance with Materials
Management procedures seeking manufacturer validated products. IFBs were sent to 120
prospective suppliers of these items. In addition, specifications were placed on the Materials
Management website for prospective suppliers to download and advertised in the local newspaper.
Seven distributors submitted responsive bids. All three readily available U.S. validated brands
were represented, with the low bid being $5.79 per gallon for the Chevron product, and with the
high bid coming in at $7.39 per gallon for the ExxonMobil product. The average price per gallon
for all bids was $6.54 (Exhibit 2).
It was determined that the low bid submitted by Reeder Distributors, Inc. met the product
specifications and requirements contained in the bid documents.
Item 2 Wartsila Cooling System Glycol
The second component of IFB 6632 was the supply of Monopropylene Glycol (MPG) for the plants
cooling system. MPG is a chemical compound that is mixed with the plants cooling system water
to lower the freeze point of the system. In common terms, MPG is the antifreeze compound that
keep the exposed portions of the plants cooling system from freezing. The exposed sections of
the system will be protected against prolonged temperatures at or above 15° Fahrenheit. MPG was
selected over the alternate compound of Ethylene Glycol (EG) since MPG is much less toxic.
This part of the IFB was also advertised in accordance with City of Denton Materials Management
procedures. Invitation for Bids were sent to 120 prospective suppliers of these items. In addition,
specifications were placed on the Materials Management website for prospective suppliers to
download and advertised in the local newspaper. Seven distributors submitted responsive bids.
The manufacturer was required to calculate the quantity of their product that is required to bring
Products, was 8,700 gallons at $9.19 per gallon for a total cost of $79,953.00. The high bid came
in at 10,318 gallons at $16.75 per gallon for a total cost of $172,825.60. The average cost for all
bids was $132,844.12.
It was determined that the low bid submitted by
met the product specifications and requirements contained in the bid documents.
PRINCIPAL PLACE OF BUSINESS
Reeder Distributors, Inc.
Fort Worth, TX Fort Worth, TX
RECOMMENDATION:
DME recommends awarding IFB 6632, Line Item 1, gas engine lubrication oil to Reeder
Distributors, Inc. in the total not-to-exceed amount of $330,030. DME recommends awarding IFB
6632, Line item 2, Monopropylene (antifreeze) to
Petroleum, in the total not-to-exceed amount of $79,953. These are for single purchases and
purchase orders will be issued upon approval.
ESTIMATED SCHEDULE OF PROJECT
Delivery of the will occur within 1-2 weeks after receipt of order.
FISCAL INFORMATION:
The purchases will be funded with bond funds from Denton Municipal Electric project account
#603995601.
EXHIBITS:
Exhibit 1: Agenda Information Sheet
Exhibit 2: Bid Tabulation
Exhibit 3: Wärtsilä Validated Engine Lubrication Specifications
Exhibit 4: Ordinance
Exhibit 5: Staff Presentation
Respectfully submitted:
Karen Smith, 349-8436
Purchasing Manager
For information concerning this acquisition, contact: Chris Lutrick at 349-7152.
IFB 6632 - Tabulation Sheet for Engine Lube oil and Cooling Water Gylcol
AmPac Chemical Co, Inc.
O'Rourke Petroleum Products
Reeder Distributors, Inc.SunCoastApache Oil CompanyDelta Fuel Company, Inc.Western Marketing, Inc.Douglass Distributing
Ft. Worth, TXHouston, TX
Ft. Worth, TXFt. Worth, TXPasdena, TexasFerriday, LASaginaw, TX Sherman, TX
Est Est Est Est Est Est
Glycol Est Delivery Glycol Glycol Glycol Glycol Est Delivery Glycol Glycol Glycol
QTYUOMProduct DescriptionUnit PriceExtended PriceUnit PriceExtended PriceDelivery Unit PriceExtended PriceDelivery Unit PriceExtended PriceDelivery Unit PriceExtended PriceUnit PriceExtended
PriceDelivery Unit PriceExtended PriceDelivery Unit PriceExtended PriceDelivery
Item #
Qty(wks)QtyQtyQtyQty(wks)QtyQtyQty
(wks)(wks)(wks)(wks)(wks)(wks)
Approved Gas
157,000EA
Engine Lubrication
$ 5.79 $330,030.001-2 weeks$ 6.29$358,530.003 Days$ 5.85$333,450.001 wk$ 6.70$381,900.002 Weeks$ 6.75$384,750.00$ 6.99$398,430.002 weeks$
7.39$54.61$ 2.00No Bid
oil
Chevron HDAX 5200 Low Ash 40 - Chevron HDAX 5200 Low Ash Gas
Chevron 232328990Shell Mysella S5 N 40Shell/Mysella S5N40- 500007761HDAX 5200 40 WExxonMobil / 103667
232328990Engine Oil P/n 232328
Monopropylene
TBD
2EA
Glycol *
12,900$ 9.77 $ 126,033.00 1-2 weeks8,700$ 9.19$ 79,953.003 Days12,900$ 11.15$ 143,835.001 wk14,850$ 7.29$ 108,256.5010 Days10,318$
16.75$ 172,825.6012,898$ 12.49$ 161,096.022 weeksNo Bid12,925$ 10.67$ 137,909.754-5
Shamrock Chicago/Rockfrost HD
Lyondell Industrial Grade Propylene Chevron DELO ELC PG Antifreeze p/n Concentrate, 47 x 275 gallon totes to
Chevron 275110990Monopropylene GlycolSierra SEPR08Cheveron DELO ELC PG Concentrate
Glycol - 499292275110yield approx 51,500 gallon of 25%
solution
*Quantity of Glycol is supplied by each vendor as the quantity required to achieve 15 degrees Fahrenheit freeze protection for a 51,590 gallon cooling system
Wärtsilä
INSTALLATION MANUAL
Corporation
Finland
Technology
This doc is the property of Wärtsilä Corp. and shall neither be copied, shown or communicated to a third party without the consent of the owner.
K.Juoperi /
SubtitleProductMade 11.08.1998PageDocument NoRev
J.Norrgård
Wärtsilä 34SG
-Wärtsilä 34LPGAppd.15.01.1999U.Åstrand1(4)
k
4V92A0780
Wärtsilä 50SG
Changed by: K.
Revised date: 24.09.2015 Approved by: J. Mikkilä/A. Vakkila Change notice No.:CN-A027972
Juoperi/F. Zhang
REQUIREMENTS AND OIL QUALITY
®
LUBRICATING OIL REQUIREMENTS AND QUALITY FOR WÄRTSILÄ
®®
34SG,WÄRTSILÄ34LPGAND WÄRTSILÄ50SGENGINES
Viscosity
Viscosity class SAE 40
Viscosity Index (VI)
Min. 95
Alkalinity (BN)
Lubricating oils with BN of 4 - 7 mg KOH/g have to be used.
Sulphated ash level
The content of sulphated ash in gas engine lubricating oils is a very important property. Too
high ash content can cause preignition, knocking and spark plug fouling, while too low ash
content can lead to increased valve wear. Low ash lubricating oils with sulphated ash level
of max. 0,6%m/mhave to be used.
Additives
The oils shall contain additives that give good oxidation stability, corrosion protection, load
carrying capacity, neutralisation of acid combustion and oxidation residues and should
prevent deposit formation on internal engine parts.
Foaming characteristics
Fresh lubricating oil shall meet the following limits for foaming tendency and stability,
according to the ASTM D 892-92 test method:
Sequence I: 100/0 ml
Sequence II: 100/0 ml
Sequence III: 100/0 ml
Base oils
Use of virgin base stocks is only allowed, i.e. recycled or re-refined base oils are not
allowed.
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CONDEMNING LIMITS FOR USED LUBRICATING OIL
When estimating the condition of used lubricating oil, the following properties along with the
corresponding limit values must be noted. If the limits are exceeded, measures must be
taken. Compare also with guidance values for fresh lubricating of the brand used.
PROPERTY UNIT LIMIT TEST METHOD
Viscosity cSt at 40 °C max. 50% increase ASTM D 445
Viscosity cSt at 100 °C max. 25% increase ASTM D 445
Water % v/v or % m/m max. 0,30 ASTM D 95 or D 6304C
Base Number mg KOH/g max. 50% depletion ASTM D 2896
Total Acid Number mg KOH/g max. 2,5 mg KOH/g ASTM D 664
increase
Insolubles % m/m in max. 1,0 ASTM D 893b
n-pentane
Oxidation Abs/cm max. 25 IR
Nitration Abs/cm max. 20 IR
CHANGE OF LUBRICATING OIL BRAND
Top-up with another lubricating oil brand than being filled to the system is not allowed,
except if the both two lubricating oils originate from the same manufacturer and are based
on same base oils and additive technology. Otherwise the lubricating oil system has to be
drained and then filled with another brand by following the procedure described here below.
In order to minimize the risk of lubricating oil foaming, deposit formation, blocking of
lubricating oil filters, damage of engine components, etc., the following procedure should be
followed when lubricating oil brand is changed from one to another:
If possible, change the lubricating oil brand in connection with an engine (piston)
overhaul
Drain old lubricating oil from the lubricating oil system
Clean the lubricating oil system in case of an excessive amount of deposits on the
surfaces of engine components, like crankcase, camshaft compartment, etc.
Fill the lubricating oil system with fresh lubricating oil
If the procedure described above is not followed, responsibility of possible damage and
malfunctions caused by lubricating oil change should always be agreed between the oil
company and customer.
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®
VALIDATED LUBRICATING OIL QUALITIES FOR WÄRTSILÄ 34SG,
®®
WÄRTSILÄ 34LPG AND WÄRTSILÄ 50SG
NATURAL GAS AND LIQUEFIED PETROLEUM GAS OPERATION
There exists experience that lubricating oils manufactured from API Group II or IV base oils
are able to offer better cleanliness of exhaust gas boiler / economizer compared to
lubricating oils manufactured from API Group I base oils and are thus recommended in the
first place for such applications. In some cases also longer change intervals may be
achieved by using API Gp II or IV based products.
Table 1: Validated gas engine oils based on API Gp II and IV base oils:
SUPPLIER BRAND NAME VISCOSITY BN SULPHATED
ASH (% m/m)
Bharat Petroleum MAK GES XLA 40 SAE 40 5,3 0,48
Corp. Ltd.
Chevron (Texaco HDAX 5200 Low Ash SAE 40 4,2 0,50
+ Caltex) Gas Engine Oil SAE 40
ExxonMobil Pegasus 905 SAE 40 6,2 0,49
Pegasus 1005 SAE 40 5,0 0,50
Pegasus 1 SAE 40 6,5 0,49
Idemitsu Kosan Apolloil GHP 40L SAE 40 4,7 0,45
Co. Ltd.
MOL-LUB Ltd. MOL GMO Longlife 40 SAE 40 6,6 0,50
Pakelo Motor Oil Geoterm LA 4 SAE 40 6,6 0,50
S.r.l.
Petro-Canada Sentron LD 5000 SAE 40 4,9 0,57
Petronas GEO S 40 SAE 40 5,6 0,46
Sasol Gas Engine Oil LA 40 SAE 40 5,5 0,50
Shell Mysella S5 N 40 SAE 40 4,5 0,48
*)
Total Nateria X 405 SAE 40 5,2 0,45
Table 2: Validated gas engine oils based on API Gp I base oils:
SUPPLIER BRAND NAME VISCOSITY BN SULPHATED
ASH (% m/m)
Castrol Duratec L SAE 40 4,5 0,45
Chevron (Texaco Geotex LA 40 SAE 40 5,2 0,45
+ Caltex)
ExxonMobil Pegasus 705 SAE 40 5,3 0,49
Pegasus 805 SAE 40 6,2 0,50
Lukoil Efforse 4004 SAE 40 5,56 0,49
Petrogal Galp GN 4005 SAE 40 5,2 0,45
Shell Mysella S3 N 40 SAE 40 5,0 0,45
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USE OF NON-VALIDATED LUBRICATING OILS:
Before using a lubricating oil not listed in the tables above, the engine manufacturer must be
contacted. Lubricating oils that are not validated have to be tested according to engine
Should a non-validated lubricating oil be used during the engine warranty period, and there
exist no agreement with the engine manufacturer about testing, the engine guarantee does
not hold.
Lubricating oil companies listed above along with other possible manufacturers and
distributors undertake all responsibility for the performance of their validated lubricating oils
in service to the exclusion of any liability of any Wärtsilä company belonging to Wärtsilä
group.
Further, they shall indemnify, compensate and hold harmless Wärtsilä and companies
belonging to Wärtsilä group from and against any claims, damages and losses caused by
the lubricating oils in question.
LUBRICATING OILS FOR ENGINE TURNING DEVICE
EP-gear oils having viscosity of 414
- 506 cSt at 40 °C = ISO VG 460 are normally considered as suitable lubricating oils for
turning device. The following products are fulfilling the requirements:
LUBRICATING OILS FOR ENGINE TURNING DEVICE
SUPPLIER BRAND NAME VISCOSITY VISCOSITY VISCOSITY
cSt at 40 °C cSt at 100 °C INDEX (VI)
BP Energol GR-XP 460 460 30,5 95
Castrol Alpha SP 460 460 30,5 95
Chevron (Texaco Meropa 460 460 31,2 97
+ Caltex)
ENI S.p.A. Blasia 320 300 23,0 95
ExxonMobil Mobilgear 600 XP 460 460 30,6 96
Fuchs Renolin CLP 460 460 30,4 95
Petro-Canada Enduratex EP 460 452 30,4 97
Shell Omala S2 G 460 460 30,8 97
Total / Lubmarine Carter EP 460 470 30,3 93
IFB 6632
DEC Gas Engine Lube Oil and Glycol Supply
City Council Presentation
Chris Lutrick/Brent Heath Denton Municipal Electric Jan. 9, 2018
Presentation Outline:
Internal Combustion Engine Overview
Bid Summary
Recommendation
Questions
2/ 6
Internal Combustion Engine Overview:
3/ 6
--stroke ngine
)
Summary of Bids:
Purchasing method used was Invitation For Bid
7 bids were received for Lube Oil
7 bids were received for MPG
The oil bids ranged from $5.79 to $7.39 per gallon
The MPG bids ranged from $79,953 to $172,825.60
This will be a single purchase of 57,000 gallons of Lube
Oil
This will be a single purchase of 8,700 gallons of Glycol
4/ 6
Staff Recommendations:
Engine Lubrication Oil
Lowest Cost Bid submitted by Reeder Distributors, Inc.
Not-to-exceed $330,030
Glycol
Lowest Cost Bid submitted by
Not-to-exceed $79,953
5/ 6
Questions:
Chris Lutrick & Brent Heath
6/ 6
Typical Chemical Tote:
7/ 6
Engine Lubrication Requirements:
Wärtsilä Validated Oil
3 Manufacturers in US (ExxonMobil, Shell, Chevron)
Must be a low Ash, SAE 40 weight Grade 1 or 2 base oil
Supplier/Distributor Requirements
Oil must be delivered in bulk (tanker loads)
Total delivered quantity will be 57,000 gallons (Single engine 3895 ga.)
Upon delivery oil will be tested to verify compliance
with specifications
8/ 6
Monopropylene Glycol (MPG):
MPG vs Ethylene Glycol
Synthetic Organic compound (CH0)
382
Used extensively throughout cosmetic, personal hygiene, and
food industries
MPG is the more environmentally friendly product
DEC will use MPG to change the freezing/boiling point of the
cooling system water (Antifreeze)
Cooling system fluid will be mixed to a concentration that will
provide the exposed sections of system freeze protection down
to 15F
The glycol will be supplied in chemical totes
9/ 6
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 18-073,Version:1
AGENDA CAPTION
ConsideradoptionofanOrdinanceoftheCityofDenton,TexasamendingSections26-3,26-4,26-8and
addingSection26-12toChapter26-UtilitiesoftheDentonCodeofOrdinances;providinganopenmeetings
clause;providingacumulativeclause;providingarepealer;providingaseverability;andprovidinganeffective
date.
City of DentonPage 1 of 1Printed on 1/5/2018
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT:Finance
DCM:Bryan Langley
DATE:January9, 2018
SUBJECT
Consider adoption of an Ordinance of the City of Denton, Texas amending Sections 26-3, 26-4, 26-8 and
adding Section 26-12 to Chapter 26 –Utilities of the Denton Code of Ordinances; providing an open
meetings clause; providing a cumulative clause; providing a repealer; providing severability; and
providing an effective date.
BACKGROUND
On October 17, 2017, the City Council received a report and held a discussion about the Credit and
Collections Policiesof the City Utility System. The specific review wasin regards to Ordinance 2010-
292, which details the credit and collection practices utilized by Denton Municipal Utilities. The changes
undertaken were in response to recommendations made in a 2008 management review conducted by
Navigant Consulting as well as evidence that the City’s uncollectible debt was increasing in amount and
in proportion to total accounts receivables.
Staff has closely monitored the impact ofeach of the ordinance changesover the last several years, and
the results indicate that the primary objectives of these initiatives are being met. The number of
delinquent accounts continues to decrease, credit screenings are ensuring that customers receive fair
collection treatment, and uncollectible debts have been reduced.
During the October 9, 2017,Public Utilities Board meetingand October 17, 2017, City Council meeting,
Customer Service presentedtheCredit and Collectionsresults and practices. The Boardand Council
asked staff for further informationin regards to the meter/billing cycles, survey comparisons, fair credit
scoring, fee review, deposit options and additional funding to the P.L.U.S One program.
During the November 13, 2017 Public Utilities Meeting and November 14, 2017, City Council meeting,
Customer Service presented the follow-up information and provided options for direction regarding the
P.L.U.S One program and deposit policy.
The Public Utilities Board recommended no changes to the deposit policy, increase funding by $25,000
for the P.L.U.S One program, allow funding to be usedtowards deposits, update criteria for new contract
and proceed with a Homelessness Deposit Waiver.
City Council gave direction toincrease funding by $25,000 for the P.L.U.S One program, allow funding
to be used towards deposits, update criteria for new contract and proceed with a Homelessness Deposit
Waiver.The Council asked for additional information regarding initial deposits for new customers and
how deposit are assessed for existing customers.
During the December 5, 2017, City Council meeting, Customer Service presented the information
regarding new and existing customer utility deposits. The City Council provided direction on changing
points associated with overdue interest and the customer ratings. The Council asked for the changes to be
madein ordinance and brought back to review and approve.The proposed changes are detailed below:
P.L.U.S One Program Changes
All changes associated with the P.L.U.S One program are contractual changes that will be includedin the
new contract that is currently in a Request for Proposal status. The contract will be brought back to the
Public Utilities Board and City Council for approval in May 2018. The contractual changes include:
Increase funding from $100,000 to $125,000 per year
Update contract criteria for vendor to utilize to determine approval of assistanceand defining
specific guidelines to help more families and understand what barriers customers are facing.
o Allow funds to be allocated to assist with deposits.
o A requirement that the vendor establish written program guidelines that the City reviews
and approves annually and that must be provided to clients.
o The monthly reporting should capture more data to help better understand the barriers to
assistance.
o The addition of training on limitations of the funding that will help the agency better
understand its authority in qualifying clients for assistance.
o Assisting families regardless of tenure at address.
o Assist families more than once per 12 month period (Up to 3 times a year).
Homelessness Deposit Waiver Implementation
Addressesa specific community need through a deposit waiver process for any individual or family
experiencing homelessness that areparticipating in a City of Denton verified permanent or rapid
rehousing program.
Qualified agencies will be provided a form letterfor clients to present to the City when requesting
utility servicein order to have the deposit waived.
Credit Event & Rating Changes
The point’s associated with theOverdue Interest credit event is 100. Per City Council direction, no points
will be associated with an Overdue Interest charge.
Current customers in the utility system have an internal customer rating that determines deposit
requirements. City Council provided direction tomodify the rating scale, points accrued and deposit
required. These changes are illustrated below:
Disconnection Procedures for Holidays/Weekends and Extreme Weather
Customer Service has followed an internalpolicy in regards to disconnectionof service during holidays,
weekends and at time of extreme weather. Inefforttomemorializethese procedures, staff has added the
parameters into the ordinance changes for consideration.
Disconnection on holidays or weekends –Unless a dangerous condition exist or the customer
requests disconnection, service shall not be disconnected on holidays or weekends, or the day
immediately preceding a holiday or weekend, unless utility personnel are available on those days
to take payments and reconnect services. Services shall also not be disconnected during the weeks
of Thanksgiving, Christmas or New Year’s
Disconnection during extreme weather. Utility services will not be disconnected for nonpayment
when on the day of disconnection:
o The National Weather Service (NWS) has forecasted the day’s temperatures to fall below 32
degrees Fahrenheit
o The NWS has forecasted the day’s high temperatures to be at or above 100 degrees Fahrenheit
or a heat advisory has been issued for Denton County.
RECOMMENDATIONS:
Review ordinance changes and consider approval fromPublic Utilities Board and City Council.
PRIOR ACTION/REVIEW (Councils, Boards, Commissions)
On October 9, 2017, Customer Service presented a review and presentation to the Public Utilities Board.
The Board asked for a breakdown of uncollectable debt by account type for FY 08/09 and 15/16. Other
requests included a map displaying security depositsand the process of transferring service within the
service area. The Board asked staff to return for a work sessionprior to releasing a Request for Proposal
on the P.L.U.S One Program.
On October 17, 2017, Customer Service presented a review and presentation to the City Council. The
Council had questions regarding meters, credit screening, amount of staff time dedicated to delinquent
accounts,reducingdeposits, bill and payment arrangement dates and the impact of additional funding to
the P.L.U.S One program.
OnNovember13, 2017, Customer Service presented the follow-up information and options for direction
to the Public Utilities Board. The Board provided direction to update criteria to the P.L.U.S One program,
increase finding by $25,000, allow fundsto be allocated to deposits and execute a deposit waiver for
customer’s experiencing homelessness and working with a help agency to be housed. The Board
recommended that no changes be made to the deposit policy.
OnNovember 14, 2017, Customer Service presentedthe follow-up information and options for direction
tothe City Council. The City Councilprovided direction to update criteria to the P.L.U.S One program,
increase finding by $25,000, allow funds to be allocated to deposits and execute a deposit waiver for
customer’s experiencing homelessness and working with a help agency to be housed. The City Council
requested additional information on the deposit process to be further discussed.
On December 5, 2017, Customer Service presented the follow-up information and options for direction to
City Council regarding new and existing customer utility deposits. The City Council provided direction to
remove any pointsassociatedwith overdue interestand changes were made tothe scale of customer
ratings, points and associated depositsfor existing customers.
Once the ordinance revisionsare approved, staff will work to make the updates in the Customer
Information System effective February 5, 2018. Once the changes have been implemented and internal
credit ratings updated, all existing customers will maintain current deposits on the accounts. Once the
credit events roll off the account, deposits will be refunded to the utility accounts. Staff will also not be
completing the quarterly additional deposit assessments in January to allow for the new parameters to be
put into place.
FISCAL INFORMATION
The primary purpose of Ordinance 2010-292 was to reduce the amount of uncollectible debt associated
with utility services. Priorto implementation, uncollectible debts exceeded $1.1 million for fiscal years
08/09 and 09/10. In both cases, these amounts represented more than 0.6% of the City’s total utility
receivables. The credit screening and deposit assessment processes were designed as measures to limit the
amount of debt reaching this status.For fiscal year 2015-2016, uncollectible utility debts equaled
$536,481. This was equal to 0.22% of the total receivables billed during that period and represented a
13% reduction over the preceding fiscal year.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its
vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational
Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly
Community; and Sustainability and Environmental Stewardship. While individual items may support
multiple KFAs, this specific City Council agenda item contributes mostdirectly to the following KFA and
goal:
Related Key Focus Area: Organizational Excellence
Related Goal:1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Revised Ordinance 2010-292
Exhibit 3: Presentation
PREPAREDBY:
Tiffany Thomson, Customer Service Manager
(940) 349-7401
Tiffany.Thomson@cityofdenton.com
Respectfully submitted:
AntonioPuente, (940) 349-7283
Director of Finance
City Council Presentation
Credit & Collections Ordinance Revisions
Tiffany Thomson-Customer Service Jan. 9, 2018
Background:
November 16, 2010 approval of Ordinance 2010-292.Prior to implementation, uncollectible debts
exceeded $1.4 million for fiscal year 08/09 and $1.1 million for fiscal year 09/10. In both cases, these
amounts represented more than 0.6% of the City’s total utility receivables.
For fiscal year 2015-2016, uncollectible utility debts equaled $536,481. This was equal to 0.22% of the
total receivables billed during that period and represented a 13% reduction over the preceding fiscal
year.
The Public Utilities Board and City Council requested review of progress and ways to modify in October
2017.
In November 2017, staff presented follow-up information to PUB and City Council. Direction was given to
execute a homelessness deposit waiver, update criteria and funding to the P.L.U.S One Program.
In December 2017, staff presented additional information regarding initial deposits for new customers
and how existing customers are charged deposits. City Council provided direction to remove points
associated with overdue interest and update the scale of customer ratings.
2/ 7
Updated: P.L.U.S One Program
IncreaseinFundingfrom$100,000to$125,000
Allowfundstobeallocatedtowardsdeposits
Updatinganddefiningspecificguidelineswithinthecontract
Arequirementthatthevendorestablishwrittenprogramguidelines
thattheCityreviewsandapprovesannuallyandthatmustbeprovided
toclients.
Themonthlyreportingshouldcapturemoredatatohelpbetter
understandthebarrierstoassistance.
Theadditionoftrainingonlimitationsofthefundingthatwillhelpthe
agencybetterunderstanditsauthorityinqualifyingclientsfor
assistance.
Assistingfamiliesregardlessoftenureataddress
Assistfamiliesmorethanonceper12monthperiod(Upto3timesa
year)
3/ 7
New: Homelessness Deposit Waiver
Addressesaspecificcommunityneedthroughadepositwaiverprocessforany
individualorfamilyexperiencinghomelessnessthatareparticipatinginaCityof
Dentonverifiedpermanentorrapidrehousingprogram.
QualifiedagencieswillbeenprovidedaformletterforclientstopresenttotheCitywhen
requestingutilityserviceinordertohavethedepositwaived.
4/ 7
Updated: Credit & Collection Parameters
Modified Overdue Interest
Modified rating scale, points accrued and
Points
deposit required
CurrentProposed
Credit EventPointsCredit EventPoints
Late Fee50Late Fee50
Overdue Interest100Overdue Interest0
Disconnect Notice200Disconnect Notice200
Disconnect Non-Pay500Disconnect Non-Pay500
Returned Check200Returned Check200
NSF Check200NSF Check200
Collection Letter1000Collection Letter1000
Collection Agency1000Collection Agency1000
Write Off2000Write Off2000
Bankruptcy2000Bankruptcy2000
5/ 7
Disconnection Procedures
Customer Service has followed an internal policy in regards to disconnection of
service during holidays, weekends and at time of extreme weather. In effort to
memorialize these procedures, staff has added the parameters into ordinance.
HolidaysorWeekends:Serviceshallnotbedisconnectedonholidaysorweekends,ortheday
immediatelyprecedingaholidayorweekend.Servicesshallalsonotbedisconnectedduringtheweeks
ofThanksgiving,ChristmasorNewYear’s
ExtremeWeather:Utilityserviceswillnotbedisconnectedfornonpaymentwhenonthedayof
disconnection:
o TheNationalWeatherService(NWS)hasforecastedtheday’stemperaturestofallbelow32
degreesFahrenheit
o TheNWShasforecastedtheday’shightemperaturestobeatorabove100degreesFahrenheit
oraheatadvisoryhasbeenissuedforDentonCounty.
6/ 7
Implementation Timeline
P.L.U.S One Changes
•New Contract July 2018
•Staff is currently working on solicitation process
Homelessness Deposit Waiver
•Staff has created the applicable application and form letter
for the program. Implementation will be immediate after City
Council approval.
Credit & Collection Policy Changes
•Staff will implement changes effective February 2018, to
allow updates in Customer Information System to take
place.
7/ 7
Tiffany Thomson