HomeMy WebLinkAbout2022 - 01-11 Agenda and BackupCity of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
City Council
Council Chambers
&
Council Work Session Room
4:00 PMTuesday, January 11, 2022
SPECIAL CALLED MEETING
WORK SESSION BEGINS AT 4:00 P.M. IN THE COUNCIL CHAMBERS
CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE
COUNCIL WORK SESSION ROOM
CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEM FOR
INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE CLOSED
MEETING IN THE COUNCIL CHAMBERS
REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL
Citizens are able to participate in one of the following ways (NOTE: Other than public hearings, citizens are
only able to comment one time per agenda item; citizens cannot use both methods to comment on a single
agenda item. Public comments are not held for work session reports.):
• eComment – On January 7, 2022, the agenda was posted online at
www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to make virtual comments using
the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar.
Within eComment, citizens may indicate support or opposition and submit a brief comment about a specific
agenda item. Comments may be submitted up until the start of the meeting at which time the ability to
make an eComment will be closed. Similar to when a citizen submits a white card to indicate their position
on an item, the eComments will be sent directly to members of the City Council immediately upon entry
into the module and recorded by the City Secretary.
City Council Members review comments received in advance of the meeting and take that public input into
consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards
submitted in support or opposition to an item during the public comment period. Comments will not be
read during the meeting. The City Secretary will reflect the number of comments submitted in
favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes
of the Meeting, as applicable.
OR
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January 11, 2022City Council Meeting Agenda
• By phone – Citizens wishing to speak over the phone during this Council meeting, may call (940)
349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until
the item is opened for discussion by the Council. When the call is initially received, a staff member will
receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak,
or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record
their support or opposition, rather than speaking during the meeting, the Mayor will announce the number
of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the
voice of each caller will be broadcast into the meeting during the public commenting time of their desired
agenda item. Individuals will be able to comment once per agenda item, no matter the method.
• At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone).
Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a
public report, see the information below.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, January 11, 2022, at 4:00 p.m. in the Council Chambers at City Hall, 215 E.
McKinney Street, Denton, Texas at which the following items will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its
consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person
who wishes to address the City Council regarding these items may do so by utilizing the "By Phone"
registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE
CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City
Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the
Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call.
2. Requests for clarification of agenda items listed on this agenda.
3. Work Session Reports
Receive a report and hold a discussion on the Denton Police Department’s policy on
marihuana enforcement and the Denton Municipal Court’s policies related to drug
paraphernalia citation processing.
[Estimated Presentation/Discussion Time: 45 minutes]
ID 22-081A.
Receive a report, hold a discussion, and give staff direction on pending City Council
requests for:
(1)A work session to discuss amending the inclement weather policy.
[Estimated Presentation/Discussion Time: 30 minutes]
ID 21-2387B.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the
Council Work Session Room to consider specific item(s) when these items are listed below under the Closed
Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any
item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended,
or as otherwise allowed by law.
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January 11, 2022City Council Meeting Agenda
1. Closed Meeting:
Deliberations regarding Real Property - Under Texas Government Code Section
551.072.
Receive information from staff, discuss, deliberate, and provide staff with direction
pertaining to the potential sale of City-owned real property situated in the Robert
Beaumont Survey, Abstract No. 31 and the William Neill Survey, Abstract No. 971, City
of Denton, Denton County, Texas, located at 414 West Parkway Street / 413 Congress,
where a public deliberation of such potential sale would have a detrimental effect on the
City’s position in negotiations with a third party.
ID 22-086A.
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consultation, discussion, deliberation, and receipt of information from the City’s attorneys
involving legal issues relating to a disaster declaration and related order pertaining to the
COVID-19 emergency, and to provide the City’s attorneys with direction, where a public
discussion of these legal matters would clearly conflict with the duty of the City’s attorneys
to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas.
ID 22-154B.
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consultation, discussion, deliberation, and receipt of information from the City’s attorneys
to review and discuss litigation styled Tarver v. City of Denton et al, Cause No.
4:21-CV-00970-SDJ, pending in the Eastern District of Texas, Sherman Division, where
the City’s Attorneys’ duties to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflict with Chapter 551 of the
Texas Open Meetings Act.
ID 22-157C.
Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open
Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final
decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the
Texas Government Code (the ‘Public Power Exception’). The City Council reserves the right to adjourn into a
Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq.
(The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of
the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings
Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act.
NOTE: Any item for which a formal action at the Special Called Meeting has been taken by Council
may be subject to a request for a motion for reconsideration at any time during the meeting, at the
Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings
Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting
will be placed on the agenda and considered at the next official meeting of the City Council.
Following the Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on
matters discussed in closed session.
_________________________________________________________________________________
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January 11, 2022City Council Meeting Agenda
Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting in
the Council Chambers to consider the following items:
1. CONSENT AGENDA
Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to
implement each item in accordance with the Staff recommendations. The City Council has received
background information and has had an opportunity to raise questions regarding these items prior to
consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent
Agenda (Agenda Items A – M). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent
Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be
considered as the first items following approval of the Consent Agenda.
Consider approval of the minutes of December 14, 2021.ID 22-087A.
Consider appointment to the Tax Increment Reinvestment Zone Number Two (Westpark
TIRZ) Board of Directors.
ID 22-076B.
Consider adoption of an ordinance authorizing the City Manager to execute the
Amendment No. 2 to the “Memorandum of Understanding - The Environment” between
the City of Denton and the University of North Texas which provides for the extension of
the terms of said agreement until September 30, 2026; providing for the expenditure of
funds therefor; and providing an effective date. (The Memorandum of Understanding
establishes conditions for conducting small, short term research projects between the City
of Denton and the University of North Texas.)
ID 22-001C.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Custom
Landscapes, Inc. dba Classic Landscapes & Maintenance, for mowing and maintenance
services for DME, Water Reclamation, and Water Production Departments, Section F -
Public Works/Utilities; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7788 - awarded to Custom Landscapes, Inc. dba Classic
Landscapes & Maintenance, for one (1) year, with the option for four (4) additional one
(1) year extensions, in the total five (5) year not-to-exceed amount of $1,923,495.00).
ID 22-061D.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with BrightView
Landscape Services, Inc., for mowing and maintenance services for the Parks and
Recreation and Fire Departments, Section C - Southeast Public Buildings, Parks, Trails,
and Medians; providing for the expenditure of funds therefor; and providing an effective
date (RFP 7788 - awarded to BrightView Landscape Services, Inc., for one (1) year,
with the option for four (4) additional one (1) year extensions, in the total five (5) year
not-to-exceed amount of $2,871,373.00).
ID 22-062E.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal ID 22-063F.
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January 11, 2022City Council Meeting Agenda
corporation, authorizing the City Manager to execute a contract with Watts Ellison, LLC
dba D&D Commercial Landscape Management, for mowing and maintenance services
for the Parks and Recreation, Fire, Community Improvement Services, and the Denton
Enterprise Airport Departments, Section D - Southwest Public Buildings, Parks, Trails,
and Medians and Section E - ROW and Rough Cut; providing for the expenditure of
funds therefor; and providing an effective date (RFP 7788 - awarded to Watts Ellison,
LLC dba D&D Commercial Landscape Management, for one (1) year, with the option
for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed
amount of $4,292,759.00).
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Freedom
Commercial Services, LLC, for mowing and maintenance services for the Parks and
Recreation and Drainage Departments, Section G - Drainage; providing for the
expenditure of funds therefor; and providing an effective date (RFP 7788 - awarded to
Freedom Commercial Services, LLC, for one (1) year, with the option for four (4)
additional one (1) year extensions, in the total five (5) year not-to-exceed amount of
$1,548,194.00).
ID 22-064G.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Natures Greenery,
Inc., for mowing and maintenance services for the Parks and Recreation and Fire
Departments, Section A - Northwest Public Buildings, Parks, Trails, and Medians,
Section B - Northeast Public Buildings, Parks, Trails, and Medians, and Section H -
Landscape Maintenance; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7788 - awarded to Natures Greenery, Inc., for one (1) year, with the
option for four (4) additional one (1) year extensions, in the total five (5) year
not-to-exceed amount of $6,334,436.00).
ID 22-065H.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with Infra Construction,
LLC, for the replacement of the Service Center Complex fence for Facilities
Management; providing for the expenditure of funds therefor; and providing an effective
date (RFP 7819 - awarded to Infra Construction, LLC, in the not-to-exceed amount of
$677,856.00).
ID 22-066I.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of a first amendment to a contract between the City
of Denton and Elite Tree Service, L.L.C., amending the contract approved by City
Council on November 6, 2018, in the not-to-exceed amount of $350,000.00; said first
amendment to continue to provide tree trimming and removal for City departments
needing such work; providing for the expenditure of funds therefor; and providing an
effective date (IFB 6870 - providing for an additional first amendment expenditure
amount not-to-exceed $87,500.00, with the total contract amount not-to-exceed
$437,500.00).
ID 22-077J.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal ID 22-078K.
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January 11, 2022City Council Meeting Agenda
corporation, authorizing the City Manager to execute a Professional Services Agreement
with Parkhill, Smith & Cooper, Inc., for professional design services for Fire Station No.
9 for the Facilities Management Department; providing for the expenditure of funds
therefor; and providing an effective date (RFQ 7818-002 - awarded to Parkhill, Smith &
Cooper, Inc., in the not-to-exceed amount of $1,011,665.00).
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager to execute a contract with BWI Companies,
Inc., through the Buy Board Cooperative Purchasing Network Contract # 611-20, for
the purchase of ryegrass seed, specialty landscape, turf, and grower supplies for the
Parks and Recreation, Drainage, and Streets Departments; providing for the expenditure
of funds therefor; and providing an effective date (File 7910 - awarded to BWI
Companies, Inc., for one (1) year, with the option for two (2) additional one (1) year
extensions, in the total three (3) year not-to-exceed amount of $200,000.00).
ID 22-079L.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of a second amendment to a contract between the
City of Denton and Maintaining the Common Ground, LLC, amending the contract
approved by City Council on July 17, 2018, in the not-to-exceed amount of
$575,000.00; amended by Amendment 1 approved by Purchasing; said second
amendment to provide mowing and maintenance services for the Parks and Recreation
Department; providing for the expenditure of funds therefor; and providing an effective
date (File 6627 - providing for an additional second amendment expenditure amount
not-to-exceed $56,135.00, with the total contract amount not-to-exceed $680,135.00).
ID 22-092M.
2. ITEM FOR INDIVIDUAL CONSIDERATION
Consider approval of a resolution of the City of Denton adopting the Americans with
Disabilities Act Transition Plan; and declaring an effective date.
ID 21-2733A.
3. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics, above posted.
C E R T I F I C A T E
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January 11, 2022City Council Meeting Agenda
I certify that the above notice of meeting was posted on the official website
(https://www.cityofdenton.com/en-us/government/open/agendas-minutes) and bulletin board at City Hall, 215
E. McKinney Street, Denton, Texas, on January 7, 2022, in advance of the 72-hour posting deadline, as
applicable, and in accordance with Chapter 551 of the Texas Government Code.
__________________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY
WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE
SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR
USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX
SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.
Page 7 Printed on 1/14/2022
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-081,Version:1
AGENDA CAPTION
Receive a report and hold a discussion on the Denton Police Department’s policy on marihuana enforcement
and the Denton Municipal Court’s policies related to drug paraphernalia citation processing.
[Estimated Presentation/Discussion Time: 45 minutes]
City of Denton Printed on 1/7/2022Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Police
CM/ DCM/ ACM: Sara Hensley, Interim City Manager
DATE: January 11, 2022
SUBJECT
Receive a report and hold a discussion on the Denton Police Department’s policy on marihuana enforcement
and the Denton Municipal Court’s policies related to drug paraphernalia citation processing.
BACKGROUND
On November 2, 2021, the City Council reached a consensus to hold a work session related to cannabis
enforcement within the City of Denton. Police Chief Frank Dixon will discuss the Police Department’s
General Order related to the enforcement of Possession of Marihuana. Municipal Court Presiding Judge
Tyler Atkinson will discuss the Court’s process related to granted deferred disposition and expunction of
drug paraphernalia charges.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
FISCAL INFORMATION
None
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Cannabis Presentation
Respectfully submitted:
Frank Dixon
Chief of Police
Prepared by:
Tyler Atkinson
Municipal Court Presiding Judge
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Cannabis Enforcement
Policy Discussion
Chief Frank Dixon
Denton Police Department
Judge Tyler Atkinson
Denton Municipal Court
1
File ID 22-081
Prior Activity
•November 2nd Work Session
•Council Member Armintor presented a “Two Minute Pitch” requesting a
work session related to cannabis enforcement within the City of Denton.
•Consensus was reached on the desire to have a work session.
2
Work Session Overview
•Explain current process for the enforcement and resolution of
Possession of Marijuana and Drug Paraphernalia charges.
•Denton Police Department –General Order
•Denton Municipal Court –Standing Orders
3
Law
•Possession of Marijuana (Less than 2 oz)
•Texas Health and Safety Code §481.121
•Class B Misdemeanor –“County Charge”
•Possession of Drug Paraphernalia
•Texas Health and Safety Code §481.125
•Class C Misdemeanor –“Municipal Court Charge”
4
Denton Police Policy
•General Order 529 Marihuana Enforcement
•529.1 Policy: The Denton Police Department will consider its resources and its mission of protecting the
community when exercising any discretion to avoid making arrests related to marihuana that the arresting
officer and Department reasonably believe would not be prosecuted by local, state, or federal authorities.
While the Denton Police Department does not specifically target marihuana enforcement, it is important to
note that violent crimes, such as home invasion robberies, are often associated with low level amounts of
marihuana. To that end, the Denton Police Department will exercise discretion to ensure laws are
appropriately enforced without unreasonably burdening both our community as well as the resources of the
department.
5
Denton Police Policy
•529.3 Enforcement
•A custody arrest shall be made when individuals are found to be in possession of more than two ounces of marihuana, or
found to be in possession of misdemeanor amounts of marihuana of less than two ounces and the following has occurred:
(a) The circumstances of the possession are indicative of marihuana distribution, such as: 1. Multiple small individual
baggies packed for resale; 2. Presence of digital scales and/or packs of empty baggies; 3. Officer observed hand-to-hand
drug transactions; or 4. The individual was involved in a narcotics investigation. (b) The individual possesses marihuana in
conjunction with a firearm; or (c) The individual will also be charged with an assault offense or violent felony.
•For marihuana possession alone, of two ounces or less, officers will issue a citation titled “Possession of Drug
Paraphernalia,” and release the offender from custody. Offenses occurring in Drug Free Zones are not eligible for the
issuance of a citation.
•Lab Testing -As required by HB1325, passed by the State of Texas Legislature on June 10, 2019, lab tests must be completed
to establish whether the suspected marihuana has a THC content of.03% or more. The Denton Police Department will utilize a
contracted lab that is fully accredited and approved to conduct the tests. Only approved cases will be sent for testing.
6
Denton Municipal Court -Deferred
•All Drug Paraphernalia charges are eligible for deferred disposition. If
completed, the charge is dismissed and does not appear on any
criminal record.
•Deferred requirements:
•Pay the citation or Perform Community Service
•Receive no further citations for 90 days.
7
Denton Municipal Court -Expunction
•All Drug Paraphernalia charges dismissed through deferred disposition are
eligible for expunction. When granted, an expunction order erases all
records related to the arrest wherever they may be found. Also, the person
can legally state that they were never arrested or cited for the charge.
•Expunction requirements:
•Pay Expunction Fee or Show Indigence.
•Have completed deferred disposition for the charge.
8
Denton Municipal Court –Statistics
•150 Drug Paraphernalia Citations filed July –Dec 21.
•Current Status:
•Deferred –64 / 43%
•Conviction –30 / 20%
•Set for Court –32 / 21%
•FTA Warrant –12 / 8%
•Other -12 / 8%
9
Questions?
10
Chief Frank Dixon
Denton Police Department
Judge Tyler Atkinson
Denton Municipal Court
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-2387,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction on pending City Council requests for:
(1)A work session to discuss amending the inclement weather policy.
[Estimated Presentation/Discussion Time: 30 minutes]
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
ICM: Sara Hensley
DATE: January 11, 2022
SUBJECT
Receive a report, hold a discussion, and give staff direction on pending City Council requests for:
(1) A work session to discuss amending the inclement weather policy.
BACKGROUND
During the annual City Council retreat on Saturday, August 21, 2021, the City Council agreed to amend
their current ordinance and the process by which they ensure there is a consensus of the City Council
regarding the use of staff time when responding to requests from elected officials that anticipate taking
more than two hours to complete or if there is a City Council policy decision to be made. The process
developed during the retreat was further discussed and formally adopted at the September 28, 2021, City
Council meeting (Exhibit 2).
Staff will review one outstanding request for information per elected official during each work session. The
weekly work session process will include staff introducing the requested topic followed by the requesting
elected official having up to two minutes to describe and justify their request. Remaining elected officials
will then have up to one minute to provide feedback and indicate their support for the use of staff time to
respond to the request. Staff will respond to all requests where a consensus of at least four elected officials
is established. To the extent possible, responses will be provided in the requested format including Informal
Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be
considered on future City Council agendas. The Agenda Committee will assist in scheduling items receiving
consensus based upon priority offered by Council Members, work session availability, and readiness of the
item depending upon a total number of staff hours needed to develop, and the departments involved.
As guidelines for Council Members to note and offer their priority while supporting an item, the following
general categorization could be used to indicate any Council Member’s support in order to assist staff and
the Agenda Committee. The following takes into consideration the perceived urgency, impact, and/or
importance of the item. It is a general framework only to help offer some prioritization, especially in
consideration of other scheduled Council priorities, major goals and projects, and scheduled work.
High – Time sensitivity of the item is significant; the item is critical to the community or
organization; and/or the item is of such importance that it should take precedence over other
scheduled priorities, projects, or items.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Moderate – The item is somewhat time-sensitive; the item has a valuable impact to the community
or organization; and/or the item is important but should be integrated into work plans accordingly.
Low – The item is not time-sensitive; the item has an impact but it is limited; and/or the item should
be scheduled into work plans where possible, but should not affect or delay other scheduled work.
The following items will be discussed during this work session:
1. A work session to discuss amending the inclement weather policy.
a. Requestor: Council Member Armintor
b. Council Member Request: “I'd like to schedule a 2-minute pitch on Tuesday the 11th, proposing
a time-sensitive high-priority work session to augment our inclement weather policy to include
(1) at least one overnight inclement weather station, and (2) a more science-based definition of
inclement weather that accounts for the public health impacts of wind chill and heat index, not
just Fahrenheit temps.”
c. Staff Information: Staff have identified various factors and operational components to
consider for the activation and operation of an overnight, or 24-hour, shelter at a City facility
including, but not limited to:
The potential impact on current & future use of the facility;
The availability of adequate staffing for shelter operations, including funded
overtime;
Extensive training in shelter operations, unless the operation is contracted out;
Additional training required to assist clients with mental health issues or
disabilities;
The use of and funding for police and/or EMS staff to ensure safety and attend to
any medical issues;
The appropriate allocation of space and fixtures within the facility to promote
safety;
Meal procurement, preparation, and distribution;
The availability, storage, and transportation of materials/supplies; and
Accessibility to existing services provided by other organizations.
All of these considerations will require significant funding, planning time, and staffing
resources to operate both in the winter and summer.
If the City Council wishes to move forward with this request, staff will schedule a work
session. Work session preparation is expected to take approximately 90 minutes, whereas
project implementation would require a timeframe of 20+ hours but could be substantially
more depending on the direction received from the Council.
d. Date requested: January 5, 2022
e. Format for response: Work session
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Presentation
Exhibit 3 – Ordinance 21-1837
Respectfully Submitted:
Monica Benavides
Management Analyst
City Council Pending Requests for InformationCity Council MeetingJanuary 11, 2022
Work Session Process •Up to seven requests will be reviewed per meeting (one per Council Member)•Staff will introduce each request•The elected official that made the request will have up to two minutes to describe and justify their request•Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request•Staff will respond to all requests where a consensus of Council is established2Legistar ID: 21-2387 January 11, 2022
Work Session Process - Continued•The Agenda Committee will assist in scheduling items receiving consensus based upon priority offered by Council Members, work session availability, and readiness of the item.•As guidelines for Council Members to note and offer their priority while supporting an item, the following general categorization could be used to indicate any Council Member’s support to assist staff and the Agenda Committee: •High – Time-sensitivity of the item is significant; the item is critical to the community or organization; and/or the item is of such importance that it should take precedence over other scheduled priorities, projects, or items.•Moderate – The item is somewhat time-sensitive; the item has a valuable impact to the community or organization; and/or the item is important but should be integrated into work plans accordingly.•Low– The item is not time-sensitive; the item has an impact but it is limited; and/or the item should be scheduled into work plans where possible, but should not affect or delay other scheduled work.3Legistar ID: 21-2387 January 11, 2022
Item 1•A work session to discuss amending the inclement weather policy •Requestor: Council Member Armintor•Council Member Request:“I'd like to schedule a 2-minute pitch on Tuesday the 11th, proposing a time-sensitive high-priority work session to augment our inclement weather policy to include (1) at least one overnight inclement weather station, and (2) a more science-based definition of inclement weather that accounts for the public health impacts of wind chill and heat index, not just Fahrenheit temps.”•Requested Format for Response:Work Session4Legistar ID: 21-2387 January 11, 2022
ORDlNANCENO. 21 -1837
AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 2-30 OF THE CODE
OF THE CITY OF DENTON TO CHANGE THE TITLE AND INCREASE THE TIME FOR A
REQUESTlNG COUNCILMEMBER TO DESCRIBE THE REQUEST; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
CODIFICATION; AND PROVIDlNG AN EFFECTlVE DATE.
WHEREAS, on August 27, 2019 by Ordinance No. 19-2026, the City Council adopted
Section 2-30 of the City of Denton Code of Ordinances to provide procedures to ensure there is a
consensus of the City Council regarding the use of staff time when responding to requests from
elected officials; and
WHEREAS the City Council now desires to amend the City Council request procedures to
change the section title to more accurately reflect the response types and to increase the time for
the requesting councilmember to speak from one minute to two minutes; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 2, Article II, Section 2-30 of the Code of Ordinances of the City of
Denton shall now read as follows:
Chapter 2 -ADMINISTRATION
ARTICLE II. -ADMINISTRATIVE ORGANIZATION
Sec. 2-30. -City Council Requests for Information or Agenda Items.
(a) Definitions.
(1) For purposes of Section 2-30 the following definitions apply:
a. "Request for Information" -Requests made by a member of the City Council
to seek clarification on Board, Commission, Committee or City Council agenda
items; address perceived service issues, infrastructure maintenance, or
construction concerns caused by or impacting City operations and/or the quality
oflife for Denton residents; and requests for policy-related research to evaluate
policies implemented by other agencies and/or assess the impact a new policy
or potential program may have if implemented by the City of Denton.
b. "City Staff" -Includes employees of the City of Denton consisting of, or
reporting to, the City Manager or the City Attorney.
(b) City Council Requests for Information from City Staff.
(1) All City Council requests for information from City Staff, must be submitted to the
City Manager's Office via email and include at a minimum, the following details:
a. Request Type;
b. Purpose;
c. Time Sensitivity; and
d. Preferred Response Format.
(2) The City Manager's Office and/or the City Attorney's Office will estimate the amount
of time required to respond to each request.
(3) Requests estimated to take more than a total of two hours to complete will be brought
forward within the next 30 calendar days, to a City Council work session to seek
consensus from the full City Council regarding the use of City Staff time to fulfill the
request. Requests for information referred to a work session will follow the procedures
provided in sub-section (b) of Section 2-30.
(c) City Council Requests for Information Referred to a Work Session.
(1) A standing work session item will be added to each City Council agenda for City
Council requests to be considered.
a. The requesting Council Member will be required to provide a clear, written
explanation describing the reason for the information requested. This
description will be included as an attachment to the work session agenda
materials and must be provided to the City Secretary in time to fully comply
with Texas Open Meeting Act requirements.
(2) During the work session, the requesting Council Member will have a maximum of two
minutes to describe and justify their request.
a. Remaining Council Members will then have a maximum of one minute each to
provide feedback and indicate their support for the use of City Staff time to
respond to the request.
(3) Staff will respond to all requests where a consensus of at least four elected officials is
established. To the extent possible, responses will be make in the requested format
including Informal Staff Reports, Legal Status Reports, City Council work session
topics, or ordinances and resolutions to be considered on future City Council agendas.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
SECTION 3. To the extent not otherwise provided, this ordinance shall repeal every prior
ordinance in conflict herewith, but only insofar as the portion of such ordinance shall be in conflict;
and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be
and is hereby made cumulative except as to such prior ordinances or portions thereof as are
expressly repealed hereby.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. The City Secretary is hereby directed to record and publish the above
regulations in the City's Code of Ordinances.
The motion to approve this ordinance was made by ::Jg SSe Do..>-J ; 5
and seconded by J,<; 0..<(\ ::i)e.c)(..... , the ordinance was passed and
approved by the following vote [J__ -0 ]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ✓
Vicki Byrd, District 1 : ./
Brian Beck, District 2: ✓
Jesse Davis, District 3: ✓
Alison Maguire, District 4: ./
Deb Armintor, At Large Place 5: ✓
Paul Meltzer, At Large Place 6: ✓
PASSED AND APPROVED this the 1...o+~ day of 8et>¼-M~< , 2021. ~~---H SPETH,MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: ---------------
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-086,Version:1
AGENDA CAPTION
Deliberations regarding Real Property - Under Texas Government Code Section 551.072.
Receive information from staff, discuss, deliberate, and provide staff with direction pertaining to the potential
sale of City-owned real property situated in the Robert Beaumont Survey, Abstract No. 31 and the William
Neill Survey, Abstract No. 971, City of Denton, Denton County, Texas, located at 414 West Parkway Street /
413 Congress, where a public deliberation of such potential sale would have a detrimental effect on the City’s
position in negotiations with a third party.
City of Denton Printed on 1/7/2022Page 1 of 1
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-154,Version:1
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consultation,discussion,deliberation,and receipt of information from the City’s attorneys involving legal issues relating to a disaster
declaration and related order pertaining to the COVID-19 emergency,and to provide the City’s attorneys with direction,where a
public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the
Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
City of Denton Printed on 1/7/2022Page 1 of 1
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-157,Version:1
AGENDA CAPTION
Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consultation,discussion,deliberation,and receipt of information from the City’s attorneys to review and discuss litigation styled
Tarver v.City of Denton et al,Cause No.4:21-CV-00970-SDJ,pending in the Eastern District of Texas,Sherman Division,where the
City’s Attorneys’duties to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflict with Chapter 551 of the Texas Open Meetings Act.
City of Denton Printed on 1/7/2022Page 1 of 1
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-087,Version:1
AGENDA CAPTION
Consider approval of the minutes of December 14, 2021.
City of Denton Printed on 1/7/2022Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Secretary’s Office
IACM: Tiffany Thompson
DATE: January 11, 2022
SUBJECT
Consider approval of the minutes of December 14, 2021.
BACKGROUND
The minutes drafts are provided for review and formal approval by the City Council.
EXHIBITS
Exhibit 1 – AIS
Exhibit 2 – December 14, 2021 Minutes Draft
Respectfully submitted:
Rosa Rios
City Secretary
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
CITY OF DENTON CITY COUNCIL MINUTES
December 14, 2021
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, December 14, 2021, at 2:00 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Gerard Hudspeth, Mayor Pro Tem Paul Meltzer and Council Members Vicki
Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor
ABSENT: None
Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand.
The posted agenda noted the registration process for both in-person, call-in, and virtual
public participation at this meeting. While citizen commentary received via the online
registration process was not read, each member for the City Council received each online
commentary as it was submitted. Both in-person, call-in, and online comments received are
reflected in the exhibit to the minutes of this meeting.
WORK SESSION
1. Citizen Comments on Consent Agenda Items
None
2. Requests for clarification of agenda items listed on this agenda.
• Clarification was requested on the following items:
o None
• The following item(s) were/was pulled for Individual Consideration:
o Council Member Davis: Items 1.J (21-2647), 1.K (21-2648) and 1.S (21-2532)
o Council Member Armintor: Item 1.S (21-2532)
3. Work Session Reports
A. ID 21-1803 Receive a report, hold a discussion, and give staff direction regarding Audit
Project 004 - Police Property Room Procedures: Follow-Up Review.
[Estimated Presentation/Discussion Time: 30 minutes]
The item was presented and discussion followed.
Following discussion, there was no direction provided as the item was for
presentation/discussion purposes.
City of Denton City Council Minutes
December 14, 2021
Page 2
B. ID 21-2406 Receive a report, hold a discussion, and give staff direction regarding
implementation of programs and policies proposed in the Affordable Housing Strategic Plan.
*[Council Priority; Estimated Presentation/Discussion Time: 1 hour]
The item was presented and discussion followed.
Following discussion, City Council consensus was to move forward with:
• Resolution accepting the City of Denton’s Affordable Housing Strategic Toolkit to
be presented for consideration at a future meeting;
• Start the process for Year 1 Action Items in early 2022:
o Budget Amendment (FY21-22) to procure consultant for Affordable
Overlay District(s) and software for GIS Mapping Tool (with potential for
an alternate in-house Plan option);
o Build out the Landlord Maintenance Grant Program and pilot program;
• Funding requests for future years to be considered as supplemental budget requests
through the budget process, requests for CDBG/HOME through Community
Services Advisory Committee process, and seeking other funding tools where
applicable; and
• Move forward with the RFI process for Tiny Home projects.
C. ID 21-2466 Receive a report, hold a discussion, and give staff direction regarding updates to
the City Criteria Manuals. (ID 21-2466, City Criteria Manuals, Ron Menguita)
[Estimated Presentation/Discussion Time: 45 minutes]
The item was presented and discussion followed.
Following discussion, there was no direction provided as the item was for
presentation/discussion purposes.
D. ID 21-2569 Receive a report and hold a discussion regarding Comprehensive Plan
components and receive an update related to the Denton 2040 Comprehensive Plan process
including next steps.
[Estimated Presentation/Discussion Time: 1 hour]
The item was presented and discussion followed.
Following discussion, there was no direction provided as the item was for
presentation/discussion purposes. Future discussion on this item will follow.
The work session ended at 4:49 p.m.
City of Denton City Council Minutes
December 14, 2021
Page 3
CLOSED MEETING
1. The City Council convened into a Closed Meeting at 4:49 p.m. consistent with Chapter 551
of the Texas Government Code, as amended, or as otherwise allowed by law, as follows.
A. ID 21-2778 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071.
Receive information from staff, consult with the City’s attorneys, and provide direction
pertaining to the status, strategy, and possible resolution of condemnation case styled City
of Denton v. R. Eric Fullerton and Marla R. Fullerton, Cause Number PR-2021-001158,
pending in the Probate Court of Denton County, Texas, where discussion of these legal
matters in an open meeting would conflict with the duty of the City’s attorneys to the City
of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position in
pending litigation.
DELIBERATED
B. ID 21-2803 Deliberations regarding Real Property - Under Texas Government Code Section
551.072; Consultation with Attorneys - Under Texas Government Code Section
551.071. Receive information from staff, discuss, deliberate, and provide staff with direction
pertaining to the potential acquisition of real property interests in the N. Wade Survey,
Abstract No. 1407 Denton County, Texas, and located generally on the west side of N.
Bonnie Brae Road, between Windsor Drive and Riney Road, within the City of Denton.
Consultation with the City’s attorneys regarding legal issues associated with the potential
acquisition or condemnation of the real property interests described above where a public
discussion of these legal matters would conflict with the duty of the City’s attorneys to the
City of Denton and the Denton City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position
in any administrative proceeding, negotiation, or potential litigation.
DELIBERATED
The closed meeting started at 5:15 p.m. and ended at 5:38 p.m. No votes or actions were taken
during the closed meeting.
SPECIAL CALLED MEETING
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Meeting on Tuesday, December 14, 2021, at 6:30 p.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas.
PRESENT: Mayor Gerard Hudspeth, Mayor Pro Tem Paul Meltzer and Council Members Vicki
Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor
ABSENT: None
Also present were Interim City Manager Sara Hensley and City Attorney Mack Reinwand.
City of Denton City Council Minutes
December 14, 2021
Page 4
The posted agenda noted the registration process for both in-person, call-in, and virtual
public participation at this meeting. While citizen commentary received via the online
registration process was not read, each member for the City Council received each online
commentary as it was submitted. Both in-person, call-in, and online comments received are
reflected in the exhibit to the minutes of this meeting.
1. CONSENT AGENDA
The Consent Agenda consisted of Items 1. A-BA. During the Work Session held earlier in the day,
Items 1.J (21-2647), 1.K (21-2648), and 1.S (21-2532) were pulled for Individual Consideration
by Council Member Davis and Item 1.S (21-2532) was pulled for Individual Consideration by
Council Member Armintor.
Council Member Davis moved to adopt the Consent Agenda, now consisting of Items 1.A-I, L-R
and T-BA. Motion seconded by Council Member Beck. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis,
Maguire, and Armintor
NAYS (0): None
A. ID 21-2378 Consider approval of the minutes of December 6, 2021.
APPROVED
B. ID 21-2375 Consider nominations/appointments to the City’s Boards, Commissions, and
Committees: Health & Building Standards Commission.
APPROVED
Appointments listed on Exhibit B.
C. ID 21-2568 Consider adoption of an ordinance approving a Pipeline Crossing Agreement by
and between the City of Denton and the Union Pacific Railroad Company relating to the
location of a City wastewater pipeline within the railroad right-of-way located at Mile Post
722.69, Choctaw Subdivision, within the County and City of Denton, Texas; authorizing the
City Manager to execute the Agreement and pay the $7,600.00 license fee; authorizing the
expenditure of funds; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-2568
D. ID 21-2574 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to execute an Agreement for Street Lighting Service between Oncor Electric
Delivery Company LLC and the City; authorizing the expenditure of funds; and providing
an effective date.
ASSIGNED ORDINANCE NO.21-2574
City of Denton City Council Minutes
December 14, 2021
Page 5
E. ID 21-2570 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to execute a Supplement to the Agreement for Street Lighting Service between
Oncor Electric Delivery Company LLC and the City of Denton for Country Club Terrace
Phases 1 and 2; authorizing the expenditure of funds; and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-2570
F. ID 21-2632 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing a new Line Extension Policy for Denton Municipal
Electric (DME) to govern customer aid-in-construction contributions for new or revised
electric service; authorizing the expenditure of funds; providing for a repealer; and providing
an effective date.
ASSIGNED ORDINANCE NO. 21-2632
G. ID 21-2747 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the city manager to enter into reimbursement agreements,
joint use agreements, and crossing permits with the Texas Department of Transportation
(TXDOT) for Denton Municipal Electric work on TXDOT relocation and road widening
projects referenced as ROW CSJ 0196-01-114, ROW CSJ 0195-03-091, and ROW CCSJ
0195-03-074; authorizing the expenditure of funds; and declaring an effective date.
ASSIGNED ORDINANCE NO. 21-2747
H. ID 21-2626 Consider the adoption of an ordinance of the City of Denton adopting an updated
Downtown Reinvestment Grant Program Policy for the Downtown Reinvestment Grant
Program; providing a repealer; and providing an effective date. The Downtown Denton Tax
Increment Financing Reinvestment Zone No. 1 Board recommends approval (4-0).
ASSIGNED ORDINANCE NO. 21-2626
I. ID 21-2484 Consider approval of a resolution approving and adopting Administrative Policy
No 403.06 "Investment Policy"; and providing for an effective date.
ASSIGNED RESOLUTION NO. 21-2484
L. ID 21-2475 Consider approval of a resolution of the City of Denton authorizing the support
and adoption of the Texas Opioid Abatement Fund Council and Settlement Allocation Term
Sheet approving the allocation of any and all opioid settlement funds within the State of
Texas; and providing for an effective date.
ASSIGNED RESOLUTION NO. 21-2475
M. ID 21-2525 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Day of the Dead Festival, Inc. for the
payment and use of hotel tax revenue in support of the Denton Day of the Dead Festival; and
providing an effective date. ($17,340 - Community Partnership Committee recommends
approval 3-0)
ASSIGNED ORDINANCE NO. 21-2525
City of Denton City Council Minutes
December 14, 2021
Page 6
N. ID 21-2526 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Black Chamber of Commerce, Inc.
for the payment and use of hotel tax revenue in support of the Denton Blues Festival; and
providing an effective date. ($40,000 - Community Partnership Committee recommends
approval 3-0)
ASSIGNED ORDINANCE NO. 21-2526
O. ID 21-2527 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Black Film Festival Institute, Inc. for
the payment and use of hotel tax revenue in support of the Denton Black Film Festival; and
providing an effective date. ($40,750 - Community Partnership Committee recommends
approval 3-0)
ASSIGNED ORDINANCE NO. 21-2527
P. ID 21-2528 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Kiwanis Club of Denton, Breakfast, Denton,
Texas for the payment and use of hotel tax revenue in support of the Turkey Roll Bicycle
Rally; and providing an effective date. ($6,120 - Community Partnership Committee
recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2528
Q. ID 21-2529 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Chamber of Commerce, Inc.
(Discover Denton) for the payment and use of hotel tax revenue in support of Discover
Denton; and providing an effective date. ($1,396,655 - Community Partnership Committee
recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2529
R. ID 21-2531 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Community Market, Inc. for the
payment and use of hotel tax revenue in support of the Denton Community Market; and
providing an effective date. ($60,000 - Community Partnership Committee recommends
approval 3-0)
ASSIGNED ORDINANCE NO. 21-2531
T. ID 21-2533 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Festival Foundation, Inc. for the
payment and use of hotel tax revenue in support of the Denton Arts and Jazz Festival; and
providing an effective date. ($120,000 - Community Partnership Committee recommends
approval 3-0)
ASSIGNED ORDINANCE NO. 21-2533
City of Denton City Council Minutes
December 14, 2021
Page 7
U. ID 21-2534 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for
the payment and use of hotel tax revenue in support of the Denton Holiday Lighting Festival;
and providing an effective date. ($23,500 - Community Partnership Committee recommends
approval 3-0)
ASSIGNED ORDINANCE NO. 21-2534
V. ID 21-2535 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Central Business District Association,
Inc. for the payment and use of hotel tax revenue in support of the Denton Main Street
Association; and providing an effective date. ($35,700 - Community Partnership Committee
recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2535
W. ID 21-2537 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Denton Parks Foundation, Inc. for the
payment and use of hotel tax revenue in support of Juneteenth, Dog Days, and Splish Splash
Doggie Bash; and providing an effective date. ($75,000 - Community Partnership Committee
recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2537
X. ID 21-2539 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Greater Denton Arts Council, Inc. for the
payment and use of hotel tax revenue in support of art exhibitions and programming; and
providing an effective date. ($150,026 - Community Partnership Committee recommends
approval 3-0)
ASSIGNED ORDINANCE NO. 21-2539
Y. ID 21-2541 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Historic Denton, Inc. for the payment and use of
hotel tax revenue in support of historical and cultural tourism; and providing an effective
date. ($5,000 - Community Partnership Committee recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2541
Z. ID 21-2543 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the North Texas State Fair Association, Inc. for
the payment and use of hotel tax revenue in support of the North Texas Fair and Rodeo; and
providing an effective date. ($195,486 - Community Partnership Committee recommends
approval 3-0)
ASSIGNED ORDINANCE NO. 21-2543
City of Denton City Council Minutes
December 14, 2021
Page 8
AA. ID 21-2545 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Real Waves Radio Network, Inc. for the payment
and use of hotel tax revenue in support of KUZU Presents artist showcase; and providing an
effective date. ($6,400 - Community Partnership Committee recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2545
AB. ID 21-2546 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Tejas Storytelling Association for the
payment and use of hotel tax revenue in support of the City of Denton Texas Storytelling
Festival; and providing an effective date. ($57,079 - Community Partnership Committee
recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2546
AC. ID 21-2547 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Texas Filmmakers’ Corporation for the payment
and use of hotel tax revenue in support of the Thin Line Fest; and providing an effective date.
($19,340 - Community Partnership Committee recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2547
AD. ID 21-2548 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and the Texas Veterans Hall of Fame Foundation for
the payment and use of hotel tax revenue in support of programming and ceremonies; and
providing an effective date. ($14,000 - Community Partnership Committee recommends
approval 3-0)
ASSIGNED ORDINANCE NO. 21-2548
AE. ID 21-2550 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Theater Denton, Inc. for the payment and use of
hotel tax revenue in support of the 2022 Performance Season; and providing an effective
date. ($20,430 - Community Partnership Committee recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2550
AF. ID 21-2678 Consider approval of a resolution of the City of Denton authorizing the
submission of an application to the Texas Department of Transportation (TXDOT) for the
2023 General Traffic Safety Grant Program in the amount of $149,000 to provide blood draw
services on Driving While Intoxicated arrests; and providing for an effective date.
ASSIGNED ORDINANCE NO. 21-2678
AG. ID 21-2680 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a first amendment to a Professional
Services Agreement between the City of Denton and Freese and Nichols, Inc., amending the
contract approved by City Council on September 22, 2020, in the not-to-exceed amount of
$1,472,700.00; said first amendment to provide additional design services for the Ray
City of Denton City Council Minutes
December 14, 2021
Page 9
Roberts Water Treatment Plant Uprating and Performance Improvements project; providing
for the expenditure of funds therefor; and providing an effective date (RFQ 6590-093 -
providing for an additional first amendment expenditure amount not-to-exceed $663,310.00,
with the total contract amount not-to-exceed $2,136,010.00).
ASSIGNED ORDINANCE NO. 21-2680
AH. ID 21-2681 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Gupta & Associates, Inc., to provide project management, data collection,
contract reviews, contract matrix development, and post-analysis services support for the
Hobson Lift Station Upgrade Project for the Water Utilities Division; providing for the
expenditure of funds therefor; and providing an effective date (RFQ 7574-001 - Professional
Services Agreement for project services awarded to Gupta & Associates, Inc., in the not-to-
exceed amount of $60,543.00).
ASSIGNED ORDINANCE NO. 21-2681
AI. ID 21-2682 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Kimley-Horn and Associates, Inc., to provide project management, data
collection, contract reviews, contract matrix development, and post-analysis services support
for the Water Resource Management Analysis Project for the Water Utilities Division;
providing for the expenditure of funds therefor; and providing an effective date (RFQ 7574-
007 - Professional Services Agreement for analysis services awarded to Kimley-Horn and
Associates, Inc., in the not-to-exceed amount of $95,000.00).
ASSIGNED ORDINANCE NO. 21-2682
AJ. ID 21-2683 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with AdComp
Systems, Inc., for payment and self-service kiosk solutions and professional services for the
Customer Service Department; providing for the expenditure of funds therefor; and
providing an effective date (RFP 7709 - awarded to AdComp Systems, Inc., for one (1) year,
with the option for four (4) additional one (1) year extensions, in the total five (5) year not-
to-exceed amount of $460,000.00).
ASSIGNED ORDINANCE NO. 21-2683
AK. ID 21-2684 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Raba Kistner,
Inc., for construction material testing and geotechnical investigation services for the Streets,
Utilities, and Engineering Departments; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 7742 - awarded to Raba Kistner, Inc., for three (3) years,
with the option for two (2) additional one (1) year extensions, in the total five (5) year not-
to-exceed amount of $2,640,000).
ASSIGNED ORDINANCE NO. 21-2684
City of Denton City Council Minutes
December 14, 2021
Page 10
AL. ID 21-2685 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Pro Tech
Services LLC, for the design, removal of existing equipment, installation, and completion of
replacement equipment of the vehicle wash retrofit-rebuild for the Solid Waste and
Recycling Department; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7820 - awarded to Pro Tech Services LLC, for one (1) year, with the
option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed
amount of $635,400.00).
ASSIGNED ORDINANCE NO. 21-2685
AM. ID 21-2686 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Construction Manager At
Risk contract with McCarthy Building Companies, Inc., for pre-construction services of
Southeast Denton Package - B Improvements for the Capital Projects Department; providing
for the expenditure of funds therefor; and providing an effective date (RFQ 7714 - CMAR
awarded to McCarthy Building Companies, Inc., in the not-to-exceed amount of $174,955.00
for pre-construction services).
ASSIGNED ORDINANCE NO. 21-2686
AN. ID 21-2687 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, for approval of a pre-qualified professional services list of various
types of engineers for Denton Municipal Electric; and providing an effective date (RFQ 7804
- for a two (2) year, with the option for one (1) additional one (1) year extension, in the total
three (3) year term).
ASSIGNED ORDINANCE NO. 21-2687
AO. ID 21-2688 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Mabak
Directional Drilling, Inc., for dry auger bore directional drilling for Denton Municipal
Electric, Water, and Wastewater Departments; providing for the expenditure of funds
therefor; and providing an effective date (CSP 7651 - awarded to Mabak Directional Drilling,
Inc., in the not-to-exceed amount of $5,000,000.00).
ASSIGNED ORDINANCE NO. 21-2688
AP. ID 21-2689 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Wells Fargo
Merchant Services, LLC, for debit/credit card processing for all City departments; providing
for the expenditure of funds therefor; and providing an effective date (RFP 7436 - awarded
to Wells Fargo Merchant Services, LLC, in the five (5) year not-to-exceed amount of
$5,000,000.00).
ASSIGNED ORDINANCE NO. 21-2689
City of Denton City Council Minutes
December 14, 2021
Page 11
AQ. ID 21-2690 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Pavecon
Public Works LP, for the construction of the 2020 Street Bundle - Sector I Project with
geographical limits as follows: Thunderbird Drive from Colonial Drive to Crestmeadow
Street, Greenway from Windsor Farms to the southern dead end, Brook Hollow Drive from
Greenway to Carriage Hill, Carriage Hill from Brook Hollow to Thunderbird, Lakewood
Drive from Greenway to Carriage Hill, and Augusta from Colonial Drive to 2900 Augusta
Drive; providing for the expenditure of funds therefor; and providing an effective date (CSP
7803 - awarded to Pavecon Public Works LP, in the not-to-exceed amount of $3,780,075.23).
ASSIGNED ORDINANCE NO. 21-2690
AR. ID 21-2691 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Burns & McDonnell, Engineering Company Inc., to provide engineering
and professional services to the DME Electric Engineering Department as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date
(RFQ 7740 - Professional Services Agreement for engineering and professional services
awarded to Burns & McDonnell, Engineering Company Inc., in the three (3) year not-to-
exceed amount of $1,500,000.00).
ASSIGNED ORDINANCE NO. 21-2691
AS. ID 21-2692 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with Teague Nall and Perkins, Inc., for design services for Neighborhood 7A
Improvements for the Capital Projects/Engineering Department as set forth in the contract;
providing for the expenditure of funds therefor; and providing an effective date (RFQ 7599-
003 - Professional Services Agreement for design services awarded to Teague Nall and
Perkins, Inc., in the not-to-exceed amount of $726,610.00).
ASSIGNED ORDINANCE NO. 21-2692
AT. ID 21-2693 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the approval of a first amendment to an Administrative
Services Agreement between the City of Denton and United Behavioral Health dba Optum,
amending the contract approved by purchasing on February 1, 2021; said first amendment
for Employee Assistance Program services for the City of Denton employees; providing for
the expenditure of funds therefor; and providing an effective date (RFP 7776 - Employee
Assistance Program (EAP)) - awarded to United Behavioral Health dba Optum, for three (3)
years, with the option for two (2) additional one (1) year extensions, in the total five (5) year
($1.53 per employee per month (pepm)) not-to-exceed amount of $172,000.00).
ASSIGNED ORDINANCE NO. 21-2693
AU. ID 21-2696 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a Professional Services
Agreement with HDR Engineering, Inc., for design services for Neighborhood 4
City of Denton City Council Minutes
December 14, 2021
Page 12
Improvements for the Capital Projects/Engineering Department as set forth in the contract;
providing for the expenditure of funds therefor; and providing an effective date (RFQ 7599-
004 - Professional Services Agreement for design services awarded to HDR Engineering,
Inc., in the not-to-exceed amount of $714,448.81).
ASSIGNED ORDINANCE NO. 21-2696
AV. ID 21-2698 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Osmose
Utilities Services, Inc., for pole inspection services for Denton Municipal Electric; providing
for the expenditure of funds therefor; and providing an effective date (RFP 7796 - awarded
to Osmose Utilities Services, Inc., in the two (2) year not-to-exceed amount of $300,000.00).
ASSIGNED ORDINANCE NO. 21-2698
AW. ID 21-2699 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a contract with Touchphrase
Development LLC dba Julota, for Mental Health Division Software for the Denton Police
Department; providing for the expenditure of funds therefor; and providing an effective date
(RFP 7805 - awarded to Touchphrase Development LLC dba Julota, for one (1) year, with
the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-
exceed amount of $165,417.00).
ASSIGNED ORDINANCE NO. 21-2699
AX. ID 21-2756 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to authorize the spend for an insurance
binder to Archer Contingent Energy Risk, LLC, for forced outage insurance of the Denton
Energy Center for the Winter of 2021-2022; providing for the expenditure of funds therefor;
and providing an effective date (RFP 7871 - authorizing the spend for power plant forced
outage insurance coverage or products and awarding such insurance binder to Archer
Contingent Energy Risk, LLC, for the Winter of 2021-2022, in the not-to-exceed amount of
$575,000.00).
ASSIGNED ORDINANCE NO. 21-2756
AY. ID 21-2536 Consider adoption of an ordinance of the City of Denton ratifying and approving
a City co-sponsorship to the Denton Holiday Lighting Festival Association, Inc., in an
amount not to exceed $43,222.00 of in-kind services and resources for the annual Denton
Holiday Lighting Festival, which was held on Friday, December 3, 2021; at the Historic
Downtown Square; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-2536
AZ. ID 21-2611 Consider adoption of an ordinance of the City of Denton authorizing the City
Manager to allow the Cross Country Park Rental Agreement to be used as an agreement
between the City of Denton Parks and Recreation Department and potential park rental
groups for cross country events in the parks; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-2611
City of Denton City Council Minutes
December 14, 2021
Page 13
BA. ID 21-2734 Consider adoption of an ordinance of the City of Denton adopting and approving
a Chapter 284 Wireless Service Pole Collocation Attachment License Agreement
("Agreement") with Cellco Partnership D/B/A Verizon Wireless; authorizing the City
Manager to execute the Agreement; and providing an effective date.
ASSIGNED ORDINANCE NO. 21-2734
ITEMS PULLED FOR INDIVIDUAL CONSIDERATION
J. ID 21-2647 Consider adoption of an ordinance of the City of Denton approving and
authorizing the City Manager to execute an Interlocal Cooperation Agreement between the
City of Denton and Denton County for Ambulance Services; and declaring an effective date.
ASSIGNED ORDINANCE NO. 21-2647
The item was pulled for Individual Consideration by Council Member Davis.
Council Member Davis had a conflict of interest and left the Council Chambers.
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
Council Member Beck moved to adopt the item as presented. Motion seconded by Council
Member Maguire. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Maguire, and Armintor
NAYS (0): None
ABSTAIN (1): Council Member Davis
K. ID 21-2648 Consider adoption of an ordinance of the City of Denton approving and
authorizing the City Manager to execute an Interlocal Cooperation Agreement between the
City of Denton and Denton County for Fire Protection Services; and declaring an effective
date.
ASSIGNED ORDINANCE NO. 21-2648
The item was pulled for Individual Consideration by Council Member Davis.
Council Member Davis had a conflict of interest and left the Council Chambers.
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
City of Denton City Council Minutes
December 14, 2021
Page 14
Council Member Maguire moved to adopt the item as presented. Motion seconded by Mayor
Pro Tem Meltzer. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Maguire, and Armintor
NAYS (0): None
ABSTAIN (1): Council Member Davis
S. ID 21-2532 Consider adoption of an ordinance authorizing the City Manager to execute an
agreement between the City of Denton and Denton County for the payment and use of hotel
tax revenue in support of the Denton County Museums; and providing an effective date.
($235,500 - Community Partnership Committee recommends approval 3-0)
ASSIGNED ORDINANCE NO. 21-2532
The item was pulled for Individual Consideration by Council Members Davis and Armintor.
Council Member Davis had a conflict of interest and left the Council Chambers.
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
Following commentary, Mayor Hudspeth moved to adopt the item as presented. Motion
seconded by Council Member Byrd. Motion carried.
AYES (5): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
and Maguire
NAYS (1): Council Member Armintor
ABSTAIN (1): Council Member Davis
2. PUBLIC HEARINGS
A. ID 21-2556 Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas amending the Solid Waste and Recycling Criteria Manual; and providing for
severability, a savings clause and an effective date. (ID 21-2556, Ron Menguita)
ASSIGNED ORDINANCE NO. 21-2556
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
The public hearing was opened and with no speakers in the queue, the public hearing was
closed.
City of Denton City Council Minutes
December 14, 2021
Page 15
Council Member Davis moved to adopt the item as presented. Motion seconded by Council
Member Armintor. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
B. ID 21-2557 Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas amending the Stormwater Criteria Manual; and providing for severability, a
savings clause and an effective date. (ID 21-2557, Ron Menguita)
ASSIGNED ORDINANCE NO. 21-2557
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
The public hearing was opened and with no speakers in the queue, the public hearing was
closed.
Council Member Davis moved to adopt the item as presented. Motion seconded by Council
Member Maguire. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
C. ID 21-2558 Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas amending the Transportation Criteria Manual; and providing for severability,
a savings clause and an effective date. (ID 21-2558, Ron Menguita)
ASSIGNED ORDINANCE NO. 21-2558
There were no online registrations or call-ins on the item.
The item was not presented or discussed.
The public hearing was opened and with no speakers in the queue, the public hearing was
closed.
Following commentary, Council Member Davis moved to adopt the item as presented.
Motion seconded by Council Member Beck. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
City of Denton City Council Minutes
December 14, 2021
Page 16
D. ID 21-2559 Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas amending the Water and Wastewater Criteria Manual; and providing for
severability, a savings clause and an effective date. (ID 21-2559, Ron Menguita)
ASSIGNED ORDINANCE NO. 21-2559
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
The public hearing was opened and with no speakers in the queue, the public hearing was
closed.
Council Member Davis moved to adopt the item as presented. Motion seconded by Council
Member Maguire. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
3. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 21-2801 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, extending the effective period of the declared state of local disaster
related to the COVID-19 emergency as provided in ordinance no. 21-1825 to March 31,
2022; superseding and replacing the seventeenth order of council of the City of Denton issued
November 16, 2021 approved by ordinance no. 21-2432; providing a repealer clause, and
providing an effective date.
ASSIGNED ORDINANCE NO. 21-2801
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Council Member Beck moved to adopt the item as presented. Motion
seconded by Council Member Armintor. Motion carried.
AYES (4): Mayor Pro Tem Meltzer and Council Members Beck, Maguire, and Armintor
NAYS (3): Mayor Hudspeth and Council Members Byrd and Davis
B. ID 21-2808 Consider adoption of an ordinance of the City Council of the City of Denton
approving the redistricting of the city’s single-member council districts and establishing new
district boundary lines based on 2020 census data for Denton City Council elections; and
providing for an effective date.
ASSIGNED ORDINANCE NO. 21-2808
City of Denton City Council Minutes
December 14, 2021
Page 17
All members of the City Council received the comments as submitted and had the
opportunity to review all submissions prior to the start of the meeting and consider such
comments when voting on the item. The summary of public commentary/registrations are
noted in Exhibit A.
The item was presented and discussion followed.
Citizen comments received are noted in Exhibit A.
Mayor Hudspeth noted the number of comment cards submitted from those who did not wish
to speak but simply state their position on the item; see Exhibit A.
Council Member Byrd called a Point of Order seeking clarification on where the Council
was on the item (discussion or taking a motion/second. Mayor Hudspeth ruled the item was
at the point for discussion.
Following discussion, Mayor Hudspeth moved to deny the item as presented (Plan B).
Motion seconded by Council Member Davis. Motion to deny failed.
AYES (2): Mayor Hudspeth and Council Member Davis
NAYS (5): Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and
Armintor
Following further discussion, Council Member Beck moved to adopt the item as presented
(Plan B). Motion seconded by Council Member Maguire. Motion carried.
AYES (5): Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and
Armintor
NAYS (2): Mayor Hudspeth and Council Member Davis
C. ID 21-2787 Consider a resolution of the City of Denton consenting to the creation of Denton
County Municipal Utility District No. 12, encompassing approximately 1018 acres of land,
located within the extraterritorial jurisdiction of the City of Denton, Texas or the addition of
1018 acres of land, located within the extraterritorial jurisdiction of the City of Denton, Texas
into La La Ranch Municipal Utility District of Denton County; and providing an effective
date. (ID 21-2787, La La Ranch, Tina Firgens)
ITEM POSTPONED AT STAFF'S REQUEST
The item was postponed at Staff’s request.
D. ID 21-2634 Consider adoption of an ordinance of the City of Denton amending the provisions
of Chapter 6 of the Code of Ordinances by amending Section 6-2 "definitions" by providing
definitions for key terms and removing the definition of "dangerous animal" to replace it
with the definition of "dangerous dog"; by amending article II of Chapter 6 of the Code of
City of Denton City Council Minutes
December 14, 2021
Page 18
Ordinances regarding dangerous dogs by changing the title of article II to "dangerous dogs";
amending the complaint filing process, outlining ramifications for failure to comply, and
outlining and implementing a dangerous dog registry; providing for a severability clause;
providing for a savings clause; providing for a penalty; providing for codification; and
providing an effective date.
ASSIGNED ORDINANCE NO. 21-2634
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Council Member Armintor moved to adopt the item as presented.
Motion seconded by Council Member Beck. Motion carried.
AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, Maguire, and Armintor
NAYS (0): None
E. ID 21-2701 Consider adoption of an ordinance of the City of Denton, a Texas home-rule
municipal corporation, authorizing the City Manager to execute a design-build agreement
with Beta Engineering, LLC, for the design and construction of the Hickory Gas Insulated
Substation (GIS) for Denton Municipal Electric; providing for the expenditure of funds
therefor; and providing an effective date (RFQ 7670 - awarded to Beta Engineering, LLC, in
the not-to-exceed amount of $40,469,000.00).
ASSIGNED ORDINANCE NO. 21-2701
There were no online registrations or call-ins on the item.
The item was presented and discussion followed.
Following discussion, Mayor Hudspeth moved to adopt the item as presented. Motion
seconded by Mayor Pro Tem Meltzer. Motion carried.
AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck,
Davis, and Maguire
NAYS (1): Council Member Armintor
4. CONCLUDING ITEMS
Council Members expressed items of interest.
City of Denton City Council Minutes
December 14, 2021
Page 19
With no further business, the meeting was adjourned at 8:24 p.m.
____________________________________ ____________________________________
GERARD HUDSPETH CATHY WELBORN
MAYOR ASSISTANT CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
MINUTES APPROVED ON: ____________________________________
Name Last Address City Agenda Item Position Method Comments
Willie Hudspeth 623 Newton Street Denton 21-2808 Opposed In Person The Beck plan is basically for Council Member Beck,not for me,not for my community;it's for Beck.
Now what it is going to get is removal from City Council.Will work as hard Doesn't understand whythe
other people aresupporting the plan.But every TuesdayI'm callingitpoliticalday and will start raisingup
some of these issues.
Nathanial Johnson 6109 Thoroughbred Trail Denton 21-2808 Support In Person Standing in proxy for his mother.There was a lot of confusion with the redistricting;people did not
understand it.Contacted to understand the redistricting process;many people thought it was effecting the
neighborhood.Spoke with his mother and that having the Council Member for District 1 be in control of
the landfill. Should support the redistricting for those in south east Denton.
Juliane Remski 11904 Glenbrook Denton 21-2808 Opposed In Person Appreciates the additional time to speak with Council again.Issue all along has not been weather to
redistrict or not redistrict but the process.Questioned Council if at anytime since the plan was done
privately the four or fiveCouncil Members have anydiscussion among themselves as a group to reinforce
eachother's stanceforplan B to help provide rationale to each other;are they willing to go on record they
did not.
Don Hicks Not Provided Denton 21-2808 Opposed In Person Realtor inRobson Ranch;people he works withand for do notwant tomoved from District 3to District 4.
There area lot of interestingthings theCouncil needsto bereminded of:1.Residents of Robson ranch pay
school taxes but we don't have any kids in school;2.Not forget roads are maintained by them.The
important thing is there is suppose to be representation on the Council for Robson Ranch.Requested
Council to remember whom they represent as a City;true colors are coming out when you are obviously
trying to push through a political agenda.
Barbara Rodman 2102 Azalea Street Denton 21-2808 Support Telephone Reiterated thesupportshehas expressed inletters totheCityfor the redistrictingplan submitted byCouncil
Member Beck.Not only does she support plan Bbecause it reunites her neighborhood (Denia)with other
areas which share culture and demographic values,but because it is the best plan for Denton as a whole.
Brings communities together that are similarand thatwere divided 10 years ago.Believes the Councilhas
done whatitis required todowhich is to act on behalf ofthe majority ofthe residentsof the City ofDenton
by developing a plan that meets the ethical and legal obligations of any redistricting plan.
Emily Deacon 2105 Carriage Hill Denton 21-2808 Support In Person Fully supports Brian Beck's proposal because he and his community know they are not represented by
Robson Ranch.Robson Ranch isa community that is 55+which is not representtive of his community.So
if they could be moved that would be awesome.
Zachary Cathcart 2105 Carriage Hill Denton 21-2808 Support In Person As a resident ofDistrict 3,wants to put his support behind the redistricting proposal of Council Member
Beck.As someone who lives far north,does not feel there is a lot in common with those that live as far
south of Denton asyou can get.Does notfeel like a match;Council Member Davis has aneasyjob bridging
the gap between all the various interest groups.Plan B feels like a more natural fitand whatwe want for
the future of the City.
Brett Davis 1014 Mack Drive Denton 21-2808 Support In Person UNT Graduate speaking in favor of Council Member Beck's redistricting map.Showed views of Robson
Ranch Golf Course and ofFryStreet;clearlythese two areasare completely different;why do they belong
together unless to dilute voices.
Mat Pruneda 1225 Tulane Drive Denton 21-2808 Support Telephone Voicedsupport fortheredistricting.As a person that follows local politics,understandstheconsulting team
opted to do nothing for redistricting.Knowing how Denton is going to grow in the next few years,thinks
either one oftheplansdoesallow forgrowth and won't imbalance theCityof Denton in thenext fiveyears.
Having looked at Council Member Beck's plan,does keep communities of interest together and that is the
primary goal of any redistricting.
Ryan Simgrin 1014 Mack Place Denton 21-2808 Support In Person A UNT sculpture student,here to say in favor of Council Member Beck's plan removing Robson Ranch
from District 3.Does not have many of the same similarities as those who live in Robson Ranch and
believes neighborhoods closer to UNT campus stay together with RobsonRanch,Like many students and
peoplehisage who arealready discouraged with local politics,will feel likethe people that representthem
don't have their best interest at heart .
Liam Gaume-Wakefield 411 Ponder Avenue Denton 21-2808 Support In Person In favor of Council Member Beck'sproposal as it would align the districts with communities of interest.It
wouldallow forthe area around the landfillaccess to their CityCouncilMember and to have someonethat
knows how it is to live by the landfill. Does not see how Council Member Beck's plan is gerrymandering.
December 14, 2021 City Council Special Called Meeting - EXHIBIT A
Speaker Commentaries/Registrations
Online, Email, Phone
NOTE: Comments for those citizens addressing the City Council are an abbreviated summary. Information contained within this exhibit includes only commentary for Open Microphone, Consent, Individual Consideration and Public Hearing Items.
BOARD/COMMITTEE/COMMISSION COUNCIL
PLACE
NOMINATING
CCM
MEMBER
FIRST NAME NEW TERM STATUS &
QUALIFICATION OR PREFERENCE, IF ANY
Health & Building Standards Commission ALL - ALT - 1 Armintor Cyndell Addison
UNEXPIRED
July 1, 2020
through
June 30, 2022
New
Qualif. 6: Other
Agenda Item 4.B (ID 21-2375)
EXHIBIT B
December 14, 2021
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-076,Version:1
AGENDA CAPTION
Consider appointment to the Tax Increment Reinvestment Zone Number Two (Westpark TIRZ)Board of
Directors.
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
ACM; David Gaines
DATE: January 11, 2022
SUBJECT
Consider appointment to the Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Board of
Directors.
BACKGROUND
On December 17, 2012, the City Council adopted an Ordinance No. 2012-366 designating and describing
the boundaries of Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) to provide the public
infrastructure necessary to encourage development in the largest industrially zoned area in the City.
Current TIRZ No. Two Board Structure
The TIRZ board is comprised of 14 members. The City Council appoints 12 members, which is comprised
of the Economic Development Partnership Board (EDPB). The governing body of Denton County, which
levies taxes on real property in TIRZ Number Two, appointed one board member, Alex Payne. Rayzor
Investments LLP, the "Developer," appointed Selwyn Rayzor.
The 14 Westpark TIRZ board members serve two-year terms and may serve as many as three terms. The
board consists of the members in the chart below.
Member Seat
Jesse Davis City Council
Gerard Hudspeth City Council
Lee Ramsey Denton Chamber Board of Directors
Jill Jester Denton Chamber Board of Directors
Steve Edgar Top 20 Taxpayer
Tina Albert Top 20 Taxpayer
Jason Tomlinson* TWU President/Chancellor /Designee
Susan Holmes* UNT President/Designee
Jimmy Mejia Hispanic Chamber of Commerce
Kerry Gorre Denton Black Chamber of Commerce
Bob Eames Aviation
Tony Clark At-Large
Selwyn Rayzor* Developer
Alex Payne Denton County
*The Developer, President of UNT and the Chancellor/President of TWU or his/her designee are not restricted to the three-
term limit. However, the university members must be reappointed by City Council for each term.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
At the August 17, 2021 City Council meeting, Council appointed Gerard Hudspeth, Bob Eames, Jill Jester,
Tina Albert, Susan Holmes and Kerry Gorre to the EDPB. John Baines completed his third term on the
Board and was replaced by Kerry Gorre. Through that appointment, those members were also made
concurrent members of the Westpark TIRZ.
At the December 7, 2021 City Council meeting, Council confirmed the following EDPB members as
Westpark TIRZ members: Gerard Hudspeth, Bob Eames, Jill Jester, Tina Albert and Susan Holmes. Jill
Jester was also appointed as Board Chair. John Baines completed his third term on the Board and was
replaced by Kerry Gorre. Kerry Gorre was inadvertently excluded from the staff recommendation for
appointments (denoted in blue). This item corrects this previous clerical error.
The members noted in green above, Selwyn Rayzor and Alex Payne, were appointed by the Developer and
Denton County, respectively. Alex Payne has agreed to serve for his third and final term.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
December 7, 2021: The Denton City Council made appointments to the Tax Increment Reinvestment Zone
Number Two Board of Directors.
August 17, 2021: The Denton City Council made appointments to the Economic Development Partnership
Board.
RECOMMENDATION
Staff recommends appointment of Kerry Gorre as a member of the Tax Increment Reinvestment Zone
Number Two Board of Directors.
EXHIBITS
1. Agenda Information Sheet
2. January 11, 2022 Appointment
Respectfully submitted:
Erica Sullivan
Economic Development Program Administrator
Seat Appointee
STATUS &
QUALIFICATION OR PREFERENCE, IF
ANY
Denton Black Chamber of Commerce Kerry Gorree New
EXHIBIT 2
Agenda Item (ID 22-076) - Tax Increment Reinvestment Zone Number Two (Westpark TIRZ) Board of Directors Appointment
Term
October 1, 2021 through September 30, 2023
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-001,Version:1
AGENDA CAPTION
Consider adoption of an ordinance authorizing the City Manager to execute the Amendment No. 2 to
the “Memorandum of Understanding - The Environment” between the City of Denton and the
University of North Texas which provides for the extension of the terms of said agreement until
September 30, 2026; providing for the expenditure of funds therefor; and providing an effective date.
(The Memorandum of Understanding establishes conditions for conducting small, short term research projects
between the City of Denton and the University of North Texas.)
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Environmental Services and Sustainability
IACM: Tiffany Thomson
DATE: January 11, 2021
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute the Amendment No. 2 to the
“Memorandum of Understanding - The Environment” between the City of Denton, and the University of
North Texas which provides for the extension of the terms of said agreement until September 30, 2026;
providing for the expenditure of funds therefor; and providing an effective date. (The Memorandum of
Understanding establishes conditions for conducting small, short term research projects between the City
of Denton and the University of North Texas.)
BACKGROUND
The City of Denton established a Memorandum of Understanding (MOU) with the University of North
Texas (“UNT”) in May 2003 to streamline the process of performing collaborative environmental
projects. Prior projects have involved projects such as mosquito assessment/ control and tree planting
survival. As discussed on the attached Ordinance this MOU has been amended once before and extended
several times. The most recent MOU expired on September 30, 2021.
Both the City of Denton and UNT see value in continuing the MOU. Individual projects under this MOU
may not exceed $25,000 per project and the total amount of research dollars may not exceed $100,000 per
contract year. Each project under the MOU will have a Scope of Services agreed upon by both parties
prior to commencement.
Amendment No. 2 to the MOU will extend the MOU through September 30, 2026. This MOU
itself does not authorize and expenditure of any funds, and any funds expended under the conditions of
the MOU are required to go through standard approval processes of the City of Denton. It is also
important to note that the proposed amendment does not represent any changes to the current MOU other
than changing the expiration date.
RECOMMENDATION
Staff recommends approval of the Ordinance and Amendment No. 2 to the MOU to extend through
September 30, 2026.
FISCAL INFORMATION
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
None. Projects that use the MOU will be funded from various budgeted accounts, depending upon the
project.
EXHIBITS
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Ordinance and Amendment
Exhibit 3 – Original MOU
Respectfully submitted:
Tiffany Thomson
Interim Assistant City Manager
Prepared by:
Michael A. Gange
Director, Environmental Services and Sustainability
City of Denton
Page 1 of 2
ORDINANCE NO. ___________
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT NO. 2 TO THE “MEMORANDUM OF UNDERSTANDING – THE
ENVIRONMENT” BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH
TEXAS WHICH PROVIDES FOR THE EXTENSION OF THE TERMS OF SAID
AGREEMENT UNTIL SEPTEMBER 30, 2026; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFECTIVE DATE.
WHEREAS, the Public Utilities Boards approved a “Memorandum of Understanding –
The Environment” (“MOU”) prior to the May 13, 2003 City Council meeting, and at such meeting
the City Council approved the MOU by and between the City and the University of North Texas,
by Ordinance 2003-119, which authorized participation in various research projects originated by
the City of Denton, and which MOU was for a term of three (3) years from and after May 1, 2003;
and
WHEREAS, on May 2, 2006, the City Council then approved a three-year extension of the
above-referenced MOU entitled “Amendment No. 1 to the Memorandum of Understanding,” by
Ordinance No. 2006-111; and
WHEREAS, on May 18, 2009, a further extension of the MOU was approved by the Legal
Department, was then presented and approved by the Public Utilities Board; and thereafter, the
City Manager duly executed said extension of said MOU for the period running from May 1, 2009
through September 30, 2013; and
WHEREAS, thereafter, on April 16, 2013, the City Council approved a three-year
extension of the above-referenced MOU through Ordinance 2013-105; and
WHEREAS, thereafter, on April 26, 2016, the City Council approved a five-year extension
of the above-referenced MOU through Ordinance 2016-128; and
WHEREAS, both City Staff and The University of North Texas presently desire to
continue the existence of the MOU for another extension term of five years, ending on September
30, 2026, as the relationship fostered by this MOU by and between the City and the University is
mutually beneficial to the residents of the City of Denton, Texas and
WHEREAS, Council is of the opinion that a further extension of the MOU is in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals in the preamble of this ordinance are incorporated into the body
of this ordinance as if set out fully herein.
Page 2 of 2
SECTION 2. The Interim City Manager, or her designee, is hereby authorized to execute
the “Amendment No. 2 Memorandum of Understanding – The Environment” (“Amendment No.
2”) by and between the City of Denton and The University of North Texas, providing for the
extension of the terms of said MOU through September 30, 2026; and is authorized to make the
expenditures provided for in said MOU; a copy of said Amendment No. 2 is attached hereto as
Exhibit “A” and is incorporated by reference.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and seconded
by _________________________________, the ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Bird, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the ____ day of _____________, 2022.
_______________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
By: _____________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By: _______________________________
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-061,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a contract with Custom Landscapes,Inc.dba Classic Landscapes &Maintenance,
for mowing and maintenance services for DME,Water Reclamation,and Water Production Departments,
Section F -Public Works/Utilities;providing for the expenditure of funds therefor;and providing an effective
date (RFP 7788 -awarded to Custom Landscapes,Inc.dba Classic Landscapes &Maintenance,for one (1)
year,with the option for four (4)additional one (1)year extensions,in the total five (5)year not-to-exceed
amount of $1,923,495.00).
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City of Denton
______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Custom Landscapes, Inc. dba Classic Landscapes
& Maintenance, for mowing and maintenance services for DME, Water Reclamation, and Water Production
Departments, Section F – Public Works/Utilities; providing for the expenditure of funds therefor; and
providing an effective date (RFP 7788 – awarded to Custom Landscapes, Inc. dba Classic Landscapes &
Maintenance, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total
five (5) year not-to-exceed amount of $1,923,495.00).
INFORMATION/BACKGROUND
The City’s current contracts, 7378 and 7254, with Classic Landscapes are scheduled to expire at the end of
2021. The proposed contract will allow Classic Landscapes to continue the mowing and maintenance of
current locations as well as new ones. The realistic expectation of having properly manicured turf and beds
in the City is the Parks and Recreation Department’s (PARD) responsibility to negotiate and oversee. The
City continues to grow rapidly and acquire new properties, all of which need to be maintained aesthetically
and economically in order to make Denton an attractive and appealing city. Staff assessed the volume
needed and developed sections for the services that could be awarded to multiple vendors. Classic
Landscapes is an established business that has the experience and equipment to support larger entities, as
well as their excellent past performance with the City, to competently perform the work required. In 2020
when PARD assumed responsibility for all City department mowing contracts, an evaluation was completed
to determine if these services should be contracted out or absorbed in-house. The evaluation determined
that due to the required equipment needs and staffing levels it was fiscally responsible to outsource the
services. With this, the proposed contracts have no impact on the current staffing levels.
Mowing is required to maintain safety and aesthetics as well as to maintain code compliance. The mowing
services provide the following benefits to the City of Denton:
1. It keeps the City in compliance with Community Improvement Services.
2. It keeps the turf aesthetically pleasing and helps to thwart the growth of weeds.
3. It keeps the areas free of litter and debris.
The anticipated cost breakdown is as follows. The contingency amount is to cover new properties and
vendor defaults.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 TOTAL
Sections F - Utilities $262,299 $270,168 $278,273 $286,621 $295,220 $1,392,581
Contingency $100,000 $103,000 $106,090 $109,273 $112,551 $530,914
Total $362,299 $373,168 $384,363 $395,894 $407,771 $1,923,495
Request for Proposals was sent to 138 prospective suppliers, including 17 Denton firms. In addition,
specifications were placed on the Materials Management website for prospective suppliers to download and
advertised in the local newspaper. Eleven (11) proposals were received, references were checked, and
proposals were evaluated based upon published criteria including availability, probable performance,
equipment, personnel, safety, and price. Best and Final Offers (BAFO) were requested from all firms. Based
upon this evaluation, Custom Landscapes, Inc. dba Classic Landscapes & Maintenance was ranked the
highest and determined to be the best value for the City for Section F – Public Works/Utilities.
NIGP Code Used for Solicitation: 988 – Services, roadside, grounds,
recreational, and park area services
Notifications sent for Solicitation sent in IonWave: 138
Number of Suppliers that viewed Solicitation in IonWave: 17
HUB-Historically Underutilized Business Invitations sent out: 14
SBE-Small Business Enterprise Invitations sent out: 66
Responses from Solicitation: 11
Below is the information Classic Landscapes & Maintenance provided regarding the wages they pay their
employees who will be assigned to the City’s contract.
Position Description Number of Assigned Employees Hourly Rate of Assigned Employees
Laborer 9 $16.00 to $18.00
Field Foreman 5 $18.00 to $21.00
Account Manager 2 salary
Due to the rise in Covid19 cases, this item will be taken retroactively to the Public Utilities Board once
meetings resume.
RECOMMENDATION
Award a contract with Custom Landscapes, Inc. dba Classic Landscapes & Maintenance, for mowing and
maintenance services for DME, Water Reclamation, and Water Production, Section F – Public
Works/Utilities, in a one (1) year, with the option for four (4) additional one (1) year extensions, in the total
five (5) year not-to-exceed amount of $1,923,495.
PRINCIPAL PLACE OF BUSINESS
Custom Landscapes, Inc. dba Classic Landscapes & Maintenance
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year
periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
These services will be funded through the using department’s budget on an as-needed basis. The City will
only pay for services rendered and is not obligated to pay the full contract amount unless needed.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Marshall McGee, 940-349-8430.
Legal point of contact: Marcella Lunn at 940-349-8333.
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
256
257 Old ARCO 1868 Geesling Rd -DME 20 Cycles $130.00 $2,600.00 $142.10 $2,842.00 $125.00 $2,500.00 $153.24 $3,064.80 $135.00 $2,700.00 $140.00 $2,800.00 $0.00 $0.00
258 Bonnie Brae Substation - 1221 N Bonnie Brae 20 Cycles $100.00 $2,000.00 $77.00 $1,540.00 $65.00 $1,300.00 $104.60 $2,092.00 $74.00 $1,480.00 $76.00 $1,520.00 $0.00 $0.00
259 Brinker Substation - 1950 Shady Oaks 7 Cycles $200.00 $1,400.00 $581.60 $4,071.20 $440.00 $3,080.00 $1,087.61 $7,613.27 $570.00 $3,990.00 $647.00 $4,529.00 $545.25 $3,816.75 $0.00 $0.00
260 Cooper Creek Substation - 2230 Audra Ln 7 Cycles $1,100.00 $7,700.00 $1,663.20 $11,642.40 $1,250.00 $8,750.00 $3,110.23 $21,771.61 $1,625.00 $11,375.00 $1,850.00 $12,950.00 $1,559.25 $10,914.75 $0.00 $0.00
261 Denton North Interchange - 4107 N Locust 20 Cycles $80.00 $1,600.00 $39.90 $798.00 $65.00 $1,300.00 $93.95 $1,879.00 $36.00 $720.00 $50.00 $1,000.00 $0.00 $0.00
262 Denton West Interchange - 5353 FM2449 7 Cycles $350.00 $2,450.00 $628.00 $4,396.00 $470.00 $3,290.00 $1,174.38 $8,220.66 $615.00 $4,305.00 $699.00 $4,893.00 $588.75 $4,121.25 $0.00 $0.00
263 Ft. Worth Substation - 4171 Ft. Worth Dr 20 Cycles $45.00 $900.00 $78.40 $1,568.00 $70.00 $1,400.00 $81.73 $1,634.60 $72.00 $1,440.00 $77.00 $1,540.00 $0.00 $0.00
264 Industrial Substation - 1950 Shady Oaks 7 Cycles $70.00 $490.00 $65.60 $459.20 $70.00 $490.00 $122.67 $858.69 $63.00 $441.00 $73.00 $511.00 $75.00 $525.00 $0.00 $0.00
265 Old Hickory Substation - 101 N Bonnie Brae 20 Cycles $45.00 $900.00 $35.70 $714.00 $70.00 $1,400.00 $71.53 $1,430.60 $34.00 $680.00 $50.00 $1,000.00 $0.00 $0.00
266 New Hickory Substation - 102 through 116 N Bonnie Brae 20 Cycles $110.00 $2,200.00 $110.60 $2,212.00 $100.00 $2,000.00 $84.20 $1,684.00 $100.00 $2,000.00 $109.00 $2,180.00 $0.00 $0.00
267 Jim Christal Substation - 8101 Jim Christal Rd 7 Cycles $450.00 $3,150.00 $25.00 $175.00 $60.00 $420.00 $11.97 $83.79 $10.00 $70.00 $60.00 $420.00 $75.00 $525.00
268 New Jim Christal Substation - 8101 Jim Christal Rd 7 Cycles $45.00 $315.00 $154.40 $1,080.80 $120.00 $840.00 $288.73 $2,021.11 $150.00 $1,050.00 $172.00 $1,204.00 $144.75 $1,013.25
269 Old Kings Row Substation - 1988 Kings Row 20 Cycles $45.00 $900.00 $25.00 $500.00 $65.00 $1,300.00 $46.98 $939.60 $24.00 $480.00 $50.00 $1,000.00
270 New Kings Row Substation - 2505 Kings Row 20 Cycles $130.00 $2,600.00 $190.40 $3,808.00 $165.00 $3,300.00 $204.33 $4,086.60 $180.00 $3,600.00 $188.00 $3,760.00
271 Old Locust Substation - 1304 S Locust St 20 Cycles $90.00 $1,800.00 $74.90 $1,498.00 $65.00 $1,300.00 $102.16 $2,043.20 $72.00 $1,440.00 $74.00 $1,480.00
272 New Locust Substation - just north of 1304 S Locust St 20 Cycles $90.00 $1,800.00 $131.60 $2,632.00 $115.00 $2,300.00 $173.66 $3,473.20 $125.00 $2,500.00 $130.00 $2,600.00
273 Masch Branch Substation - 4850 N Masch Branch Rd 7 Cycles $130.00 $910.00 $328.00 $2,296.00 $250.00 $1,750.00 $613.37 $4,293.59 $320.00 $2,240.00 $365.00 $2,555.00 $307.50 $2,152.50
274 McKinney Substation - 2520 E McKinney St 20 Cycles $130.00 $2,600.00 $200.20 $4,004.00 $170.00 $3,400.00 $214.56 $4,291.20 $190.00 $3,800.00 $197.00 $3,940.00
275 Old North Lakes Substation - 3400 N Bonnie Brae 20 Cycles $45.00 $900.00 $25.00 $500.00 $65.00 $1,300.00 $51.08 $1,021.60 $15.00 $300.00 $50.00 $1,000.00
276 New North Lakes Substation - 3400 N Bonnie Brae 20 Cycles $130.00 $2,600.00 $253.40 $5,068.00 $220.00 $4,400.00 $255.45 $5,109.00 $245.00 $4,900.00 $250.00 $5,000.00
277 Pockrus Substation - 3501 Pockrus Page Rd 20 Cycles $130.00 $2,600.00 $83.30 $1,666.00 $85.00 $1,700.00 $89.90 $1,798.00 $78.00 $1,560.00 $82.00 $1,640.00
278 RD Wells Substation - 3513 Jim Christal Rd 20 Cycles $120.00 $2,400.00 $132.30 $2,646.00 $100.00 $2,000.00 $112.40 $2,248.00 $125.00 $2,500.00 $130.00 $2,600.00
279 Teasley Substation - 2428 Hickory Creek Rd 20 Cycles $45.00 $900.00 $25.00 $500.00 $40.00 $800.00 $51.08 $1,021.60 $11.00 $220.00 $50.00 $1,000.00
280 4117 Winston Dr 20 Cycles $45.00 $900.00 $25.00 $500.00 $40.00 $800.00 $51.08 $1,021.60 $20.00 $400.00 $50.00 $1,000.00
281 Lots NE corner of Virginia St and University 7 Cycles $660.00 $4,620.00 $944.80 $6,613.60 $885.00 $6,195.00 $1,766.80 $12,367.60 $930.00 $6,510.00 $1,051.00 $7,357.00 $885.75 $6,200.25
282 Paisley Lots - 2805 and 2809 Paisley Lots 20 Cycles $90.00 $1,800.00 $38.50 $770.00 $60.00 $1,200.00 $81.78 $1,635.60 $43.00 $860.00 $50.00 $1,000.00
283 Paisley Lots - Lots west of Mockingbird Ct on Paisley 20 Cycles $170.00 $3,400.00 $102.90 $2,058.00 $100.00 $2,000.00 $163.48 $3,269.60 $95.00 $1,900.00 $101.00 $2,020.00
284 Pole Yard and Spencer Interchange 20 Cycles $350.00 $7,000.00 $478.80 $9,576.00 $420.00 $8,400.00 $551.71 $11,034.20 $460.00 $9,200.00 $472.00 $9,440.00
285 West Hercules Lots 20 Cycles $180.00 $3,600.00 $207.20 $4,144.00 $175.00 $3,500.00 $183.91 $3,678.20 $200.00 $4,000.00 $204.00 $4,080.00
286 1100 S. MAYHILL RD. (aka Pecan Creek WRP)32 Cycles $840.00 $26,880.00 $980.00 $31,360.00 $860.00 $27,520.00 $848.62 $27,155.84 $875.00 $28,000.00 $1,246.00 $39,872.00
287 5495 S. FLORENCE RD. -Robson WRP 7 Cycles $300.00 $2,100.00 $400.00 $2,800.00 $250.00 $1,750.00 $748.01 $5,236.07 $385.00 $2,695.00 $645.00 $4,515.00 $375.00 $2,625.00
288 3790 COUNTRY CLUB RD.7 Cycles $120.00 $840.00 $160.00 $1,120.00 $150.00 $1,050.00 $299.20 $2,094.40 $150.00 $1,050.00 $258.00 $1,806.00 $150.00 $1,050.00
289 230 N MAYHILL RD, DENTON 76208 7 Cycles $60.00 $420.00 $80.00 $560.00 $65.00 $455.00 $112.20 $785.40 $58.00 $406.00 $100.00 $700.00 $75.00 $525.00
290 313 TRINITY RD, DENTON 76208 Lakeview Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $200.00 $1,400.00 $149.60 $1,047.20 $77.00 $539.00 $129.00 $903.00 $75.00 $525.00
292 3100 OLD ALTON RD, DENTON 76210 -Hickory Creek Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $50.00 $350.00 $74.80 $523.60 $38.00 $266.00 $100.00 $700.00 $75.00 $525.00
293 2826 FLADGER DRIVE, DENTON 76207 -Barrow Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $40.00 $280.00 $74.80 $523.60 $38.00 $266.00 $100.00 $700.00 $75.00 $525.00
294 4000 WINSTON DR, DENTON 76210 -Wimbleton Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $40.00 $280.00 $18.70 $130.90 $10.00 $70.00 $100.00 $700.00 $75.00 $525.00
295 3710-B GRANADA TR, DENTON 76207 -Granada Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $40.00 $280.00 $18.70 $130.90 $10.00 $70.00 $100.00 $700.00 $75.00 $525.00
296 3623 EAST UNIVERSITY -United Copper Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $40.00 $280.00 $18.70 $130.90 $10.00 $70.00 $100.00 $700.00 $75.00 $525.00
297 4043 BONNIE BRAE -Vintage Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $40.00 $280.00 $18.70 $130.90 $10.00 $70.00 $100.00 $700.00 $75.00 $525.00
298 4981 BARTHOLD RD -Border Cowboy 7 Cycles $60.00 $420.00 $80.00 $560.00 $40.00 $280.00 $18.70 $130.90 $10.00 $70.00 $100.00 $700.00 $75.00 $525.00
299 2301 RYAN RD -Denton West Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $75.00 $525.00 $37.40 $261.80 $20.00 $140.00 $100.00 $700.00 $75.00 $525.00
300 12450 ROBSON RANCH BLVD -Robson SW Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $40.00 $280.00 $18.70 $130.90 $10.00 $70.00 $100.00 $700.00 $75.00 $525.00
301 701 HOBSON LN -Hobson Lift Station 7 Cycles $60.00 $420.00 $80.00 $560.00 $40.00 $280.00 $14.96 $104.72 $10.00 $70.00 $100.00 $700.00 $75.00 $525.00
302 Cooper Creek (Lift Station) aka 3623 E University 7 Cycles $60.00 $420.00 $80.00 $560.00 $65.00 $455.00 $112.20 $785.40 $58.00 $406.00 $100.00 $700.00 $75.00 $525.00
303 9401 Lake Ray Roberts Dam Rd (Ray Roberts WTP-Water Production 36 Cycles $2,712.50 $97,650.00 $3,797.50 $136,710.00 $3,200.00 $115,200.00 $2,263.50 $81,486.00 $3,475.00 $125,100.00 $3,201.00 $115,236.00
304 9401 Lake Ray Roberts Dam Raw Water Booster Station 36 Cycles $303.50 $10,926.00 $424.90 $15,296.40 $350.00 $12,600.00 $312.85 $11,262.60 $390.00 $14,040.00 $358.00 $12,888.00
305 1720 RINEY RD. (Riney Road Elevated Storage)36 Cycles $300.00 $10,800.00 $350.00 $12,600.00 $200.00 $7,200.00 $254.78 $9,172.08 $320.00 $11,520.00 $295.00 $10,620.00
306 5200 LOOP 288 (Northwest Elevated Storage)36 Cycles $75.00 $2,700.00 $84.70 $3,049.20 $100.00 $3,600.00 $89.67 $3,228.12 $75.00 $2,700.00 $71.00 $2,556.00
307 705 THOMAS (MCKENNA ELEVATED STORAGE TANK)36 Cycles $45.00 $1,620.00 $35.70 $1,285.20 $50.00 $1,800.00 $64.34 $2,316.24 $30.00 $1,080.00 $70.00 $2,520.00
308 9800 JOHN PAINE RD. ARGYLE 76226 (SWBPS)36 Cycles $90.00 $3,240.00 $57.24 $2,060.64 $150.00 $5,400.00 $100.30 $3,610.80 $95.00 $3,420.00 $94.00 $3,384.00
309 11490 H. LIVLEY RD. PONDER 76259 (SWEST)36 Cycles $175.00 $6,300.00 $204.40 $7,358.40 $200.00 $7,200.00 $146.87 $5,287.32 $180.00 $6,480.00 $172.00 $6,192.00
310 3322 ROSELAWN CR. DENTON 76205 (REST)36 Cycles $78.00 $2,808.00 $93.10 $3,351.60 $100.00 $3,600.00 $144.05 $5,185.80 $80.00 $2,880.00 $78.00 $2,808.00
311 1701-B SPENCER RD. DENTON 76205 (LLWTP)36 Cycles $530.00 $19,080.00 $620.20 $22,327.20 $675.00 $24,300.00 $544.55 $19,603.80 $555.00 $19,980.00 $523.00 $18,828.00
312 2301 BELL AVE. (PEACH LOT)36 Cycles $45.00 $1,620.00 $25.00 $900.00 $30.00 $1,080.00 $32.05 $1,153.80 $14.00 $504.00 $70.00 $2,520.00
313 Corner of East Sherman & Stratford (Sherman Lot)36 Cycles $45.00 $1,620.00 $30.80 $1,108.80 $30.00 $1,080.00 $37.75 $1,359.00 $27.00 $972.00 $70.00 $2,520.00
314 200 COUNTRY LN. HICKORY CREEK (LLRWPS)36 Cycles $45.00 $1,620.00 $33.60 $1,209.60 $40.00 $1,440.00 $43.10 $1,551.60 $30.00 $1,080.00 $70.00 $2,520.00
No Bid
No Bid
No Bid
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No Bid
No BidNo Bid
No Bid
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No BidNo Bid
No Bid
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No Bid
No Bid
No Bid
$262,299.00 $330,095.24 $292,660.00 $300,207.11 $300,675.00 No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Non-Responsive
No Bid
No Bid
No Bid
No Bid
No Bid
$324,107.00 No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid
No Bid
No Bid
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No Bid No Bid
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No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
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No Bid No Bid
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No Bid No Bid
No Bid No Bid
No Bid
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No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
Denton, TXDenton, TX Denton, TX
Exhibit 2
RFP 7788 - PARD Mowing Services - Section F
Respondent's Business Name:
D&D Commercial
Landscape Management Natures Greenery Brightview
Landscaping
Southlake Landscape &
Maintenance Inc.Incircle Management Inc Hoot's Lawn Care, LLC Yellowstone
Landscape
Freedom
Services
M.E.T. Lawn
Care
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
Firehouse22
Principal Place of Business (City and State):Dallas, TX Haltom City, TX Prosper, TX Lewisville, TX Westlake, TX Burleson, TX Dallas, TXDenton, TX
No Bid
No Bid
No Bid
No Bid
No Bid
SECTION F - PUBLIC WORKS/UTILITIES
No Bid
No Bid
No Bid
No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Total:
No Bid No Bid
No Bid No Bid
No Bid
Item #
1
2
3
4
5
6
0.00 0.00 0.00 0.00
0.006.25 6.25 6.25 6.00
Firehouse22 Yellowstone
Landscape
M.E.T. Lawn
Care
0.000.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00
0.00
0.00
0.00
23.84 26.89 26.21 26.17 24.28
28.50 28.50 21.00 19.50 15.00
4.25 4.25
0.00
0.00
0.00
0.00
0.00
0.00
0.00 0.006.25 0.00
3.50 3.50
11.00 8.00 7.50 6.00 4.33
0.00
0.00
0.00
0.00 0.00 0.0082.59 81.64 73.21 67.67 59.11
8.75 7.75 8.75 6.25 6.009.50
92.00
30.00
27.00
4.25
14.25
7.00
0.00 0.00
3.50
Availability of Vendor (15 Points)
Equipment (10 Points)
Personnel (10 Points)
Total Score:
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
Scoring Criteria
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
D&D Commercial
Landscape Management Natures Greenery Brightview
Landscaping
Southlake Landscape &
Maintenance Inc.Incircle Management Inc Freedom
Services Hoot's Lawn Care, LLC
Evaluation
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
CUSTOM LANDSCAPES, INC. DBA CLASSIC LANDSCAPES & MAINTENANCE, FOR
MOWING AND MAINTENANCE SERVICES FOR DME, WATER RECLAMATION, AND
WATER PRODUCTION DEPARTMENTS, SECTION F PUBLIC WORKS/UTILITIES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFP 7788 AWARDED TO CUSTOM LANDSCAPES, INC. DBA
CLASSIC LANDSCAPES & MAINTENANCE, FOR ONE (1) YEAR, WITH THE OPTION FOR
FOUR (4) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT-
TO-EXCEED AMOUNT OF $1,923,495.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for
mowing and maintenance services; and
WHEREAS, the City Manager, or a designated employee, has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies, file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
7788-Sec. F Custom Landscapes, Inc. dba $1,923,495.00
Classic Landscapes & Maintenance
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposals, the City Manager, or their designated
representative, is hereby authorized to execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities, and specified sums contained in the Proposal and related documents herein
approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _________________________________
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
PARD Mowing Services
Yes
Erica Garcia
RFP 7788
Contract # 7788
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND CUSTOM LANDSCAPES, INC., dba CLASSIC
LANDSCAPES & MAINTENANCE
(CONTRACT 7788)
THIS CONTRACT is made and entered into this date ______________________, by
and between Custom Landscapes, Inc. dba Classic Landscapes & Maintenance a Texas
corporation, whose address is PO Box 1247, Denton, TX 76202, hereinafter referred to as
"Contractor," 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
Contractor shall provide products and/or services in accordance with the City’s document
RFP 7788 – PARD Mowing Services, 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 and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s RFP 7788 (Exhibit “B” on File at the Office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Insurance Requirements (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit "E");
(f) Contractor’s Proposal (Exhibit "F");
(g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor, pursuant to
Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive
payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization.
Failure to meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
9403876023
Kevin Underwood
kunderwood049@aol.com
2021-808656
President
Gary Packan
Director of Parks and Recreation
Parks & Recreation
Contract # 7788
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The total contract for Section F of RFP 7788, which Section F only is awarded by this Contract
for the supply of Section F - Utilities, shall not exceed $1,923,495. Pricing shall be per Exhibit F
attached.
2. The Quantities
The quantities indicated on Exhibit F 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.
3. Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional four (4) one-year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall
automatically renew each year, from the date of award by City Council. The Supplier’s request to
not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior
to the contract renewal date for each year. 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.
4. Price Escalation and De-escalation
On Supplier’s request in the form stated herein, the City will implement an escalation/de-
escalation price adjustment annually based on these special terms. Any request for price
adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer
Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not
exceed +/- 8% for any individual year. The escalation will be determined annually at the
renewal date. The price will be increased or decreased based upon the annual percentage change
in the PPI or the percentage change in the manufacturer’s price list. Should the PPI or
manufacturer price list change exceed a minimum threshold value of +/-1%, then the stated
eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8%
limit per year. The supplier should provide documentation as percentage of each cost associated
with the unit prices quoted for consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request. If no request is made, then
it will be assumed that the current contract price will be in effect.
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
Upon receipt of such request, the City of Denton reserves the right to either: 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 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.
5. Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for performance that
falls short of specified performance standards as outlined below:
Delivery beyond contracted lead times
Performance below contracted levels (services only)
The Contractor shall be assessed a one (1%) percent fee each month when any one of the
performance standards outlined above are not met in full. The Contractor shall be assessed a two
(2%) percent profit fee each month when any two (2) or more performance standards outlined
above are not met in full. At the end of each month, the City will review the monthly reports and
determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin.
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
Exhibit C
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
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.
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
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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
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
negotiated.
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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
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
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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.
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
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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
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
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services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
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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,
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
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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
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
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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 effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
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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
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
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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
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
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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
solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article
XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including
dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the
Contractor shall render the Contract voidable by the City. The Contractor shall complete and
submit the City’s Conflict of Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
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the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
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refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
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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
respondent.
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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 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
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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
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Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
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[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
Contract # 7788
Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
RFP 7788
EXHIBIT F
Line #Description QTY UOM Unit Extended
256 SECTION F ‐ PUBLIC WORKS/UTILITIES
257 Old ARCO 1868 Geesling Rd ‐DME 20 Cycles $130.00 $2,600.00
258 Bonnie Brae Substation ‐ 1221 N Bonnie Brae 20 Cycles $100.00 $2,000.00
259 Brinker Substation ‐ 1950 Shady Oaks 7 Cycles $200.00 $1,400.00
260 Cooper Creek Substation ‐ 2230 Audra Ln 7 Cycles $1,100.00 $7,700.00
261 Denton North Interchange ‐ 4107 N Locust 20 Cycles $80.00 $1,600.00
262 Denton West Interchange ‐ 5353 FM2449 7 Cycles $350.00 $2,450.00
263 Ft. Worth Substation ‐ 4171 Ft. Worth Dr 20 Cycles $45.00 $900.00
264 Industrial Substation ‐ 1950 Shady Oaks 7 Cycles $70.00 $490.00
265 Old Hickory Substation ‐ 101 N Bonnie Brae 20 Cycles $45.00 $900.00
266 New Hickory Substation ‐ 102 through 116 N Bonnie Brae 20 Cycles $110.00 $2,200.00
267 Jim Christal Substation ‐ 8101 Jim Christal Rd 7 Cycles $450.00 $3,150.00
268 New Jim Christal Substation ‐ 8101 Jim Christal Rd 7 Cycles $45.00 $315.00
269 Old Kings Row Substation ‐ 1988 Kings Row 20 Cycles $45.00 $900.00
270 New Kings Row Substation ‐ 2505 Kings Row 20 Cycles $130.00 $2,600.00
271 Old Locust Substation ‐ 1304 S Locust St 20 Cycles $90.00 $1,800.00
272 New Locust Substation ‐ just north of 1304 S Locust St 20 Cycles $90.00 $1,800.00
273 Masch Branch Substation ‐ 4850 N Masch Branch Rd 7 Cycles $130.00 $910.00
274 McKinney Substation ‐ 2520 E McKinney St 20 Cycles $130.00 $2,600.00
275 Old North Lakes Substation ‐ 3400 N Bonnie Brae 20 Cycles $45.00 $900.00
276 New North Lakes Substation ‐ 3400 N Bonnie Brae 20 Cycles $130.00 $2,600.00
277 Pockrus Substation ‐ 3501 Pockrus Page Rd 20 Cycles $130.00 $2,600.00
278 RD Wells Substation ‐ 3513 Jim Christal Rd 20 Cycles $120.00 $2,400.00
279 Teasley Substation ‐ 2428 Hickory Creek Rd 20 Cycles $45.00 $900.00
280 4117 Winston Dr 20 Cycles $45.00 $900.00
281 Lots NE corner of Virginia St and University 7 Cycles $660.00 $4,620.00
282 Paisley Lots ‐ 2805 and 2809 Paisley Lots 20 Cycles $90.00 $1,800.00
283 Paisley Lots ‐ Lots west of Mockingbird Ct on Paisley 20 Cycles $170.00 $3,400.00
284 Pole Yard and Spencer Interchange 20 Cycles $350.00 $7,000.00
285 West Hercules Lots 20 Cycles $180.00 $3,600.00
286 1100 S. MAYHILL RD. (aka Pecan Creek WRP)32 Cycles $840.00 $26,880.00
287 5495 S. FLORENCE RD. ‐Robson WRP 7 Cycles $300.00 $2,100.00
288 3790 COUNTRY CLUB RD.7 Cycles $120.00 $840.00
289 230 N MAYHILL RD, DENTON 76208 7 Cycles $60.00 $420.00
290 313 TRINITY RD, DENTON 76208 Lakeview Lift Station 7 Cycles $60.00 $420.00
291 313 TRINITY RD, DENTON 76208 ‐Lakeview Lift Station 7 Cycles $60.00 $420.00
292 3100 OLD ALTON RD, DENTON 76210 ‐Hickory Creek Lift Station 7 Cycles $60.00 $420.00
293 2826 FLADGER DRIVE, DENTON 76207 ‐Barrow Lift Station 7 Cycles $60.00 $420.00
294 4000 WINSTON DR, DENTON 76210 ‐Wimbleton Lift Station 7 Cycles $60.00 $420.00
295 3710‐B GRANADA TR, DENTON 76207 ‐Granada Lift Station 7 Cycles $60.00 $420.00
296 3623 EAST UNIVERSITY ‐United Copper Lift Station 7 Cycles $60.00 $420.00
297 4043 BONNIE BRAE ‐Vintage Lift Station 7 Cycles $60.00 $420.00
298 4981 BARTHOLD RD ‐Border Cowboy 7 Cycles $60.00 $420.00
299 2301 RYAN RD ‐Denton West Lift Station 7 Cycles $60.00 $420.00
300 12450 ROBSON RANCH BLVD ‐Robson SW Lift Station 7 Cycles $60.00 $420.00
301 701 HOBSON LN ‐Hobson Lift Station 7 Cycles $60.00 $420.00
302 Cooper Creek (Lift Station) aka 3623 E University 7 Cycles $60.00 $420.00
303 9401 LAKE RAY ROBERTS DAM RD (RAY ROBERTS WTP) ‐Water Production 36 Cycles $2,712.50 $97,650.00
304 9401 Lake Ray Roberts Dam Raw Water Booster Station 36 Cycles $303.50 $10,926.00
305 1720 RINEY RD. (Riney Road Elevated Storage)36 Cycles $300.00 $10,800.00
306 5200 LOOP 288 (Northwest Elevated Storage)36 Cycles $75.00 $2,700.00
307 705 THOMAS (MCKENNA ELEVATED STORAGE TANK)36 Cycles $45.00 $1,620.00
308 9800 JOHN PAINE RD. ARGYLE 76226 (SWBPS)36 Cycles $90.00 $3,240.00
309 11490 H. LIVLEY RD. PONDER 76259 (SWEST)36 Cycles $175.00 $6,300.00
310 3322 ROSELAWN CR. DENTON 76205 (REST)36 Cycles $78.00 $2,808.00
311 1701‐B SPENCER RD. DENTON 76205 (LLWTP)36 Cycles $530.00 $19,080.00
312 2301 BELL AVE. (PEACH LOT)36 Cycles $45.00 $1,620.00
313 CORNER OF EAST SHERMAN AND STRATFORD (SHERMAN LOT)36 Cycles $45.00 $1,620.00
314 200 COUNTRY LN. HICKORY CREEK (LLRWPS)36 Cycles $45.00 $1,620.00
Classic Landscapes and Maintenance (Custom
Landscapes Inc)
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Exhibit
DocuSign Envelope ID: CE5807EE-FB51-43D2-B9ED-163CE86EB27C
G
Custom Landscapes, Inc. dba
Classic Landscapes & Maintenance
N/A
X
N/A
12/15/2021
Certificate Of Completion
Envelope Id: CE5807EEFB5143D2B9ED163CE86EB27C Status: Sent
Subject: Please DocuSign: City Council Contract 7788 Classic Landscape
Source Envelope:
Document Pages: 34 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/13/2021 11:39:10 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 12/13/2021 11:39:59 AM
Viewed: 12/13/2021 11:40:06 AM
Signed: 12/13/2021 11:41:20 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/13/2021 11:41:22 AM
Viewed: 12/13/2021 11:41:55 AM
Signed: 12/13/2021 11:42:07 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.185.202.16
Sent: 12/13/2021 11:42:09 AM
Viewed: 12/14/2021 11:03:50 AM
Signed: 12/14/2021 11:08:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kevin Underwood
kunderwood049@aol.com
President
Classic Landscapes Inc
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 38.123.125.46
Sent: 12/14/2021 11:08:39 AM
Viewed: 12/14/2021 12:03:08 PM
Signed: 12/15/2021 8:40:40 AM
Electronic Record and Signature Disclosure:
Accepted: 4/17/2018 5:45:39 PM
ID: d0d0007c-e41c-411c-a972-623c66c8e944
Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/15/2021 8:40:44 AM
Viewed: 12/15/2021 8:41:57 AM
Signed: 12/15/2021 8:42:08 AM
Electronic Record and Signature Disclosure:
Accepted: 12/15/2021 8:41:57 AM
ID: 55c91338-b704-47b5-ade9-80257051d9c1
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/15/2021 8:42:13 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/15/2021 8:48:24 AM
ID: 4feba34d-b3a6-43a8-9585-0ca6156b9c3a
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/13/2021 11:41:22 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/15/2021 8:42:13 AM
Viewed: 12/15/2021 8:53:04 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marshall McGee
marshall.mcgee@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/26/2021 7:47:18 AM
ID: 68609e18-6efb-4da3-8dfc-f1caf18e5574
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/13/2021 11:39:59 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Kevin Underwood, Gary Packan, Rosa Rios, Marshall McGee
How to contact City of Denton:
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-062,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a contract with BrightView Landscape Services,Inc.,for mowing and maintenance
services for the Parks and Recreation and Fire Departments,Section C -Southeast Public Buildings,Parks,
Trails,and Medians;providing for the expenditure of funds therefor;and providing an effective date (RFP 7788
-awarded to BrightView Landscape Services,Inc.,for one (1)year,with the option for four (4)additional one
(1) year extensions, in the total five (5) year not-to-exceed amount of $2,871,373.00).
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with BrightView Landscape Services, Inc., for mowing
and maintenance services for the Parks and Recreation and Fire Departments, Section C – Southeast Public
Buildings, Parks, Trails, and Medians; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7788 – awarded to BrightView Landscape Services, Inc., for one (1) year, with the
option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of
$2,871,373.00).
INFORMATION/BACKGROUND
The proposed contract will allow BrightView Landscaping to mow/maintain the southeast portion of the
City, recognizing that municipal maintenance is one of their company’s core strengths. The realistic
expectation of having properly manicured turf and beds in the City is the Parks and Recreation Department’s
(PARD) responsibility to negotiate and oversee. The City continues to grow rapidly and acquire new
properties, all of which need to be maintained aesthetically and economically in order to make Denton an
attractive and appealing city. Staff assessed the volume needed and developed sections for the services that
could be awarded to multiple vendors. Brightview Landscaping is an established business that has the
experience and equipment needed to service larger entities and can competently perform the work required.
In 2020 when PARD assumed responsibility for all City department mowing contracts an evaluation was
completed to determine if these services should be contracted out or absorbed in-house. The evaluation
determined that due to the required equipment needs and staffing levels it was fiscally responsible to
outsource the services. With this, the proposed contracts have no impact on the current staffing levels.
Mowing is required to maintain safety and aesthetics as well as to maintain code compliance. The mowing
services provide the following benefits to the City of Denton:
1. It keeps the City in compliance with Community Improvement Services.
2. It keeps the turf aesthetically pleasing and helps to thwart the growth of weeds.
3. It keeps the areas free of litter and debris.
The anticipated cost breakdown is as follows. The contingency amount is to cover new properties and
vendor defaults.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Request for Proposals was sent to 138 prospective suppliers, including 17 Denton firms. In addition,
specifications were placed on the Materials Management website for prospective suppliers to download and
advertised in the local newspaper. Eleven (11) proposals were received, references were checked, and
proposals were evaluated based upon published criteria including availability, probable performance,
equipment, personnel, safety, and price. Best and Final Offers (BAFO) were requested from all firms. Based
upon this evaluation, BrightView Landscape Services, Inc. was ranked the highest and determined to be the
best value for the City for Section C – Southeast Public Buildings, Parks, Trails, and Medians.
NIGP Code Used for Solicitation: 988 – Services, roadside, grounds,
recreational, and park area services
Notifications sent for Solicitation sent in IonWave: 138
Number of Suppliers that viewed Solicitation in IonWave: 17
HUB-Historically Underutilized Business Invitations sent out: 14
SBE-Small Business Enterprise Invitations sent out: 66
Responses from Solicitation: 11
Below is the information BrightView Landscape Services provided regarding the wages they pay their
employees who will be assigned to the City’s contract.
Position Description Number of Assigned Employees Hourly Rate of Assigned
Employees
Production Manager 1 Employee designation $36.55 / hour
Crew Leader 2 Employees designated $21.68 / Hr
Crew Laborers 6 Employees designated $21.68 / Hr
RECOMMENDATION
Award a contract with BrightView Landscape Services, Inc., for mowing and maintenance services for the
Parks and Recreation and Fire Departments, Section C – Southeast Public Buildings, Parks, Trails, and
Medians, in a one (1) year, with the option for four (4) additional one (1) year extensions, in the total five
(5) year not-to-exceed amount of $2,871,373.
PRINCIPAL PLACE OF BUSINESS
BrightView Landscape Services, Inc.
Prosper, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year
periods, with all terms and conditions remaining the same.
FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 TOTAL
Sections C - Southeast $440,836 $454,061 $467,683 $481,714 $496,165 $2,340,459
Contingency $100,000 $103,000 $106,090 $109,273 $112,551 $530,914
Total $540,836 $557,061 $573,773 $590,987 $608,716 $2,871,373
FISCAL INFORMATION
These services will be funded through the using department’s budget on an as-needed basis. The City will
only pay for services rendered and is not obligated to pay the full contract amount unless needed.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Marshall McGee, 940-349-8430.
Legal point of contact: Marcella Lunn at 940-349-8333.
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
87
88 Facilities Bldg - 869 S Woodrow 36 Cycles $94.40 $3,398.40 $40.00 $1,440.00 $34.30 $1,234.80 $24.00 $864.00 $40.00 $1,440.00 $200.00 $7,200.00 No bid $7,200.00
89 Facilities Bldg - Bed maintenance, 3 color change outs, 1 mulch app 4 Cycles $300.16 $1,200.64 $550.00 $2,200.00 $225.00 $900.00 $100.00 $400.00 $330.00 $1,320.00 $1,000.00 $4,000.00 No bid $4,000.00
90 DCTA Rail Yard 24 Cycles $187.57 $4,501.68 $180.00 $4,320.00 $1,100.00 $26,400.00 $96.00 $2,304.00 $130.00 $3,120.00 $150.00 $4,800.00 $180.00 $4,320.00
91 DCTA Rail Yard - LITTER 12 Cycles $122.60 $1,471.20 $100.00 $1,200.00 $550.00 $6,600.00 $80.00 $960.00 $25.00 $300.00 $150.00 $3,000.00 $55.00 $660.00
92 Industrial Park - 108 Industrial -Also includes Trades Square (.11ac)36 Cycles $72.35 $2,604.60 $40.00 $1,440.00 $25.00 $900.00 $24.00 $864.00 $24.00 $864.00 $65.00 $2,340.00 $75.00 $2,700.00
94 Fire Station 1 - 332 E. Hickory St.32 Cycles $73.33 $2,346.56 $40.00 $1,280.00 $25.00 $800.00 $24.00 $768.00 $33.00 $1,056.00 $75.00 $2,400.00 No bid $2,400.00
95 Fire Station 1 Landscape Maintenance - 332 E. Hickory St.48 Cycles $65.02 $3,120.96 $50.00 $2,400.00 $55.00 $2,640.00 $48.00 $2,304.00 $10.00 $480.00 $75.00 $3,600.00 No bid $4,800.00
96 MLK Recreation Center - 1300 Wilson 36 Cycles $268.90 $9,680.40 $200.00 $7,200.00 $226.10 $8,139.60 $142.00 $5,112.00 $200.00 $7,200.00 $200.00 $7,200.00 $225.00 $8,100.00
97 Mack Park - 1700 E. McKinney -Includes both north and south sides of McKinney and drainage channel starting at Audra Lane and ending at southern park boundary 36 Cycles $774.45 $27,880.20 $700.00 $25,200.00 $1,003.60 $36,129.60 $505.00 $18,180.00 $720.00 $25,920.00 $640.00 $23,040.00 $895.00 $32,220.00
98 Mack Park - Litter 4 Cycles $1,299.61 $5,198.44 $200.00 $800.00 $501.80 $2,007.20 $551.00 $2,204.00 $140.00 $560.00 $250.00 $1,000.00 $65.00 $260.00
99 Carl Young Park - 327 S. Wood 24 Cycles $33.48 $803.52 $350.00 $8,400.00 $408.80 $9,811.20 $280.00 $6,720.00 $360.00 $8,640.00 $300.00 $7,200.00 $478.00 $11,472.00
100 McKinney St -Bell Ave east to City limits, includes drainage ditch on north side of McKinney in the 800 block 24 Cycles $1,283.66 $30,807.84 $1,800.00 $43,200.00 $1,610.00 $38,640.00 $1,104.00 $26,496.00 $1,425.00 $34,200.00 $1,495.00 $35,880.00 $1,900.00 $45,600.00
101 McKinney St - Litter 12 Cycles $817.38 $9,808.56 $300.00 $3,600.00 $805.00 $9,660.00 $920.00 $11,040.00 $275.00 $3,300.00 $540.00 $6,480.00 $203.00 $2,436.00
102 Milam Park - 256 Mockingbird Ln 24 Cycles $107.48 $2,579.52 $125.00 $3,000.00 $118.30 $2,839.20 $81.00 $1,944.00 $120.00 $2,880.00 $200.00 $4,800.00 $99.00 $2,376.00
103 Rail Trail 24 Cycles $3,169.76 $76,074.24 $2,000.00 $48,000.00 $1,207.50 $28,980.00 $828.00 $19,872.00 $1,610.00 $38,640.00 $1,125.00 $27,000.00 No bid $76,074.24
104 Rail Trail - Litter 12 Cycles $653.88 $7,846.56 $250.00 $3,000.00 $603.75 $7,245.00 $690.00 $8,280.00 $230.00 $2,760.00 $300.00 $3,600.00 No bid $8,280.00
105 Eagle and Dallas Dr. -To be combined with Dallas Drive 24 Cycles $0.01 $0.24 $40.00 $960.00 $30.80 $739.20 $24.00 $576.00 $30.00 $720.00 $75.00 $1,800.00 $63.00 $1,512.00
106 Eagle and Elm St Do NOT weedeat small island with wildflowers 24 Cycles $0.01 $0.24 $40.00 $960.00 $25.00 $600.00 $24.00 $576.00 $14.00 $336.00 $45.00 $1,080.00 $55.00 $1,320.00
107 Wye St and Industrial St 24 Cycles $17.13 $411.12 $40.00 $960.00 $25.00 $600.00 $24.00 $576.00 $19.00 $456.00 $45.00 $1,080.00 $50.00 $1,200.00
108 Bell Ave and Robertson 24 Cycles $212.12 $5,090.88 $180.00 $4,320.00 $202.30 $4,855.20 $139.00 $3,336.00 $214.00 $5,136.00 $305.00 $7,320.00 $179.00 $4,296.00
109 427 Robertson - Litter 24 Cycles $24.10 $578.40 $50.00 $1,200.00 $35.00 $840.00 $24.00 $576.00 $10.00 $240.00 $75.00 $1,800.00 $45.00 $1,080.00
110 Dallas Dr 24 Cycles $533.30 $12,799.20 $300.00 $7,200.00 $292.60 $7,022.40 $201.00 $4,824.00 $300.00 $7,200.00 $440.00 $10,560.00 No bid $12,799.20
111 Teasley Lane-Includes Shady Oaks medians, Dallas and Teasley greenspace, ROW, medians, Wind River/Teasley median, and between Hickory Creek and City limits 24 Cycles $1,006.60 $24,158.40 $860.00 $20,640.00 $949.20 $22,780.80 $651.00 $15,624.00 $980.00 $23,520.00 $900.00 $21,600.00 $987.00 $23,688.00
112 Teasley Ln medians and ROW litter and debris removal 12 Cycles $163.48 $1,961.76 $150.00 $1,800.00 $474.60 $5,695.20 $542.00 $6,504.00 $190.00 $2,280.00 $300.00 $3,600.00 No bid $6,504.00
113 Fire Station 6 - 3232 Teasley Ln -Retention pond next to fire station is included 32 Cycles $152.23 $4,871.36 $45.00 $1,440.00 $51.10 $1,635.20 $32.00 $1,024.00 $75.00 $2,400.00 $75.00 $2,400.00 No bid $4,871.36
114 Fire Station 6 Landscape Maintenance - 3232 Teasley Ln 48 Cycles $94.48 $4,535.04 $50.00 $2,400.00 $35.00 $1,680.00 $72.00 $3,456.00 $19.00 $912.00 $75.00 $3,600.00 No bid $5,669.76
115 Hobson drainage channel behind church, 633 Hobson -Drainage channel is between Teasley and church 24 Cycles $20.02 $480.48 $50.00 $1,200.00 $50.00 $1,200.00 $24.00 $576.00 $33.00 $792.00 $90.00 $2,160.00 $72.00 $1,728.00
116 Hobson drainage channel - Litter 4 Cycles $20.45 $81.80 $30.00 $120.00 $25.00 $100.00 $24.00 $96.00 $10.00 $40.00 $75.00 $300.00 $28.00 $112.00
117 I-35 SB Service Rd - Woodbrook to Conway -Includes Birchbrook Ct island 24 Cycles $129.55 $3,109.20 $60.00 $1,440.00 $70.00 $1,680.00 $48.00 $1,152.00 $73.00 $1,752.00 $400.00 $9,600.00 $78.00 $1,872.00
118 I-35 SB Service Rd - Woodbrook to Conway - Litter 4 Cycles $40.85 $163.40 $75.00 $300.00 $35.00 $140.00 $48.00 $192.00 $15.00 $60.00 $200.00 $800.00 $47.00 $188.00
119 Township II -Includes Rio Grande medians, 4 islands, and greenspace park area 24 Cycles $122.60 $2,942.40 $125.00 $3,000.00 $108.50 $2,604.00 $74.00 $1,776.00 $105.00 $2,520.00 $175.00 $4,200.00 $93.00 $2,232.00
120 Colorado / San Jacinto / Brinker -Includes .23ac at Valley Creek Road and Colorado, also Woodrow Ln sidewalk (southbound from 300 Woodrow to end of tree line
across from 725 Woodrow on west side of road' northbound from 725 Woodrow to dirt driveway before 215 Woodrow)24 Cycles $373.15 $8,955.60 $320.00 $7,680.00 $298.90 $7,173.60 $205.00 $4,920.00 $305.00 $7,320.00 $300.00 $7,200.00 No bid $10,800.00
121 Colorado Blvd Litter Debris Removal 4 Cycles $245.20 $980.80 $100.00 $400.00 $149.75 $599.00 $205.00 $820.00 $68.00 $272.00 $300.00 $1,200.00 No bid $2,000.00
122 Mayhill (I-35 to US380)24 Cycles $1,460.23 $35,045.52 $1,700.00 $40,800.00 $1,538.60 $36,926.40 $1,055.00 $25,320.00 $1,605.00 $38,520.00 $1,430.00 $34,320.00 No bid $55,440.00
123 Spencer Rd. -Between Woodrow and Mayhill 24 Cycles $413.15 $9,915.60 $275.00 $6,600.00 $315.00 $7,560.00 $216.00 $5,184.00 $325.00 $7,800.00 $380.00 $9,120.00 No bid $11,400.00
124 Spencer Rd Litter Debris Removal 4 Cycles $245.20 $980.80 $100.00 $400.00 $157.50 $630.00 $218.00 $872.00 $55.00 $220.00 $200.00 $800.00 No bid $1,400.00
125 Shady Oaks Dr ( Woodrow to Loop 288) -Medians only 24 Cycles $0.01 $0.24 $156.00 $3,744.00 $182.00 $4,368.00 $125.00 $3,000.00 $185.00 $4,440.00 $250.00 $6,000.00 No bid $6,600.00
126 Loop 288 -Medians and ROW 24 Cycles $1,463.91 $35,133.84 $1,800.00 $43,200.00 $1,661.10 $39,866.40 $1,139.00 $27,336.00 $1,720.00 $41,280.00 $1,545.00 $37,080.00 No bid $59,880.00
127 Loop 288 Litter and Debris removal 12 Cycles $572.17 $6,866.04 $200.00 $2,400.00 $830.55 $9,966.60 $949.00 $11,388.00 $275.00 $3,300.00 $540.00 $6,480.00 No bid $12,000.00
128 Earnest Dallas Park 24 Cycles $206.79 $4,962.96 $170.00 $4,080.00 $189.00 $4,536.00 $130.00 $3,120.00 $165.00 $3,960.00 $250.00 $6,000.00 $198.00 $4,752.00
129 Crapemyrtle 24 Cycles $18.77 $450.48 $40.00 $960.00 $25.00 $600.00 $24.00 $576.00 $33.00 $792.00 $45.00 $1,080.00 $55.00 $1,320.00
130 Fred Moore Park - 500 S. Bradshaw 24 Cycles $406.24 $9,749.76 $425.00 $10,200.00 $490.70 $11,776.80 $336.00 $8,064.00 $430.00 $10,320.00 $320.00 $7,680.00 $164.00 $3,936.00
131 Fred Moore Park - 500 S. Bradshaw 24 Cycles $0.01 $0.24 $425.00 $10,200.00 $490.70 $11,776.80 $336.00 $8,064.00 $430.00 $10,320.00 $320.00 $7,680.00 $576.00 $13,824.00
132 Fred Moore Athletics - north side of drainage channel 36 Cycles $190.84 $6,870.24 $180.00 $6,480.00 $205.80 $7,408.80 $129.00 $4,644.00 $185.00 $6,660.00 $135.00 $4,860.00 $174.00 $6,264.00
133 Jannie St 24 Cycles $15.00 $360.00 $40.00 $960.00 $25.00 $600.00 $24.00 $576.00 $11.00 $264.00 $100.00 $2,400.00 $65.00 $1,560.00
134 Mozingo St -Includes dead-end of Mozingo at railroad and small lot at intersection of Mozingo and Wayne 24 Cycles $18.77 $450.48 $40.00 $960.00 $25.00 $600.00 $24.00 $576.00 $24.00 $576.00 $45.00 $1,080.00 $68.00 $1,632.00
135 Swisher Rd Edwards 24 Cycles $10.00 $240.00 $30.00 $720.00 $25.00 $600.00 $24.00 $576.00 $10.00 $240.00 $45.00 $1,080.00 No bid $1,080.00
136 Fire Station 8 (new in 2021) 3131 Colorado Blvd 32 Cycles $70.50 $2,256.00 $50.00 $1,600.00 $28.00 $896.00 $24.00 $768.00 $43.00 $1,376.00 $85.00 $2,720.00 No bid $2,720.00
137 Fire Station 8 (new in 2021) 3131 Colorado Blvd 32 Cycles $0.01 $0.32 $50.00 $1,600.00 $28.00 $896.00 $24.00 $768.00 $43.00 $1,376.00 $85.00 $2,720.00 No bid $2,720.00
138 Fire Station 8 Landscape 48 Cycles $133.84 $6,424.32 $50.00 $2,400.00 $35.00 $1,680.00 $104.00 $4,992.00 $20.00 $960.00 $75.00 $3,600.00 No bid $8,189.76
139 South Lakes Park 1 - 556 Hobson Ln 24 Cycles $1,253.86 $30,092.64 $2,460.00 $59,040.00 $2,919.00 $70,056.00 $2,002.00 $48,048.00 $2,610.00 $62,640.00 $1,670.00 $40,080.00 $2,898.00 $69,552.00
140 South Lakes Park 2 - 556 Hobson Ln 24 Cycles $1,274.70 $30,592.80 $1,350.00 $32,400.00 $1,565.90 $37,581.60 $984.00 $23,616.00 $1,390.00 $33,360.00 $895.00 $21,480.00 $1,700.00 $40,800.00
Evaluation
Item #
1
2
3
4
5
6
SECTION C - SOUTHEAST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
23.7430.0022.59 23.9122.62 20.30 16.62
15.0028.50 19.5021.00 28.50
4.25
19.5016.50
13.75 10.25 8.008.25
4.253.504.25 3.50
6.509.50 7.25
3.50 4.25
8.25
6.505.506.006.50 6.259.25 6.75
6.505.506.257.00
66.9180.12 78.30
Scoring Criteria
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
Equipment (10 Points)
Personnel (10 Points)
Total Score:
Brightview
Landscaping Natures Greenery
D&D Commercial
Landscape
Management
Incircle Management
Inc
Southlake Landscape &
Maintenance Inc.
61.3763.7467.2578.34
6.5010.00
Incircle Management
Inc
Southlake Landscape &
Maintenance Inc.Firehouse22M.E.T. Lawn Care
Respondent's Business Name:
Natures GreeneryBrightview
Landscaping
D&D Commercial
Landscape
Management
Prosper, TX Dallas, TX Westlake, TX Lewisville, TX Denton, TXDenton, TX
Exhibit 2
RFP 7788 - PARD Mowing Services - Section C
Principal Place of Business (City and State):Haltom City, TX
Total:
M.E.T. Lawn Care Firehouse22
$440,835.92 $441,444.00 $491,196.60 $332,404.00 $417,040.00 $420,100.00 $599,840.32
Line #Description QTY UOM
87
88 Facilities Bldg - 869 S Woodrow 36 Cycles
89 Facilities Bldg - Bed maintenance, 3 color change outs, 1 mulch app 4 Cycles
90 DCTA Rail Yard 24 Cycles
91 DCTA Rail Yard - LITTER 12 Cycles
92 Industrial Park - 108 Industrial -Also includes Trades Square (.11ac)36 Cycles
94 Fire Station 1 - 332 E. Hickory St.32 Cycles
95 Fire Station 1 Landscape Maintenance - 332 E. Hickory St.48 Cycles
96 MLK Recreation Center - 1300 Wilson 36 Cycles
97 Mack Park - 1700 E. McKinney -Includes both north and south sides of McKinney and drainage channel starting at Audra Lane and ending at southern park boundary 36 Cycles
98 Mack Park - Litter 4 Cycles
99 Carl Young Park - 327 S. Wood 24 Cycles
100 McKinney St -Bell Ave east to City limits, includes drainage ditch on north side of McKinney in the 800 block 24 Cycles
101 McKinney St - Litter 12 Cycles
102 Milam Park - 256 Mockingbird Ln 24 Cycles
103 Rail Trail 24 Cycles
104 Rail Trail - Litter 12 Cycles
105 Eagle and Dallas Dr. -To be combined with Dallas Drive 24 Cycles
106 Eagle and Elm St Do NOT weedeat small island with wildflowers 24 Cycles
107 Wye St and Industrial St 24 Cycles
108 Bell Ave and Robertson 24 Cycles
109 427 Robertson - Litter 24 Cycles
110 Dallas Dr 24 Cycles
111 Teasley Lane-Includes Shady Oaks medians, Dallas and Teasley greenspace, ROW, medians, Wind River/Teasley median, and between Hickory Creek and City limits 24 Cycles
112 Teasley Ln medians and ROW litter and debris removal 12 Cycles
113 Fire Station 6 - 3232 Teasley Ln -Retention pond next to fire station is included 32 Cycles
114 Fire Station 6 Landscape Maintenance - 3232 Teasley Ln 48 Cycles
115 Hobson drainage channel behind church, 633 Hobson -Drainage channel is between Teasley and church 24 Cycles
116 Hobson drainage channel - Litter 4 Cycles
117 I-35 SB Service Rd - Woodbrook to Conway -Includes Birchbrook Ct island 24 Cycles
118 I-35 SB Service Rd - Woodbrook to Conway - Litter 4 Cycles
119 Township II -Includes Rio Grande medians, 4 islands, and greenspace park area 24 Cycles
120 Colorado / San Jacinto / Brinker -Includes .23ac at Valley Creek Road and Colorado, also Woodrow Ln sidewalk (southbound from 300 Woodrow to end of tree line
across from 725 Woodrow on west side of road' northbound from 725 Woodrow to dirt driveway before 215 Woodrow)24 Cycles
121 Colorado Blvd Litter Debris Removal 4 Cycles
122 Mayhill (I-35 to US380)24 Cycles
123 Spencer Rd. -Between Woodrow and Mayhill 24 Cycles
124 Spencer Rd Litter Debris Removal 4 Cycles
125 Shady Oaks Dr ( Woodrow to Loop 288) -Medians only 24 Cycles
126 Loop 288 -Medians and ROW 24 Cycles
127 Loop 288 Litter and Debris removal 12 Cycles
128 Earnest Dallas Park 24 Cycles
129 Crapemyrtle 24 Cycles
130 Fred Moore Park - 500 S. Bradshaw 24 Cycles
131 Fred Moore Park - 500 S. Bradshaw 24 Cycles
132 Fred Moore Athletics - north side of drainage channel 36 Cycles
133 Jannie St 24 Cycles
134 Mozingo St -Includes dead-end of Mozingo at railroad and small lot at intersection of Mozingo and Wayne 24 Cycles
135 Swisher Rd Edwards 24 Cycles
136 Fire Station 8 (new in 2021) 3131 Colorado Blvd 32 Cycles
137 Fire Station 8 (new in 2021) 3131 Colorado Blvd 32 Cycles
138 Fire Station 8 Landscape 48 Cycles
139 South Lakes Park 1 - 556 Hobson Ln 24 Cycles
140 South Lakes Park 2 - 556 Hobson Ln 24 Cycles
Evaluation
Item #
1
2
3
4
5
6
SECTION C - SOUTHEAST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
Scoring Criteria
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
Equipment (10 Points)
Personnel (10 Points)
Total Score:
Respondent's Business Name:
Exhibit 2
RFP 7788 - PARD Mowing Services - Section C
Principal Place of Business (City and State):
Total:
Unit Extended Unit Extended Unit Extended Unit Extended
$38.59 $1,389.24
$181.88 $727.52
$157.50 $3,780.00
$65.62 $787.44
$25.00 $900.00
$25.00 $800.00
$78.75 $3,780.00
$281.48 $10,133.28
$645.74 $23,246.64
$376.68 $1,506.72
$459.89 $11,037.36
$1,293.73 $31,049.52
$754.68 $9,056.16
$133.09 $3,194.16
$970.30 $23,287.20
$566.01 $6,792.12
$34.65 $831.60
$25.00 $600.00
$25.00 $600.00
$227.58 $5,461.92
$25.00 $600.00
$460.94 $11,062.56
$762.74 $18,305.76
$444.93 $5,339.16
$57.49 $1,839.68
$118.12 $5,669.76
$25.00 $600.00
$25.00 $100.00
$78.75 $1,890.00
$45.20 $180.80
$122.06 $2,929.44
$336.26 $8,070.24
$140.11 $560.44
$1,236.36 $29,672.64
$354.37 $8,504.88
$149.29 $597.16
$204.75 $4,914.00
$1,334.79 $32,034.96
$778.63 $9,343.56
$212.62 $5,102.88
$25.20 $604.80
$552.03 $13,248.72
$552.03 $13,248.72
$231.52 $8,334.72
$25.00 $600.00
$25.00 $600.00
$25.00 $600.00
$31.50 $1,008.00
$31.50 $1,008.00
$170.62 $8,189.76
$2,345.59 $56,294.16
$1,258.29 $30,198.96
SECTION C - SOUTHEAST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
0.00 0.00 0.0023.73
0.00 0.00 0.002.75
0.00 0.00 0.006.00
0.00 0.00 0.002.75
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.00
3.00
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
41.23
Yellowstone Landscape
Denton, TXDallas, TX Denton, TX Burleson, TX
No Bid
No Bid
No Bid
No Bid
Exhibit 2
RFP 7788 - PARD Mowing Services - Section C
No Bid
No Bid
No Bid
No Bid No Bid No Bid
No Bid No Bid No Bid
No Bid No Bid No Bid
No Bid
Freedom
Services
Hoot's Lawn
Care, LLC
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid No Bid
No Bid No Bid No Bid
No Bid No Bid No Bid
No Bid No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid No Bid
No Bid No Bid No Bid
No Bid No Bid
No Bid No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid No Bid
No Bid No Bid No Bid
No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
Yellowstone Landscape Freedom
Services
Hoot's Lawn
Care, LLC
No Bid No Bid No Bid$420,214.64
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
BRIGHTVIEW LANDSCAPE SERVICES, INC., FOR MOWING AND MAINTENANCE
SERVICES FOR THE PARKS AND RECREATION AND FIRE DEPARTMENTS, SECTION C
SOUTHEAST PUBLIC BUILDINGS, PARKS, TRAILS, AND MEDIANS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP
7788 AWARDED TO BRIGHTVIEW LANDSCAPE SERVICES, INC., FOR ONE (1) YEAR,
WITH THE OPTION FOR FOUR (4) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE
TOTAL FIVE (5) YEAR NOT-TO-EXCEED AMOUNT OF $2,871,373.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for
mowing and maintenance services; and
WHEREAS, the City Manager, or a designated employee, has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
7788-Sec. C BrightView Landscape Services, Inc. $2,871,373.00
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposals, the City Manager, or their designated
representative, is hereby authorized to execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities, and specified sums contained in the Proposal and related documents herein
approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _________________________________
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
7788RFP
PARD Mowing Services
Yes
Erica Garcia
Contract # 7788
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND BRIGHTVIEW LANDSCAPE SERVICES, INC.
(CONTRACT 7788)
THIS CONTRACT is made and entered into this date ______________________, by
and between BrightView Landscape Services, Inc. a Texas corporation, whose address is 1464 W.
First St., Prosper, TX 75078, hereinafter referred to as "Contractor," 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
Contractor shall provide products and/or services in accordance with the City’s document
RFP 7788 – PARD Mowing Services, 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 and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s RFP 7788 (Exhibit “B” on File at the Office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Insurance Requirements (Exhibit “D”);
(e) Contractor’s Proposal (Exhibit "E");
(f) Form CIQ – Conflict of Interest Questionnaire (Exhibit "F");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
Contract # 7788
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor, pursuant to
Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive
payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization.
Failure to meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
1295 Certificate Number
CITY OF DENTON, TEXAS
BY: _____________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
1295 Certificate Number
SVP
214-537-8106
Jason Shear
Jason.Shear@brightview.com
Director of Parks and Recreation
Parks & Recreation
Gary Packan
Contract # 7788
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The total contract for Section C of RFP 7788, which Section C only is awarded by this Contract
for the supply of Section C – SE Section, shall not exceed $2,871,373. Pricing shall be per Exhibit
E attached.
2. 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.
3. Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional four (4) one-year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall
automatically renew each year, from the date of award by City Council. The Supplier’s request to
not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior
to the contract renewal date for each year. 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.
4. Price Escalation and De-escalation
On Supplier’s request in the form stated herein, the City will implement an escalation/de-
escalation price adjustment annually based on these special terms. Any request for price
adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer
Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not
exceed +/- 8% for any individual year. The escalation will be determined annually at the
renewal date. The price will be increased or decreased based upon the annual percentage change
in the PPI or the percentage change in the manufacturer’s price list. Should the PPI or
manufacturer price list change exceed a minimum threshold value of +/-1%, then the stated
eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8%
limit per year. The supplier should provide documentation as percentage of each cost associated
with the unit prices quoted for consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request. If no request is made, then
it will be assumed that the current contract price will be in effect.
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
Contract # 7788
Upon receipt of such request, the City of Denton reserves the right to either: 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 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.
5. Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for performance that
falls short of specified performance standards as outlined below:
Delivery beyond contracted lead times
Performance below contracted levels (services only)
The Contractor shall be assessed a one (1%) percent fee each month when any one of the
performance standards outlined above are not met in full. The Contractor shall be assessed a two
(2%) percent profit fee each month when any two (2) or more performance standards outlined
above are not met in full. At the end of each month, the City will review the monthly reports and
determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin.
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
Contract # 7788
Exhibit C
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.
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
Contract # 7788
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.
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
Contract # 7788
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.
13. PAYMENT:
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
Contract # 7788
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
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
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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
writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
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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.
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
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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
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
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Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
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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,
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
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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
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
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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 effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
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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
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
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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
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
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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
solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article
XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including
dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the
Contractor shall render the Contract voidable by the City. The Contractor shall complete and
submit the City’s Conflict of Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
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or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
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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:
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
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A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
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 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
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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
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Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
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[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
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[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
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project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
Contract # 7788
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
RFP 7788
Brightview
Landscaping
Exhibit E
Line #Description QTY UOM Unit
87
88 Facilities Bldg ‐ 869 S Woodrow 36 Cycles $94.40
89 Facilities Bldg ‐ Bed maintenance, 3 color change outs, 1 mulch app 4 Cycles $300.16
90 DCTA Rail Yard 24 Cycles $187.57
91 DCTA Rail Yard ‐ LITTER 12 Cycles $122.60
92 Industrial Park ‐ 108 Industrial ‐Also includes Trades Square (.11ac)36 Cycles $72.35
94 Fire Station 1 ‐ 332 E. Hickory St.32 Cycles $73.33
95 Fire Station 1 Landscape Maintenance ‐ 332 E. Hickory St.48 Cycles $65.02
96 MLK Recreation Center ‐ 1300 Wilson 36 Cycles $268.90
97 Mack Park ‐ 1700 E. McKinney ‐Includes both north and south sides of McKinney and drainage channel
starting at Audra Lane and ending at southern park boundary 36 Cycles $774.45
98 Mack Park ‐ Litter 4 Cycles $1,299.61
99 Carl Young Park ‐ 327 S. Wood 24 Cycles $33.48
100 McKinney St ‐Bell Ave east to City limits, includes drainage ditch on north side of McKinney in the 800 block 24 Cycles $1,283.66
101 McKinney St ‐ Litter 12 Cycles $817.38
102 Milam Park ‐ 256 Mockingbird Ln 24 Cycles $107.48
103 Rail Trail 24 Cycles $3,169.76
104 Rail Trail ‐ Litter 12 Cycles $653.88
107 Wye St and Industrial St 24 Cycles $17.13
108 Bell Ave and Robertson 24 Cycles $212.12
109 427 Robertson ‐ Litter ‐ This is actual item price for 427 Robertson, the litter will be $40.85 per occurrence
or $163.40 for the year.24 Cycles $24.10
110 Dallas Dr ‐ Eagle & Dallas Dr ‐ To be combine with Dallas Drive; Eagle and Elm do NOT weedeat small island
with wildflowers 24 Cycles $533.30
111 Teasley Lane ‐Includes Shady Oaks medians, Dallas and Teasley greenspace, ROW, medians, Wind
River/Teasley median, and between Hickory Creek and City limits ‐ 24 Cycles $1,006.60
112 Teasley Ln medians and ROW litter and debris removal 12 Cycles $163.48
113 Fire Station 6 ‐ 3232 Teasley Ln ‐Retention pond next to fire station is included 32 Cycles $152.23
114 Fire Station 6 Landscape Maintenance ‐ 3232 Teasley Ln 48 Cycles $94.48
115 Hobson drainage channel behind church, 633 Hobson ‐Drainage channel is between Teasley and church 24 Cycles $20.02
116 Hobson drainage channel ‐ Litter 4 Cycles $20.45
117 I‐35 SB Service Rd ‐ Woodbrook to Conway ‐Includes Birchbrook Ct island 24 Cycles $129.55
118 I‐35 SB Service Rd ‐ Woodbrook to Conway ‐ Litter 4 Cycles $40.85
119 Township II ‐Includes Rio Grande medians, 4 islands, and greenspace park area 24 Cycles $122.60
120 Colorado / San Jacinto / Brinker ‐Includes .23ac at Valley Creek Road and Colorado, also Woodrow Ln
sidewalk (southbound from 300 Woodrow to end of tree line across from 725 Woodrow on west side of
road' northbound from 725 Woodrow to dirt driveway before 215 Woodrow)24 Cycles $373.15
121 Colorado Blvd Litter Debris Removal 4 Cycles $245.20
122 Mayhill (I‐35 to US380)24 Cycles $1,460.23
123 Spencer Rd. ‐Between Woodrow and Mayhill 24 Cycles $413.15
124 Spencer Rd Litter Debris Removal 4 Cycles $245.20
126 Loop 288 ‐Medians and ROW 24 Cycles $1,463.91
127 Loop 288 Litter and Debris removal 12 Cycles $572.17
128 Earnest Dallas Park 24 Cycles $206.79
129 Crapemyrtle 24 Cycles $18.77
130 Fred Moore Park ‐ 500 S. Bradshaw 24 Cycles $406.24
132 Fred Moore Athletics ‐ north side of drainage channel 36 Cycles $190.84
133 Jannie St 24 Cycles $15.00
134 Mozingo St ‐Includes dead‐end of Mozingo at railroad and small lot at intersection of Mozingo and Wayne 24 Cycles $18.77
135 Swisher Rd Edwards 24 Cycles $10.00
136 Fire Station 8 (new in 2021) 3131 Colorado Blvd 32 Cycles $70.50
138 Fire Station 8 Landscape 48 Cycles $133.84
139 South Lakes Park 1 ‐ 556 Hobson Ln 24 Cycles $1,253.86
140 South Lakes Park 2 ‐ 556 Hobson Ln 24 Cycles $1,274.70
SECTION C ‐ SOUTHEAST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Exhibit
DocuSign Envelope ID: 11142712-BCFB-46BE-A334-394347B0840B
Brightview Landscape Services,
Inc.
F
N/A
12/14/2021
X
N/A
Certificate Of Completion
Envelope Id: 11142712BCFB46BEA334394347B0840B Status: Sent
Subject: Please DocuSign: City Council Contract 7788 - BrightView
Source Envelope:
Document Pages: 33 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/10/2021 8:00:04 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 12/10/2021 2:00:12 PM
Viewed: 12/10/2021 2:00:21 PM
Signed: 12/10/2021 2:08:51 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/10/2021 2:08:53 PM
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Signed: 12/13/2021 10:50:12 AM
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Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
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Using IP Address: 68.185.202.16
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Signed: 12/14/2021 11:25:15 AM
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Jason Shear
Jason.Shear@brightview.com
SVP
BrightView Landscapes, LLC
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.21.170.159
Sent: 12/14/2021 11:25:20 AM
Viewed: 12/14/2021 8:42:44 PM
Signed: 12/14/2021 8:44:32 PM
Electronic Record and Signature Disclosure:
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ID: a84dee8c-2a79-4e65-85bc-fa8a4e9cc3e3
Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
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Signature Adoption: Drawn on Device
Using IP Address: 70.236.192.51
Signed using mobile
Sent: 12/14/2021 8:44:36 PM
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Signed: 12/14/2021 8:58:28 PM
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ID: 4d8f993b-7d93-4772-97ac-d654e7519ceb
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
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Sent: 12/14/2021 8:58:32 PM
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Sara Hensley
sara.hensley@cityofdenton.com
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Electronic Record and Signature Disclosure:
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Rosa Rios
rosa.rios@cityofdenton.com
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Electronic Record and Signature Disclosure:
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ID: 4feba34d-b3a6-43a8-9585-0ca6156b9c3a
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
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Sent: 12/10/2021 2:08:53 PM
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Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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Sent: 12/14/2021 8:58:32 PM
Viewed: 12/15/2021 8:51:32 AM
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City Secretary Office
citysecretary@cityofdenton.com
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Electronic Record and Signature Disclosure:
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Marshall McGee
marshall.mcgee@cityofdenton.com
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Electronic Record and Signature Disclosure:
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ID: 68609e18-6efb-4da3-8dfc-f1caf18e5574
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Jason Shear, Gary Packan, Rosa Rios, Marshall McGee
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-063,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a contract with Watts Ellison,LLC dba D&D Commercial Landscape
Management,for mowing and maintenance services for the Parks and Recreation,Fire,Community
Improvement Services,and the Denton Enterprise Airport Departments,Section D -Southwest Public
Buildings,Parks,Trails,and Medians and Section E -ROW and Rough Cut;providing for the expenditure of
funds therefor;and providing an effective date (RFP 7788 -awarded to Watts Ellison,LLC dba D&D
Commercial Landscape Management,for one (1)year,with the option for four (4)additional one (1)year
extensions, in the total five (5) year not-to-exceed amount of $4,292,759.00).
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Watts Ellison, LLC dba D&D Commercial
Landscape Management, for mowing and maintenance services for the Parks and Recreation, Fire,
Community Improvement Services, and the Denton Enterprise Airport Departments, Section D – Southwest
Public Buildings, Parks, Trails, and Medians and Section E – ROW and Rough Cut; providing for the
expenditure of funds therefor; and providing an effective date (RFP 7788 – awarded to Watts Ellison, LLC
dba D&D Commercial Landscape Management, for one (1) year, with the option for four (4) additional one
(1) year extensions, in the total five (5) year not-to-exceed amount of $4,292,759.00).
INFORMATION/BACKGROUND
The current contract, with D&D Commercial Landscape Management, expired at the end of the calendar
year 2021. The proposed contract will allow D&D Commercial Landscape Management to continue with
their mowing/maintenance services throughout the southwestern portion of the City as well as Right of Way
(ROW) locations throughout the City. The realistic expectation of having properly manicured turf, beds,
and ROW in the City is the Parks and Recreation Department’s (PARD) responsibility to negotiate and
oversee. The City of Denton continues to grow rapidly and acquire new properties, all of which need to be
maintained aesthetically and economically in order to make Denton an attractive and appealing city. Staff
assessed the volume needed and developed sections for the services that could be awarded to multiple
vendors. In 2020 when PARD assumed responsibility for all City department mowing contracts, an
evaluation was completed to determine if these services should be contracted out or absorbed in-house. The
evaluation determined that due to the required equipment needs and staffing levels it was fiscally
responsible to outsource the services. With this, the proposed contracts have no impact on the current
staffing levels.
Mowing is required to maintain safety and aesthetics as well as to maintain code compliance. The mowing
services provide the following benefits to the City of Denton:
1. It keeps the City in compliance with Community Improvement Services.
2. It keeps the turf aesthetically pleasing and helps to thwart the growth of weeds.
3. It keeps the areas free of litter and debris.
The anticipated cost breakdown is as follows. The contingency amount is to cover new properties and
vendor defaults.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Request for Proposals was sent to 138 prospective suppliers, including 17 Denton firms. In addition,
specifications were placed on the Materials Management website for prospective suppliers to download and
advertised in the local newspaper. Eleven (11) proposals were received, references were checked, and
proposals were evaluated based upon published criteria including availability, probable performance,
equipment, personnel, safety, and price. Best and Final Offers (BAFO) were requested from all firms. Based
upon this evaluation, Watts Ellison, LLC dba D&D Commercial Landscape Management was ranked the
highest and determined to be the best value for the City for Section D – Southwest Public Buildings, Parks,
Trails, and Medians and Section E – ROW and Rough Cut.
NIGP Code Used for Solicitation: 988 – Services, roadside, grounds,
recreational, and park area services
Notifications sent for Solicitation sent in IonWave: 138
Number of Suppliers that viewed Solicitation in IonWave: 17
HUB-Historically Underutilized Business Invitations sent out: 14
SBE-Small Business Enterprise Invitations sent out: 66
Responses from Solicitation: 11
Below is the information D&D Commercial Landscape Management provided regarding the wages they
pay their employees who will be assigned to the City’s contract.
Position Description Number of Assigned
Employees
Hourly Rate of Assigned
Employees
Foreman # 1 1 $19.50
Laborer 4 $15.25
Foreman # 2 1 $19.50
Laborer 4 $14.50
Foreman # 3 1 $19.50
Laborer 4 $14.50
RECOMMENDATION
Award a contract with Watts Ellison, LLC dba D&D Commercial Landscape Management, for mowing
and maintenance services for the Parks and Recreation, Fire, Community Improvement Services, and the
Denton Enterprise Airport Departments, Section D – Southwest Public Buildings, Parks, Trails, and
Medians and Section E – ROW and Rough Cut, in a one (1) year, with the option for four (4) additional
one (1) year extensions, in the total five (5) year not-to-exceed amount of $4,292,759.
PRINCIPAL PLACE OF BUSINESS
Watts Ellison, LLC dba D&D Commercial Landscape Management
Dallas, TX
FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 TOTAL
Section D - Southwest $391,445 $403,188 $415,283 $427,742 $440,575 $2,078,233
Section E - ROW $217,116 $223,630 $230,339 $237,249 $244,366 $1,152700
Contingency $200,000 $206,000 $212,180 $218,545 $225,101 $1,061,826
Total $808,561 $832,818 $857,802 $883,536 $910,042 $4,292,759
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year
periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
These services will be funded through the using department’s budget on an as-needed basis. The City will
only pay for services rendered and is not obligated to pay the full contract amount unless needed.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: LLC Members
Exhibit 4: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Marshall McGee, 940-349-8430.
Legal point of contact: Marcella Lunn at 940-349-8333.
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
141
142 Denia Park - 1001 Parvin -Includes Park and Rec Center, NOT the athletic fields 36 Cycles $648.90 $23,360.40 $1,001.02 $36,036.72 $560.00 $20,160.00 $408.00 $14,688.00 $575.00 $20,700.00 $576.00 $20,736.00
143 South Branch Library - 3228 Teasley Ln 36 Cycles $25.00 $900.00 $58.81 $2,117.16 $40.00 $1,440.00 $24.00 $864.00 $48.00 $1,728.00 No bid $4,500.00
144 Wiggly Field Dog Park Only - 1760 Ryan Rd ---HAS to be mowed on Wednesdays 36 Cycles $359.80 $12,952.80 $268.57 $9,668.52 $310.00 $11,160.00 $226.00 $8,136.00 $315.00 $11,340.00 $228.00 $8,208.00
145 Fire Station 7 - 4201 Vintage Blvd 32 Cycles $438.90 $14,044.80 $331.54 $10,609.28 $375.00 $12,000.00 $276.00 $8,832.00 $390.00 $12,480.00 No bid $15,800.32
146 Fire Station Landscape Maintenance 4201 Vintage Blvd 48 Cycles $35.00 $1,680.00 $161.65 $7,759.20 $50.00 $2,400.00 $96.00 $4,608.00 $24.00 $1,152.00 No bid $14,400.00
147 FM1830 / Country Club Rd -Between Hwy377 and Brush Creek Rd 24 Cycles $490.00 $11,760.00 $699.71 $16,793.04 $800.00 $19,200.00 $336.00 $8,064.00 $500.00 $12,000.00 $404.00 $9,696.00
148 FM1830 / Country Club Rd - Litter 4 Cycles $245.00 $980.00 $847.10 $3,388.40 $250.00 $1,000.00 $336.00 $1,344.00 $85.00 $340.00 $125.00 $500.00
149 Ryan Rd -Between Teasley Ln and Country Club Rd 24 Cycles $490.00 $11,760.00 $619.18 $14,860.32 $500.00 $12,000.00 $432.00 $10,368.00 $640.00 $15,360.00 $458.00 $10,992.00
150 Ryan Rd - Litter -Between Teasley Ln and Country Club Rd 4 Cycles $245.00 $980.00 $1,255.77 $5,023.08 $300.00 $1,200.00 $432.00 $1,728.00 $90.00 $360.00 $75.00 $300.00
151 W Collins St -Sidewalk on west side of Ft. Worth Dr, starting at Collins St 24 Cycles $25.00 $600.00 $24.13 $579.12 $40.00 $960.00 $24.00 $576.00 $9.00 $216.00 $58.00 $1,392.00
152 W Collins St Litter 4 Cycles $15.00 $60.00 $39.92 $159.68 $40.00 $160.00 $24.00 $96.00 $2.00 $8.00 $32.00 $128.00
153 Hwy377 -From Country Club Rd to southern City limits 24 Cycles $1,540.00 $36,960.00 $2,007.50 $48,180.00 $1,400.00 $33,600.00 $1,056.00 $25,344.00 $1,580.00 $37,920.00 $1,600.00 $38,400.00
154 Hwy377 Litter -From Country Club Rd to southern City limits 12 Cycles $770.00 $9,240.00 $827.29 $9,927.48 $250.00 $3,000.00 $880.00 $10,560.00 $305.00 $3,660.00 $125.00 $1,500.00
155 Airport - 5000 Airport Rd - Part 1 36 Cycles $350.00 $12,600.00 $472.99 $17,027.64 $350.00 $12,600.00 $220.00 $7,920.00 $355.00 $12,780.00 $325.00 $11,700.00
156 Airport - 5000 Airport Rd - Part 2 24 Cycles $298.90 $7,173.60 $305.73 $7,337.52 $300.00 $7,200.00 $205.00 $4,920.00 $305.00 $7,320.00 $280.00 $6,720.00
157 Airport - Brush Cutter - 5000 Airport Rd 8 Cycles $620.90 $4,967.20 $752.89 $6,023.12 $575.00 $4,600.00 $571.00 $4,568.00 $480.00 $3,840.00 No bid $6,023.12
158 Airport - Green Point 8 Cycles $165.00 $1,320.00 $202.38 $1,619.04 $165.00 $1,320.00 $153.00 $1,224.00 $135.00 $1,080.00 No bid $2,000.00
159 Airport - Lockheed Ln 8 Cycles $246.40 $1,971.20 $301.84 $2,414.72 $265.00 $2,120.00 $229.00 $1,832.00 $205.00 $1,640.00 No bid $2,960.00
160 Airport - Skylane north of John Carrell 24 Cycles $25.00 $600.00 $23.75 $570.00 $40.00 $960.00 $24.00 $576.00 $10.00 $240.00 $65.00 $1,560.00
161 Airport - Westcourt South 24 Cycles $28.70 $688.80 $39.67 $952.08 $40.00 $960.00 $24.00 $576.00 $38.00 $912.00 $75.00 $1,800.00
162 Airport - Dough - Weyer Hangars 24 Cycles $40.60 $974.40 $56.45 $1,354.80 $60.00 $1,440.00 $28.00 $672.00 $43.00 $1,032.00 $84.00 $2,016.00
163 Airport - Lesa Shop Grounds 24 Cycles $49.00 $1,176.00 $44.55 $1,069.20 $40.00 $960.00 $34.00 $816.00 $55.00 $1,320.00 $76.00 $1,824.00
164 Joe Skiles - 1721 Stonegate Dr.24 Cycles $343.00 $8,232.00 $464.73 $11,153.52 $350.00 $8,400.00 $235.00 $5,640.00 $305.00 $7,320.00 $248.00 $5,952.00
165 Lillian Miller Pkwy Medians 24 Cycles $66.50 $1,596.00 $216.62 $5,198.88 $75.00 $1,800.00 $46.00 $1,104.00 $68.00 $1,632.00 $138.00 $3,312.00
166 Lillian Miller Pkwy Medians - Litter 12 Cycles $33.25 $399.00 $91.64 $1,099.68 $50.00 $600.00 $38.00 $456.00 $10.00 $120.00 $28.00 $336.00
167 Owsley Park - 2425 Stella 24 Cycles $25.00 $600.00 $77.28 $1,854.72 $50.00 $1,200.00 $24.00 $576.00 $10.00 $240.00 $69.00 $1,656.00
168 Westridge Island 24 Cycles $25.00 $600.00 $42.96 $1,031.04 $40.00 $960.00 $24.00 $576.00 $20.00 $480.00 $54.00 $1,296.00
169 Kendolph dr and Underwood St 24 Cycles $25.00 $600.00 $19.63 $471.12 $40.00 $960.00 $24.00 $576.00 $15.00 $360.00 $64.00 $1,536.00
170 Hobson Ln 24 Cycles $375.20 $9,004.80 $376.45 $9,034.80 $350.00 $8,400.00 $258.00 $6,192.00 $385.00 $9,240.00 $465.00 $11,160.00
171 Briercliff Park - 3200 State School Rd 24 Cycles $654.50 $15,708.00 $526.85 $12,644.40 $565.00 $13,560.00 $449.00 $10,776.00 $580.00 $13,920.00 $432.00 $10,368.00
172 FM2499 and State School Road -Between I-35 and first median just north of Hickory Creek Rd 24 Cycles $1,325.80 $31,819.20 $1,136.61 $27,278.64 $1,150.00 $27,600.00 $909.00 $21,816.00 $1,190.00 $28,560.00 No bid $47,760.00
173 Wheeler Ridge Park - 3101 Saddleback Dr 24 Cycles $587.30 $14,095.20 $602.45 $14,458.80 $500.00 $12,000.00 $403.00 $9,672.00 $530.00 $12,720.00 No bid $14,458.80
174 Robinson Rd and Berkley Dr 24 Cycles $840.00 $20,160.00 $62.13 $1,491.12 $40.00 $960.00 $24.00 $576.00 $20.00 $480.00 No bid $20,160.00
175 Crosstimbers Park-8402 Clear River-On the mapping, this includes Cross Timbers North, South, & at Montecito Pond 24 Cycles $1,372.70 $32,944.80 $1,441.05 $34,585.20 $1,200.00 $28,800.00 $941.00 $22,584.00 $1,230.00 $29,520.00 No bid $37,062.48
176 Crosstimbers Park - North 24 Cycles $291.20 $6,988.80 $0.01 $0.24 $250.00 $6,000.00 $200.00 $4,800.00 $255.00 $6,120.00 No bid $7,862.40
177 Crosstimbers Park - South 24 Cycles $1,033.20 $24,796.80 $0.01 $0.24 $900.00 $21,600.00 $708.00 $16,992.00 $915.00 $21,960.00 No bid $24,796.80
178 Lake Forest Park - 1760 Ryan Rd.24 Cycles $616.70 $14,800.80 $634.30 $15,223.20 $530.00 $12,720.00 $423.00 $10,152.00 $550.00 $13,200.00 $595.00 $14,280.00
179 Hickory Creek 24 Cycles $715.40 $17,169.60 $985.80 $23,659.20 $750.00 $18,000.00 $491.00 $11,784.00 $735.00 $17,640.00 $720.00 $17,280.00
180 Hickory Creek Litter 12 Cycles $357.70 $4,292.40 $418.59 $5,023.08 $200.00 $2,400.00 $409.00 $4,908.00 $110.00 $1,320.00 $95.00 $1,140.00
181 Bent Creek Estates 24 Cycles $78.40 $1,881.60 $45.80 $1,099.20 $75.00 $1,800.00 $54.00 $1,296.00 $75.00 $1,800.00 $97.00 $2,328.00
182 Vintage Blvd -Under Construction 24 Cycles $628.60 $15,086.40 $689.48 $16,547.52 $600.00 $14,400.00 $431.00 $10,344.00 $650.00 $15,600.00 No bid No bid
183 Wisteria 24 Cycles $25.00 $600.00 $15.59 $374.16 $25.00 $600.00 $24.00 $576.00 $10.00 $240.00 $75.00 $1,800.00
184 Symamore and Stoud 24 Cycles $25.00 $600.00 $17.60 $422.40 $40.00 $960.00 $24.00 $576.00 $15.00 $360.00 $76.00 $1,824.00
Item #
1
2
3
4
5
6
$386,121.28 $334,160.00
28.50 19.5021.00
20.62
28.50 19.5015.00
Brightview
Landscaping Natures Greenery Incircle Management
Inc
15.00 8.005.75
4.25 4.253.504.25
Southlake Landscape &
Maintenance Inc.Firehouse22
86.62 63.3067.00
9.75 5.756.755.75 6.259.50
8.50 5.756.005.75 6.25
20.22
75.62 64.8978.72
9.50
8.00 5.7515.00
3.503.50
$260,284.00 $330,260.00 $389,523.92
Equipment (10 Points)
Personnel (10 Points)
Total Score:
Total:$378,724.60
D&D Commercial
Landscape Management
Evaluation
Scoring Criteria
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
20.0530.0023.37 23.64
SECTION D - SOUTHWEST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
Exhibit 2
RFP 7788 - PARD Mowing Services - Section D
Respondent's Business Name:
Brightview
Landscaping Natures GreeneryD&D Commercial
Landscape Management
Incircle Management
Inc
Southlake Landscape &
Maintenance Inc.Firehouse22
Principal Place of Business (City and State):Prosper, TX Haltom City, TXDallas, TX Westlake, TX Lewisville, TX Denton, TX
Line #Description QTY UOM
141
142 Denia Park - 1001 Parvin -Includes Park and Rec Center, NOT the athletic fields 36 Cycles
143 South Branch Library - 3228 Teasley Ln 36 Cycles
144 Wiggly Field Dog Park Only - 1760 Ryan Rd ---HAS to be mowed on Wednesdays 36 Cycles
145 Fire Station 7 - 4201 Vintage Blvd 32 Cycles
146 Fire Station Landscape Maintenance 4201 Vintage Blvd 48 Cycles
147 FM1830 / Country Club Rd -Between Hwy377 and Brush Creek Rd 24 Cycles
148 FM1830 / Country Club Rd - Litter 4 Cycles
149 Ryan Rd -Between Teasley Ln and Country Club Rd 24 Cycles
150 Ryan Rd - Litter -Between Teasley Ln and Country Club Rd 4 Cycles
151 W Collins St -Sidewalk on west side of Ft. Worth Dr, starting at Collins St 24 Cycles
152 W Collins St Litter 4 Cycles
153 Hwy377 -From Country Club Rd to southern City limits 24 Cycles
154 Hwy377 Litter -From Country Club Rd to southern City limits 12 Cycles
155 Airport - 5000 Airport Rd - Part 1 36 Cycles
156 Airport - 5000 Airport Rd - Part 2 24 Cycles
157 Airport - Brush Cutter - 5000 Airport Rd 8 Cycles
158 Airport - Green Point 8 Cycles
159 Airport - Lockheed Ln 8 Cycles
160 Airport - Skylane north of John Carrell 24 Cycles
161 Airport - Westcourt South 24 Cycles
162 Airport - Dough - Weyer Hangars 24 Cycles
163 Airport - Lesa Shop Grounds 24 Cycles
164 Joe Skiles - 1721 Stonegate Dr.24 Cycles
165 Lillian Miller Pkwy Medians 24 Cycles
166 Lillian Miller Pkwy Medians - Litter 12 Cycles
167 Owsley Park - 2425 Stella 24 Cycles
168 Westridge Island 24 Cycles
169 Kendolph dr and Underwood St 24 Cycles
170 Hobson Ln 24 Cycles
171 Briercliff Park - 3200 State School Rd 24 Cycles
172 FM2499 and State School Road -Between I-35 and first median just north of Hickory Creek Rd 24 Cycles
173 Wheeler Ridge Park - 3101 Saddleback Dr 24 Cycles
174 Robinson Rd and Berkley Dr 24 Cycles
175 Crosstimbers Park-8402 Clear River-On the mapping, this includes Cross Timbers North, South, & at Montecito Pond 24 Cycles
176 Crosstimbers Park - North 24 Cycles
177 Crosstimbers Park - South 24 Cycles
178 Lake Forest Park - 1760 Ryan Rd.24 Cycles
179 Hickory Creek 24 Cycles
180 Hickory Creek Litter 12 Cycles
181 Bent Creek Estates 24 Cycles
182 Vintage Blvd -Under Construction 24 Cycles
183 Wisteria 24 Cycles
184 Symamore and Stoud 24 Cycles
Item #
1
2
3
4
5
6
Equipment (10 Points)
Personnel (10 Points)
Total Score:
Total:
Evaluation
Scoring Criteria
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
SECTION D - SOUTHWEST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
Exhibit 2
RFP 7788 - PARD Mowing Services - Section D
Respondent's Business Name:
Principal Place of Business (City and State):
Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
$520.00 $18,720.00 $521.43 $18,771.48
$125.00 $4,500.00 $35.93 $1,293.48
$300.00 $10,800.00 $404.77 $14,571.72
$255.00 $9,600.00 $493.76 $15,800.32
$200.00 $14,400.00 $157.50 $7,560.00
$455.00 $17,640.00 $551.24 $13,229.76
$150.00 $1,000.00 $229.68 $918.72
$585.00 $15,120.00 $506.24 $12,149.76
$150.00 $800.00 $295.31 $1,181.24
$75.00 $1,800.00 $25.00 $600.00
$75.00 $300.00 $25.00 $100.00
$1,430.00 $55,440.00 $1,237.48 $29,699.52
$540.00 $12,000.00 $721.86 $8,662.32
$300.00 $14,400.00 $393.74 $14,174.64
$325.00 $9,240.00 $381.45 $9,154.80
$750.00 $5,280.00 $493.87 $3,950.96 $658.50 $5,268.00
$250.00 $2,000.00 $185.85 $1,486.80 $177.00 $1,416.00
$370.00 $2,960.00 $277.20 $2,217.60 $264.00 $2,112.00
$150.00 $4,800.00 $25.00 $600.00
$150.00 $6,000.00 $32.29 $774.96
$150.00 $6,000.00 $45.67 $1,096.08
$150.00 $6,000.00 $55.12 $1,322.88
$250.00 $6,480.00 $385.87 $9,260.88
$300.00 $12,000.00 $74.81 $1,795.44
$150.00 $6,000.00 $31.17 $374.04
$45.00 $1,080.00 $25.00 $600.00
$45.00 $1,080.00 $25.00 $600.00
$45.00 $1,080.00 $25.00 $600.00
$350.00 $13,560.00 $422.09 $10,130.16
$380.00 $10,200.00 $544.01 $13,056.24
$1,235.00 $47,760.00 $1,065.36 $25,568.64
$520.00 $12,480.00 $395.91 $9,501.84
$45.00 $1,080.00 $25.00 $600.00
$1,040.00 $24,960.00 $1,544.27 $37,062.48
$240.00 $5,760.00 $327.60 $7,862.40
$800.00 $19,200.00 $830.24 $19,925.76
$825.00 $19,800.00 $693.78 $16,650.72
$665.00 $22,080.00 $665.26 $15,966.24
$250.00 $6,000.00 $335.34 $4,024.08
$125.00 $3,000.00 $88.20 $2,116.80
$600.00 $22,680.00 $797.56 $19,141.44
$45.00 $1,080.00 $25.00 $600.00
$80.00 $1,920.00 $25.00 $600.00
Hoot's Lawn Care,
LLC
0.000.00
Freedom
Services
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
6.0016.50 0.00
1.507.25
2.754.25
M.E.T. Lawn Care Yellowstone Landscape
34.7255.05
0.00
1.255.00 0.000.00 0.00
1.255.00
0.000.00 0.00
0.000.00
0.000.00
0.000.00
0.000.00 0.00
0.00
$458,080.00 $355,354.20
Evaluation
0.00
21.9717.05
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No Bid
SECTION D - SOUTHWEST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
Exhibit 2
RFP 7788 - PARD Mowing Services - Section D
M.E.T. Lawn Care Yellowstone Landscape
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Freedom
Services
Hoot's Lawn Care,
LLC
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
Denton, TX Dallas, TX Denton, TXBurleson, TX Denton, TX
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
185
186 BARTHOLD RD 7 Cycles $698.40 $4,888.80 $650.00 $4,550.00 $748.00 $5,236.00 $742.00 $5,194.00 $593.00 $4,151.00 $654.75 $4,583.25 $826.37 $5,784.59
187 BONNIE BRAE 7 Cycles $2,072.00 $14,504.00 $1,900.00 $13,300.00 $2,220.01 $15,540.07 $2,201.00 $15,407.00 $1,761.00 $12,327.00 $1,942.50 $13,597.50 $412.41 $2,886.87
188 BURGER RD 7 Cycles $180.00 $1,260.00 $170.00 $1,190.00 $192.59 $1,348.13 $191.00 $1,337.00 $153.00 $1,071.00 $1,687.50 $11,812.50 $2,452.62 $17,168.34
189 CHINN RD 7 Cycles $200.00 $1,400.00 $150.00 $1,050.00 $213.95 $1,497.65 $212.00 $1,484.00 $170.00 $1,190.00 $1,687.50 $11,812.50 $212.77 $1,489.39
190 COOPER CREEK RD 7 Cycles $248.00 $1,736.00 $230.00 $1,610.00 $265.90 $1,861.30 $263.00 $1,841.00 $211.00 $1,477.00 $232.50 $1,627.50 $236.36 $1,654.52
191 COOPER CREEK RD MEDIAN 7 Cycles $25.00 $175.00 $25.00 $175.00 $3.55 $24.85 $5.00 $35.00 $60.00 $420.00 $75.00 $525.00 $293.76 $2,056.32
192 COWLING RD 7 Cycles $72.00 $504.00 $75.00 $525.00 $77.47 $542.29 $80.00 $560.00 $62.00 $434.00 $75.00 $525.00 $25.00 $175.00
193 ELM BOTTOM CIRCLE 7 Cycles $58.40 $408.80 $75.00 $525.00 $62.55 $437.85 $70.00 $490.00 $60.00 $420.00 $75.00 $525.00 $85.58 $599.06
194 FARRIS RD 7 Cycles $30.40 $212.80 $50.00 $350.00 $32.60 $228.20 $40.00 $280.00 $60.00 $420.00 $75.00 $525.00 $36.02 $252.14
195 FISHTRAP RD 7 Cycles $157.60 $1,103.20 $150.00 $1,050.00 $168.99 $1,182.93 $167.00 $1,169.00 $134.00 $938.00 $150.00 $1,050.00 $186.69 $1,306.83
196 GANZER 7 Cycles $741.60 $5,191.20 $700.00 $4,900.00 $794.22 $5,559.54 $878.00 $6,146.00 $630.00 $4,410.00 $695.25 $4,866.75 $877.44 $6,142.08
197 GEESLING 7 Cycles $100.80 $705.60 $100.00 $700.00 $107.71 $753.97 $107.00 $749.00 $85.00 $595.00 $95.00 $665.00 $119.00 $833.00
198 GREEN VALLEY RD 7 Cycles $94.40 $660.80 $100.00 $700.00 $100.77 $705.39 $100.00 $700.00 $80.00 $560.00 $95.00 $665.00 $111.33 $779.31
199 GRISSOM 7 Cycles $42.40 $296.80 $75.00 $525.00 $45.04 $315.28 $45.00 $315.00 $60.00 $420.00 $75.00 $525.00 $126.68 $886.76
201 HAMPTON RD 7 Cycles $107.20 $750.40 $130.00 $910.00 $114.67 $802.69 $114.00 $798.00 $91.00 $637.00 $100.50 $703.50 $126.68 $886.76
202 HARTLEE FIELD RD 7 Cycles $134.40 $940.80 $150.00 $1,050.00 $143.57 $1,004.99 $142.00 $994.00 $114.00 $798.00 $126.00 $882.00 $158.62 $1,110.34
203 HERCULES ST.7 Cycles $45.60 $319.20 $50.00 $350.00 $49.25 $344.75 $50.00 $350.00 $39.00 $273.00 $75.00 $525.00 $54.41 $380.87
204 Stuart Rd_Long Rd 7 Cycles $231.20 $1,618.40 $150.00 $1,050.00 $247.72 $1,734.04 $245.00 $1,715.00 $197.00 $1,379.00 $216.75 $1,517.25 $273.67 $1,915.69
205 KINGS ROW 7 Cycles $390.40 $2,732.80 $350.00 $2,450.00 $418.25 $2,927.75 $414.00 $2,898.00 $332.00 $2,324.00 $366.00 $2,562.00 $462.07 $3,234.49
206 LOVERS LN 7 Cycles $488.00 $3,416.00 $450.00 $3,150.00 $522.87 $3,660.09 $518.00 $3,626.00 $415.00 $2,905.00 $457.50 $3,202.50 $577.65 $4,043.55
207 MASCH BRANCH RD 1 7 Cycles $284.00 $1,988.00 $250.00 $1,750.00 $304.49 $2,131.43 $301.00 $2,107.00 $242.00 $1,694.00 $266.25 $1,863.75 $336.40 $2,354.80
208 MASCH BRANCH RD 2 7 Cycles $652.80 $4,569.60 $600.00 $4,200.00 $699.79 $4,898.53 $693.00 $4,851.00 $555.00 $3,885.00 $612.00 $4,284.00 $773.11 $5,411.77
209 MILLS RD 7 Cycles $296.80 $2,077.60 $280.00 $1,960.00 $318.34 $2,228.38 $315.00 $2,205.00 $252.00 $1,764.00 $275.00 $1,925.00 $351.69 $2,461.83
210 MOCKINGBIRD 7 Cycles $165.60 $1,159.20 $150.00 $1,050.00 $177.83 $1,244.81 $175.00 $1,225.00 $141.00 $987.00 $155.25 $1,086.75 $196.47 $1,375.29
211 PERTAIN ST 7 Cycles $25.00 $175.00 $50.00 $350.00 $25.82 $180.74 $25.00 $175.00 $60.00 $420.00 $75.00 $525.00 $28.53 $199.71
212 RINEY RD 7 Cycles $25.00 $175.00 $40.00 $280.00 $16.06 $112.42 $20.00 $140.00 $60.00 $420.00 $75.00 $525.00 $25.00 $175.00
213 S. TRINITY RD 7 Cycles $387.20 $2,710.40 $375.00 $2,625.00 $414.81 $2,903.67 $411.00 $2,877.00 $329.00 $2,303.00 $363.00 $2,541.00 $458.27 $3,207.89
214 SHEPARD DR 7 Cycles $67.20 $470.40 $100.00 $700.00 $71.96 $503.72 $71.00 $497.00 $60.00 $420.00 $75.00 $525.00 $79.50 $556.50
215 SILVERDOME RD 7 Cycles $90.40 $632.80 $100.00 $700.00 $96.86 $678.02 $96.00 $672.00 $77.00 $539.00 $85.00 $595.00 $107.01 $749.07
216 THOMAS J EAGAN RD 7 Cycles $207.20 $1,450.40 $100.00 $700.00 $222.03 $1,554.21 $220.00 $1,540.00 $176.00 $1,232.00 $194.25 $1,359.75 $245.29 $1,717.03
217 TRINITY RD 7 Cycles $206.40 $1,444.80 $200.00 $1,400.00 $221.50 $1,550.50 $219.00 $1,533.00 $176.00 $1,232.00 $194.25 $1,359.75 $245.11 $1,715.77
218 WARSCHUN RD 7 Cycles $84.80 $593.60 $100.00 $700.00 $90.89 $636.23 $85.00 $595.00 $72.00 $504.00 $80.00 $560.00 $100.41 $702.87
219 WESTERN BLVD 7 Cycles $2,028.00 $14,196.00 $1,600.00 $11,200.00 $2,172.80 $15,209.60 $2,154.00 $15,078.00 $1,724.00 $12,068.00 $1,901.25 $13,308.75 $1,377.67 $9,643.69
220 ACME ST 7 Cycles $28.00 $196.00 $40.00 $280.00 $30.20 $211.40 $30.00 $210.00 $60.00 $420.00 $75.00 $525.00 $33.37 $233.59
221 BRIDGES ST 7 Cycles $108.00 $756.00 $50.00 $350.00 $115.63 $809.41 $114.00 $798.00 $92.00 $644.00 $100.00 $700.00 $127.75 $894.25
222 BRUSH CREEK RD 7 Cycles $388.80 $2,721.60 $365.00 $2,555.00 $416.63 $2,916.41 $413.00 $2,891.00 $331.00 $2,317.00 $364.50 $2,551.50 $460.29 $3,222.03
223 C WOLFE RD 7 Cycles $271.20 $1,898.40 $300.00 $2,100.00 $290.23 $2,031.61 $288.00 $2,016.00 $230.00 $1,610.00 $254.25 $1,779.75 $320.63 $2,244.41
224 CORBIN RD 7 Cycles $66.40 $464.80 $200.00 $1,400.00 $71.30 $499.10 $75.00 $525.00 $60.00 $420.00 $75.00 $525.00 $78.77 $551.39
225 CREEKDALE DR 7 Cycles $25.00 $175.00 $50.00 $350.00 $14.48 $101.36 $20.00 $140.00 $60.00 $420.00 $75.00 $525.00 $25.00 $175.00
226 DAUGHTERY 7 Cycles $30.40 $212.80 $40.00 $280.00 $32.42 $226.94 $35.00 $245.00 $60.00 $420.00 $75.00 $525.00 $35.82 $250.74
227 EDWARDS RD 7 Cycles $264.00 $1,848.00 $300.00 $2,100.00 $283.19 $1,982.33 $280.00 $1,960.00 $225.00 $1,575.00 $247.50 $1,732.50 $312.86 $2,190.02
228 H LIVELY RD 7 Cycles $136.80 $957.60 $150.00 $1,050.00 $146.20 $1,023.40 $144.00 $1,008.00 $116.00 $812.00 $128.25 $897.75 $161.52 $1,130.64
229 JAMES ST 7 Cycles $176.00 $1,232.00 $100.00 $700.00 $188.21 $1,317.47 $187.00 $1,309.00 $149.00 $1,043.00 $165.00 $1,155.00 $207.93 $1,455.51
230 JIM CHRISTAL RD 7 Cycles $990.40 $6,932.80 $920.00 $6,440.00 $1,061.02 $7,427.14 $1,052.00 $7,364.00 $842.00 $5,894.00 $928.50 $6,499.50 $1,172.20 $8,205.40
231 JOHNSON LN 7 Cycles $126.40 $884.80 $120.00 $840.00 $135.63 $949.41 $134.00 $938.00 $108.00 $756.00 $118.50 $829.50 $149.85 $1,048.95
232 MEADOW ST 7 Cycles $59.20 $414.40 $75.00 $525.00 $63.51 $444.57 $63.00 $441.00 $60.00 $420.00 $75.00 $525.00 $70.17 $491.19
233 MISSION ST 7 Cycles $32.00 $224.00 $40.00 $280.00 $34.29 $240.03 $35.00 $245.00 $60.00 $420.00 $75.00 $525.00 $37.89 $265.23
234 MYRTLE ST 7 Cycles $44.80 $313.60 $100.00 $700.00 $47.98 $335.86 $40.00 $280.00 $60.00 $420.00 $75.00 $525.00 $53.01 $371.07
235 OAK ST MEDIANS 7 Cycles $297.60 $2,083.20 $300.00 $2,100.00 $318.86 $2,232.02 $316.00 $2,212.00 $253.00 $1,771.00 $279.00 $1,953.00 $352.27 $2,465.89
236 OLD JOHN PAINE RD 7 Cycles $777.60 $5,443.20 $730.00 $5,110.00 $833.53 $5,834.71 $826.00 $5,782.00 $661.00 $4,627.00 $729.00 $5,103.00 $920.87 $6,446.09
237 POKRUS PAIGE RD 7 Cycles $56.00 $392.00 $75.00 $525.00 $59.73 $418.11 $59.00 $413.00 $60.00 $420.00 $75.00 $525.00 $65.99 $461.93
238 POST OAK BLVD 7 Cycles $222.40 $1,556.80 $200.00 $1,400.00 $237.95 $1,665.65 $236.00 $1,652.00 $189.00 $1,323.00 $208.50 $1,459.50 $262.88 $1,840.16
239 ROSELAWN DR 7 Cycles $568.80 $3,981.60 $530.00 $3,710.00 $609.01 $4,263.07 $604.00 $4,228.00 $483.00 $3,381.00 $533.25 $3,732.75 $672.82 $4,709.74
240 S. LOCUST ST 7 Cycles $224.00 $1,568.00 $175.00 $1,225.00 $240.38 $1,682.66 $182.00 $1,274.00 $191.00 $1,337.00 $210.00 $1,470.00 $265.57 $1,858.99
241 SHADY SHORES RD 7 Cycles $26.40 $184.80 $50.00 $350.00 $28.03 $196.21 $40.00 $280.00 $60.00 $420.00 $75.00 $525.00 $30.97 $216.79
242 SPRINGSIDE RD 7 Cycles $105.60 $739.20 $100.00 $700.00 $112.97 $790.79 $112.00 $784.00 $90.00 $630.00 $100.00 $700.00 $124.80 $873.60
243 SWISHER RD 1 7 Cycles $53.60 $375.20 $100.00 $700.00 $57.24 $400.68 $55.00 $385.00 $60.00 $420.00 $75.00 $525.00 $63.24 $442.68
244 SWISHER RD 2 7 Cycles $242.40 $1,696.80 $200.00 $1,400.00 $260.05 $1,820.35 $257.00 $1,799.00 $206.00 $1,442.00 $227.50 $1,592.50 $287.30 $2,011.10
245 TOM COLE RD 7 Cycles $955.20 $6,686.40 $900.00 $6,300.00 $1,023.64 $7,165.48 $776.00 $5,432.00 $812.00 $5,684.00 $895.50 $6,268.50 $1,130.89 $7,916.23
246 UNDERWOOD RD 7 Cycles $359.20 $2,514.40 $350.00 $2,450.00 $384.68 $2,692.76 $381.00 $2,667.00 $305.00 $2,135.00 $336.75 $2,357.25 $424.99 $2,974.93
247 WESTCOURT RD 7 Cycles $179.20 $1,254.40 $170.00 $1,190.00 $191.60 $1,341.20 $190.00 $1,330.00 $152.00 $1,064.00 $168.00 $1,176.00 $211.68 $1,481.76
248 WILLOWOOD 7 Cycles $51.20 $358.40 $50.00 $350.00 $54.92 $384.44 $55.00 $385.00 $60.00 $420.00 $75.00 $525.00 $60.67 $424.69
249 WYE ST 7 Cycles $56.80 $397.60 $75.00 $525.00 $60.75 $425.25 $70.00 $490.00 $60.00 $420.00 $75.00 $525.00 $67.11 $469.77
250 SANDERS RD 7 Cycles $164.00 $1,148.00 $150.00 $1,050.00 $176.13 $1,232.91 $174.00 $1,218.00 $140.00 $980.00 $153.75 $1,076.25 $194.59 $1,362.13
251 1100 South Mayhill Pecan Orchard Basins Plant Areas Brush Cut 2 Cycles $7,120.00 $14,240.00 $6,700.00 $13,400.00 $7,628.57 $15,257.14 $4,450.00 $8,900.00 $6,052.00 $12,104.00 $8,000.00 $16,000.00 $4,836.96 $9,673.92
252 Robson Ranch Rd 7 Cycles $109.60 $767.20 $150.00 $1,050.00 $117.43 $822.01 $116.00 $812.00 $93.00 $651.00 $102.75 $719.25 $129.73 $908.11
Burleson, TX Denton, TX
Natures Greenery
Haltom City, TX
Respondent's Business Name:
Principal Place of Business (City and State):Lewisville, TX Denton, TX Denton, TXDallas, TX Denton, TXProsper, TXDallas, TX Westlake, TX
Exhibit 2
RFP 7788 - PARD Mowing Services - Section E
Brightview Landscaping
D&D Commercial
Landscape
Management
Incircle Management
Inc
Southlake Landscape &
Maintenance Inc.
M.E.T. Lawn
Care Firehouse22Yellowstone Landscape Freedom
ServicesHoot's Lawn Care, LLC
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
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No Bid
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No Bid
No Bid
No Bid
No Bid
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No Bid
No Bid
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No Bid
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No Bid
SECTION E - ROW AND ROUGH CUT
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
Burleson, TX Denton, TX
Natures Greenery
Haltom City, TX
Respondent's Business Name:
Principal Place of Business (City and State):Lewisville, TX Denton, TX Denton, TXDallas, TX Denton, TXProsper, TXDallas, TX Westlake, TX
Exhibit 2
RFP 7788 - PARD Mowing Services - Section E
Brightview Landscaping
D&D Commercial
Landscape
Management
Incircle Management
Inc
Southlake Landscape &
Maintenance Inc.
M.E.T. Lawn
Care Firehouse22Yellowstone Landscape Freedom
ServicesHoot's Lawn Care, LLC
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
SECTION E - ROW AND ROUGH CUT253Fulton's Lot 7 Cycles $920.00 $6,440.00 $875.00 $6,125.00 $985.72 $6,900.04 $977.00 $6,839.00 $782.00 $5,474.00 $862.50 $6,037.50 $1,089.00 $7,623.00
254 North Lakes Park 2 -South of Windsor, encompasses Disc Golf, lake, dam, etc 7 Cycles $9,512.00 $66,584.00 $8,950.00 $62,650.00 $10,191.47 $71,340.29 $8,909.00 $62,363.00 $8,085.00 $56,595.00 $8,917.50 $62,422.50 $8,042.37 $56,296.59
255 Woodrow Open Space -Located on the south side of Monsignor King Outreach Center 7 Cycles $672.80 $4,709.60 $630.00 $4,410.00 $720.86 $5,046.02 $714.00 $4,998.00 $572.00 $4,004.00 $630.75 $4,415.25 $796.39 $5,574.73
Item #
1
2
3
4
5
6
Equipment (10 Points)
Personnel (10 Points)
Total Score:
Evaluation
Total:
Scoring Criteria
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
No Bid
No Bid
No Bid
No Bid
No Bid
No BidNo Bid
No Bid
No Bid No Bid
No Bid
No Bid
$0.00 $0.00 $0.00$214,196.00 $187,510.00 $232,084.75 $222,619.38 $0.00
0.00 0.00 0.00 0.00
84.02 77.00 67.51 66.25 60.99 38.02 0.00 0.00 0.00 0.00
10.00 6.25 6.00 6.25 1.25
0.00
6.25 10.00 6.25 6.00 6.25 1.25 0.00 0.00 0.00 0.0010.00
10.00
93.69
27.52
28.50
4.25
9.00
8.50
15.00 8.25 5.75 5.75 5.75 1.50 0.00 0.00
3.50 2.75 0.00 0.00 0.00
0.00
M.E.T. Lawn
Care
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
Firehouse22
6.00 0.00 0.00 0.00 0.00
0.004.25 3.50 3.50 3.50
Brightview Landscaping Southlake Landscape &
Maintenance Inc.
Incircle Management
Inc Hoot's Lawn Care, LLC Yellowstone Landscape
28.50 21.00 19.50 15.00 15.00
D&D Commercial
Landscape
Management
Natures Greenery Freedom
Services
24.24 25.27 0.00 0.00 0.0025.94 24.25 26.26 30.00 0.00
$216,820.00 $204,395.00 $231,968.25
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
WATTS ELLISON, LLC DBA D&D COMMERCIAL LANDSCAPE MANAGEMENT, FOR
MOWING AND MAINTENANCE SERVICES FOR THE PARKS AND RECREATION, FIRE,
COMMUNITY IMPROVEMENT SERVICES, AND THE DENTON ENTERPRISE AIRPORT
DEPARTMENTS, SECTION D SOUTHWEST PUBLIC BUILDINGS, PARKS, TRAILS, AND
MEDIANS AND SECTION E ROW AND ROUGH CUT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7788
AWARDED TO WATTS ELLISON, LLC DBA D&D COMMERCIAL LANDSCAPE
MANAGEMENT, FOR ONE (1) YEAR, WITH THE OPTION FOR FOUR (4) ADDITIONAL
ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT-TO-EXCEED AMOUNT
OF $4,292,759.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for
mowing and maintenance services; and
WHEREAS, the City Manager, or a designated employee, has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
7788-Sec. D, E Watts Ellison, LLC dba $4,292,759.00
D&D Commercial Landscape Management
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposals, the City Manager, or their designated
representative, is hereby authorized to execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities, and specified sums contained in the Proposal and related documents herein
approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _________________________________
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: FB0E00CD-3267-4759-8F1B-74AC74546B9F
PARD Mowing Services
RFP
Erica Garcia
Yes
7788 Mowing Services
Contract # 7788
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND WATTS ELLISON, LLC DBA D&D COMMERCIAL
LANDSCAPE MANAGEMENT
(CONTRACT 7788)
THIS CONTRACT is made and entered into this date ______________________, by
and between WATTS ELLISON, LLC DBA D&D COMMERCIAL LANDSCAPE
MANAGEMENT a Texas Limited Liability Company, whose address is 9076 FOREST LN,
DALLAS, TX 75243, hereinafter referred to as "Contractor," 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
Contractor shall provide products and/or services in accordance with the City’s document
RFP 7788 – PARD Mowing Services, 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 and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s RFP 7788 (Exhibit “B” on File at the Office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Insurance Requirements (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit "E");
(f) Contractor’s Proposal (Exhibit "F");
(g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
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Contract # 7788
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor, pursuant to
Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive
payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization.
Failure to meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
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2021-832654
972-352-3402
dave@ddmowing.com
Director
Dave Myers
Gary Packan
Director of Parks and Recreation
Parks and Recreation
Contract # 7788
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The total contract for Section D & E of RFP 7788, which Section D & E only is awarded by this
Contract for the supply of Section D – South West & Section E - ROW, shall not exceed
$4,292,759. Pricing shall be per Exhibit F attached.
2. The Quantities
The quantities indicated on Exhibit F 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.
3. Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional four (4) one-year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall
automatically renew each year, from the date of award by City Council. The Supplier’s request to
not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior
to the contract renewal date for each year. 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.
4. Price Escalation and De-escalation
On Supplier’s request in the form stated herein, the City will implement an escalation/de-
escalation price adjustment annually based on these special terms. Any request for price
adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer
Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not
exceed +/- 8% for any individual year. The escalation will be determined annually at the
renewal date. The price will be increased or decreased based upon the annual percentage change
in the PPI or the percentage change in the manufacturer’s price list. Should the PPI or
manufacturer price list change exceed a minimum threshold value of +/-1%, then the stated
eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8%
limit per year. The supplier should provide documentation as percentage of each cost associated
with the unit prices quoted for consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request. If no request is made, then
it will be assumed that the current contract price will be in effect.
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Contract # 7788
Upon receipt of such request, the City of Denton reserves the right to either: 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 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.
5. Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for performance that
falls short of specified performance standards as outlined below:
Delivery beyond contracted lead times
Performance below contracted levels (services only)
The Contractor shall be assessed a one (1%) percent fee each month when any one of the
performance standards outlined above are not met in full. The Contractor shall be assessed a two
(2%) percent profit fee each month when any two (2) or more performance standards outlined
above are not met in full. At the end of each month, the City will review the monthly reports and
determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin.
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Exhibit C
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
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Contract # 7788
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
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Contract # 7788
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.
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
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Contract # 7788
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
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
negotiated.
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Contract # 7788
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
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
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Contract # 7788
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.
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
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Contract # 7788
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
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
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services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
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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,
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
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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
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
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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 effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
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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
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
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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
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
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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
solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article
XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including
dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the
Contractor shall render the Contract voidable by the City. The Contractor shall complete and
submit the City’s Conflict of Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
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the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
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refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
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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
respondent.
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Contract # 7788
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 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
DocuSign Envelope ID: FB0E00CD-3267-4759-8F1B-74AC74546B9F
Contract # 7788
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
DocuSign Envelope ID: FB0E00CD-3267-4759-8F1B-74AC74546B9F
Contract # 7788
Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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Contract # 7788
Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
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Contract # 7788
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
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Contract # 7788
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
DocuSign Envelope ID: FB0E00CD-3267-4759-8F1B-74AC74546B9F
Contract # 7788
ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
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Contract # 7788
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
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Contract # 7788
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
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Contract # 7788
Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
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RFP 7788
DD Mowing (D&D
COMMERCIAL LANDSCAPE
MANAGEMENT)
Exhibit F
Line #Description QTY UOM Unit
141 SECTION D ‐ SOUTHWEST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
142 Denia Park ‐ 1001 Parvin ‐Includes Park and Rec Center, NOT the athletic fields 36 Cycles 648.90$
143 South Branch Library ‐ 3228 Teasley Ln 36 Cycles 25.00$
144 Wiggly Field Dog Park Only ‐ 1760 Ryan Rd ‐‐‐HAS to be mowed on Wednesdays‐‐36 Cycles 359.80$
145 Fire Station 7 ‐ 4201 Vintage Blvd 32 Cycles 438.90$
146 Fire Station Landscape Maintenance 4201 Vintage Blvd 48 Cycles 35.00$
147 FM1830 / Country Club Rd ‐Between Hwy377 and Brush Creek Rd 24 Cycles 490.00$
148 FM1830 / Country Club Rd ‐ Litter 4 Cycles 245.00$
149 Ryan Rd ‐Between Teasley Ln and Country Club Rd 24 Cycles 490.00$
150 Ryan Rd ‐ Litter ‐Between Teasley Ln and Country Club Rd 4 Cycles 245.00$
151 W Collins St ‐Sidewalk on west side of Ft. Worth Dr, starting at Collins St 24 Cycles 25.00$
152 W Collins St Litter 4 Cycles 15.00$
153 Hwy377 ‐From Country Club Rd to southern City limits 24 Cycles 1,540.00$
154 Hwy377 Litter ‐From Country Club Rd to southern City limits 12 Cycles 770.00$
155 Airport ‐ 5000 Airport Rd ‐ Part 1 36 Cycles 350.00$
156 Airport ‐ 5000 Airport Rd ‐ Part 2 24 Cycles 298.90$
157 Airport ‐ Brush Cutter ‐ 5000 Airport Rd 8 Cycles 620.90$
158 Airport ‐ Green Point 8 Cycles 165.00$
159 Airport ‐ Lockheed Ln 8 Cycles 246.40$
160 Airport ‐ Skylane north of John Carrell 24 Cycles 25.00$
161 Airport ‐ Westcourt South 24 Cycles 28.70$
162 Airport ‐ Dough ‐ Weyer Hangars 24 Cycles 40.60$
163 Airport ‐ Lesa Shop Grounds 24 Cycles 49.00$
164 Joe Skiles ‐ 1721 Stonegate Dr.24 Cycles 343.00$
165 Lillian Miller Pkwy Medians 24 Cycles 66.50$
166 Lillian Miller Pkwy Medians ‐ Litter 12 Cycles 33.25$
167 Owsley Park ‐ 2425 Stella 24 Cycles 25.00$
168 Westridge Island 24 Cycles 25.00$
169 Kendolph dr and Underwood St 24 Cycles 25.00$
170 Hobson Ln 24 Cycles 375.20$
171 Briercliff Park ‐ 3200 State School Rd 24 Cycles 654.50$
172 FM2499 and State School Road ‐Between I‐35 and first median just north of Hickory
Creek Rd 24 Cycles 1,325.80$
173 Wheeler Ridge Park ‐ 3101 Saddleback Dr 24 Cycles 587.30$
174 Robinson Rd and Berkley Dr 24 Cycles 840.00$
175 Crosstimbers Park ‐ 8402 Clear River ‐On the mapping, this includes Cross Timbers
North, South, and at Montecito Pond 24 Cycles 1,372.70$
176 Crosstimbers Park ‐ North 24 Cycles 291.20$
177 Crosstimbers Park ‐ South 24 Cycles 1,033.20$
178 Lake Forest Park ‐ 1760 Ryan Rd.24 Cycles 616.70$
179 Hickory Creek 24 Cycles 715.40$
180 Hickory Creek Litter 12 Cycles 357.70$
181 Bent Creek Estates 24 Cycles 78.40$
182 Vintage Blvd ‐Under Construction 24 Cycles 628.60$
183 Wisteria 24 Cycles 25.00$
184 Symamore and Stoud 24 Cycles 25.00$
DocuSign Envelope ID: FB0E00CD-3267-4759-8F1B-74AC74546B9F
Line #Description QTY UOM Unit
185 SECTION E ‐ ROW AND ROUGH CUT
186 BARTHOLD RD 7 Cycles 698.40$
187 BONNIE BRAE 7 Cycles 2,072.00$
188 BURGER RD 7 Cycles 180.00$
189 CHINN RD 7 Cycles 200.00$
190 COOPER CREEK RD 7 Cycles 248.00$
191 COOPER CREEK RD MEDIAN 7 Cycles 25.00$
192 COWLING RD 7 Cycles 72.00$
193 ELM BOTTOM CIRCLE 7 Cycles 58.40$
194 FARRIS RD 7 Cycles 30.40$
195 FISHTRAP RD 7 Cycles 157.60$
196 GANZER 7 Cycles 741.60$
197 GEESLING 7 Cycles 100.80$
198 GREEN VALLEY RD 7 Cycles 94.40$
199 GRISSOM 7 Cycles 42.40$
200 GRISSOM 7 Cycles 42.40$
201 HAMPTON RD 7 Cycles 107.20$
202 HARTLEE FIELD RD 7 Cycles 134.40$
203 HERCULES ST.7 Cycles 45.60$
204 Stuart Rd_Long Rd 7 Cycles 231.20$
205 KINGS ROW 7 Cycles 390.40$
206 LOVERS LN 7 Cycles 488.00$
207 MASCH BRANCH RD 1 7 Cycles 284.00$
208 MASCH BRANCH RD 2 7 Cycles 652.80$
209 MILLS RD 7 Cycles 296.80$
210 MOCKINGBIRD 7 Cycles 165.60$
211 PERTAIN ST 7 Cycles 25.00$
212 RINEY RD 7 Cycles 25.00$
213 S. TRINITY RD 7 Cycles 387.20$
214 SHEPARD DR 7 Cycles 67.20$
215 SILVERDOME RD 7 Cycles 90.40$
216 THOMAS J EAGAN RD 7 Cycles 207.20$
217 TRINITY RD 7 Cycles 206.40$
218 WARSCHUN RD 7 Cycles 84.80$
219 WESTERN BLVD 7 Cycles 2,028.00$
220 ACME ST 7 Cycles 28.00$
221 BRIDGES ST 7 Cycles 108.00$
222 BRUSH CREEK RD 7 Cycles 388.80$
223 C WOLFE RD 7 Cycles 271.20$
224 CORBIN RD 7 Cycles 66.40$
225 CREEKDALE DR 7 Cycles 25.00$
226 DAUGHTERY 7 Cycles 30.40$
227 EDWARDS RD 7 Cycles 264.00$
228 H LIVELY RD 7 Cycles 136.80$
229 JAMES ST 7 Cycles 176.00$
230 JIM CHRISTAL RD 7 Cycles 990.40$
231 JOHNSON LN 7 Cycles 126.40$
232 MEADOW ST 7 Cycles 59.20$
233 MISSION ST 7 Cycles 32.00$
234 MYRTLE ST 7 Cycles 44.80$
235 OAK ST MEDIANS 7 Cycles 297.60$
236 OLD JOHN PAINE RD 7 Cycles 777.60$
237 POKRUS PAIGE RD 7 Cycles 56.00$
DocuSign Envelope ID: FB0E00CD-3267-4759-8F1B-74AC74546B9F
Line #Description QTY UOM Unit
238 POST OAK BLVD 7 Cycles 222.40$
239 ROSELAWN DR 7 Cycles 568.80$
240 S. LOCUST ST 7 Cycles 224.00$
241 SHADY SHORES RD 7 Cycles 26.40$
242 SPRINGSIDE RD 7 Cycles 105.60$
243 SWISHER RD 1 7 Cycles 53.60$
244 SWISHER RD 2 7 Cycles 242.40$
245 TOM COLE RD 7 Cycles 955.20$
246 UNDERWOOD RD 7 Cycles 359.20$
247 WESTCOURT RD 7 Cycles 179.20$
248 WILLOWOOD 7 Cycles 51.20$
249 WYE ST 7 Cycles 56.80$
250 SANDERS RD 7 Cycles 164.00$
251 1100 SOUTH MAYHILL PECAN ORCHARD BASINS PLANT AREAS BRUSH CUT 2 Cycles 7,120.00$
252 Robson Ranch Rd 7 Cycles 109.60$
253 Fulton's Lot 7 Cycles 920.00$
254 North Lakes Park 2 ‐South of Windsor, encompasses Disc Golf, lake, dam, etc 7 Cycles 9,512.00$
255 Woodrow Open Space ‐Located on the south side of Monsignor King Outreach Center 7 Cycles 672.80$
DocuSign Envelope ID: FB0E00CD-3267-4759-8F1B-74AC74546B9F
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
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misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
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after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
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officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Exhibit
DocuSign Envelope ID: FB0E00CD-3267-4759-8F1B-74AC74546B9F
WATTS ELLISON, LLC DBA D&D
COMMERCIAL LANDSCAPE MANAGEMENT
G
12/14/2021
N/A
N/A
Certificate Of Completion
Envelope Id: FB0E00CD326747598F1B74AC74546B9F Status: Sent
Subject: Please DocuSign: City Council Contract 7788 - DD Mowing
Source Envelope:
Document Pages: 36 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
12/10/2021 2:24:27 PM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 12/10/2021 3:01:44 PM
Viewed: 12/10/2021 3:02:01 PM
Signed: 12/10/2021 3:03:37 PM
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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(None)
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Using IP Address: 198.49.140.104
Sent: 12/10/2021 3:03:39 PM
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Signed: 12/13/2021 10:52:56 AM
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Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
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Signature Adoption: Pre-selected Style
Using IP Address: 68.185.202.16
Sent: 12/13/2021 10:52:59 AM
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Signed: 12/14/2021 11:11:47 AM
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Dave Myers
dave@ddmowing.com
Director
DD COMMERCIAL LANDSCAPE MANAGEMENT
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 162.236.29.4
Sent: 12/14/2021 11:11:52 AM
Viewed: 12/14/2021 12:58:59 PM
Signed: 12/14/2021 1:11:03 PM
Electronic Record and Signature Disclosure:
Accepted: 2/14/2018 1:10:44 PM
ID: 7a5f2c6f-b972-454b-9614-8c86bf5bddc1
Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/14/2021 1:11:06 PM
Viewed: 12/14/2021 2:04:19 PM
Signed: 12/14/2021 2:04:38 PM
Electronic Record and Signature Disclosure:
Accepted: 12/14/2021 2:04:19 PM
ID: 376f6b6c-d4d8-4a1e-b133-7e97bee4fd8b
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
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(None)
Sent: 12/14/2021 2:04:42 PM
Electronic Record and Signature Disclosure:
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Sara Hensley
sara.hensley@cityofdenton.com
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Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/15/2021 8:48:24 AM
ID: 4feba34d-b3a6-43a8-9585-0ca6156b9c3a
In Person Signer Events Signature Timestamp
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Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/10/2021 3:03:40 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2021 2:04:42 PM
Viewed: 12/15/2021 8:50:12 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marshall McGee
marshall.mcgee@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/26/2021 7:47:18 AM
ID: 68609e18-6efb-4da3-8dfc-f1caf18e5574
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Notary Events Signature Timestamp
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Envelope Sent Hashed/Encrypted 12/10/2021 3:01:44 PM
Payment Events Status Timestamps
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Dave Myers, Gary Packan, Rosa Rios, Marshall McGee
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-064,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a contract with Freedom Commercial Services,LLC,for mowing and maintenance
services for the Parks and Recreation and Drainage Departments,Section G -Drainage;providing for the
expenditure of funds therefor;and providing an effective date (RFP 7788 -awarded to Freedom Commercial
Services,LLC,for one (1)year,with the option for four (4)additional one (1)year extensions,in the total five
(5) year not-to-exceed amount of $1,548,194.00).
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Freedom Commercial Services, LLC, for mowing
and maintenance services for the Parks and Recreation and Drainage Departments, Section G – Drainage;
providing for the expenditure of funds therefor; and providing an effective date (RFP 7788 – awarded to
Freedom Commercial Services, LLC, for one (1) year, with the option for four (4) additional one (1) year
extensions, in the total five (5) year not-to-exceed amount of $1,548,194.00).
INFORMATION/BACKGROUND
The current contract, 7378, with Freedom Commercial Services, LLC, expired at the end of the calendar
year 2021. The proposed contract will allow Freedom Commercial Services, LLC to continue with their
mowing/maintenance services throughout all of the drainage-related areas in the City. The realistic
expectation of having properly manicured turf and beds in the City, including ROW and drainage locations,
is the Parks and Recreation Department’s (PARD) responsibility to negotiate and oversee. The City is
expected to grow rapidly and acquire new properties, all of which need to be maintained aesthetically and
economically in order to make Denton an attractive and appealing city. Staff assessed the volume needed
and developed sections for the services that could be awarded to multiple vendors. Freedom Commercial
Services, LLC is an established business that has the experience of working with larger entities, as well as
their excellent past performance with the City of Denton, to competently perform the work required. In
2020 when PARD assumed responsibility for all City department mowing contracts, an evaluation was
completed to determine if these services should be contracted out or absorbed in-house. The evaluation
determined that due to the required equipment needs and staffing levels it was fiscally responsible to
outsource the services. With this, the proposed contracts have no impact on the current staffing levels.
Mowing is required to maintain safety and aesthetics as well as to maintain code compliance. The mowing
services provide the following benefits to the City of Denton:
1. It keeps the City in compliance with Community Improvement Services.
2. It keeps the turf aesthetically pleasing and helps to thwart the growth of weeds.
3. It keeps the areas free of litter and debris.
The anticipated cost breakdown is as follows. The contingency amount is to cover new properties and
vendor defaults.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 TOTAL
Section G - Drainage $191,610 $197,358 $203,279 $209,377 $215,658 $1,017,282
Contingency $100,000 $103,000 $106,090 $109,272 $112,550 $530,912
Total $291,610 $300,358 $309,369 $318,649 $328,208 $1,548,194
Request for Proposals was sent to 138 prospective suppliers, including 17 Denton firms. In addition,
specifications were placed on the Materials Management website for prospective suppliers to download and
advertised in the local newspaper. Eleven (11) proposals were received, references were checked, and
proposals were evaluated based upon published criteria including availability, probable performance,
equipment, personnel, safety, and price. Best and Final Offers (BAFO) were requested from all firms. Based
upon this evaluation, Freedom Commercial Services, LLC was ranked the highest and determined to be the
best value for the City for Section G – Drainage.
NIGP Code Used for Solicitation: 988 – Services, roadside, grounds,
recreational, and park area services
Notifications sent for Solicitation sent in IonWave: 138
Number of Suppliers that viewed Solicitation in IonWave: 17
HUB-Historically Underutilized Business Invitations sent out: 14
SBE-Small Business Enterprise Invitations sent out: 66
Responses from Solicitation: 11
Below is the information Freedom Commercial Services provided regarding the wages they pay their
employees who will be assigned to the City’s contract.
Position Description Number of Assigned Employees Hourly Rate of Assigned Employees
Crew Lead 1 $13.67
Laborer 3 to 5 $10.50
RECOMMENDATION
Award a contract with Freedom Commercial Services, LLC, for mowing and maintenance services for the
Parks and Recreation and Drainage Departments, Section G – Drainage, in a one (1) year, with the option
for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $1,548,194.
PRINCIPAL PLACE OF BUSINESS
Freedom Commercial Services, LLC
Aubrey, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year
periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
These services will be funded through the using department’s budget on an as-needed basis. The City will
only pay for services rendered and is not obligated to pay the full contract amount unless needed.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: LLC Members
Exhibit 4: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Marshall McGee, 940-349-8430.
Legal point of contact: Marcella Lunn at 940-349-8333.
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
315
316 Front of Kings Row Pond 12 Cycles $90.00 $1,080.00 $68.00 $816.00 $100.00 $1,200.00 $55.00 $660.00 $49.73 $596.76 $151.00 $1,812.00
317 Wainwright 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $65.00 $780.00 $5.00 $60.00 $47.66 $571.92 $100.00 $1,200.00
318 702 S Locust 12 Cycles $85.00 $1,020.00 $62.40 $748.80 $100.00 $1,200.00 $50.00 $600.00 $67.71 $812.52 $139.00 $1,668.00
319 709 S Locust 12 Cycles $70.00 $840.00 $25.00 $300.00 $65.00 $780.00 $16.00 $192.00 $26.38 $316.56 $100.00 $1,200.00
320 901 E Sycamore 12 Cycles $55.00 $660.00 $25.00 $300.00 $65.00 $780.00 $10.00 $120.00 $21.92 $263.04 $100.00 $1,200.00
321 607 Skinner 12 Cycles $70.00 $840.00 $28.00 $336.00 $65.00 $780.00 $30.00 $360.00 $34.16 $409.92 $100.00 $1,200.00
322 602 Lehrman 12 Cycles $70.00 $840.00 $27.20 $326.40 $65.00 $780.00 $30.00 $360.00 $33.35 $400.20 $100.00 $1,200.00
323 514 Martin 12 Cycles $60.00 $720.00 $25.00 $300.00 $65.00 $780.00 $25.00 $300.00 $24.78 $297.36 $100.00 $1,200.00
324 Robertson Drainage Channel From 339 Robertson to Woodrow Underpass6Cycles $2,000.00 $12,000.00 $2,720.00 $16,320.00 $1,700.00 $10,200.00 $1,340.00 $8,040.00 $1,457.14 $8,742.84 $3,026.00 $18,156.00
325 Robertson Drainage Channel Concrete / rock portions 24 Cycles $600.00 $14,400.00 $1,200.00 $28,800.00 $400.00 $9,600.00 $270.00 $6,480.00 $286.75 $6,882.00 $712.00 $17,088.00
326 University at Shawnee St Drainage Channel Between University and Mingo Rd24Cycles $125.00 $3,000.00 $80.00 $1,920.00 $75.00 $1,800.00 $65.00 $1,560.00 $138.39 $3,321.36 $178.00 $4,272.00
327 University at Shawnee St Drainage Channel - Litter 12 Cycles $1.00 $12.00 $40.00 $480.00 $50.00 $600.00 $10.00 $120.00 $169.46 $2,033.52 $178.00 $2,136.00
328 University Drainage Channel 24 Cycles $230.00 $5,520.00 $160.00 $3,840.00 $200.00 $4,800.00 $135.00 $3,240.00 $169.09 $4,058.16 $356.00 $8,544.00
329 University Drainage Channel Litter 12 Cycles $1.00 $12.00 $80.00 $960.00 $50.00 $600.00 $20.00 $240.00 $163.48 $1,961.76 $356.00 $4,272.00
330 Marshall St Drainage Channel Between Locust and Oakland St24 Cycles $75.00 $1,800.00 $25.00 $600.00 $75.00 $1,800.00 $15.00 $360.00 $59.52 $1,428.48 $100.00 $2,400.00
331 Marshall St Drainage Channel - LITTER Between Locust and Oakland St12Cycles $1.00 $12.00 $25.00 $300.00 $50.00 $600.00 $5.00 $60.00 $40.85 $490.20 $100.00 $1,200.00
332 Prairie St Drainage Channel From 508 Prairie to Wainwright St24 Cycles $85.00 $2,040.00 $25.00 $600.00 $50.00 $1,200.00 $15.00 $360.00 $154.35 $3,704.40 $100.00 $2,400.00
333 Prairie St Drainage Channel -LITTER From 508 Prairie to Wainwright St12Cycles $1.00 $12.00 $25.00 $300.00 $50.00 $600.00 $5.00 $60.00 $40.85 $490.20 $100.00 $1,200.00
334 Windsor to Kings Row Drainage Channel 24 Cycles $230.00 $5,520.00 $140.00 $3,360.00 $200.00 $4,800.00 $135.00 $3,240.00 $189.50 $4,548.00 $356.00 $8,544.00
335 Windsor to Kings Row Drainage Channel - LITTER 12 Cycles $1.00 $12.00 $70.00 $840.00 $50.00 $600.00 $20.00 $240.00 $163.48 $1,961.76 $356.00 $4,272.00
336 Water Oak Drainage Channel - north side of McKinney 24 Cycles $90.00 $2,160.00 $52.50 $1,260.00 $100.00 $2,400.00 $50.00 $1,200.00 $84.87 $2,036.88 $134.00 $3,216.00
337 Water Oak Drainage Channel -LITTER 12 Cycles $1.00 $12.00 $26.25 $315.00 $50.00 $600.00 $10.00 $120.00 $81.73 $980.76 $134.00 $1,608.00
338 Stockton Drainage Channel 24 Cycles $115.00 $2,760.00 $70.00 $1,680.00 $100.00 $2,400.00 $65.00 $1,560.00 $94.70 $2,272.80 $178.00 $4,272.00
339 Stockton Drainage Channel - LITTER 12 Cycles $1.00 $12.00 $35.00 $420.00 $50.00 $600.00 $15.00 $180.00 $122.60 $1,471.20 $178.00 $2,136.00
340 Baldwin Drainage Channel 24 Cycles $125.00 $3,000.00 $100.00 $2,400.00 $125.00 $3,000.00 $85.00 $2,040.00 $75.90 $1,821.60 $223.00 $5,352.00
341 Baldwin Drainage Channel - LITTER 12 Cycles $1.00 $12.00 $50.00 $600.00 $50.00 $600.00 $10.00 $120.00 $40.85 $490.20 $223.00 $2,676.00
342 Dallas Drive Drainage Channel - 700 Dallas Dr 24 Cycles $115.00 $2,760.00 $87.50 $2,100.00 $125.00 $3,000.00 $85.00 $2,040.00 $100.40 $2,409.60 $223.00 $5,352.00
343 Dallas Drive Drainage Channel - 700 Dallas Dr - LITTER 12 Cycles $1.00 $12.00 $43.75 $525.00 $50.00 $600.00 $10.00 $120.00 $81.73 $980.76 $223.00 $2,676.00
344 Dallas Drive Drainage Channel - Duncan St 24 Cycles $85.00 $2,040.00 $87.50 $2,100.00 $75.00 $1,800.00 $25.00 $600.00 $164.35 $3,944.40 $100.00 $2,400.00
345 Dallas Drive Drainage Channel - Duncan St - LITTER 12 Cycles $1.00 $12.00 $43.75 $525.00 $50.00 $600.00 $5.00 $60.00 $81.73 $980.76 $100.00 $1,200.00
346 Mounts Congress 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $10.00 $120.00 $65.25 $783.00 $100.00 $1,200.00
347 W. Prairie (between Elm Locust)12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $10.00 $120.00 $23.96 $287.52 $100.00 $1,200.00
348 421 W. Windsor 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $20.00 $240.00 $13.75 $165.00 $100.00 $1,200.00
349 Paisley (downstream of yard)12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $10.00 $120.00 $10.08 $120.96 $100.00 $1,200.00
350 1101 Monterey 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $30.00 $360.00 $17.43 $209.16 $100.00 $1,200.00
352 Valley Creek to T 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $10.00 $120.00 $10.88 $130.56 $100.00 $1,200.00
353 8704 Seven Oaks 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $10.00 $120.00 $10.88 $130.56 $100.00 $1,200.00
354 8900 N I 35E (@ Milam Rd)12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $15.00 $180.00 $21.91 $262.92 $100.00 $1,200.00
355 Chebi 12 Cycles $85.00 $1,020.00 $39.20 $470.40 $50.00 $600.00 $35.00 $420.00 $53.80 $645.60 $100.00 $1,200.00
356 Carroll Crescent 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $40.00 $480.00 $10.00 $120.00 $10.88 $130.56 $100.00 $1,200.00
357 2126 James St 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $40.00 $480.00 $10.00 $120.00 $53.38 $640.56 $100.00 $1,200.00
358 2013 Marshall Rd 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $40.00 $480.00 $15.00 $180.00 $22.32 $267.84 $100.00 $1,200.00
359 8912 Seven Oaks 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $40.00 $480.00 $10.00 $120.00 $16.59 $199.08 $100.00 $1,200.00
360 Market Blake 12 Cycles $120.00 $1,440.00 $93.60 $1,123.20 $75.00 $900.00 $78.00 $936.00 $93.01 $1,116.12 $208.00 $2,496.00
361 Mockingbird Pond 12 Cycles $85.00 $1,020.00 $38.40 $460.80 $50.00 $600.00 $34.00 $408.00 $51.36 $616.32 $100.00 $1,200.00
362 916 Baldwin 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $40.00 $480.00 $30.00 $360.00 $31.31 $375.72 $100.00 $1,200.00
363 Spencer (Lg Gated Area)12 Cycles $85.00 $1,020.00 $40.80 $489.60 $65.00 $780.00 $39.00 $468.00 $36.21 $434.52 $100.00 $1,200.00
364 Hobson 12 Cycles $120.00 $1,440.00 $92.00 $1,104.00 $150.00 $1,800.00 $82.00 $984.00 $95.08 $1,140.96 $205.00 $2,460.00
366 3918 Lariat 12 Cycles $85.00 $1,020.00 $168.00 $2,016.00 $200.00 $2,400.00 $140.00 $1,680.00 $84.06 $1,008.72 $374.00 $4,488.00
367 Colorado Wilderness 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $10.00 $120.00 $17.81 $213.72 $100.00 $1,200.00
368 820 Abbots Ln 12 Cycles $85.00 $1,020.00 $25.00 $300.00 $50.00 $600.00 $15.00 $180.00 $20.28 $243.36 $100.00 $1,200.00
369 Lariat to University 6 Cycles $300.00 $1,800.00 $172.80 $1,036.80 $175.00 $1,050.00 $148.00 $888.00 $185.40 $1,112.40 $450.00 $2,700.00
370 Hampton to Lariat 6 Cycles $515.00 $3,090.00 $437.60 $2,625.60 $500.00 $3,000.00 $375.00 $2,250.00 $468.82 $2,812.92 $1,137.00 $6,822.00
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Exhibit 2
RFP 7788 - PARD Mowing Services - Section G
Respondent's Business Name:
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
D&D Commercial
Landscape Management Natures Greenery Brightview
Landscaping
Southlake Landscape
& Maintenance Inc.
Incircle Management
IncFreedom Services Hoot's Lawn
Care, LLC Firehouse22 Yellowstone
Landscape
M.E.T. Lawn
Care
Principal Place of Business (City and State):Denton, TXDallas, TX Haltom City, TX Prosper, TXLewisville, TX Westlake, TXDenton, TX Burleson, TX Denton, TX Dallas, TX Denton, TX
SECTION G - DRAINAGE
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Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
Exhibit 2
RFP 7788 - PARD Mowing Services - Section G
Respondent's Business Name:
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
D&D Commercial
Landscape Management Natures Greenery Brightview
Landscaping
Southlake Landscape
& Maintenance Inc.
Incircle Management
IncFreedom Services Hoot's Lawn
Care, LLC Firehouse22 Yellowstone
Landscape
M.E.T. Lawn
Care
Principal Place of Business (City and State):Denton, TXDallas, TX Haltom City, TX Prosper, TXLewisville, TX Westlake, TXDenton, TX Burleson, TX Denton, TX Dallas, TX Denton, TX
SECTION G - DRAINAGE371Corbin @ Airport 6 Cycles $140.00 $840.00 $112.80 $676.80 $130.00 $780.00 $94.00 $564.00 $120.55 $723.30 $292.00 $1,752.00
372 Bonnie Brae and Windsor 6 Cycles $140.00 $840.00 $131.20 $787.20 $150.00 $900.00 $110.00 $660.00 $140.37 $842.22 $341.00 $2,046.00
373 University to Cordell 6 Cycles $475.00 $2,850.00 $375.20 $2,251.20 $450.00 $2,700.00 $320.00 $1,920.00 $401.84 $2,411.04 $975.00 $5,850.00
374 Hinkle to Rodeo Grounds 6 Cycles $375.00 $2,250.00 $289.60 $1,737.60 $350.00 $2,100.00 $250.00 $1,500.00 $310.48 $1,862.88 $753.00 $4,518.00
375 Windsor to Hinkle/Haggard 6 Cycles $410.00 $2,460.00 $324.00 $1,944.00 $400.00 $2,400.00 $275.00 $1,650.00 $347.01 $2,082.06 $842.00 $5,052.00
376 Behind Rodeo Grounds 6 Cycles $140.00 $840.00 $108.00 $648.00 $130.00 $780.00 $90.00 $540.00 $116.11 $696.66 $282.00 $1,692.00
377 Magnolia Pond 6 Cycles $430.00 $2,580.00 $328.00 $1,968.00 $400.00 $2,400.00 $282.00 $1,692.00 $351.33 $2,107.98 $852.00 $5,112.00
378 2500 Coffey (Boom mower)6 Cycles $95.00 $570.00 $25.00 $150.00 $150.00 $900.00 $10.00 $60.00 $5.95 $35.70 $100.00 $600.00
379 Nicosia x N Elm 6 Cycles $95.00 $570.00 $34.40 $206.40 $100.00 $600.00 $30.00 $180.00 $37.11 $222.66 $100.00 $600.00
380 Masch Branch Lovers 6 Cycles $85.00 $510.00 $25.00 $150.00 $100.00 $600.00 $10.00 $60.00 $12.00 $72.00 $100.00 $600.00
381 Mingo x Ruddell 6 Cycles $130.00 $780.00 $101.60 $609.60 $120.00 $720.00 $84.00 $504.00 $108.98 $653.88 $264.00 $1,584.00
382 Porky's 6 Cycles $100.00 $600.00 $25.00 $150.00 $100.00 $600.00 $15.00 $90.00 $16.20 $97.20 $100.00 $600.00
383 W Hercules N to Headwall 6 Cycles $100.00 $600.00 $39.20 $235.20 $100.00 $600.00 $38.00 $228.00 $42.05 $252.30 $102.00 $612.00
384 Hercules to North Point 6 Cycles $300.00 $1,800.00 $238.40 $1,430.40 $300.00 $1,800.00 $205.00 $1,230.00 $255.53 $1,533.18 $620.00 $3,720.00
385 North Point to Detention Pond 6 Cycles $2,400.00 $14,400.00 $1,616.80 $9,700.80 $2,000.00 $12,000.00 $1,380.00 $8,280.00 $1,732.29 $10,393.74 $4,205.00 $25,230.00
386 North Point to Locust 6 Cycles $350.00 $2,100.00 $292.00 $1,752.00 $375.00 $2,250.00 $250.00 $1,500.00 $313.10 $1,878.60 $760.00 $4,560.00
387 Locust to Headwall 6 Cycles $670.00 $4,020.00 $536.00 $3,216.00 $675.00 $4,050.00 $455.00 $2,730.00 $574.27 $3,445.62 $1,394.00 $8,364.00
388 Hercules to Headwall 6 Cycles $380.00 $2,280.00 $304.80 $1,828.80 $380.00 $2,280.00 $258.00 $1,548.00 $326.24 $1,957.44 $792.00 $4,752.00
389 Headwall to Stuart 6 Cycles $550.00 $3,300.00 $424.80 $2,548.80 $530.00 $3,180.00 $365.00 $2,190.00 $455.14 $2,730.84 $1,105.00 $6,630.00
390 Olympia to Channel 6 Cycles $135.00 $810.00 $111.20 $667.20 $150.00 $900.00 $95.00 $570.00 $119.06 $714.36 $289.00 $1,734.00
391 Wolftrap to Channel 6 Cycles $95.00 $570.00 $69.60 $417.60 $100.00 $600.00 $57.00 $342.00 $74.83 $448.98 $182.00 $1,092.00
392 Stuart to Bell 6 Cycles $180.00 $1,080.00 $145.60 $873.60 $175.00 $1,050.00 $122.00 $732.00 $156.00 $936.00 $379.00 $2,274.00
393 Strickland Pond 6 Cycles $120.00 $720.00 $97.60 $585.60 $130.00 $780.00 $83.00 $498.00 $104.78 $628.68 $254.00 $1,524.00
394 Stuart Manhattan to Y 6 Cycles $115.00 $690.00 $96.00 $576.00 $125.00 $750.00 $82.00 $492.00 $102.68 $616.08 $249.00 $1,494.00
395 Stuart Windsor to Y 6 Cycles $120.00 $720.00 $99.20 $595.20 $125.00 $750.00 $84.00 $504.00 $106.31 $637.86 $258.00 $1,548.00
396 Y to Sherman Dr 6 Cycles $185.00 $1,110.00 $153.60 $921.60 $200.00 $1,200.00 $130.00 $780.00 $164.83 $988.98 $400.00 $2,400.00
397 Sherman Dr to Windsor 6 Cycles $250.00 $1,500.00 $201.60 $1,209.60 $250.00 $1,500.00 $170.00 $1,020.00 $216.22 $1,297.32 $525.00 $3,150.00
398 Kings Row Detention Pond 6 Cycles $970.00 $5,820.00 $651.20 $3,907.20 $820.00 $4,920.00 $558.00 $3,348.00 $697.31 $4,183.86 $1,692.00 $10,152.00
399 Sherman Dr to Kings Row 6 Cycles $130.00 $780.00 $108.80 $652.80 $140.00 $840.00 $92.00 $552.00 $116.36 $698.16 $282.00 $1,692.00
400 Marianne Court 6 Cycles $220.00 $1,320.00 $182.40 $1,094.40 $225.00 $1,350.00 $150.00 $900.00 $195.42 $1,172.52 $474.00 $2,844.00
401 Windsor to Y 6 Cycles $280.00 $1,680.00 $222.40 $1,334.40 $300.00 $1,800.00 $185.00 $1,110.00 $238.25 $1,429.50 $578.00 $3,468.00
402 Old North Rd to Dead End 6 Cycles $625.00 $3,750.00 $492.80 $2,956.80 $600.00 $3,600.00 $425.00 $2,550.00 $528.02 $3,168.12 $1,281.00 $7,686.00
403 Burning Tree to Old North Rd 6 Cycles $375.00 $2,250.00 $286.40 $1,718.40 $400.00 $2,400.00 $245.00 $1,470.00 $306.87 $1,841.22 $745.00 $4,470.00
404 Kingsrow and Loop 288 (Staghorn)6 Cycles $85.00 $510.00 $25.00 $150.00 $100.00 $600.00 $10.00 $60.00 $5.14 $30.84 $100.00 $600.00
405 Kings Row and Loop 288 6 Cycles $85.00 $510.00 $25.00 $150.00 $100.00 $600.00 $10.00 $60.00 $13.71 $82.26 $100.00 $600.00
406 Kings Row and Loop 288 (Deerfield)6 Cycles $85.00 $510.00 $25.00 $150.00 $100.00 $600.00 $10.00 $60.00 $9.43 $56.58 $100.00 $600.00
407 Mockingbird Vacant Lot 6 Cycles $85.00 $510.00 $42.40 $254.40 $100.00 $600.00 $34.00 $204.00 $45.24 $271.44 $110.00 $660.00
408 Audra to Bayfield 6 Cycles $100.00 $600.00 $77.60 $465.60 $100.00 $600.00 $68.00 $408.00 $82.77 $496.62 $201.00 $1,206.00
409 Mockingbird Detention Pond 6 Cycles $200.00 $1,200.00 $172.80 $1,036.80 $225.00 $1,350.00 $148.00 $888.00 $185.05 $1,110.30 $449.00 $2,694.00
410 Oak Valley to Audra 6 Cycles $90.00 $540.00 $68.80 $412.80 $100.00 $600.00 $58.00 $348.00 $73.63 $441.78 $179.00 $1,074.00
411 Lattimore 6 Cycles $200.00 $1,200.00 $159.20 $955.20 $200.00 $1,200.00 $135.00 $810.00 $170.71 $1,024.26 $414.00 $2,484.00
412 2520 E McKinney 6 Cycles $380.00 $2,280.00 $300.80 $1,804.80 $375.00 $2,250.00 $255.00 $1,530.00 $322.06 $1,932.36 $782.00 $4,692.00
413 Mozingo x Tyler 6 Cycles $85.00 $510.00 $25.00 $150.00 $100.00 $600.00 $15.00 $90.00 $13.04 $78.24 $100.00 $600.00
414 Mingo x Sirius 6 Cycles $150.00 $900.00 $114.40 $686.40 $150.00 $900.00 $20.00 $120.00 $122.89 $737.34 $298.00 $1,788.00
415 Woodrow to Dead End 6 Cycles $85.00 $510.00 $25.00 $150.00 $100.00 $600.00 $20.00 $120.00 $24.14 $144.84 $100.00 $600.00
416 Spencer 6 Cycles $105.00 $630.00 $75.20 $451.20 $100.00 $600.00 $625.00 $3,750.00 $80.57 $483.42 $196.00 $1,176.00
417 Angelina Bend 6 Cycles $305.00 $1,830.00 $230.40 $1,382.40 $400.00 $2,400.00 $190.00 $1,140.00 $246.84 $1,481.04 $599.00 $3,594.00
418 Behind Bed, Bath, and Beyond 6 Cycles $150.00 $900.00 $113.60 $681.60 $250.00 $1,500.00 $85.00 $510.00 $121.41 $728.46 $295.00 $1,770.00
419 Loon Lake Culvert 6 Cycles $105.00 $630.00 $80.00 $480.00 $150.00 $900.00 $68.00 $408.00 $85.67 $514.02 $208.00 $1,248.00
420 State School Rd 6 Cycles $500.00 $3,000.00 $411.20 $2,467.20 $600.00 $3,600.00 $350.00 $2,100.00 $440.48 $2,642.88 $1,069.00 $6,414.00
421 Sally's East 6 Cycles $165.00 $990.00 $133.60 $801.60 $200.00 $1,200.00 $110.00 $660.00 $143.50 $861.00 $348.00 $2,088.00
422 Mayhill and Morse 6 Cycles $1,000.00 $6,000.00 $693.60 $4,161.60 $1,000.00 $6,000.00 $595.00 $3,570.00 $743.28 $4,459.68 $1,804.00 $10,824.00
423 Pine Hills Pond 6 Cycles $250.00 $1,500.00 $205.60 $1,233.60 $300.00 $1,800.00 $172.00 $1,032.00 $220.15 $1,320.90 $534.00 $3,204.00
424 McCormick to Willowwood 6 Cycles $315.00 $1,890.00 $248.80 $1,492.80 $350.00 $2,100.00 $210.00 $1,260.00 $266.75 $1,600.50 $647.00 $3,882.00
425 2127 West Willowwood 6 Cycles $90.00 $540.00 $76.00 $456.00 $150.00 $900.00 $63.00 $378.00 $81.69 $490.14 $198.00 $1,188.00
426 1400 Myrtle 6 Cycles $85.00 $510.00 $28.00 $168.00 $150.00 $900.00 $30.00 $180.00 $30.27 $181.62 $100.00 $600.00
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Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
Exhibit 2
RFP 7788 - PARD Mowing Services - Section G
Respondent's Business Name:
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
D&D Commercial
Landscape Management Natures Greenery Brightview
Landscaping
Southlake Landscape
& Maintenance Inc.
Incircle Management
IncFreedom Services Hoot's Lawn
Care, LLC Firehouse22 Yellowstone
Landscape
M.E.T. Lawn
Care
Principal Place of Business (City and State):Denton, TXDallas, TX Haltom City, TX Prosper, TXLewisville, TX Westlake, TXDenton, TX Burleson, TX Denton, TX Dallas, TX Denton, TX
SECTION G - DRAINAGE427Medpark 6 Cycles $100.00 $600.00 $69.60 $417.60 $130.00 $780.00 $54.00 $324.00 $74.42 $446.52 $181.00 $1,086.00
428 Russell Newman 6 Cycles $125.00 $750.00 $101.60 $609.60 $200.00 $1,200.00 $83.00 $498.00 $109.25 $655.50 $265.00 $1,590.00
429 901 Texas 6 Cycles $120.00 $720.00 $95.20 $571.20 $200.00 $1,200.00 $78.00 $468.00 $102.08 $612.48 $248.00 $1,488.00
430 Day Labor 6 Cycles $85.00 $510.00 $25.00 $150.00 $50.00 $300.00 $10.00 $60.00 $5.82 $34.92 $100.00 $600.00
431 Londonderry to Pond 6 Cycles $85.00 $510.00 $56.00 $336.00 $100.00 $600.00 $58.00 $348.00 $59.67 $358.02 $145.00 $870.00
432 Savanah to Pond 6 Cycles $85.00 $510.00 $25.00 $150.00 $100.00 $600.00 $20.00 $120.00 $16.85 $101.10 $100.00 $600.00
433 Longridge to 2nd Bridge 6 Cycles $85.00 $510.00 $25.00 $150.00 $100.00 $600.00 $20.00 $120.00 $21.90 $131.40 $100.00 $600.00
434 1421 Greenlee 6 Cycles $85.00 $510.00 $27.20 $163.20 $100.00 $600.00 $25.00 $150.00 $28.83 $172.98 $100.00 $600.00
435 Daniel x Forth Worth Dr 6 Cycles $85.00 $510.00 $25.00 $150.00 $100.00 $600.00 $15.00 $90.00 $12.44 $74.64 $100.00 $600.00
Item #
1
2
3
4
5
6
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$347,640.00 No Bid No Bid No Bid No Bid No Bid
0.00
Yellowstone
Landscape
M.E.T. Lawn
Care
4.25 0.00 0.00 0.00 0.003.504.25
25.50 0.00 0.00 0.00 0.00 0.00
0.0017.09 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.005.758.00 6.00 8.009.75
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
9.4217.96 30.00 21.8020.49
15.0028.50 19.50 21.0028.50
3.504.25 3.50
0.00
45.6772.71 71.50 69.30
6.25
10.00 6.007.75 6.25 8.758.75
10.00 6.006.25 6.25 6.25
$191,610.00 $159,839.40 $182,370.00 $109,164.00 $150,247.02
77.99
Scoring Criteria
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
Equipment (10 Points)
Personnel (10 Points)
Total Score:81.84
15.00
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
Freedom Services D&D Commercial
Landscape Management Natures Greenery Southlake Landscape
& Maintenance Inc.
Brightview
Landscaping
Incircle Management
Inc
Hoot's Lawn
Care, LLC
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
Firehouse22
Total:
Evaluation
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
FREEDOM COMMERCIAL SERVICES, LLC, FOR MOWING AND MAINTENANCE
SERVICES FOR THE PARKS AND RECREATION AND DRAINAGE DEPARTMENTS,
SECTION G DRAINAGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (RFP 7788 AWARDED TO FREEDOM
COMMERCIAL SERVICES, LLC, FOR ONE (1) YEAR, WITH THE OPTION FOR FOUR (4)
ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT-TO-
EXCEED AMOUNT OF $1,548,194.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for
mowing and maintenance services; and
WHEREAS, the City Manager, or a designated employee, has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
7788-Sec. G Freedom Commercial Services, LLC $1,548,194.00
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposals, the City Manager, or their designated
representative, is hereby authorized to execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities, and specified sums contained in the Proposal and related documents herein
approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _________________________________
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
PARD Mowing Services
7788
Yes
RFP
Erica Garcia
Contract # 7788
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND FREEDOM COMMERCIAL SERVICES, LLC
(CONTRACT 7788)
THIS CONTRACT is made and entered into this date ______________________, by
and between Freedom Commercial Services, LLC a Texas Limited Liability Company, whose
address is 317 Meadow Lane, Denton, TX 76207, hereinafter referred to as "Contractor," 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
Contractor shall provide products and/or services in accordance with the City’s document
RFP 7788- PARD Mowing Services, 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 and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s RFP 7788 (Exhibit “B” on File at the Office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Insurance Requirements (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit "E");
(f) Contractor’s Proposal (Exhibit "F");
(g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Contract # 7788
Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor, pursuant to
Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive
payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization.
Failure to meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
940 222 7008
Louie Pancoast
cleaning.freedom@yahoo.com
1295
Certificate
managing member
Director of Parks and Recreation
Parks &
Recreation
Gary Packan
Contract # 7788
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The total contract for Section G of RFP 7788, which Section G only is awarded by this Contract
for the supply of Section G - Drainage, shall not exceed $1,548,194. Pricing shall be per Exhibit
F attached.
2. The Quantities
The quantities indicated on Exhibit F 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.
3. Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional four (4) one-year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall
automatically renew each year, from the date of award by City Council. The Supplier’s request to
not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior
to the contract renewal date for each year. 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.
4. Price Escalation and De-escalation
On Supplier’s request in the form stated herein, the City will implement an escalation/de-
escalation price adjustment annually based on these special terms. Any request for price
adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer
Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not
exceed +/- 8% for any individual year. The escalation will be determined annually at the
renewal date. The price will be increased or decreased based upon the annual percentage change
in the PPI or the percentage change in the manufacturer’s price list. Should the PPI or
manufacturer price list change exceed a minimum threshold value of +/-1%, then the stated
eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8%
limit per year. The supplier should provide documentation as percentage of each cost associated
with the unit prices quoted for consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request. If no request is made, then
it will be assumed that the current contract price will be in effect.
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Contract # 7788
Upon receipt of such request, the City of Denton reserves the right to either: 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 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.
5. Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for performance that
falls short of specified performance standards as outlined below:
Delivery beyond contracted lead times
Performance below contracted levels (services only)
The Contractor shall be assessed a one (1%) percent fee each month when any one of the
performance standards outlined above are not met in full. The Contractor shall be assessed a two
(2%) percent profit fee each month when any two (2) or more performance standards outlined
above are not met in full. At the end of each month, the City will review the monthly reports and
determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin.
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Contract # 7788
Exhibit C
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Contract # 7788
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Contract # 7788
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.
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
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Contract # 7788
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
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
negotiated.
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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
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
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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.
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
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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
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
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services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
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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,
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
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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
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
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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 effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
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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
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
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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
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
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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
solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article
XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including
dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the
Contractor shall render the Contract voidable by the City. The Contractor shall complete and
submit the City’s Conflict of Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
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the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
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refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
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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
respondent.
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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 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
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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
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Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
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[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
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[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
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project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Contract # 7788
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Contract # 7788
Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
RFP 7788
Freedom Services / Freedom
Cleaning Services
Exhibit F
Line #Description QTY UOM Unit
315 SECTION G ‐ DRAINAGE
316 Front of Kings Row Pond 12 Cycles $90.00
317 Wainwright 12 Cycles $85.00
318 702 S Locust 12 Cycles $85.00
319 709 S Locust 12 Cycles $70.00
320 901 E Sycamore 12 Cycles $55.00
321 607 Skinner 12 Cycles $70.00
322 602 Lehrman 12 Cycles $70.00
323 514 Martin 12 Cycles $60.00
324 Robertson Drainage Channel From 339 Robertson to Woodrow Underpass 6 Cycles $2,000.00
325 Robertson Drainage Channel Concrete / rock portions 24 Cycles $600.00
326 University at Shawnee St Drainage Channel Between University and Mingo Rd 24 Cycles $125.00
327 University at Shawnee St Drainage Channel ‐ Litter 12 Cycles $1.00
328 University Drainage Channel 24 Cycles $230.00
329 University Drainage Channel Litter 12 Cycles $1.00
330 Marshall St Drainage Channel Between Locust and Oakland St 24 Cycles $75.00
331 Marshall St Drainage Channel ‐ LITTER Between Locust and Oakland St 12 Cycles $1.00
332 Prairie St Drainage Channel From 508 Prairie to Wainwright St 24 Cycles $85.00
333 Prairie St Drainage Channel ‐LITTER From 508 Prairie to Wainwright St 12 Cycles $1.00
334 Windsor to Kings Row Drainage Channel 24 Cycles $230.00
335 Windsor to Kings Row Drainage Channel ‐ LITTER 12 Cycles $1.00
336 Water Oak Drainage Channel ‐ north side of McKinney 24 Cycles $90.00
337 Water Oak Drainage Channel ‐LITTER 12 Cycles $1.00
338 Stockton Drainage Channel 24 Cycles $115.00
339 Stockton Drainage Channel ‐ LITTER 12 Cycles $1.00
340 Baldwin Drainage Channel 24 Cycles $125.00
341 Baldwin Drainage Channel ‐ LITTER 12 Cycles $1.00
342 Dallas Drive Drainage Channel ‐ 700 Dallas Dr 24 Cycles $115.00
343 Dallas Drive Drainage Channel ‐ 700 Dallas Dr ‐ LITTER 12 Cycles $1.00
344 Dallas Drive Drainage Channel ‐ Duncan St 24 Cycles $85.00
345 Dallas Drive Drainage Channel ‐ Duncan St ‐ LITTER 12 Cycles $1.00
346 Mounts Congress 12 Cycles $85.00
347 W. Prairie (between Elm Locust)12 Cycles $85.00
348 421 W. Windsor 12 Cycles $85.00
349 Paisley (downstream of yard)12 Cycles $85.00
350 1101 Monterey 12 Cycles $85.00
351 1101 Monterey 12 Cycles $85.00
352 Valley Creek to T 12 Cycles $85.00
353 8704 Seven Oaks 12 Cycles $85.00
354 8900 N I 35E (@ Milam Rd)12 Cycles $85.00
355 Chebi 12 Cycles $85.00
356 Carroll Crescent 12 Cycles $85.00
357 2126 James St 12 Cycles $85.00
358 2013 Marshall Rd 12 Cycles $85.00
359 8912 Seven Oaks 12 Cycles $85.00
360 Market Blake 12 Cycles $120.00
361 Mockingbird Pond 12 Cycles $85.00
362 916 Baldwin 12 Cycles $85.00
363 Spencer (Lg Gated Area)12 Cycles $85.00
365 Hobson 12 Cycles $120.00
366 3918 Lariat 12 Cycles $85.00
367 Colorado Wilderness 12 Cycles $85.00
368 820 Abbots Ln 12 Cycles $85.00
369 Lariat to University 6 Cycles $300.00
370 Hampton to Lariat 6 Cycles $515.00
371 Corbin @ Airport 6 Cycles $140.00
372 Bonnie Brae and Windsor 6 Cycles $140.00
373 University to Cordell 6 Cycles $475.00
374 Hinkle to Rodeo Grounds 6 Cycles $375.00
375 Windsor to Hinkle/Haggard 6 Cycles $410.00
376 Behind Rodeo Grounds 6 Cycles $140.00
377 Magnolia Pond 6 Cycles $430.00
378 2500 Coffey (Boom mower)6 Cycles $95.00
379 Nicosia x N Elm 6 Cycles $95.00
380 Masch Branch Lovers 6 Cycles $85.00
381 Mingo x Ruddell 6 Cycles $130.00
382 Porky's 6 Cycles $100.00
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Line #Description QTY UOM Unit
383 W Hercules N to Headwall 6 Cycles $100.00
384 Hercules to North Point 6 Cycles $300.00
385 North Point to Detention Pond 6 Cycles $2,400.00
386 North Point to Locust 6 Cycles $350.00
387 Locust to Headwall 6 Cycles $670.00
388 Hercules to Headwall 6 Cycles $380.00
389 Headwall to Stuart 6 Cycles $550.00
390 Olympia to Channel 6 Cycles $135.00
391 Wolftrap to Channel 6 Cycles $95.00
392 Stuart to Bell 6 Cycles $180.00
393 Strickland Pond 6 Cycles $120.00
394 Stuart Manhattan to Y 6 Cycles $115.00
395 Stuart Windsor to Y 6 Cycles $120.00
396 Y to Sherman Dr 6 Cycles $185.00
397 Sherman Dr to Windsor 6 Cycles $250.00
398 Kings Row Detention Pond 6 Cycles $970.00
399 Sherman Dr to Kings Row 6 Cycles $130.00
400 Marianne Court 6 Cycles $220.00
401 Windsor to Y 6 Cycles $280.00
402 Old North Rd to Dead End 6 Cycles $625.00
403 Burning Tree to Old North Rd 6 Cycles $375.00
404 Kingsrow and Loop 288 (Staghorn)6 Cycles $85.00
405 Kings Row and Loop 288 6 Cycles $85.00
406 Kings Row and Loop 288 (Deerfield)6 Cycles $85.00
407 Mockingbird Vacant Lot 6 Cycles $85.00
408 Audra to Bayfield 6 Cycles $100.00
409 Mockingbird Detention Pond 6 Cycles $200.00
410 Oak Valley to Audra 6 Cycles $90.00
411 Lattimore 6 Cycles $200.00
412 2520 E McKinney 6 Cycles $380.00
413 Mozingo x Tyler 6 Cycles $85.00
414 Mingo x Sirius 6 Cycles $150.00
415 Woodrow to Dead End 6 Cycles $85.00
416 Spencer 6 Cycles $105.00
417 Angelina Bend 6 Cycles $305.00
418 Behind Bed, Bath, and Beyond 6 Cycles $150.00
419 Loon Lake Culvert 6 Cycles $105.00
420 State School Rd 6 Cycles $500.00
421 Sally's East 6 Cycles $165.00
422 Mayhill and Morse 6 Cycles $1,000.00
423 Pine Hills Pond 6 Cycles $250.00
424 McCormick to Willowwood 6 Cycles $315.00
425 2127 West Willowwood 6 Cycles $90.00
426 1400 Myrtle 6 Cycles $85.00
427 Medpark 6 Cycles $100.00
428 Russell Newman 6 Cycles $125.00
429 901 Texas 6 Cycles $120.00
430 Day Labor 6 Cycles $85.00
431 Londonderry to Pond 6 Cycles $85.00
432 Savanah to Pond 6 Cycles $85.00
433 Longridge to 2nd Bridge 6 Cycles $85.00
434 1421 Greenlee 6 Cycles $85.00
435 Daniel x Forth Worth Dr 6 Cycles $85.00
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Exhibit
DocuSign Envelope ID: 138FC281-9DC3-494E-8A88-630F8B24F2C3
Freedom Commercial Services, LLC
G
12/14/2021
na
na
Certificate Of Completion
Envelope Id: 138FC2819DC3494E8A88630F8B24F2C3 Status: Sent
Subject: Please DocuSign: City Council Contract 7788
Source Envelope:
Document Pages: 35 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/13/2021 7:46:15 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 12/13/2021 7:55:24 AM
Viewed: 12/13/2021 7:55:55 AM
Signed: 12/13/2021 7:56:57 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/13/2021 7:56:59 AM
Viewed: 12/13/2021 10:51:21 AM
Signed: 12/13/2021 10:52:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.185.202.16
Sent: 12/13/2021 10:52:05 AM
Viewed: 12/14/2021 11:13:05 AM
Signed: 12/14/2021 11:16:47 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Louie Pancoast
cleaning.freedom@yahoo.com
managing member
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 107.178.6.230
Sent: 12/14/2021 11:16:51 AM
Viewed: 12/14/2021 1:20:35 PM
Signed: 12/14/2021 1:22:12 PM
Electronic Record and Signature Disclosure:
Accepted: 3/22/2019 2:51:14 PM
ID: 6527dd8b-3546-4ac3-83f9-d227629de9a4
Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/14/2021 1:22:16 PM
Viewed: 12/14/2021 2:03:46 PM
Signed: 12/14/2021 2:03:58 PM
Electronic Record and Signature Disclosure:
Accepted: 12/14/2021 2:03:46 PM
ID: e175332c-1e9a-482f-a641-733f87a8390e
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2021 2:04:01 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/15/2021 8:48:24 AM
ID: 4feba34d-b3a6-43a8-9585-0ca6156b9c3a
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/13/2021 7:57:00 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2021 2:04:01 PM
Viewed: 12/15/2021 8:49:41 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marshall McGee
marshall.mcgee@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/26/2021 7:47:18 AM
ID: 68609e18-6efb-4da3-8dfc-f1caf18e5574
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/13/2021 7:55:25 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Louie Pancoast, Gary Packan, Rosa Rios, Marshall McGee
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-065,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a contract with Natures Greenery,Inc.,for mowing and maintenance services for
the Parks and Recreation and Fire Departments,Section A -Northwest Public Buildings,Parks,Trails,and
Medians,Section B -Northeast Public Buildings,Parks,Trails,and Medians,and Section H -Landscape
Maintenance;providing for the expenditure of funds therefor;and providing an effective date (RFP 7788 -
awarded to Natures Greenery,Inc.,for one (1)year,with the option for four (4)additional one (1)year
extensions, in the total five (5) year not-to-exceed amount of $6,334,436.00).
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Natures Greenery, Inc., for mowing and
maintenance services for the Parks and Recreation and Fire Departments, Section A – Northwest Public
Buildings, Parks, Trails, and Medians, Section B – Northeast Public Buildings, Parks, Trails, and Medians,
and Section H – Landscape Maintenance; providing for the expenditure of funds therefor; and providing an
effective date (RFP 7788 – awarded to Natures Greenery, Inc., for one (1) year, with the option for four (4)
additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $6,334,436.00).
INFORMATION/BACKGROUND
The current contract, 7378, with Natures Greenery expired at the end of the calendar year 2021. The
proposed contract will allow Natures Greenery to continue with their mowing/maintenance services
throughout northern portions of the City as well as landscape (perennial trimming and bed maintenance) in
medians throughout the City. The realistic expectation of having properly manicured turf and beds in the
City is the Parks and Recreation Department’s (PARD) responsibility to negotiate and oversee. The City
continues to grow rapidly and acquire new properties, all of which need to be maintained aesthetically and
economically in order to make Denton an attractive and appealing city. Staff assessed the volume needed
and developed sections for the services that could be awarded to multiple vendors. Natures Greenery is an
established business that has the experience of working with larger entities, as well as their excellent past
performance with the City of Denton, to competently perform the work required. In 2020 when PARD
assumed responsibility for all City department mowing contracts, an evaluation was completed to determine
if these services should be contracted out or absorbed in-house. The evaluation determined that due to the
required equipment needs and staffing levels it was fiscally responsible to outsource the services. With this,
the proposed contracts have no impact on the current staffing levels.
Mowing is required to maintain safety and aesthetics as well as to maintain code compliance. The mowing
services provide the following benefits to the City of Denton:
1. It keeps the City in compliance with Community Improvement Services.
2. It keeps the turf aesthetically pleasing and helps to thwart the growth of weeds.
3. It keeps the areas free of litter and debris.
The anticipated cost breakdown is as follows. The contingency amount is to cover new properties and
vendor defaults.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 TOTAL
Sections A - Northwest $572,601 $589,778 $607,471 $625,696 $644,466 $3,040,012
Section B - Northeast $408,570 $420,827 $433,452 $446,455 $459,849 $2,169,153
Section H - Landscape $11,950 $12,309 $12,678 $13,058 $13,450 $63,445
Contingency $200,000 $206,000 $212,180 $218,545 $225,101 $1,061,826
Total $1,193,121 $1,228,914 $1,265,781 $1,303,754 $1,342,866 $6,334,436
Request for Proposals was sent to 138 prospective suppliers, including 17 Denton firms. In addition,
specifications were placed on the Materials Management website for prospective suppliers to download and
advertised in the local newspaper. Eleven (11) proposals were received, references were checked, and
proposals were evaluated based upon published criteria including availability, probable performance,
equipment, personnel, safety, and price. Best and Final Offers (BAFO) were requested from all firms. Based
upon this evaluation, Natures Greenery, Inc. was ranked the highest and determined to be the best value for
the City for Section A – Northwest Public Buildings, Parks, Trails, and Medians, Section B – Northeast
Public Buildings, Parks, Trails, and Medians, and Section H – Landscape Maintenance.
NIGP Code Used for Solicitation: 988 – Services, roadside, grounds,
recreational, and park area services
Notifications sent for Solicitation sent in IonWave: 138
Number of Suppliers that viewed Solicitation in IonWave: 17
HUB-Historically Underutilized Business Invitations sent out: 14
SBE-Small Business Enterprise Invitations sent out: 66
Responses from Solicitation: 11
Below is the information Natures Greenery provided regarding the wages they pay their employees who
will be assigned to the City’s contract.
Position Description Number of Assigned Employees Hourly Rate of Assigned Employees
Crew Lead 4 $25.00
Laborer 12 $15.00 to $20.00
Admin 1 $20.00
Mechanic 1 $30.00
RECOMMENDATION
Award a contract with Natures Greenery, Inc., for mowing and maintenance services for the Parks and
Recreation and Fire Departments, Section A – Northwest Public Buildings, Parks, Trails, and Medians,
Section B – Northeast Public Buildings, Parks, Trails, and Medians, and Section H – Landscape
Maintenance, in a one (1) year, with the option for four (4) additional one (1) year extensions, in the total
five (5) year not-to-exceed amount of $6,334,436.
PRINCIPAL PLACE OF BUSINESS
Natures Greenery, Inc.
Haltom City, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year
periods, with all terms and conditions remaining the same.
FISCAL INFORMATION
These services will be funded through the using department’s budget on an as-needed basis. The City will
only pay for services rendered and is not obligated to pay the full contract amount unless needed.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Marshall McGee, 940-349-8430.
Legal point of contact: Marcella Lunn at 940-349-8333.
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
1 SECTION A - NORTHWEST PUBLIC BUILDINGS, PARKS, TRAILS MEDIANS
2 Roland G Vela Soccer Complex -All common areas (everything outside of field fences); Riney Road frontage mowing to extend south on Hwy 77 to entry into Animal Adoption then
continue mowing 10' along shared drive to the bridge 36 Cycles $1,875.00 $67,500.00 $1,550.00 $55,800.00 $444.02 $15,984.72 $2,186.10 $78,699.60 $720.00 $25,920.00
3 Development Services Center - Bed Maintenance 52 Cycles $50.00 $2,600.00 $60.00 $3,120.00 $74.82 $3,890.64 $30.00 $1,560.00 $75.00 $3,900.00
4 Old City Hall West 36 Cycles $40.00 $1,440.00 $45.00 $1,620.00 $80.74 $2,906.64 $25.00 $900.00 $45.00 $1,620.00
5 Linda McNatt Animal Adoption Center - 3717 N. Elm St. -Two fenced-in artificial turf areas will need to be maintained each visit. This is to include weedeating in the artificial turf.
Access to fenced areas will be given each time by an Adoption Center staff member 36 Cycles $160.00 $5,760.00 $175.00 $6,300.00 $237.22 $8,539.92 $175.70 $6,325.20 $300.00 $10,800.00
6 Fire Station 3 new in 2021 - 1401 Underwood 32 Cycles $65.00 $2,080.00 $135.00 $4,320.00 $153.81 $4,921.92 no bid $4,921.92 $60.00 $1,920.00
7 Fire Station 3 Landscape - 1401 Underwood 48 Cycles $50.00 $2,400.00 $30.00 $1,440.00 $119.49 $5,735.52 $30.00 $1,440.00 $75.00 $3,600.00
8 Fire Station 5 - 2230 W. Windsor 36 Cycles $75.00 $2,700.00 $60.00 $2,160.00 $100.76 $3,627.36 $87.50 $3,150.00 $75.00 $2,700.00
9 Fire Station 5 - Landscape 2230 W. Windsor 48 Cycles $50.00 $2,400.00 $30.00 $1,440.00 $43.79 $2,101.92 $30.00 $1,440.00 $50.00 $2,400.00
10 Evers Park - 3201 N. Locust -This location combines the Boy Scout area (4.12 acres) on south side of Windsor with Evers Park 36 Cycles $990.00 $35,640.00 $833.00 $29,988.00 $1,128.99 $40,643.64 $1,166.20 $41,983.20 $670.00 $24,120.00
11 North Lakes Common - 2001 W. Windsor 36 Cycles $2,470.00 $88,920.00 $2,000.00 $72,000.00 $0.01 $0.36 $2,903.60 $104,529.60 $1,870.00 $67,320.00
12 North Lakes Common - Rec Center, 2.33ac 36 Cycles $140.00 $5,040.00 $140.00 $5,040.00 $139.57 $5,024.52 $163.10 $5,871.60 $125.00 $4,500.00
13 North Lakes Common - Goldfield Tennis Center - 2005 W. Windsor, 2ac 36 Cycles $120.00 $4,320.00 $120.00 $4,320.00 $131.39 $4,730.04 $140.00 $5,040.00 $125.00 $4,500.00
14 North Lakes Common- Golf Driving Range - 2005 W. Windsor 36 Cycles $80.00 $2,880.00 $90.00 $3,240.00 $96.21 $3,463.56 $92.40 $3,326.40 $125.00 $4,500.00
15 North Lakes Common - Annex - 1.1ac -This will be the future tennis center, maintained acreage will be reduced. NOT to be confused with Goldfield Tennis Center 24 Cycles $70.00 $1,680.00 $70.00 $1,680.00 $64.97 $1,559.28 $77.00 $1,848.00 $125.00 $3,000.00
16 North Lakes Common - ROW 24 Cycles $440.00 $10,560.00 $439.00 $10,536.00 $459.76 $11,034.24 $513.10 $12,314.40 $480.00 $11,520.00
17 North Lakes Common - Rugby Field 24 Cycles $370.00 $8,880.00 $360.00 $8,640.00 $408.65 $9,807.60 $428.40 $10,281.60 $250.00 $6,000.00
18 North Lakes Common - Evers Trail Portion 24 Cycles $400.00 $9,600.00 $220.00 $5,280.00 $378.88 $9,093.12 $258.30 $6,199.20 $290.00 $6,960.00
19 North Lakes Common - Disc Golf - 2201 N. Bonnie Brae St 24 Cycles $274.00 $6,576.00 $275.00 $6,600.00 $255.83 $6,139.92 $319.90 $7,677.60 $350.00 $8,400.00
20 North Lakes Common - Playground area 24 Cycles $715.00 $17,160.00 $715.00 $17,160.00 $653.91 $15,693.84 $834.40 $20,025.60 $480.00 $11,520.00
21 North Lakes Common - Soccer Entrance, 1.1ac 24 Cycles $70.00 $1,680.00 $60.00 $1,440.00 $103.00 $2,472.00 $77.00 $1,848.00 $125.00 $3,000.00
22 North Lakes Dog Park - 808 W. Windsor -To include adjoining portion of Evers Trail --HAS to be mowed on Thursdays--36 Cycles $350.00 $12,600.00 $300.00 $10,800.00 $285.05 $10,261.80 $350.00 $12,600.00 $300.00 $10,800.00
23 US380 - Locust St to median after HWY156 -Cindy Lane maintenance to be included. Guardrails and drainage culverts to be maintained to State of Texas spec's.24 Cycles $2,700.00 $64,800.00 $2,008.00 $48,192.00 $2,288.64 $54,927.36 $2,342.20 $56,212.80 $2,175.00 $52,200.00
24 US380 - Additional litter control on medians 12 Cycles $250.00 $3,000.00 $250.00 $3,000.00 $408.68 $4,904.16 $1,171.10 $14,053.20 $540.00 $6,480.00
25 Bowling Green Park - 2200 Bowling Green 24 Cycles $690.00 $16,560.00 $685.00 $16,440.00 $756.08 $18,145.92 $802.20 $19,252.80 $460.00 $11,040.00
26 North Point Park - 1400 Hercules Ln -Maintenance to include both sides of Hercules Lane. Maintenance to also include the adjoining portion of Evers Trail (.18ac)24 Cycles $510.00 $12,240.00 $510.00 $12,240.00 $372.30 $8,935.20 $1,171.10 $28,106.40 $340.00 $8,160.00
27 N Elm St / US 77 - from Elm/N Locust split to I-35 24 Cycles $1,600.00 $38,400.00 $1,326.50 $31,836.00 $0.01 $0.24 $1,857.10 $44,570.40 $1,865.00 $44,760.00
28 N Elm St / US 77 - medians 24 Cycles $825.00 $19,800.00 $685.00 $16,440.00 $1,430.40 $34,329.60 $957.60 $22,982.40 $890.00 $21,360.00
29 N Elm St / US 77 - ROW from N Locust to Loop 288 24 Cycles $540.00 $12,960.00 $445.00 $10,680.00 $620.00 $14,880.00 $623.70 $14,968.80 $580.00 $13,920.00
30 N Elm St / US 77 - Windsor Dr.24 Cycles $40.00 $960.00 $50.00 $1,200.00 $47.02 $1,128.48 $39.90 $957.60 $80.00 $1,920.00
31 N Elm St / US 77 - North Carroll Blvd.24 Cycles $40.00 $960.00 $50.00 $1,200.00 $35.17 $844.08 $25.90 $621.60 $65.00 $1,560.00
32 N Elm St / US 77 - ROW from Loop 288 to I-35 24 Cycles $200.00 $4,800.00 $150.00 $3,600.00 $125.05 $3,001.20 $210.00 $5,040.00 $250.00 $6,000.00
33 N Elm St / US 77 - Litter 3 Cycles $275.00 $825.00 $250.00 $750.00 $531.28 $1,593.84 $928.55 $2,785.65 $540.00 $1,620.00
34 N Elm St / Riney Road 24 Cycles $1,150.00 $27,600.00 $50.00 $1,200.00 $15.50 $372.00 $1,330.00 $31,920.00 $45.00 $1,080.00
35 Windsor Dr. DO NOT MOW WILDFLOWERS -West of Bonnie Brae, between Westgate and Clarendon Dr; mow from curb to tree line on north side of Windsor 24 Cycles $50.00 $1,200.00 $50.00 $1,200.00 $30.65 $735.60 $52.50 $1,260.00 $250.00 $6,000.00
36 Malone Tulane Medians 24 Cycles $40.00 $960.00 $45.00 $1,080.00 $24.50 $588.00 $25.00 $600.00 $45.00 $1,080.00
37 Carroll Blvd / Ft. Worth Dr -Area to be maintained is between I-35 and Sherman Dr. Litter control to run mid-Dec through mid-March 24 Cycles $300.00 $7,200.00 $250.00 $6,000.00 $388.26 $9,318.24 $348.60 $8,366.40 $425.00 $10,200.00
38 Carroll Blvd / Ft. Worth Dr - Litter and Debris Removal -Area to be maintained is between I-35 and Sherman Dr. Litter control to run mid-Dec through mid-March 12 Cycles $100.00 $1,200.00 $100.00 $1,200.00 $81.73 $980.76 $174.30 $2,091.60 $500.00 $6,000.00
39 Emery St. -Maintain at dead end of Emery at Coit 24 Cycles $40.00 $960.00 $45.00 $1,080.00 $13.07 $313.68 $25.00 $600.00 $45.00 $1,080.00
40 Cordell St. -Maintain at dead end of Cordell at Coit 24 Cycles $40.00 $960.00 $45.00 $1,080.00 $14.30 $343.20 $25.00 $600.00 $45.00 $1,080.00
41 Alice St Denton St Drainage - 704 Alice 24 Cycles $65.00 $1,560.00 $60.00 $1,440.00 $109.95 $2,638.80 $71.40 $1,713.60 $200.00 $4,800.00
42 Jagoe St and Scripture St. Median 24 Cycles $40.00 $960.00 $45.00 $1,080.00 $14.30 $343.20 $25.00 $600.00 $45.00 $1,080.00
43 Eagle Dr Elm St.24 Cycles $40.00 $960.00 $45.00 $1,080.00 $11.84 $284.16 $25.00 $600.00 $45.00 $1,080.00
44 McKenna Park - 700 N. Bonnie Brae -Warning: Steep slopes on Bonnie Brae side 24 Cycles $900.00 $21,600.00 $730.00 $17,520.00 $776.49 $18,635.76 $1,020.60 $24,494.40 $720.00 $17,280.00
45 Oak St. Medians 24 Cycles $40.00 $960.00 $45.00 $1,080.00 $96.88 $2,325.12 $35.00 $840.00 $250.00 $6,000.00
46 Westgate Dr 24 Cycles $100.00 $2,400.00 $60.00 $1,440.00 $82.52 $1,980.48 $80.50 $1,932.00 $125.00 $3,000.00
47 Rayzor Ranch Park 36 Cycles $700.00 $25,200.00 $525.00 $18,900.00 $456.31 $16,427.16 $734.30 $26,434.80 $420.00 $15,120.00
48 Rayzor Ranch Park - Bed Maintenance 48 Cycles $200.00 $9,600.00 $140.00 $6,720.00 $903.92 $43,388.16 $1,100.00 $52,800.00 $400.00 $19,200.00
49 Scripture Roundabout 24 Cycles $65.00 $1,560.00 $45.00 $1,080.00 $109.95 $2,638.80 no bid $6,000.00 $250.00 $6,000.00
Item #
1
2
3
4
5
6
Exhibit 2
RFP 7788 - PARD Mowing Services - Section A
Scoring Criteria
Total Score:
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
Equipment (10 Points)
Personnel (10 Points)
84.00 81.75 79.83 67.5584.82
27.00 21.00 28.50 16.50
11.25 10.25 12.00 8.00
6.00 8.50 8.50 6.25
28.50
4.25
12.75
9.00
8.75
4.25 3.50 4.25 4.25
8.75 8.50
Brightview D&D Commercial
9.00 7.25
Total:
Respondent's Business Name:
Principal Place of Business (City and State):
Brightview
Landscaping
Prosper, TX Dallas, TXHaltom City, TX Denton, TX Denton, TX
$702,386.37$461,682.00
M.E.T. Lawn Care
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
D&D Commercial
Landscape ManagementNatures Greenery
$572,601.00 $488,100.00$411,635.76
Evaluation
21.57 26.75 30.00 17.58 25.30
Natures Greenery Classic Landscapes and M.E.T. Lawn Care
Line #Description QTY UOM
1 SECTION A - NORTHWEST PUBLIC BUILDINGS, PARKS, TRAILS MEDIANS
2 Roland G Vela Soccer Complex -All common areas (everything outside of field fences); Riney Road frontage mowing to extend south on Hwy 77 to entry into Animal Adoption then
continue mowing 10' along shared drive to the bridge 36 Cycles
3 Development Services Center - Bed Maintenance 52 Cycles
4 Old City Hall West 36 Cycles
5 Linda McNatt Animal Adoption Center - 3717 N. Elm St. -Two fenced-in artificial turf areas will need to be maintained each visit. This is to include weedeating in the artificial turf.
Access to fenced areas will be given each time by an Adoption Center staff member 36 Cycles
6 Fire Station 3 new in 2021 - 1401 Underwood 32 Cycles
7 Fire Station 3 Landscape - 1401 Underwood 48 Cycles
8 Fire Station 5 - 2230 W. Windsor 36 Cycles
9 Fire Station 5 - Landscape 2230 W. Windsor 48 Cycles
10 Evers Park - 3201 N. Locust -This location combines the Boy Scout area (4.12 acres) on south side of Windsor with Evers Park 36 Cycles
11 North Lakes Common - 2001 W. Windsor 36 Cycles
12 North Lakes Common - Rec Center, 2.33ac 36 Cycles
13 North Lakes Common - Goldfield Tennis Center - 2005 W. Windsor, 2ac 36 Cycles
14 North Lakes Common- Golf Driving Range - 2005 W. Windsor 36 Cycles
15 North Lakes Common - Annex - 1.1ac -This will be the future tennis center, maintained acreage will be reduced. NOT to be confused with Goldfield Tennis Center 24 Cycles
16 North Lakes Common - ROW 24 Cycles
17 North Lakes Common - Rugby Field 24 Cycles
18 North Lakes Common - Evers Trail Portion 24 Cycles
19 North Lakes Common - Disc Golf - 2201 N. Bonnie Brae St 24 Cycles
20 North Lakes Common - Playground area 24 Cycles
21 North Lakes Common - Soccer Entrance, 1.1ac 24 Cycles
22 North Lakes Dog Park - 808 W. Windsor -To include adjoining portion of Evers Trail --HAS to be mowed on Thursdays--36 Cycles
23 US380 - Locust St to median after HWY156 -Cindy Lane maintenance to be included. Guardrails and drainage culverts to be maintained to State of Texas spec's.24 Cycles
24 US380 - Additional litter control on medians 12 Cycles
25 Bowling Green Park - 2200 Bowling Green 24 Cycles
26 North Point Park - 1400 Hercules Ln -Maintenance to include both sides of Hercules Lane. Maintenance to also include the adjoining portion of Evers Trail (.18ac)24 Cycles
27 N Elm St / US 77 - from Elm/N Locust split to I-35 24 Cycles
28 N Elm St / US 77 - medians 24 Cycles
29 N Elm St / US 77 - ROW from N Locust to Loop 288 24 Cycles
30 N Elm St / US 77 - Windsor Dr.24 Cycles
31 N Elm St / US 77 - North Carroll Blvd.24 Cycles
32 N Elm St / US 77 - ROW from Loop 288 to I-35 24 Cycles
33 N Elm St / US 77 - Litter 3 Cycles
34 N Elm St / Riney Road 24 Cycles
35 Windsor Dr. DO NOT MOW WILDFLOWERS -West of Bonnie Brae, between Westgate and Clarendon Dr; mow from curb to tree line on north side of Windsor 24 Cycles
36 Malone Tulane Medians 24 Cycles
37 Carroll Blvd / Ft. Worth Dr -Area to be maintained is between I-35 and Sherman Dr. Litter control to run mid-Dec through mid-March 24 Cycles
38 Carroll Blvd / Ft. Worth Dr - Litter and Debris Removal -Area to be maintained is between I-35 and Sherman Dr. Litter control to run mid-Dec through mid-March 12 Cycles
39 Emery St. -Maintain at dead end of Emery at Coit 24 Cycles
40 Cordell St. -Maintain at dead end of Cordell at Coit 24 Cycles
41 Alice St Denton St Drainage - 704 Alice 24 Cycles
42 Jagoe St and Scripture St. Median 24 Cycles
43 Eagle Dr Elm St.24 Cycles
44 McKenna Park - 700 N. Bonnie Brae -Warning: Steep slopes on Bonnie Brae side 24 Cycles
45 Oak St. Medians 24 Cycles
46 Westgate Dr 24 Cycles
47 Rayzor Ranch Park 36 Cycles
48 Rayzor Ranch Park - Bed Maintenance 48 Cycles
49 Scripture Roundabout 24 Cycles
Item #
1
2
3
4
5
6
Exhibit 2
RFP 7788 - PARD Mowing Services - Section A
Scoring Criteria
Total Score:
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
Equipment (10 Points)
Personnel (10 Points)
Total:
Respondent's Business Name:
Principal Place of Business (City and State):
Evaluation
Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
$395.00 $14,220.00 $1,980.00 $71,280.00 $1,374.00 $49,464.00 $2,088.25 $75,177.00 $4,000.00 $144,000.00
No bid $5,661.76 $20.00 $1,040.00 $48.00 $2,496.00 $108.88 $5,661.76
$35.00 $1,260.00 $23.00 $828.00 $24.00 $864.00 $25.00 $900.00
$185.00 $6,660.00 $180.00 $6,480.00 $110.00 $3,960.00 $197.66 $7,115.76
No bid $4,921.92 $72.50 $2,320.00 $48.00 $1,536.00 $85.84 $2,746.88
No bid $5,735.52 $20.00 $960.00 $80.00 $3,840.00 $25.00 $1,200.00
No bid $3,627.36 $90.00 $3,240.00 $55.00 $1,980.00 $98.44 $3,543.84
No bid $4,800.00 $20.00 $960.00 $48.00 $2,304.00 $25.00 $1,200.00
$575.00 $20,700.00 $1,040.00 $37,440.00 $733.00 $26,388.00 $937.11 $33,735.96
No bid $101,160.00 $2,575.00 $92,700.00 $1,825.00 $65,700.00 $2,333.22 $83,995.92
$155.00 $5,580.00 $145.00 $5,220.00 $103.00 $3,708.00 $228.68 $8,232.48
$138.00 $4,968.00 $125.00 $4,500.00 $88.00 $3,168.00 $157.50 $5,670.00
$83.00 $2,988.00 $80.00 $2,880.00 $58.00 $2,088.00 $112.99 $4,067.64
$85.00 $2,040.00 $65.00 $1,560.00 $53.00 $1,272.00 $104.70 $2,512.80
$475.00 $11,400.00 $455.00 $10,920.00 $352.00 $8,448.00 $412.31 $9,895.44
$450.00 $10,800.00 $380.00 $9,120.00 $294.00 $7,056.00 $344.25 $8,262.00
$325.00 $7,800.00 $230.00 $5,520.00 $177.00 $4,248.00 $207.56 $4,981.44
$425.00 $10,200.00 $285.00 $6,840.00 $219.00 $5,256.00 $257.06 $6,169.44
$845.00 $20,280.00 $750.00 $18,000.00 $572.00 $13,728.00 $670.49 $16,091.76
$95.00 $2,280.00 $70.00 $1,680.00 $53.00 $1,272.00 $86.62 $2,078.88
$295.00 $10,620.00 $310.00 $11,160.00 $220.00 $7,920.00 $393.74 $14,174.64
$2,491.00 $59,784.00 $2,825.00 $67,800.00 $1,606.00 $38,544.00 $2,416.84 $58,004.16
$123.00 $1,476.00 $530.00 $6,360.00 $1,338.00 $16,056.00 $1,097.89 $13,174.68
$720.00 $17,280.00 $715.00 $17,160.00 $550.00 $13,200.00 $564.04 $13,536.96
$685.00 $16,440.00 $605.00 $14,520.00 $408.00 $9,792.00 $477.56 $11,461.44
$1,600.00 $38,400.00 $1,915.00 $45,960.00 $1,273.00 $30,552.00 $1,741.01 $41,784.24
$750.00 $18,000.00 $990.00 $23,760.00 $657.00 $15,768.00 $1,459.75 $35,034.00
$482.00 $11,568.00 $655.00 $15,720.00 $428.00 $10,272.00 $701.65 $16,839.60
$55.00 $1,320.00 $40.00 $960.00 $27.00 $648.00 $44.89 $1,077.36
$55.00 $1,320.00 $25.00 $600.00 $24.00 $576.00 $29.14 $699.36
$235.00 $5,640.00 $215.00 $5,160.00 $144.00 $3,456.00 $236.25 $5,670.00
No bid $3,183.00 $430.00 $1,290.00 $1,061.00 $3,183.00 $870.50 $2,611.50
$1,275.00 $30,600.00 $13.00 $312.00 $912.00 $21,888.00 $1,496.23 $35,909.52
$125.00 $3,000.00 $50.00 $1,200.00 $36.00 $864.00 $59.06 $1,417.44
$55.00 $1,320.00 $5.00 $120.00 $24.00 $576.00 $25.00 $600.00
$475.00 $11,400.00 $355.00 $8,520.00 $239.00 $5,736.00 $392.17 $9,412.08
$95.00 $1,140.00 $165.00 $1,980.00 $199.00 $2,388.00 $163.40 $1,960.80
$45.00 $1,080.00 $10.00 $240.00 $24.00 $576.00 $25.00 $600.00
$55.00 $1,320.00 $10.00 $240.00 $24.00 $576.00 $25.00 $600.00
$78.00 $1,872.00 $70.00 $1,680.00 $49.00 $1,176.00 $80.32 $1,927.68
$795.00 $19,080.00 $10.00 $240.00 $24.00 $576.00 $25.00 $600.00
$72.00 $1,728.00 $10.00 $240.00 $24.00 $576.00 $25.00 $600.00
$767.00 $18,408.00 $1,070.00 $25,680.00 $700.00 $16,800.00 $820.11 $19,682.64
$65.00 $1,560.00 $35.00 $840.00 $24.00 $576.00 $39.37 $944.88
No bid $6,000.00 $80.00 $1,920.00 $55.00 $1,320.00 $90.56 $2,173.44
$714.00 $25,704.00 $665.00 $23,940.00 $462.00 $16,632.00 $590.05 $21,241.80
$138.00 $6,624.00 $110.00 $5,280.00 $792.00 $38,016.00 $1,299.36 $62,369.28
$68.00 $1,632.00 $70.00 $1,680.00 $49.00 $1,176.00 $80.32 $1,927.68
9.25
2.50
Exhibit 2
RFP 7788 - PARD Mowing Services - Section A
6.00 6.25 7.25 2.50
67.37 67.24 67.13 32.98
8.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Incircle Management Southlake Landscape & Freedom
0.00
19.50 19.50 15.00 6.00
4.25 3.50 3.50 2.75
8.00 0.50
7.25 7.00 7.00
Burleson, TX
Yellowstone Landscape
Dallas, TXWestlake, TXLewisville, TX Denton, TXDenton, TX
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Freedom
Services Hoot's Lawn Care, LLC
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
$659,274.18
No Bid
No Bid
No Bid
No Bid
Firehouse22 Incircle Management
Inc
Southlake Landscape &
Maintenance Inc.
$564,581.56 $468,195.00$568,050.00
Evaluation
21.74 26.38 18.7321.87
Firehouse22 Yellowstone Landscape Hoot's Lawn Care, LLC
0.00
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
50
51 North Branch Library - 3020 N. Locust St.36 Cycles $75.00 $2,700.00 $131.21 $4,723.56 $105.70 $3,805.20 $90.00 $3,240.00 $66.00 $2,376.00
52 North Branch Library Landscape Beds - 3020 N. Locust St.48 Cycles $75.00 $3,600.00 $345.32 $16,575.36 $55.00 $2,640.00 $30.00 $1,440.00 $192.00 $9,216.00
53 Fire Station 2 - 110 Mockingbird Ln 32 Cycles $155.00 $4,960.00 $196.78 $6,296.96 $181.30 $5,801.60 $125.00 $4,000.00 $114.00 $3,648.00
54 Fire Station 2 Landscape Maintenance 110 Mockingbird Ln 48 Cycles $50.00 $2,400.00 $98.50 $4,728.00 $75.00 $3,600.00 $30.00 $1,440.00 $56.00 $2,688.00
55 Fire Station 4 - 2116 E. Sherman Dr.32 Cycles $175.00 $5,600.00 $283.02 $9,056.64 $203.70 $6,518.40 $150.00 $4,800.00 $128.00 $4,096.00
56 Fire Station 4 Landscape Beds - 2116 E. Sherman Dr.48 Cycles $50.00 $2,400.00 $106.69 $5,121.12 $35.00 $1,680.00 $30.00 $1,440.00 $88.00 $4,224.00
57 Water Works Park and Skate Park - 2400 Long Rd -Water Works Park is 7.88ac, Skate Park is .21ac 32 Cycles $750.00 $24,000.00 $885.83 $28,346.56 $566.30 $18,121.60 $480.00 $15,360.00 $356.00 $11,392.00
58 Water Works Park and Skate Park Landscape - 2400 Long Rd 48 Cycles $100.00 $4,800.00 $460.79 $22,117.92 $55.00 $2,640.00 $200.00 $9,600.00 $360.00 $17,280.00
59 Hercules Lane - medians and right of way between Locust and Sherman -To include medians and ROW between Locust and Sherman and entry median on Meadow Lane Place 24 Cycles $95.00 $2,280.00 $168.79 $4,050.96 $107.80 $2,587.20 $75.00 $1,800.00 $74.00 $1,776.00
60 Redstone Rd (inside wall along 288)24 Cycles $40.00 $960.00 $75.61 $1,814.64 $33.60 $806.40 $45.00 $1,080.00 $24.00 $576.00
61 Cooper Glenn / Monterey Trail 24 Cycles $500.00 $12,000.00 $833.31 $19,999.44 $704.90 $16,917.60 $500.00 $12,000.00 $483.00 $11,592.00
62 Carter Park 24 Cycles $60.00 $1,440.00 $55.17 $1,324.08 $25.00 $600.00 $45.00 $1,080.00 $24.00 $576.00
63 Sherman Drive and medians at N Locust, Woodland St.,Stuart, and Windsor Road 24 Cycles $390.00 $9,360.00 $731.96 $17,567.04 $451.50 $10,836.00 $325.00 $7,800.00 $310.00 $7,440.00
64 Nette Shultz Park - 1517 Mistywood 24 Cycles $445.00 $10,680.00 $503.90 $12,093.60 $515.90 $12,381.60 $350.00 $8,400.00 $354.00 $8,496.00
65 Avondale Park - 2021 Devonshire 24 Cycles $1,025.00 $24,600.00 $1,022.94 $24,550.56 $1,193.50 $28,644.00 $850.00 $20,400.00 $818.00 $19,632.00
66 Avondale Park - 2021 Devonshire - Litter 4 Cycles $250.00 $1,000.00 $1,791.68 $7,166.72 $596.75 $2,387.00 $140.00 $560.00 $750.00 $3,000.00
67 Emerson Ln Woodhaven St 24 Cycles $40.00 $960.00 $43.29 $1,038.96 $25.00 $600.00 $45.00 $1,080.00 $24.00 $576.00
68 Churchill Circle -Medians/islands are off of Windsor and Churchill Dr 24 Cycles $40.00 $960.00 $54.34 $1,304.16 $25.00 $600.00 $45.00 $1,080.00 $24.00 $576.00
69 US380 East (Locust east to Loop 288) -verify sqft -Currently a TXDOT construction contractor is responsible for maintenance from Loop 288 east to Fishtrap Road 24 Cycles $2,700.00 $64,800.00 $3,254.76 $78,114.24 $2,352.00 $56,448.00 $1,650.00 $39,600.00 $1,613.00 $38,712.00
70 Cooper Creek median (Will be combined in 1 or 2 years with US380 after TXDOT finishes current project) -Just north of 380/University 24 Cycles $25.00 $600.00 $50.66 $1,215.84 $25.00 $600.00 $45.00 $1,080.00 $24.00 $576.00
71 Cooper Creek median (Will be combined in 1 or 2 years with US380 after TXDOT finishes current project) -Just north of 380/University 24 Cycles $25.00 $600.00 $0.01 $0.24 $25.00 $600.00 $45.00 $1,080.00 $24.00 $576.00
72 Sequoia Park - 1404 E. University 24 Cycles $320.00 $7,680.00 $437.72 $10,505.28 $371.00 $8,904.00 $265.00 $6,360.00 $254.00 $6,096.00
73 Redwood Island -Intersection of Redwood Place 24 Cycles $40.00 $960.00 $55.16 $1,323.84 $25.90 $621.60 $45.00 $1,080.00 $24.00 $576.00
74 Stuart Rd (south of Loop 288 wall)24 Cycles $40.00 $960.00 $86.61 $2,078.64 $25.00 $600.00 $45.00 $1,080.00 $24.00 $576.00
75 US380 (from Bell St to eastern City limits)24 Cycles $1,900.00 $45,600.00 $1,814.97 $43,559.28 $2,170.00 $52,080.00 $1,550.00 $37,200.00 $1,488.00 $35,712.00
76 US380 (from Bell St to eastern City limits) - Litter 4 Cycles $250.00 $1,000.00 $1,791.68 $7,166.72 $1,085.00 $4,340.00 $140.00 $560.00 $1,364.00 $5,456.00
77 FM2164 / Locust St -Elm / Locust split to Loop 288 24 Cycles $420.00 $10,080.00 $585.64 $14,055.36 $490.00 $11,760.00 $350.00 $8,400.00 $336.00 $8,064.00
78 FM2164 / Locust St - Litter 4 Cycles $250.00 $1,000.00 $565.61 $2,262.44 $245.00 $980.00 $70.00 $280.00 $308.00 $1,232.00
79 Quakertown Park - 700 Oakland -Includes Old County Tax lot, Oakland St., Bell/Mingo medians, center parking island between City Hall and Post Office, and drainage channel behind
City Hall extending to Bell St 52 Cycles $1,400.00 $72,800.00 $1,068.52 $55,563.04 $1,358.70 $70,652.40 $1,200.00 $62,400.00 $854.00 $44,408.00
80 Denton Service Center - 901 B. Texas St. -Also includes N Ruddell St (0.13ac)25 Cycles $180.00 $4,500.00 $304.45 $7,611.25 $205.80 $5,145.00 $300.00 $7,500.00 $129.00 $3,225.00
81 Mingo Road - McKinney / Bell to Cooper Creek -Currently a TXDOT construction contractor is responsible for maintenance from Loop 288 east to Fishtrap Road 24 Cycles $2,525.00 $60,600.00 $2,192.19 $52,612.56 $2,355.50 $56,532.00 $1,650.00 $39,600.00 $1,615.00 $38,760.00
82 Mingo Road - Track side -dcta flagger required during work 5 Cycles $338.00 $1,690.00 $333.16 $1,665.80 $1,500.00 $7,500.00 $225.00 $1,125.00 $306.00 $1,530.00
83 Mingo Road - Litter 12 Cycles $300.00 $3,600.00 $2,095.74 $25,148.88 $1,177.75 $14,133.00 $250.00 $3,000.00 $1,346.00 $16,152.00
84 Kings Row and Calvert 24 Cycles $300.00 $7,200.00 $490.81 $11,779.44 $352.10 $8,450.40 $250.00 $6,000.00 $241.00 $5,784.00
85 909 N Loop 288 24 Cycles $200.00 $4,800.00 $293.86 $7,052.64 $171.50 $4,116.00 $120.00 $2,880.00 $118.00 $2,832.00
86 City Hall East - 215 E. McKinney 36 Cycles $150.00 $5,400.00 $295.47 $10,636.92 $142.10 $5,115.60 $140.00 $5,040.00 $97.00 $3,492.00
Item #
1
2
3
4
5
6
23.56 18.50 22.40 30.00
4.25
5.7511.25
3.50 4.25
15.0028.50 21.00 28.50
4.25
27.00
15.00 8.00 5.25
3.50
5.00
76.50
29.81
78.00
7.50
5.00 6.008.50 10.00 6.00
6.0010.00 10.00
Exhibit 2
RFP 7788 - PARD Mowing Services - Section B
Respondent's Business Name:
Natures Greenery
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
Brightview
Landscaping
D&D Commercial
Landscape Management
Incircle Management
Inc
SECTION B - NORTHEAST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
Westlake, TXHaltom City, TX Denton, TXProsper, TX Dallas, TXPrincipal Place of Business (City and State):
$408,570.00 $520,228.69 $429,744.60 $320,865.00 $322,919.00
Personnel (10 Points)
Total Score:
Evaluation
Total:
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
Equipment (10 Points)
Scoring Criteria
Natures Greenery Brightview
Landscaping
D&D Commercial
Landscape Management
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
Incircle Management
Inc
76.65 66.0686.06
Line #Description QTY UOM
50
51 North Branch Library - 3020 N. Locust St.36 Cycles
52 North Branch Library Landscape Beds - 3020 N. Locust St.48 Cycles
53 Fire Station 2 - 110 Mockingbird Ln 32 Cycles
54 Fire Station 2 Landscape Maintenance 110 Mockingbird Ln 48 Cycles
55 Fire Station 4 - 2116 E. Sherman Dr.32 Cycles
56 Fire Station 4 Landscape Beds - 2116 E. Sherman Dr.48 Cycles
57 Water Works Park and Skate Park - 2400 Long Rd -Water Works Park is 7.88ac, Skate Park is .21ac 32 Cycles
58 Water Works Park and Skate Park Landscape - 2400 Long Rd 48 Cycles
59 Hercules Lane - medians and right of way between Locust and Sherman -To include medians and ROW between Locust and Sherman and entry median on Meadow Lane Place 24 Cycles
60 Redstone Rd (inside wall along 288)24 Cycles
61 Cooper Glenn / Monterey Trail 24 Cycles
62 Carter Park 24 Cycles
63 Sherman Drive and medians at N Locust, Woodland St.,Stuart, and Windsor Road 24 Cycles
64 Nette Shultz Park - 1517 Mistywood 24 Cycles
65 Avondale Park - 2021 Devonshire 24 Cycles
66 Avondale Park - 2021 Devonshire - Litter 4 Cycles
67 Emerson Ln Woodhaven St 24 Cycles
68 Churchill Circle -Medians/islands are off of Windsor and Churchill Dr 24 Cycles
69 US380 East (Locust east to Loop 288) -verify sqft -Currently a TXDOT construction contractor is responsible for maintenance from Loop 288 east to Fishtrap Road 24 Cycles
70 Cooper Creek median (Will be combined in 1 or 2 years with US380 after TXDOT finishes current project) -Just north of 380/University 24 Cycles
71 Cooper Creek median (Will be combined in 1 or 2 years with US380 after TXDOT finishes current project) -Just north of 380/University 24 Cycles
72 Sequoia Park - 1404 E. University 24 Cycles
73 Redwood Island -Intersection of Redwood Place 24 Cycles
74 Stuart Rd (south of Loop 288 wall)24 Cycles
75 US380 (from Bell St to eastern City limits)24 Cycles
76 US380 (from Bell St to eastern City limits) - Litter 4 Cycles
77 FM2164 / Locust St -Elm / Locust split to Loop 288 24 Cycles
78 FM2164 / Locust St - Litter 4 Cycles
79 Quakertown Park - 700 Oakland -Includes Old County Tax lot, Oakland St., Bell/Mingo medians, center parking island between City Hall and Post Office, and drainage channel behind
City Hall extending to Bell St 52 Cycles
80 Denton Service Center - 901 B. Texas St. -Also includes N Ruddell St (0.13ac)25 Cycles
81 Mingo Road - McKinney / Bell to Cooper Creek -Currently a TXDOT construction contractor is responsible for maintenance from Loop 288 east to Fishtrap Road 24 Cycles
82 Mingo Road - Track side -dcta flagger required during work 5 Cycles
83 Mingo Road - Litter 12 Cycles
84 Kings Row and Calvert 24 Cycles
85 909 N Loop 288 24 Cycles
86 City Hall East - 215 E. McKinney 36 Cycles
Item #
1
2
3
4
5
6
Exhibit 2
RFP 7788 - PARD Mowing Services - Section B
Respondent's Business Name:
SECTION B - NORTHEAST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
Principal Place of Business (City and State):
Personnel (10 Points)
Total Score:
Evaluation
Total:
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
Equipment (10 Points)
Scoring Criteria
Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
$175.00 $6,300.00 No bid $6,660.00 $125.00 $4,500.00 $118.91 $4,280.76
$40.00 $1,920.00 No bid $24,000.00 $250.00 $12,000.00 $315.00 $15,120.00
$185.00 $5,920.00 No bid $6,526.72 $175.00 $5,600.00 $203.96 $6,526.72
$20.00 $960.00 No bid $4,800.00 $70.00 $3,360.00 $25.00 $1,200.00
$195.00 $6,240.00 No bid $9,056.64 $200.00 $6,400.00 $229.16 $7,333.12
$25.00 $1,200.00 No bid $5,121.12 $75.00 $3,600.00 $25.00 $1,200.00
$500.00 $16,000.00 $465.00 $14,880.00 $365.00 $11,680.00 $637.08 $20,386.56
$34.00 $1,632.00 $205.00 $9,840.00 $500.00 $24,000.00 $35.44 $1,701.12
$105.00 $2,520.00 $110.00 $2,640.00 $250.00 $6,000.00 $130.31 $3,127.44
$33.00 $792.00 $85.00 $2,040.00 $125.00 $3,000.00 $37.80 $907.20
$630.00 $15,120.00 $745.00 $17,880.00 $455.00 $10,920.00 $566.43 $13,594.32
$21.00 $504.00 $55.00 $1,320.00 $45.00 $1,080.00 $25.20 $604.80
$465.00 $11,160.00 $475.00 $11,400.00 $420.00 $10,080.00 $507.93 $12,190.32
$460.00 $11,040.00 $395.00 $9,480.00 $360.00 $8,640.00 $414.56 $9,949.44
$1,060.00 $25,440.00 $1,150.00 $27,600.00 $720.00 $17,280.00 $959.05 $23,017.20
$145.00 $580.00 $1,125.00 $4,500.00 $250.00 $1,000.00 $559.45 $2,237.80
$11.00 $264.00 $48.00 $1,152.00 $45.00 $1,080.00 $25.00 $600.00
$10.00 $240.00 $45.00 $1,080.00 $45.00 $1,080.00 $25.00 $600.00
$2,850.00 $68,400.00 $2,600.00 $62,400.00 $2,175.00 $52,200.00 $2,087.89 $50,109.36
$10.00 $240.00 $50.00 $1,200.00 $250.00 $6,000.00 $25.00 $600.00
$10.00 $240.00 $50.00 $1,200.00 $250.00 $6,000.00 $25.00 $600.00
$335.00 $8,040.00 $245.00 $5,880.00 $250.00 $6,000.00 $417.37 $10,016.88
$24.00 $576.00 $53.00 $1,272.00 $45.00 $1,080.00 $29.14 $699.36
$24.00 $576.00 $65.00 $1,560.00 $90.00 $2,160.00 $26.77 $642.48
$2,725.00 $65,400.00 No bid $78,120.00 $2,015.00 $48,360.00 $2,097.62 $50,342.88
$515.00 $2,060.00 No bid $7,166.72 $540.00 $2,160.00 $1,017.17 $4,068.68
$500.00 $12,000.00 $475.00 $11,400.00 $595.00 $14,280.00 $393.74 $9,449.76
$110.00 $440.00 $138.00 $552.00 $400.00 $1,600.00 $229.68 $918.72
$1,210.00 $62,920.00 $1,045.00 $54,340.00 $1,080.00 $56,160.00 $1,262.96 $65,673.92
$185.00 $4,625.00 $192.00 $4,800.00 $300.00 $7,500.00 $231.52 $5,788.00
$2,405.00 $57,720.00 No bid $84,840.00 $2,175.00 $52,200.00 $1,892.79 $45,426.96
$370.00 $1,850.00 $365.00 $1,825.00 $390.00 $1,950.00 $354.37 $1,771.85
$535.00 $6,420.00 $85.00 $1,020.00 $400.00 $4,800.00 $1,104.13 $13,249.56
$360.00 $8,640.00 $475.00 $11,400.00 $330.00 $7,920.00 $282.92 $6,790.08
$175.00 $4,200.00 $265.00 $6,360.00 $215.00 $5,160.00 $321.29 $7,710.96
$130.00 $4,680.00 $163.00 $5,868.00 $200.00 $7,200.00 $177.94 $6,405.84
No Bid No Bid
23.09 0.00 0.0019.21 23.78
3.50
6.25
19.50
0.00 0.008.00 1.507.75
4.25 0.00 0.004.25 2.75
0.00 0.00
6.00 1.25
62.96 36.53
Freedom
Services
Hoot's Lawn
Care, LLC
0.00 0.00
0.00 0.00
0.00 0.0019.50 6.0016.50
23.25
6.00 1.255.006.25
5.006.25
Exhibit 2
RFP 7788 - PARD Mowing Services - Section B
M.E.T. Lawn CareFirehouse22Southlake Landscape &
Maintenance Inc.Yellowstone Landscape Freedom
Services
Hoot's Lawn
Care, LLC
Burleson, TX
No Bid
SECTION B - NORTHEAST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
No Bid
Denton, TXLewisville, TX Dallas, TX Denton, TXDenton, TX
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid$416,859.00 $501,180.20 $414,030.00 $404,842.09
No Bid
No Bid
No Bid
No Bid
Evaluation
Southlake Landscape &
Maintenance Inc.Firehouse22 M.E.T. Lawn Care Yellowstone Landscape
61.7564.84
Line #Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended
436
437 FT. WORTH DRIVE (4777SQFT) at I-35 MIXED PERENNIAL BEDS WITH TREES 1 CYCLE $300.00 $300.00 $300.00 $300.00 $143.00 $143.00 $1,819.41 $385.00 $385.00 $1,819.41 $1,819.41 $289.35 $289.35
438 FT. WORTH DRIVE (4777SQFT) at Racetrac MIXED PERENNIAL BEDS WITH TREES 1 CYCLE $300.00 $300.00 $300.00 $300.00 $143.00 $143.00 $165.00 $165.00 $385.00 $385.00 $312.19 $312.19 $289.35 $289.35
439 FT. WORTH DRIVE (4777SQFT) at Prestige Motors MIXED PERENNIAL BEDS WITH TREES 1 CYCLE $300.00 $300.00 $300.00 $300.00 $143.00 $143.00 $165.00 $165.00 $385.00 $385.00 $1,438.45 $1,438.45 $289.35 $289.35
440 FT. WORTH DRIVE (4777SQFT) at Collins MIXED PERENNIAL BEDS 1 CYCLE $300.00 $300.00 $300.00 $300.00 $143.00 $143.00 $165.00 $165.00 $385.00 $385.00 $252.91 $252.91 $289.35 $289.35
441 Dallas Drive (9464sqft) at Rio Grande Mixed Perennial Bed with Trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $381.00 $381.00 $440.00 $440.00 $770.00 $770.00 $2,843.71 $2,843.71 $771.59 $771.59
442 Dallas Drive (9464sqft) at Hopkins Mixed Perennial Bed with Trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $381.00 $381.00 $440.00 $440.00 $770.00 $770.00 $1,653.43 $1,653.43 $771.59 $771.59
443 Dallas Drive (9464sqft) at Piping Rock Mixed Perennial Bed with Trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $381.00 $381.00 $440.00 $440.00 $770.00 $770.00 $1,720.61 $1,720.61 $771.59 $771.59
444 Teasley Lane (38,940sqft) at Dallas Drive Mixed Perennial Bed with Trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $1,393.40 $1,393.40 $789.13 $789.13
445 Teasley Lane (38,940sqft) at KFC Mixed Perennial Bed with Trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $1,943.49 $1,943.49 $789.13 $789.13
446 Teasley Lane (38,940sqft) at I-35 North Mixed Perennial Bed with Trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $436.28 $436.28 $789.13 $789.13
447 Teasley Lane (38,940sqft) at I-35 South Mixed Perennial Bed with Trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $1,452.68 $1,452.68 $789.13 $789.13
448 Teasley Lane (38,940sqft) at Londonderry Mixed Perennial Bed with Trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $1,480.34 $1,480.34 $789.13 $789.13
449 Teasley Lane (38,940sqft) at Savannah Trail 3 mixed perennial bed with trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $6,658.77 $6,658.77 $789.13 $789.13
450 Teasley Lane (38,940sqft) at Longridge Drive 2 mixed perennial bed with trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $3,419.88 $3,419.88 $789.31 $789.31
451 Teasley Lane (38,940sqft) at Sandpiper Drive 3 mixed perennial bed with trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $3,894.10 $3,894.10 $789.13 $789.13
452 Teasley Lane (38,940sqft) at Hobson North Mixed perennial bed with trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $1,002.17 $1,002.17 $789.13 $789.13
453 Teasley Lane (38,940sqft) at Hobson South Mixed perennial bed with trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $1,615.49 $1,615.49 $789.13 $789.13
454 Teasley Lane (38,940sqft) at Pennsylvania Drive Mixed perennial bed with trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $663.11 $663.11 $789.13 $789.13
455 Teasley Lane (38,940sqft) at Sam Houston Elementary School 2 mixed perennial bed with trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $389.00 $389.00 $450.00 $450.00 $3,150.00 $3,150.00 $1,474.81 $1,474.81 $789.13 $789.13
456 N Elm / Hwy 77 (23, 380sqft) at I-35 ROW 2 beds with 6 trees on ROW 1 CYCLE $300.00 $300.00 $300.00 $300.00 $467.00 $467.00 $540.00 $540.00 $1,890.00 $1,890.00 $2,322.86 $2,322.86 $946.96 $946.96
457 N Elm / Hwy 77 (23, 380sqft) at I-35 on median 1 bed with carpet roses and Miscanthuse 1 CYCLE $300.00 $300.00 $300.00 $300.00 $467.00 $467.00 $540.00 $540.00 $1,890.00 $1,890.00 $1,564.91 $1,564.91 $946.96 $946.96
458 N Elm / Hwy 77 (23, 380sqft) Between I-35 and Loop 288 2 beds with Muhly and trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $467.00 $467.00 $540.00 $540.00 $1,890.00 $1,890.00 $4,950.02 $4,950.02 $946.96 $946.96
459 N Elm / Hwy 77 (23, 380sqft) at Loop 288 2 beds with Miscanthus and trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $467.00 $467.00 $540.00 $540.00 $1,890.00 $1,890.00 $3,932.82 $3,932.82 $946.96 $946.96
460 N Elm / Hwy 77 (23, 380sqft) at UNT Discovery Park 1 bed with Muhly and trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $467.00 $467.00 $540.00 $540.00 $1,890.00 $1,890.00 $3,197.00 $3,197.00 $946.96 $946.96
461 N Elm/Hwy 77 (23, 380sqft) at Windsor 2 beds with Liriope and Crapes (trim seed tops off of Liriope)1 CYCLE $300.00 $300.00 $300.00 $300.00 $467.00 $467.00 $540.00 $540.00 $1,890.00 $1,890.00 $2,475.40 $2,475.40 $946.96 $946.96
462 University / Hwy 380 (8277sqft) at Frame St 1 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $200.00 $200.00 $228.00 $228.00 $665.00 $665.00 $825.13 $825.13 $399.83 $399.83
463 University / Hwy 380 (8277sqft) at Kayewood 2 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $200.00 $200.00 $228.00 $228.00 $665.00 $665.00 $1,662.91 $1,662.91 $399.83 $399.83
464 University / Hwy 380 (8277sqft) at Shawnee 3 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $200.00 $200.00 $228.00 $228.00 $665.00 $665.00 $1,724.56 $1,724.56 $399.83 $399.83
465 University / Hwy 380 (8277sqft) at Nottingham 4 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00 $300.00 $400.00 $400.00 $200.00 $200.00 $228.00 $228.00 $665.00 $665.00 $2,639.80 $2,639.80 $399.83 $399.83
466 University / Hwy 380 (8277sqft) at Loop 288 5 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00 $300.00 $500.00 $500.00 $200.00 $200.00 $228.00 $228.00 $665.00 $665.00 $778.50 $778.50 $399.83 $399.83
467 Loop 288 (9932sqft) at Morse St 1 bed with Miscanthus 1 CYCLE $300.00 $300.00 $300.00 $300.00 $230.00 $230.00 $264.00 $264.00 $770.00 $770.00 $538.23 $538.23 $462.96 $462.96
468 Loop 288 (9932sqft) at Karina 1 bed with Miscanthus 1 CYCLE $300.00 $300.00 $300.00 $300.00 $230.00 $230.00 $264.00 $264.00 $770.00 $770.00 $512.15 $512.15 $462.96 $462.96
469 Loop 288 (9932sqft) at Lowes 2 beds with Salvia and Muhly 1 CYCLE $300.00 $300.00 $300.00 $300.00 $230.00 $230.00 $264.00 $264.00 $770.00 $770.00 $2,073.11 $2,073.11 $462.96 $462.96
470 Loop 288 (9932sqft) at Brinker 1 bed with Knowck Out roses and Liriope 1 CYCLE $300.00 $300.00 $300.00 $300.00 $230.00 $230.00 $264.00 $264.00 $770.00 $770.00 $268.72 $268.72 $462.96 $462.96
471 Loop 288 (9932sqft) at DCTA 2 beds with Germander, Liriope, Muhly, Miscanthus, and trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $230.00 $230.00 $264.00 $264.00 $770.00 $770.00 $4,220.51 $4,220.51 $462.96 $462.96
472 Heritage Trail Parkway (3036sqft) 10 mixes perennial beds with trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $363.00 $363.00 $420.00 $420.00 $245.00 $245.00 $2,399.53 $2,399.53 $736.52 $736.52
473 Panhandle (974sqft) 2 mixed perennial beds with trees 1 CYCLE $300.00 $300.00 $300.00 $300.00 $250.00 $250.00 $120.00 $120.00 $70.00 $70.00 $769.81 $769.81 $210.43 $210.43
474 Hickory Street (8468sqft) 34 mixed perennial beds, 46 sidewalk trees 1 CYCLE $550.00 $550.00 $1,500.00 $1,500.00 $985.00 $985.00 $1,140.00 $1,140.00 $665.00 $665.00 $6,692.76 $6,692.76 $1,999.13 $1,999.13
475 Vela Athletic Complex (8468sqft) Muhly grass around parking lot 1 CYCLE $300.00 $300.00 $300.00 $300.00 $985.00 $985.00 $1,140.00 $1,140.00 $665.00 $665.00 $6,692.76 $6,692.76 $1,999.13 $1,999.13
Item #
1
2
3
4
5
6
No Bid
Natures Greenery Hoot's Lawn Care,
LLC M.E.T. Lawn Care Incircle Management
Inc
Southlake Landscape
& Maintenance Inc.
Brightview
Landscaping
Yellowstone
Landscape
D&D Commercial
Landscape
Management
Freedom
Services
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
No Bid No Bid
SECTION H - LANDSCAPE MAINTENANCE
$11,950.00 $13,200.00 $13,918.00 $17,554.41 $61,810.00 $85,716.72 $27,882.83 No Bid No Bid
No Bid
No Bid No Bid
M.E.T. Lawn Care
Principal Place of Business (City and State):Denton, TXDallas, TXHaltom City, TX Lewisville, TX Prosper, TXWestlake, TXBurleson, TX Dallas, TXDenton, TX
Incircle Management
Inc
Hoot's Lawn Care,
LLC
Yellowstone
Landscape
Equipment (10 Points)
Personnel (10 Points)
Total Score:
Evaluation
Total:
Scoring Criteria
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
7.00
71.16 25.6167.51 59.6789.00 50.30 50.18
1.256.00 6.257.50 6.50
8.25
8.25 1.257.25 6.757.50 7.00 6.25
1.507.75 7.7511.25 8.00
2.754.25 3.504.25 3.50 0.00
0.00
0.00
0.00
0.00
0.00
0.00
27.16
15.00
3.50
10.25
7.00
0.00
0.00
0.00
0.00
0.00
0.006.0016.50 15.0028.50 19.50 21.00
0.0020.4230.00 5.80 4.18
3.50
12.8625.76
No Bid
Exhibit 2
RFP 7788 - PARD Mowing Services - Section H
Respondent's Business Name:
Freedom
Services
D&D Commercial
Landscape
Management
Natures Greenery Southlake Landscape
& Maintenance Inc.
Brightview
Landscaping
No Bid
Line #Description QTY UOM
436
437 FT. WORTH DRIVE (4777SQFT) at I-35 MIXED PERENNIAL BEDS WITH TREES 1 CYCLE
438 FT. WORTH DRIVE (4777SQFT) at Racetrac MIXED PERENNIAL BEDS WITH TREES 1 CYCLE
439 FT. WORTH DRIVE (4777SQFT) at Prestige Motors MIXED PERENNIAL BEDS WITH TREES 1 CYCLE
440 FT. WORTH DRIVE (4777SQFT) at Collins MIXED PERENNIAL BEDS 1 CYCLE
441 Dallas Drive (9464sqft) at Rio Grande Mixed Perennial Bed with Trees 1 CYCLE
442 Dallas Drive (9464sqft) at Hopkins Mixed Perennial Bed with Trees 1 CYCLE
443 Dallas Drive (9464sqft) at Piping Rock Mixed Perennial Bed with Trees 1 CYCLE
444 Teasley Lane (38,940sqft) at Dallas Drive Mixed Perennial Bed with Trees 1 CYCLE
445 Teasley Lane (38,940sqft) at KFC Mixed Perennial Bed with Trees 1 CYCLE
446 Teasley Lane (38,940sqft) at I-35 North Mixed Perennial Bed with Trees 1 CYCLE
447 Teasley Lane (38,940sqft) at I-35 South Mixed Perennial Bed with Trees 1 CYCLE
448 Teasley Lane (38,940sqft) at Londonderry Mixed Perennial Bed with Trees 1 CYCLE
449 Teasley Lane (38,940sqft) at Savannah Trail 3 mixed perennial bed with trees 1 CYCLE
450 Teasley Lane (38,940sqft) at Longridge Drive 2 mixed perennial bed with trees 1 CYCLE
451 Teasley Lane (38,940sqft) at Sandpiper Drive 3 mixed perennial bed with trees 1 CYCLE
452 Teasley Lane (38,940sqft) at Hobson North Mixed perennial bed with trees 1 CYCLE
453 Teasley Lane (38,940sqft) at Hobson South Mixed perennial bed with trees 1 CYCLE
454 Teasley Lane (38,940sqft) at Pennsylvania Drive Mixed perennial bed with trees 1 CYCLE
455 Teasley Lane (38,940sqft) at Sam Houston Elementary School 2 mixed perennial bed with trees 1 CYCLE
456 N Elm / Hwy 77 (23, 380sqft) at I-35 ROW 2 beds with 6 trees on ROW 1 CYCLE
457 N Elm / Hwy 77 (23, 380sqft) at I-35 on median 1 bed with carpet roses and Miscanthuse 1 CYCLE
458 N Elm / Hwy 77 (23, 380sqft) Between I-35 and Loop 288 2 beds with Muhly and trees 1 CYCLE
459 N Elm / Hwy 77 (23, 380sqft) at Loop 288 2 beds with Miscanthus and trees 1 CYCLE
460 N Elm / Hwy 77 (23, 380sqft) at UNT Discovery Park 1 bed with Muhly and trees 1 CYCLE
461 N Elm/Hwy 77 (23, 380sqft) at Windsor 2 beds with Liriope and Crapes (trim seed tops off of Liriope)1 CYCLE
462 University / Hwy 380 (8277sqft) at Frame St 1 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE
463 University / Hwy 380 (8277sqft) at Kayewood 2 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE
464 University / Hwy 380 (8277sqft) at Shawnee 3 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE
465 University / Hwy 380 (8277sqft) at Nottingham 4 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE
466 University / Hwy 380 (8277sqft) at Loop 288 5 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE
467 Loop 288 (9932sqft) at Morse St 1 bed with Miscanthus 1 CYCLE
468 Loop 288 (9932sqft) at Karina 1 bed with Miscanthus 1 CYCLE
469 Loop 288 (9932sqft) at Lowes 2 beds with Salvia and Muhly 1 CYCLE
470 Loop 288 (9932sqft) at Brinker 1 bed with Knowck Out roses and Liriope 1 CYCLE
471 Loop 288 (9932sqft) at DCTA 2 beds with Germander, Liriope, Muhly, Miscanthus, and trees 1 CYCLE
472 Heritage Trail Parkway (3036sqft) 10 mixes perennial beds with trees 1 CYCLE
473 Panhandle (974sqft) 2 mixed perennial beds with trees 1 CYCLE
474 Hickory Street (8468sqft) 34 mixed perennial beds, 46 sidewalk trees 1 CYCLE
475 Vela Athletic Complex (8468sqft) Muhly grass around parking lot 1 CYCLE
Item #
1
2
3
4
5
6
SECTION H - LANDSCAPE MAINTENANCE
Principal Place of Business (City and State):
Equipment (10 Points)
Personnel (10 Points)
Total Score:
Evaluation
Total:
Scoring Criteria
Price (30 Points)
Probable Performance (30 Points)
Safety (5 Points)
Availability of Vendor (15 Points)
Exhibit 2
RFP 7788 - PARD Mowing Services - Section H
Respondent's Business Name:
Unit Extended Unit Extended
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
No Bid
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
SECTION H - LANDSCAPE MAINTENANCE
No Bid $0.00
No Bid
Denton, TX Denton, TX
Classic Landscapes and
Maintenance (Custom
Landscapes Inc)
Firehouse22
Evaluation
Firehouse22
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Exhibit 2
RFP 7788 - PARD Mowing Services - Section H
No Bid
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
NATURES GREENERY, INC., FOR MOWING AND MAINTENANCE SERVICES FOR THE
PARKS AND RECREATION AND FIRE DEPARTMENTS, SECTION A NORTHWEST
PUBLIC BUILDINGS, PARKS, TRAILS, AND MEDIANS, SECTION B NORTHEAST
PUBLIC BUILDINGS, PARKS, TRAILS, AND MEDIANS, AND SECTION H LANDSCAPE
MAINTENANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFP 7788 AWARDED TO NATURES GREENERY,
INC., FOR ONE (1) YEAR, WITH THE OPTION FOR FOUR (4) ADDITIONAL ONE (1) YEAR
EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT-TO-EXCEED AMOUNT OF
$6,334,436.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for
mowing and maintenance services; and
WHEREAS, the City Manager, or a designated employee, has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies,
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
7788-Sec. A, B, H Natures Greenery, Inc. $6,334,436.00
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposals, the City Manager, or their designated
representative, is hereby authorized to execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities, and specified sums contained in the Proposal and related documents herein
approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _________________________________
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 740408E2-10FA-4E82-A2B3-5E4B4F6A07E3
Erica Garcia
7788
Yes
RFP
PARD Mowing Services
Contract # 7788
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND NATURES GREENERY INC
(CONTRACT 7788)
THIS CONTRACT is made and entered into this date ______________________, by
and between Natures Greenery Inc. a Texas corporation, whose address is 6021 Western Creek
Lane, Haltom City, TX 76137, hereinafter referred to as "Contractor," 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
Contractor shall provide products and/or services in accordance with the City’s document
RFP 7788 – PARD Mowing Services, 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 and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s RFP 7788 (Exhibit “B” on File at the Office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Insurance Requirements (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit "E");
(f) Contractor’s Proposal (Exhibit "F");
(g) Form CIQ – Conflict of Interest Questionnaire (Exhibit "G");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
DocuSign Envelope ID: 740408E2-10FA-4E82-A2B3-5E4B4F6A07E3
Contract # 7788
Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor, pursuant to
Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive
payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization.
Failure to meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
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Johnny Sliva
817-313-5586
Johnny Sliva Owner
naturesgreenery@yahoo.com
Naturesgreenery@yahoo.com
Parks and Recreation
Gary Packan
Director of Parks and Recreation
Contract # 7788
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The total contract for Section A,B & H of RFP 7788, which Section A,B & H only is awarded by
this Contract for the supply of Section A – Northwest, Section B – Northeast & Section H –
Landscape Maintenance, shall not exceed $6,334,436. Pricing shall be per Exhibit F attached.
2. The Quantities
The quantities indicated on Exhibit F 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.
3. Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional four (4) one-year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall
automatically renew each year, from the date of award by City Council. The Supplier’s request to
not renew the contract must be submitted in writing to the Purchasing Manager at least 60 days prior
to the contract renewal date for each year. 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
4. Price Escalation and De-escalation
On Supplier’s request in the form stated herein, the City will implement an escalation/de-
escalation price adjustment annually based on these special terms. Any request for price
adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics, Producer
Price Index (PPI) or the manufacturer published pricing list. The maximum escalation will not
exceed +/- 8% for any individual year. The escalation will be determined annually at the
renewal date. The price will be increased or decreased based upon the annual percentage change
in the PPI or the percentage change in the manufacturer’s price list. Should the PPI or
manufacturer price list change exceed a minimum threshold value of +/-1%, then the stated
eligible bid prices shall be adjusted in accordance with the percent change not to exceed the 8%
limit per year. The supplier should provide documentation as percentage of each cost associated
with the unit prices quoted for consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request. If no request is made, then
it will be assumed that the current contract price will be in effect.
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Upon receipt of such request, the City of Denton reserves the right to either: 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 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.
5. Performance Liquidated Damages
The Contractor shall incur contractual payment losses, as initiated by the City for performance that
falls short of specified performance standards as outlined below:
Delivery beyond contracted lead times
Performance below contracted levels (services only)
The Contractor shall be assessed a one (1%) percent fee each month when any one of the
performance standards outlined above are not met in full. The Contractor shall be assessed a two
(2%) percent profit fee each month when any two (2) or more performance standards outlined
above are not met in full. At the end of each month, the City will review the monthly reports and
determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin.
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Exhibit C
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton’s contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City’s Procurement Department and the
Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City’s premises or on public rights-of-way.
1. CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
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shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the City
has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the
deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non-complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City’s service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor’s obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City’s facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
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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.
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
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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
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
negotiated.
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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
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
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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.
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
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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
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
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services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
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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,
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
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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
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
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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 effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
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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
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
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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
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
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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
solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article
XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including
dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the
Contractor shall render the Contract voidable by the City. The Contractor shall complete and
submit the City’s Conflict of Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker’s compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of the board of director’s resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely impact future invoice
payments.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
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the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision-making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator’s fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
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refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
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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
respondent.
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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 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
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Contract # 7788
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
DocuSign Envelope ID: 740408E2-10FA-4E82-A2B3-5E4B4F6A07E3
Contract # 7788
Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
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Contract # 7788
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
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Contract # 7788
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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Contract # 7788
ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
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project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
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b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
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Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
DocuSign Envelope ID: 740408E2-10FA-4E82-A2B3-5E4B4F6A07E3
RFP 7788 Natures Greenery
Exhibit F
Line #Description QTY UOM Unit
1 SECTION A ‐ NORTHWEST PUBLIC BUILDINGS, PARKS, TRAILS MEDIANS
2
Roland G Vela Soccer Complex ‐All common areas (everything outside of field fences); Riney Road frontage
mowing to extend south on Hwy 77 to entry into Animal Adoption then continue mowing 10' along shared
drive to the bridge 36 Cycles $1,875.00
3 Development Services Center ‐ Bed Maintenance 52 Cycles $50.00
4 Old City Hall West 36 Cycles $40.00
5
Linda McNatt Animal Adoption Center ‐ 3717 N. Elm St. ‐Two fenced‐in artificial turf areas will need to be
maintained each visit. This is to include weedeating in the artificial turf. Access to fenced areas will be given
each time by an Adoption Center staff member 36 Cycles $160.00
6 Fire Station 3 new in 2021 ‐ 1401 Underwood 32 Cycles $65.00
7 Fire Station 3 Landscape ‐ 1401 Underwood 48 Cycles $50.00
8 Fire Station 5 ‐ 2230 W. Windsor 36 Cycles $75.00
9 Fire Station 5 ‐ Landscape 2230 W. Windsor 48 Cycles $50.00
10 Evers Park ‐ 3201 N. Locust ‐This location combines the Boy Scout area (4.12 acres) on south side of Windsor
with Evers Park 36 Cycles $990.00
11 North Lakes Common ‐ 2001 W. Windsor 36 Cycles $2,470.00
12 North Lakes Common ‐ Rec Center, 2.33ac 36 Cycles $140.00
13 North Lakes Common ‐ Goldfield Tennis Center ‐ 2005 W. Windsor, 2ac 36 Cycles $120.00
14 North Lakes Common‐ Golf Driving Range ‐ 2005 W. Windsor 36 Cycles $80.00
15 North Lakes Common ‐ Annex ‐ 1.1ac ‐This will be the future tennis center, maintained acreage will be
reduced. NOT to be confused with Goldfield Tennis Center 24 Cycles $70.00
16 North Lakes Common ‐ ROW 24 Cycles $440.00
17 North Lakes Common ‐ Rugby Field 24 Cycles $370.00
18 North Lakes Common ‐ Evers Trail Portion 24 Cycles $400.00
19 North Lakes Common ‐ Disc Golf ‐ 2201 N. Bonnie Brae St 24 Cycles $274.00
20 North Lakes Common ‐ Playground area 24 Cycles $715.00
21 North Lakes Common ‐ Soccer Entrance, 1.1ac 24 Cycles $70.00
22 North Lakes Dog Park ‐ 808 W. Windsor ‐To include adjoining portion of Evers Trail ‐‐HAS to be mowed on
Thursdays‐‐36 Cycles $350.00
23 US380 ‐ Locust St to median after HWY156 ‐Cindy Lane maintenance to be included. Guardrails and drainage
culverts to be maintained to State of Texas spec's.24 Cycles $2,700.00
24 US380 ‐ Additional litter control on medians 12 Cycles $250.00
25 Bowling Green Park ‐ 2200 Bowling Green 24 Cycles $690.00
26 North Point Park ‐ 1400 Hercules Ln ‐Maintenance to include both sides of Hercules Lane. Maintenance to
also include the adjoining portion of Evers Trail (.18ac)24 Cycles $510.00
27 N Elm St / US 77 ‐ from Elm/N Locust split to I‐35 24 Cycles $1,600.00
28 N Elm St / US 77 ‐ medians 24 Cycles $825.00
29 N Elm St / US 77 ‐ ROW from N Locust to Loop 288 24 Cycles $540.00
30 N Elm St / US 77 ‐ Windsor Dr.24 Cycles $40.00
31 N Elm St / US 77 ‐ North Carroll Blvd.24 Cycles $40.00
32 N Elm St / US 77 ‐ ROW from Loop 288 to I‐35 24 Cycles $200.00
33 N Elm St / US 77 ‐ Litter 3 Cycles $275.00
34 N Elm St / Riney Road 24 Cycles $1,150.00
35 Windsor Dr. DO NOT MOW WILDFLOWERS ‐West of Bonnie Brae, between Westgate and Clarendon Dr;
mow from curb to tree line on north side of Windsor 24 Cycles $50.00
36 Malone Tulane Medians 24 Cycles $40.00
37 Carroll Blvd / Ft. Worth Dr ‐Area to be maintained is between I‐35 and Sherman Dr. Litter control to run mid‐
Dec through mid‐March 24 Cycles $300.00
38 Carroll Blvd / Ft. Worth Dr ‐ Litter and Debris Removal ‐Area to be maintained is between I‐35 and Sherman
Dr. Litter control to run mid‐Dec through mid‐March 12 Cycles $100.00
39 Emery St. ‐Maintain at dead end of Emery at Coit 24 Cycles $40.00
40 Cordell St. ‐Maintain at dead end of Cordell at Coit 24 Cycles $40.00
41 Alice St Denton St Drainage ‐ 704 Alice 24 Cycles $65.00
42 Jagoe St and Scripture St. Median 24 Cycles $40.00
43 Eagle Dr Elm St.24 Cycles $40.00
44 McKenna Park ‐ 700 N. Bonnie Brae ‐Warning: Steep slopes on Bonnie Brae side 24 Cycles $900.00
45 Oak St. Medians 24 Cycles $40.00
46 Westgate Dr 24 Cycles $100.00
47 Rayzor Ranch Park 36 Cycles $700.00
48 Rayzor Ranch Park ‐ Bed Maintenance 48 Cycles $200.00
49 Scripture Roundabout 24 Cycles $65.00
50 SECTION B ‐ NORTHEAST PUBLIC BUILDINGS, PARKS, TRAILS AND MEDIANS
51 North Branch Library ‐ 3020 N. Locust St.36 Cycles $75.00
52 North Branch Library Landscape Beds ‐ 3020 N. Locust St.48 Cycles $75.00
53 Fire Station 2 ‐ 110 Mockingbird Ln 32 Cycles $155.00
54 Fire Station 2 Landscape Maintenance 110 Mockingbird Ln 48 Cycles $50.00
55 Fire Station 4 ‐ 2116 E. Sherman Dr.32 Cycles $175.00
56 Fire Station 4 Landscape Beds ‐ 2116 E. Sherman Dr.48 Cycles $50.00
57 Water Works Park and Skate Park ‐ 2400 Long Rd ‐Water Works Park is 7.88ac, Skate Park is .21ac 32 Cycles $750.00
58 Water Works Park and Skate Park Landscape ‐ 2400 Long Rd 48 Cycles $100.00
59 Hercules Lane ‐ medians and right of way between Locust and Sherman ‐To include medians and ROW
between Locust and Sherman and entry median on Meadow Lane Place 24 Cycles $95.00
60 Redstone Rd (inside wall along 288)24 Cycles $40.00
61 Cooper Glenn / Monterey Trail 24 Cycles $500.00
DocuSign Envelope ID: 740408E2-10FA-4E82-A2B3-5E4B4F6A07E3
Line #Description QTY UOM Unit
62 Carter Park 24 Cycles $60.00
63 Sherman Drive and medians at N Locust, Woodland St.,Stuart, and Windsor Road 24 Cycles $390.00
64 Nette Shultz Park ‐ 1517 Mistywood 24 Cycles $445.00
65 Avondale Park ‐ 2021 Devonshire 24 Cycles $1,025.00
66 Avondale Park ‐ 2021 Devonshire ‐ Litter 4 Cycles $250.00
67 Emerson Ln Woodhaven St 24 Cycles $40.00
68 Churchill Circle ‐Medians/islands are off of Windsor and Churchill Dr 24 Cycles $40.00
69 US380 East (Locust east to Loop 288) ‐verify sqft ‐Currently a TXDOT construction contractor is responsible
for maintenance from Loop 288 east to Fishtrap Road 24 Cycles $2,700.00
70 Cooper Creek median (Will be combined in 1 or 2 years with US380 after TXDOT finishes current project) ‐
Just north of 380/University 24 Cycles $25.00
71 Cooper Creek median (Will be combined in 1 or 2 years with US380 after TXDOT finishes current project) ‐
Just north of 380/University 24 Cycles $25.00
72 Sequoia Park ‐ 1404 E. University 24 Cycles $320.00
73 Redwood Island ‐Intersection of Redwood Place 24 Cycles $40.00
74 Stuart Rd (south of Loop 288 wall)24 Cycles $40.00
75 US380 (from Bell St to eastern City limits)24 Cycles $1,900.00
76 US380 (from Bell St to eastern City limits) ‐ Litter 4 Cycles $250.00
77 FM2164 / Locust St ‐Elm / Locust split to Loop 288 24 Cycles $420.00
78 FM2164 / Locust St ‐ Litter 4 Cycles $250.00
79 Quakertown Park ‐ 700 Oakland ‐Includes Old County Tax lot, Oakland St., Bell/Mingo medians, center
parking island between City Hall and Post Office, and drainage channel behind City Hall extending to Bell St 52 Cycles $1,400.00
80 Denton Service Center ‐ 901 B. Texas St. ‐Also includes N Ruddell St (0.13ac)25 Cycles $180.00
81 Mingo Road ‐ McKinney / Bell to Cooper Creek ‐Currently a TXDOT construction contractor is responsible for
maintenance from Loop 288 east to Fishtrap Road 24 Cycles $2,525.00
82 Mingo Road ‐ Track side ‐dcta flagger required during work 5 Cycles $338.00
83 Mingo Road ‐ Litter 12 Cycles $300.00
84 Kings Row and Calvert 24 Cycles $300.00
85 909 N Loop 288 24 Cycles $200.00
86 City Hall East ‐ 215 E. McKinney 36 Cycles $150.00
436 SECTION H ‐ LANDSCAPE MAINTENANCE
437 FT. WORTH DRIVE (4777SQFT) at I‐35 MIXED PERENNIAL BEDS WITH TREES 1 CYCLE $300.00
438 FT. WORTH DRIVE (4777SQFT) at Racetrac MIXED PERENNIAL BEDS WITH TREES 1 CYCLE $300.00
439 FT. WORTH DRIVE (4777SQFT) at Prestige Motors MIXED PERENNIAL BEDS WITH TREES 1 CYCLE $300.00
440 FT. WORTH DRIVE (4777SQFT) at Collins MIXED PERENNIAL BEDS 1 CYCLE $300.00
441 Dallas Drive (9464sqft) at Rio Grande Mixed Perennial Bed with Trees 1 CYCLE $300.00
442 Dallas Drive (9464sqft) at Hopkins Mixed Perennial Bed with Trees 1 CYCLE $300.00
443 Dallas Drive (9464sqft) at Piping Rock Mixed Perennial Bed with Trees 1 CYCLE $300.00
444 Teasley Lane (38,940sqft) at Dallas Drive Mixed Perennial Bed with Trees 1 CYCLE $300.00
445 Teasley Lane (38,940sqft) at KFC Mixed Perennial Bed with Trees 1 CYCLE $300.00
446 Teasley Lane (38,940sqft) at I‐35 North Mixed Perennial Bed with Trees 1 CYCLE $300.00
447 Teasley Lane (38,940sqft) at I‐35 South Mixed Perennial Bed with Trees 1 CYCLE $300.00
448 Teasley Lane (38,940sqft) at Londonderry Mixed Perennial Bed with Trees 1 CYCLE $300.00
449 Teasley Lane (38,940sqft) at Savannah Trail 3 mixed perennial bed with trees 1 CYCLE $300.00
450 Teasley Lane (38,940sqft) at Longridge Drive 2 mixed perennial bed with trees 1 CYCLE $300.00
451 Teasley Lane (38,940sqft) at Sandpiper Drive 3 mixed perennial bed with trees 1 CYCLE $300.00
452 Teasley Lane (38,940sqft) at Hobson North Mixed perennial bed with trees 1 CYCLE $300.00
453 Teasley Lane (38,940sqft) at Hobson South Mixed perennial bed with trees 1 CYCLE $300.00
454 Teasley Lane (38,940sqft) at Pennsylvania Drive Mixed perennial bed with trees 1 CYCLE $300.00
455 Teasley Lane (38,940sqft) at Sam Houston Elementary School 2 mixed perennial bed with trees 1 CYCLE $300.00
456 N Elm / Hwy 77 (23, 380sqft) at I‐35 ROW 2 beds with 6 trees on ROW 1 CYCLE $300.00
457 N Elm / Hwy 77 (23, 380sqft) at I‐35 on median 1 bed with carpet roses and Miscanthuse 1 CYCLE $300.00
458 N Elm / Hwy 77 (23, 380sqft) Between I‐35 and Loop 288 2 beds with Muhly and trees 1 CYCLE $300.00
459 N Elm / Hwy 77 (23, 380sqft) at Loop 288 2 beds with Miscanthus and trees 1 CYCLE $300.00
460 N Elm / Hwy 77 (23, 380sqft) at UNT Discovery Park 1 bed with Muhly and trees 1 CYCLE $300.00
461 N Elm / Hwy 77 (23, 380sqft) at Windsor 2 beds with Liriope and Crapes (trim seed tops off of Liriope)1 CYCLE $300.00
462 University / Hwy 380 (8277sqft) at Frame St 1 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00
463 University / Hwy 380 (8277sqft) at Kayewood 2 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00
464 University / Hwy 380 (8277sqft) at Shawnee 3 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00
465 University / Hwy 380 (8277sqft) at Nottingham 4 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00
466 University / Hwy 380 (8277sqft) at Loop 288 5 bed with Salvia, Muhly, Miscanthus, and trees 1 CYCLE $300.00
467 Loop 288 (9932sqft) at Morse St 1 bed with Miscanthus 1 CYCLE $300.00
468 Loop 288 (9932sqft) at Karina 1 bed with Miscanthus 1 CYCLE $300.00
469 Loop 288 (9932sqft) at Lowes 2 beds with Salvia and Muhly 1 CYCLE $300.00
470 Loop 288 (9932sqft) at Brinker 1 bed with Knowck Out roses and Liriope 1 CYCLE $300.00
471 Loop 288 (9932sqft) at DCTA 2 beds with Germander, Liriope, Muhly, Miscanthus, and trees 1 CYCLE $300.00
472 Heritage Trail Parkway (3036sqft) 10 mixes perennial beds with trees 1 CYCLE $300.00
473 Panhandle (974sqft) 2 mixed perennial beds with trees 1 CYCLE $300.00
474 Hickory Street (8468sqft) 34 mixed perennial beds, 46 sidewalk trees 1 CYCLE $550.00
475 Vela Athletic Complex (8468sqft) Muhly grass around parking lot 1 CYCLE $300.00
476 MISCELLANEOUS
477 Please submit a separate sheet with any additional pricing you would like to submit with your proposal that
is not found in the line items above.
DocuSign Envelope ID: 740408E2-10FA-4E82-A2B3-5E4B4F6A07E3
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Exhibit
DocuSign Envelope ID: 740408E2-10FA-4E82-A2B3-5E4B4F6A07E3
Natures Greenery Inc.
G
12/14/2021
X
Landscape Maintenance / Mowing Services for city
properties
Johnny Sliva
X
X
Certificate Of Completion
Envelope Id: 740408E210FA4E82A2B35E4B4F6A07E3 Status: Sent
Subject: Please DocuSign: City Council Contract 7788 Natures Greenery
Source Envelope:
Document Pages: 35 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/13/2021 7:57:25 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
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Completed
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Marcella Lunn
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Catherine Clifton, Interim City Attorney
City of Denton
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Johnny Sliva
naturesgreenery@yahoo.com
Johnny Sliva Owner
Natures Greenery
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ID: ad476430-7374-496f-8c2b-3bdbcb96f20c
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Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
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Signed using mobile
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Cheyenne Defee
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Contract Administrator
City of Denton
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Sara Hensley
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
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Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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City Secretary Office
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Marshall McGee
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ID: 68609e18-6efb-4da3-8dfc-f1caf18e5574
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Johnny Sliva, Gary Packan, Rosa Rios, Marshall McGee
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-066,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a contract with Infra Construction,LLC,for the replacement of the Service Center
Complex fence for Facilities Management;providing for the expenditure of funds therefor;and providing an
effective date (RFP 7819 - awarded to Infra Construction, LLC, in the not-to-exceed amount of $677,856.00).
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with Infra Construction, LLC, for the replacement of
the Service Center Complex fence for Facilities Management; providing for the expenditure of funds
therefor; and providing an effective date (RFP 7819 – awarded to Infra Construction, LLC, in the not-to-
exceed amount of $677,856.00).
INFORMATION/BACKGROUND
The re-platting for the area surrounding the City’s Service Center Complex originated in February 2019
and was approved by the Planning & Zoning Commission in April 2019. The construction documents for
the Service Center renovation were submitted to Planning in March 2020, however, due to funding issues,
the project was placed on hold.
In March of 2021, Facilities Management received a directive, in response to citizen complaints, to enclose
the area and reduce the noise. Then, Teague Nall and Perkins (TNP) were contracted to provide a revised
conceptual parking study for the Service Center Complex including replacement of the fencing surrounding
the complex in May 2021.
The plan includes a portion of the existing fence in the amount of 3,300 linear feet of chain link fence will
be removed. The new fence will be 3,262 linear feet with the majority being a TREX composite wood fence
system with enhanced masonry columns composed of a stone veneer on a CMU block column with solid
slab flagstone caps. Additionally, there will be 120 linear feet of chain link installed to tie into the existing
fence portion that is not being replaced. There will be a landscaped buffer zone on the east and west
perimeter comprised of 6,000 square feet of decomposed granite.
Request for Proposals was sent to 984 prospective suppliers, including 79 Denton firms. In addition,
specifications were placed on the Materials Management website for prospective suppliers to download and
advertised in the local newspaper. Four (4) proposals were received, with two (2) meeting specifications.
References were checked, and proposals were evaluated based upon published criteria including proposal
form, quality and reputation, key personnel, detailed schedule, and safety record. Best and Final Offers
(BAFO) were requested from the top firm. Based upon this evaluation, Infra Construction, LLC was ranked
the highest and determined to be the best value for the City.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
NIGP Code Used for Solicitation: 330, 909, 912, 913, 914, and 988
Notifications sent for Solicitation sent in IonWave: 984
Number of Suppliers that viewed Solicitation in IonWave: 22
HUB-Historically Underutilized Business Invitations sent out: 91
SBE-Small Business Enterprise Invitations sent out: 375
Responses from Solicitation: 4
Responses Meeting Specifications: 2
RECOMMENDATION
Award a contract with Infra Construction, LLC, for the replacement of the Service Center Complex fence
for Facilities Management, in the not-to-exceed amount of $677,856.
PRINCIPAL PLACE OF BUSINESS
Infra Construction, LLC
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date within 230 days.
FISCAL INFORMATION
These services will be funded from Certificates of Obligation and General Government Project Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Pricing Evaluation
Exhibit 3: LLC Members
Exhibit 4: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Scott Gray, 940-349-7744.
Legal point of contact: Marcella Lunn at 940-349-8333.
Infra Construction, LLC Swift Corporation
Dallas, TX Round Rock, TX
Line #Description Unit Unit
1 Total Proposal Amount $677,856.00 $728,000.00
Item #Scoring Criteria Infra Construction, LLC Swift Corporation
1 Safety - 5%4.00 3.67
2 Price, Total Cost of Ownership - 20%20.00 18.62
3 Offeror’s Key Personnel - 10%9.33 4.33
4 Quality, Reputation, and Ability to Complete Similar Projects on Schedule and Within Budget - 30%26.00 12.00
5 Detailed Schedule and Written Plan - 35%35.00 7.00
94.33 45.62
RFP 7819 - Pricing Evaluation for the Construction of Service Center Fence
Exhibit 2
Total Score:
Evaluation
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
INFRA CONSTRUCTION, LLC, FOR THE REPLACEMENT OF THE SERVICE CENTER
COMPLEX FENCE FOR FACILITIES MANAGEMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7819
– AWARDED TO INFRA CONSTRUCTION, LLC, IN THE NOT-TO-EXCEED AMOUNT OF
$677,856.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for the
replacement of the Service Center Complex fence for Facilities Management; and
WHEREAS, the City Manager, or a designated employee, has received, reviewed, and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for
proposals; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies, or services shown in the “Request Proposals” on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
7819 Infra Construction, LLC $677,856.00
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items wish
to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the
proposals, the City Manager, or their designated representative, is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications, standards, quantities, and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-077,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the approval of a first amendment to a contract between the City of Denton and Elite Tree Service,L.L.C.,
amending the contract approved by City Council on November 6,2018,in the not-to-exceed amount of
$350,000.00;said first amendment to continue to provide tree trimming and removal for City departments
needing such work;providing for the expenditure of funds therefor;and providing an effective date (IFB 6870 -
providing for an additional first amendment expenditure amount not-to-exceed $87,500.00,with the total
contract amount not-to-exceed $437,500.00).
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
______________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of a first amendment to a contract between the City of Denton and Elite Tree
Service, L.L.C., amending the contract approved by City Council on November 6, 2018, in the not-to-
exceed amount of $350,000.00; said first amendment to continue to provide tree trimming and removal for
City departments needing such work; providing for the expenditure of funds therefor; and providing an
effective date (IFB 6870 – providing for an additional first amendment expenditure amount not-to-exceed
$87,500.00, with the total contract amount not-to-exceed $437,500.00).
INFORMATION/BACKGROUND
The current contract with Elite Tree Service, LLC, has reached the not-to-exceed threshold sooner than
expected. This is predominantly due to the original contract value being based only on the estimated use
from the Parks and Recreation Department (PARD), however additional departments: Streets, Engineering,
Drainage, Facilities, and Community Improvement Services Departments have an operational need to
utilize the contracted services. As the City of Denton continues to rapidly grow, the needs and demands of
tree trimming work have increased. The proposed amendment is the maximum allowable amount of 25%
of the contract value. In addition, a new solicitation for Citywide tree trimming is currently advertising and
will come forward for Council consideration in the Spring of 2022.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On November 6, 2018, City Council approved a contract with Elite Tree Service, L.L.C., in the not-to-
exceed amount of $350,000 (Ordinance: 18-1813).
RECOMMENDATION
Award Amendment No. 1 with Elite Tree Service, L.L.C., to continue to provide tree trimming and removal
for City departments needing such work, in a not-to-exceed amount of $87,000, for a total amended contract
amount of $437,500.
PRINCIPAL PLACE OF BUSINESS
Elite Tree Service, L.L.C.
Plano, TX
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
ESTIMATED SCHEDULE OF PROJECT
This contract will expire on November 6, 2023.
FISCAL INFORMATION
These services will be funded through the Parks and Recreation Operating Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Contract and Ordinance
Exhibit 3: LLC Members
Exhibit 4: Ordinance and Amendment 1
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Marshall McGee, 940-349-8430.
Legal point of contact: Marcella Lunn at 940-349-8333
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NUMBER VENDOR AMOUNT
6870 Elite Tree Service, LLC $350,000
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contained in the Bid Proposal and related documents and to extend that contract as determined to
be advantageous to the City of Denton,
C ION„4. The City Council of the City of Denton, Texas hereby expressly delegatesS.E..... T..
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under IFB 6870 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids,
SECTION a6. That this ordinance shall become effective immediately upon its passage
g pa,g.w..
r a de byI'i a c la r c b i; r°i1 d c, r a
the
following vote ,W - _ :
Aye
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4;
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
d " " „" " and seconded
cr A 9wa.. r a'0°:c ,a e roved by the
Nay Abstain Absent
PASSED AND APPROVED this the ' day of ` _______ _______ ,, 2018.
CHRIS W i"'", MA . ... ...... . .
m ......m....
YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: , ° w _ ^". .1 _
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
CONTRACT BYAND BETWEEN
CITY OFDENTON, TEXAS ANELITE TREE SERVICE, L.L.C.
CONTRACT 6870)
THIS CONTRACT ismade andentered intothis date ______________________, by
andbetween Elite TreeService, L.L.C., aTexaslimited liability company, whose address is6109
Westerley Dr., Plano. TX75093, hereinafter referred toas "Contractor," and theCITY OF
DENTON, TEXAS, ahome rulemunicipal corporation, hereinafter referred toas "City," tobe
effective upon approval oftheDenton City Council and subsequent execution ofthisContract by
theDenton CityManager orhisduly authorized designee.
Forandinconsideration ofthecovenants andagreements contained herein, and forthe
mutual benefits tobeobtained hereby, the parties agree asfollows:
SCOPE OF SERVICES
Supplier shall provide products and/orservices in document
IFB 6870 - TreeTrimming & Removal Services, acopy ofwhich ison file attheoffice of
Purchasing Agent andincorporated hereinforallpurposes. TheContract consists ofthis written
agreement andthefollowing itemswhichareattached hereto andincorporated herein byreference:
a) Special Terms andConditions
b) IFB6870 (onFile attheOffice ofthePurchasing Agent);
c) CityofDenton Standard Terms and Conditions C
d) Insurance Requirements D
e) Certificate ofInterested Parties Electronic Filing (Exhibit "E");
f) (Exhibit "F");
g) House Bill89Verification G
h) Senate Bill252Certification H
i) Form CIQ Conflict ofInterest Questionnaire (Exhibit "I");
Thesedocuments make uptheContract documents andwhatiscalled for byone shallbe
asbinding asifcalled forbyall. Inthe eventofan inconsistency orconflict inanyoftheprovisions
oftheContract documents, theinconsistency orconflict shallberesolved bygiving precedence
firsttothewritten agreement thentothecontract documents inthe order inwhich theyarelisted
above. These doc
Theparties agree totransact business electronically. Any statutory requirements thatcertain terms
beinwriting willbesatisfied using electronic documents andsigning. Electronic signing ofthis
document willbedeemed anoriginal foralllegal purposes.
Contract # 6870
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
INWITNESS WHEREOF, theparties ofthesepresents haveexecuted thisagreement in
theyear anddayfirstabove written.
CONTRACTOR
BY: ______________________________
AUTHORIZED SIGNATURETHISAGREEMENTHASBEEN
BOTH REVIEWED ANDAPPROVED Date: _______________________________ astofinancial andoperational obligations
andbusiness terms. Printed Name: ________________________
Title: _______________________________ SIGNATURE PRINTED NAME
PHONE NUMBERTITLE
EMAIL ADDRESSDEPARTMENT
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY BY:
TODD HILEMAN
CITY MANAGER
BY: __________________________________ Date:
APPROVED ASTOLEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
Contract # 6870
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
ExhibitA
Special Terms andConditions
1. TotalContract Amount
The contract total forservices shall notexceed $350,000. Pricing shall beperExhibit Fattached.
2. Contract Terms
Itistheintention oftheCityofDenton toaward acontract for athree (3) year period. TheCityand
theAwarded Contractor shallhavetheoption torenew thiscontract foranadditional two (2) one-
year periods. Materials and services undertaken pursuant tothissolicitation willberequired to
commence within fourteen (14) daysofdelivery ofaNotice toProceed.
TheContract shallcommence upontheissuance ofaNotice ofAward bytheCityofDenton andshall
automatically renew eachyear, from the date ofaward byCityCouncil, unless either party notifies
theother priortothescheduled renewal dateinaccordance withtheprovision ofthesection titled
ftheCity
ofDenton, theContract maybefurther extended asneeded, nottoexceed atotal ofsix (6) months.
3. PriceEscalation and De-escalation
TheCitywillimplement anescalation/de-escalation priceadjustment annually. Theescalation/de-
escalation will bebased upon manufacturer published pricing sheets tothevendor. Theprice will
beincreased ordecreased based upon theannually
list. Theprice adjustment will bedetermined annually from the award date. Should thechange
exceed ordecrease aminimum threshold valueof +/-1%, then thestated eligible bidprices shall
beadjusted inaccordance withthepublished price change. Itisthesupplier ortheCities
responsibility torequest aprice adjustment annually inwriting. Ifnorequest ismade, then itwill
beassumed thatthebidpricewillbeineffect. Thesupplier must submit or make available the
manufacturers pricing sheet used tocalculate thebidproposal, toparticipate inthe
escalation/de-escalation clause.
Contract # 6870
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ExhibitC
StandardPurchaseTermsandConditions
These standard Terms andConditions and theTerms andConditions, Specifications, Drawings
contracts/purchase orders issued bytheCityofDenton hereinafter referred toastheCityorBuyer
andtheSeller orrespondent herein after referred toasContractor orSupplier. Anydeviations must
Supplier. NoTerms and Conditions contained in
statement shall serve tomodify the terms setforth herein. Ifthere isaconflict between the
provisions ontheface ofthecontract/purchase order thesewritten provisions willtakeprecedence.
The Contractor agrees that thecontract shall begoverned bythefollowing termsandconditions,
unless exceptions aredulynotedandfully negotiated. Unless otherwise specified inthecontract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36shallapply only toasolicitation topurchase goods, and
sections 9, 10, 11, 22and 32shallapplyonlytoasolicitation topurchase services tobeperformed
of-way.
1. . The Contractor shallfully andtimely provide all
the terms, covenants, andconditions of theContract andallapplicable Federal, State, and local
laws, rules, andregulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified inthe Solicitation, thisContract shall
beeffective asofthedatethecontract issigned bytheCity, andshallcontinue ineffectuntil all
obligations are performed inaccordance withtheContract.
3. CONTRACTOR TOPACKAGE DELIVERABLES: TheContractor will package
deliverables inaccordance withgoodcommercial practice andshallinclude apacking listshowing
thedescription ofeach item, the quantity andunit price unless otherwise provided inthe
Specifications orSupplemental Terms andConditions, each shipping container shallbeclearly
address andpurchase orderorpurchase release number andtheprice agreement number if
applicable, (c) Container number andtotalnumber ofcontainers, e.g. box 1of4boxes, and (d) the
number ofthecontainer bearing thepacking list. The Contractor shallbearcostofpackaging.
Deliverables shall besuitably packed tosecure lowest transportation costsandtoconform toall
therequirements ofcommon carriers andanyapplicable specification. The City'scount orweight
shallbe final andconclusive onshipments notaccompanied bypacking lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: TheContractor isnot authorized to
ship thedeliverables under reservation andnotenderofabillofladingwill operate asatender of
deliverables.
5. TITLE & RISK OFLOSS: Titletoandrisk ofloss ofthedeliverables shallpasstotheCity
onlywhen theCity actually receives andaccepts thedeliverables.
Contract # 6870
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6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point ofdelivery unless otherwise specified intheSupplemental Terms and
Conditions. Unless otherwise
alldelivery andtransportation charges. TheCity shall have theright todesignate whatmethod of
transportation shallbeusedtoship thedeliverables. Theplace ofdelivery shallbethatsetforth
thepurchase order.
7. RIGHT OFINSPECTION ANDREJECTION: The City expressly reserves allrights under
law, including, but notlimited tothe Uniform Commercial Code, toinspect thedeliverables at
delivery before accepting them, andtoreject defective ornon-conforming deliverables. IftheCity
all
furnish, orcause tobefurnished, without additional charge, allreasonable facilities andassistance
totheCitytofacilitate such inspection.
8. NOREPLACEMENT OFDEFECTIVE TENDER: Every tender ordelivery ofdeliverables
must fully comply withallprovisions of theContract astotimeofdelivery, quality, and quantity.
Any non-complying tender shall constitute abreach andthe Contractor shallnothave therightto
substitute aconforming tender; provided, where thetimeforperformance has notyetexpired, the
Contractor maynotify theCityoftheintention tocureand maythen make aconforming tender
within thetimeallotted inthecontract.
9. PLACE AND CONDITION OFWORK: The Cityshallprovide theContractor access tothe
siteswhere theContractor istoperform theservices asrequired inorder fortheContractor to
perform the services inatimely and efficient manner, inaccordance withand subject tothe
applicable security laws, rules, and regulations. TheContractor acknowledges that ithassatisfied
essential characteristics ofthework sites, thequality andquantity ofmaterials, equipment, labor
andfacilities necessary toperform theservices, and anyothercondition orstate offactwhichcould
hereby releases and holds theCity harmless from andagainst anyliability orclaimfordamages of
anykindornature iftheactual siteorservice conditions differfrom expected conditions.
Thecontractor shall, atalltimes, exercise reasonable precautions forthesafety oftheiremployees,
cilities.
10. WORKFORCE
A. The Contractor shallemploy onlyorderly and competent workers, skilledintheperformance
oftheservices which they willperform under the Contract.
B. TheContractor, itsemployees, subcontractors, andsubcontractor'semployees may notwhile
engaged inparticipating orresponding toasolicitation orwhile inthecourse andscope of
delivering goodsorservices underaCity ofDenton contract orontheCity'sproperty .
i. useorpossess afirearm, including aconcealed handgun thatislicensed under statelaw,
except asrequired bytheterms ofthecontract; or
ii. useorpossess alcoholic orother intoxicating beverages, illegaldrugs orcontrolled
substances, nor maysuch workers beintoxicated, orunder theinfluence ofalcohol ordrugs, on
thejob.
Contract # 6870
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C. IftheCityortheCity'srepresentative notifies theContractor that anyworker isincompetent,
disorderly ordisobedient, hasknowingly orrepeatedly violated safety regulations, haspossessed
anyfirearms, orhaspossessed orwasunder theinfluence ofalcohol ordrugs onthejob, the
Contractor shallimmediately remove such worker fromContract services, andmaynotemploy
such worker again onContract services without theCity'sprior written consent.
Immigration: The Contractor represents andwarrants thatitshall comply with therequirements
ofthe Immigration Reform andControl Actof1986 and1990regarding employment verification
andretention ofverification forms forany individuals hired onorafterNovember 6, 1986, who
willperform any labor orservices under theContract andtheIllegal Immigration Reform and
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: TheCo
comply fullywith allapplicable federal, state, and local health, safety, and environmental laws,
ordinances, rules andregulations intheperformance oftheservices, including butnotlimited to
those promulgated bytheCityandbytheOccupational Safetyand HealthAdministration (OSHA).
Incase ofconflict, themost stringent safety requirement shall govern. TheContractor shall
indemnify and holdtheCityharmless fromandagainst allclaims, demands, suits, actions,
obligations under this paragraph.
Environmental Protection: TheRespondent shallbeincompliance with allapplicable standards,
orders, orregulations issued pursuant tothemandates oftheCleanAirAct (42U.S.C. §7401et
seq.) and theFederal Water Pollution Control Act, asamended, (33U.S.C. §1251etseq.).
12. INVOICES:
A. The Contractor shall submit separate invoices induplicate oneachpurchase order orpurchase
release after eachdelivery. Ifpartialshipments ordeliveries areauthorized bytheCity, aseparate
invoice mustbesent foreachshipment ordelivery made.
B. Proper Invoices mustinclude aunique invoice number, thepurchase order ordelivery
thename ofthepoint ofcontact for the Department. Invoices shall beitemized and
transportation charges, ifany, shallbelisted separately. Acopy ofthebilloflading andthefreight
address and, ifapplicable, thetaxidentification number ontheinvoice must exactly match the
inf
C. Invoices forlaborshallinclude acopyof alltime-sheets with trade labor rateanddeliverables
order number clearly identified. Invoices shallalsoinclude atabulation ofwork-hours atthe
appropriate ratesandgrouped bywork order number. Time billedfor labor shall belimited to
hours actually worked atthework site.
D. Unless otherwise expressly authorized intheContract, theContractor shallpassthrough all
Subcontract andother authorized expenses atactualcostwithout markup.
E. Federal excise taxes, State taxes, orCitysalestaxes must notbeincluded inthe invoiced
amount.
TheCitywillfurnish ataxexemption certificate upon request.
Contract # 6870
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13. PAYMENT:
A. Allproper invoices need tobesent toAccounts Payable. Approved invoices willbepaidwithin
oroftheinvoice being received
inAccounts Payable, whichever islater.
B. Ifpayment isnot timely made, (perparagraph A); interest shall accrue ontheunpaid
balance atthelesserofthe ratespecified inTexas Government Code Section 2251.025orthe
maximum lawful rate; except, ifpayment isnottimely madeforareason forwhich theCity
maywithhold payment hereunder, interest shall notaccrue until ten (10) calendar daysafter
thegrounds forwithholding payment have been resolved.
C. Ifpartial shipments ordeliveries areauthorized bytheCity, theContractor will bepaidforthe
partial shipment ordelivery, asstated above, provided that the invoice matches the shipment or
delivery.
D. The Citymaywithhold orsetofftheentirepayment orpart ofanypayment otherwise duethe
Contractor tosuch extent asmaybenecessary onaccount of:
i. delivery ofdefective ornon-conforming deliverables bytheContractor;
ii. third party claims, which arenotcovered bytheinsurance which theContractor is
required to provide, arefiled orreasonable evidence indicating probable filing ofsuch
claims;
iii. failure oftheContractor topay Subcontractors, orforlabor, materials orequipment;
which isnotcovered byinsurance required to beprovided bytheContractor;
timespecified intheContract, andthat the unpaid balance would notbeadequate to
cover actual ordamages forthe anticipated delay;
vi. failure ofthe Contractor tosubmit proper invoices withpurchase order number, withall
required attachments andsupporting documentation; or
vii. failureoftheContractor tocomply with anymaterial provision ofthe Contract
Documents.
E. Notice ishereby given thatany awarded firmwhoisinarrears tothe City ofDenton for
delinquent taxes, the City may offsetindebtedness owed theCitythrough payment withholding.
F. Payment willbemade bycheckunless theparties mutually agree topayment bycredit card or
electronic transfer offunds. TheContractor agrees thatthere shallbenoadditional charges,
surcharges, orpenalties totheCityfor payments made bycredit card orelectronic funds transfer.
G. The awarding orcontinuation ofthiscontract isdependent upon theavailability offunding. The
ppropriated andavailable for
this contract. Theabsence ofAppropriated orother lawfully available funds shall render the
Contract null andvoidtotheextent funds are notAppropriated oravailable andany deliverables
delivered butunpaid shallbereturned totheContractor. TheCityshallprovide the Contractor
written notice ofthefailure oftheCity tomake an adequate Appropriation foranyfiscal yearto
paytheamounts dueunder the Contract, orthereduction ofany Appropriation toanamount
insufficient topermit theCitytopay itsobligations under theContract. Intheeventofnoneor
inadequate appropriation offunds, therewillbenopenalty norremoval fees charged totheCity.
14. TRAVEL EXPENSES: All travel, lodging andperdiem expenses inconnection with the
Contract shall bepaid bytheContractor, unless otherwise statedinthecontract terms. During the
termof thiscontract, the contractor shall billandtheCity shall reimburse contractor forall
reasonable and approved outofpocket expenses which areincurred intheconnection with the
performance ofdutieshereunder. Notwithstanding the foregoing, expenses forthetime spent by
thecontractor intraveling toandfromCityfacilities shallnotbereimbursed, unless otherwise negotiated.
Contract # 6870
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15. FINAL PAYMENT AND CLOSE-OUT:
A. IfaDBE/MBE/WBE Program Plan isagreed toand the Contractor has identified
Subcontractors, theContractor isrequired tosubmit aContract Close-OutMBE/WBE Compliance
Report tothePurchasing Manager nolaterthan the15th calendar dayaftercompletion ofallwork
under thecontract. Finalpayment, retainage, or bothmay bewithheld iftheContractor isnotin
compliance with therequirements asaccepted bytheCity.
B. Themaking and acceptance offinalpayment will constitute:
i. awaiver ofallclaims bytheCityagainst theContractor, except claims (1) which have
been previously asserted inwriting and notyetsettled, (2) arising from defective work appearing
after final inspection, (3) arising from failureoftheContractor tocomply with theContract orthe
under theContract, including butnotlimited toindemnity andwarranty obligations, or (5) arising
under
otherthanthose previously asserted inwriting andnot yetsettled.
16. SPECIAL TOOLS & TEST EQUIPMENT: Ifthepricestated onthe Offerincludes thecost
ofany special tooling orspecial testequipment fabricated orrequired bytheContractor forthe
purpose offilling this order, suchspecial tooling equipment and any process sheets related thereto
shall become theproperty oftheCityandshallbeidentified bytheContractor assuch.
17. RIGHT TO AUDIT:
A. TheCity shall havetheright toauditandmake copies ofthe books, records andcomputations
pertaining totheContract. TheContractor shall retainsuch books, records, documents andother
evidence pertaining totheContract period and five yearsthereafter, except ifanauditisinprogress
oraudit findings areyetunresolved, inwhich case records shall bekeptuntil allaudit tasks are
completed andresolved. These books, records, documents andother evidence shall beavailable,
within ten (10) business daysofwritten request. Further, the Contractor shallalsorequire all
Subcontractors, material suppliers, andotherpayees toretain allbooks, records, documents and
otherevidence pertaining totheContract, andtoallow theCitysimilar access tothose documents.
Allbooks andrecords willbemadeavailable within a50mile radius ofthe CityofDenton. The
cost oftheaudit will beborne bytheCityunless theaudit reveals anoverpayment of1% orgreater.
Ifanoverpayment of1% orgreater occurs, thereasonable costoftheaudit, including any travel
costs, must beborne bytheContractor which mustbe payable within five (5) business days of
receipt ofaninvoice.
B. Failure tocomply with theprovisions ofthis section shallbeamaterial breach oftheContract
onstrued to
include drafts andelectronic files, evenifsuchdrafts orelectronic filesaresubsequently used to
generate orprepare afinalprinted document.
18. SUBCONTRACTORS:
A. IftheContractor identified Subcontractors inaDBE/MBE/WBE agreed toPlan, theContractor
shallcomply withallrequirements approved bytheCity. TheContractor shallnotinitially employ
anySubcontractor identified inthe Plan, unless thesubstitute hasbeen accepted bythe Cityin
writing. Noacceptance bytheCityofanySubcontractor shallconstitute awaiver ofanyrights or
remedies oftheCitywith respect todefective deliverables provided byaSubcontractor. IfaPlan
hasbeen approved, theContractor isadditionally required tosubmit amonthly Subcontract
Awards andExpenditures Report totheProcurement Manager, nolaterthanthetenth calendar day
ofeachmonth.
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B. Work performed fortheContractor byaSubcontractor shall bepursuant toawritten contract
between theContractor andSubcontractor. Theterms ofthesubcontract may notconflict withthe
terms ofthe
Contract, andshallcontain provisions that:
i. require thatalldeliverables tobeprovided bytheSubcontractor beprovided instrict
accordance with theprovisions, specifications andterms oftheContract;
ii. prohibit theSubcontractor from further subcontracting anyportion oftheContract
without thepriorwritten consent oftheCity andtheContractor. TheCitymayrequire, as
acondition tosuchfurther subcontracting, thattheSubcontractor post apayment bond in
form, substance andamount acceptable totheCity;
iii. require Subcontractors tosubmit allinvoices andapplications forpayments, including
anyclaimsforadditional payments, damages orotherwise, totheContractor insufficient
timetoenable theContractor toinclude same with itsinvoice orapplication forpayment
totheCityinaccordance with the terms oftheContract;
iv. require thatallSubcontractors obtain andmaintain, throughout thetermoftheir
contract, insurance inthetypeandamounts specified forthe Contractor, withtheCity
beinganamed insured asitsinterest shallappear; and
v. require thattheSubcontractor indemnify andholdtheCityharmless tothesameextent
astheContractor isrequired toindemnify theCity.
C. The Contractor shall befully responsible totheCity forallactsandomissions of the
Subcontractors justastheContractor isresponsible fortheContractor'sownacts andomissions.
Nothing intheContract shallcreate forthebenefit ofanysuch Subcontractor anycontractual
relationship between theCityand any suchSubcontractor, norshall itcreate anyobligation onthe
partoftheCitytopayortosee tothepayment ofanymoneys dueanysuchSubcontractor except
asmayotherwise berequired bylaw.
D. TheContractor shallpayeach Subcontractor itsappropriate share ofpayments made tothe
Contractor notlater thanten (10) calendar days afterreceipt ofpayment fromtheCity.
19. WARRANTY-PRICE:
A. TheContractor warrants the prices quoted intheOffer are nohigher than theContractor's
current pricesonorders byothers forlikedeliverables undersimilar terms ofpurchase.
B. TheContractor certifies thattheprices intheOffer havebeenarrived atindependently without
consultation, communication, oragreement forthepurpose of restricting competition, astoany
matter relating tosuch fees withanyother firmorwith any competitor.
C. Inaddition toanyotherremedy available, the Citymay deduct from anyamounts owed tothe
Contractor, orotherwise recover, any amounts paidfor itemsinexcess oftheContractor'scurrent
prices onorders byothers forlikedeliverables under similar terms ofpurchase.
20. WARRANTY TITLE: TheContractor warrants thatithasgood and indefeasible titletoall
deliverables furnished under theContract, andthatthedeliverables arefreeandclear ofallliens,
claims, security interests and encumbrances. TheContractor shallindemnify and holdtheCity
harmless from andagainst alladverse titleclaimstothe deliverables.
21. WARRANTY DELIVERABLES: TheContractor warrants and represents that all
deliverables sold the Cityunder theContract shall befreefrom defects indesign, workmanship or
manufacture, andconform inallmaterial respects tothespecifications, drawings, and descriptions
intheSolicitation, toanysamples furnished bythe Contractor, totheterms, covenants and
conditions oftheContract, andtoallapplicable State, Federal orlocal laws, rules, andregulations,
andindustry codesandstandards. Unless otherwise stated intheSolicitation, thedeliverables shall
beneworrecycled merchandise, andnotused orreconditioned.
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A. Recycled deliverables shall beclearly identified assuch.
B. TheContractor may not limit, exclude ordisclaim theforegoing warranty oranywarranty
implied bylaw; and anyattempt todososhall bewithout force oreffect.
C. Unless otherwise specified intheContract, thewarranty period shall beatleastone year from
thedateofacceptance ofthedeliverables or fromthe date ofacceptance ofany replacement
deliverables. Ifduring thewarranty period, one ormore oftheabove warranties are breached, the
Contractor shallpromptly upon receipt ofdemand either repair thenon-conforming deliverables,
orreplace thenon-
andatnoadditional cost totheCity. Allcosts incidental tosuchrepair orreplacement, including
butnotlimitedto, anypackaging and shipping costs shall beborne exclusively bytheContractor.
The Cityshallendeavor togive the Contractor written notice ofthe breach ofwarranty within
thirty (30) calendar days ofdiscovery ofthebreach ofwarranty, butfailure togive timely notice
D. IftheContractor isunable orunwilling torepair orreplace defective ornon-conforming
deliverables asrequired bytheCity, then inaddition toanyother available remedy, theCitymay
reduce thequantity ofdeliverables itmayberequired topurchase under theContract from the
Contractor, andpurchase conforming deliverables fromother sources. Insuch event, the
Contractor shallpaytotheCity upon demand theincreased cost, ifany, incurred bythe City to
procure suchdeliverables from another source.
E. IftheContractor isnot themanufacturer, andthe deliverables arecovered byaseparate
manufa
Contractor shallassist andcooperate with theCitytothe fullest extent toenforce such
22. WARRANTY SERVICES: The Contractor warrants andrepresents that allservices tobe
provided theCityunder the Contract willbefullyand timely performed inagood and workmanlike
manner inaccordance with generally accepted industry standards andpractices, theterms,
conditions, and covenants oftheContract, andallapplicable Federal, Stateandlocal laws, rules
orregulations.
A. TheContractor may notlimit, exclude ordisclaim theforegoing warranty orany warranty
implied bylaw, and anyattempt todososhall bewithout force oreffect.
B. Unless otherwise specified intheContract, thewarranty period shallbeatleast oneyear from
theAcceptance Date. Ifduring thewarranty period, oneor moreofthe above warranties are
breached, theContractor shall promptly upon receipt ofdemand perform the services again in
accordance with above standard atnoadditional cost tothe City. Allcosts incidental tosuch
additional performance shall beborne bytheContractor. The City shall endeavor togivethe
Contractor written notice ofthebreach ofwarranty within thirty (30) calendar days ofdiscovery
ofthebreach warranty, butfailure togivetimely notice shall notimp
thissection.
C. IftheContractor isunable orunwilling toperform itsservices inaccordance with the above
standard asrequired bytheCity, then inaddition toanyother available remedy, theCity may
reduce theamount ofservices itmayberequired topurchase under theContract from the
Contractor, andpurchase conforming services from other sources. Insuchevent, the Contractor
shall paytotheCity upondemand theincreased cost, ifany, incurred bytheCitytoprocure such
services fromanother source.
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23. ACCEPTANCE OFINCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead ofrequiring immediate correction orremoval andreplacement ofdefective ornon-
conforming deliverables, theCityprefers toaccept it, theCitymay doso. The Contractor shall pay
accept such defective ornon-conforming deliverables. Ifany such acceptance occurs priortofinal
payment, theCity may deduct suchamounts asarenecessary tocompensate theCity forthe
diminished valueofthedefective ornon-conforming deliverables. Ifthe acceptance occurs after
final payment, such amount willberefunded totheCitybytheContractor.
24. RIGHT TOASSURANCE: Whenever oneparty tothe Contract ingood faith hasreason to
assurance oftheintenttoperform. Intheevent thatnoassurance isgivenwithin thetimespecified
after demand ismade, thedemanding party maytreat thisfailure asananticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issueanimmediate StopWork Notice in theevent
the Contractor isobserved performing inamanner that isinviolation ofFederal, State, orlocal
guidelines, orinamanner thatisdetermined bythe Citytobeunsafe toeitherlifeorproperty.
Uponnotification, theContractor willcease allwork untilnotified bytheCitythat theviolation or
unsafe condition hasbeen corrected. TheContractor shallbeliable forallcosts incurred bythe
Cityasaresultoftheissuance ofsuch Stop WorkNotice.
26. DEFAULT: The Contractor shallbeindefault undertheContract iftheContractor (a) fails to
fully, timely and faithfully perform anyofits material obligations under theContract, (b) failsto
provide adequate assurance ofperformance underParagraph 24, (c) becomes insolvent orseeks
relief under thebankruptcy lawsoftheUnited States or (d) makes amaterial misrepresentation in
theCity.
27. TERMINATION FOR CAUSE: Intheevent ofadefault bytheContractor, theCity shall
havetheright toterminate the Contract forcause, bywritten notice effective ten (10) calendar
days, unless otherwise specified, after thedateofsuchnotice, unless theContractor, within such
ten (10) dayperiod, cures such default, orprovides evidence sufficient toprove
reasonable satisfaction thatsuch default does not, infact, exist. Inaddition toanyother remedy
available under laworinequity, the Cityshallbeentitled torecover allactual damages, costs,
losses andexpenses, incurred bytheCitya
judgment interest atthe maximum lawful rate. Additionally, inthe event ofadefault bythe
Contractor,
anyOffer submitted bytheContractor maybedisqualified for uptothree (3) years. Allrightsand
remedies undertheContract arecumulative andarenotexclusive ofanyother rightorremedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The Cityshallhave therighttoterminate the
notice. Upon receipt ofanotice oftermination, theContractor shallpromptly ceaseallfurther work
pursuant totheContract, with such exceptions, ifany, specified inthenotice oftermination. The
Cityshall paytheContractor, totheextent offunds Appropriated or otherwise legally available
forsuchpurposes, forallgoods delivered and services performed andobligations incurred prior to
thedateoftermination inaccordance with theterms hereof.
29. FRAUD: Fraudulent statements bytheContractor onany Offerorinany report ordeliverable
required tobesubmitted bytheContractor totheCity shall begrounds forthetermination ofthe
Contract forcause bytheCity andmayresult inlegal action.
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30. DELAYS:
A. The City may delay scheduled delivery orotherduedates by written notice totheContractor if
theCitydeems itisinitsbestinterest. Ifsuch delay causes anincrease inthecost ofthework
under the Contract, the Cityandthe Contractor shall negotiate anequitable adjustment forcosts
incurred bytheContractor intheContract price andexecute anamendment totheContract. The
Contractor mustassert itsrighttoanadjustment within thirty (30) calendar days fromthe dateof
receipt ofthenotice ofdelay. Failure toagree onanyadjusted price shall behandled under the
Dispute Resolution process specified inparagraph 49. However, nothing inthis provision shall
excuse theContractor from delaying thedelivery asnotified.
B. Neither partyshallbeliable foranydefault ordelayintheperformance ofitsobligations under
thisContract if, while and totheextent suchdefault ordelay iscaused byactsof God, fire, riots,
civil commotion, labordisruptions, sabotage, sovereign conduct, orany other cause beyond the
reasonable control ofsuchParty. Inthe eventofdefault ordelay incontract performance dueto
any oftheforegoing causes, thenthetimeforcompletion oftheservices willbeextended;
provided, however, insuchanevent, aconference will beheld within three (3) business days to
establish amutually agreeable period oftime reasonably necessary toovercome the effect ofsuch
failuretoperform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include anyand allclaims, demands, suits, causesofaction,
judgments andliability ofeverycharacter, typeordescription, including allreasonable
costs andexpenses oflitigation, mediation orother alternate dispute resolution mechanism,
including attorney andother professional fees for: (1) damage toorlossofthe property of
anyperson (including, butnotlimited tothe City, theContractor, their respective agents,
officers, employees andsubcontractors; theofficers, agents, andemployees ofsuch
subcontractors; and third parties); and/or (2) death, bodilyinjury, illness, disease, worker's
compensation, lossofservices, orloss ofincome orwages toanyperson (including butnot
subcontractors, andthird parties), ii. "Fault" shallinclude the saleofdefective ornon-
conforming deliverables, negligence, willful misconduct orabreach ofanylegally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THECITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUTOF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OFTHE CONTRACTOR, OR
THE CONTRACTOR'SAGENTS, EMPLOYEES OR SUBCONTRACTORS, INTHE
CONTRACT. NOTHING HEREIN SHALL BEDEEMED TOLIMIT THE RIGHTS OF
THECITY ORTHECONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TOSEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR ANINDEMNIFIED CLAIM.
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32. INSURANCE: Thefollowing insurance requirements areapplicable, inaddition tothe specific
insurance requirements detailed inAppendix Aforservices only. The successful firmshallprocure
andmaintain insurance ofthetypesand inthe minimum amounts acceptable totheCity ofDenton.
Theinsurance shallbewritten byacompany licensed todobusiness intheState of Texas and
satisfactory totheCityofDenton.
A. General Requirements:
i. TheContractor shall ataminimum carry insurance inthetypes andamounts indicated
andagreed to, assubmitted totheCityandapproved bytheCity within theprocurement
process, fortheduration ofthe Contract, including extension options andholdover periods,
andduring anywarranty period.
endorsements required totheCityasverification ofcoverage priortocontract execution
and within fourteen (14) calendar daysafterwritten request from theCity. Failure to
provide therequired Certificate ofInsurance maysubject theOffer todisqualification from
consideration foraward. The Contractor must alsoforward aCertificate ofInsurance tothe
City whenever apreviously identified policy period has expired, oranextension option or
holdoverperiod isexercised, asverification ofcontinuing coverage.
iii. The Contractor shall notcommence workuntiltherequired insurance isobtained and
until such insurance has beenreviewed bytheCity. Approval ofinsurance bythe Cityshall
notrelieve ordecrease theliability oftheContractor hereunder andshall notbe construed
tobealimitation ofliability on thepart oftheContractor.
iv. The Contractor must submit certificates ofinsurance totheCity forallsubcontractors
priortothesubcontractors commencing work ontheproject.
companies licensed todobusiness intheStateofTexas atthetimethe policies areissued
andshallbewritten bycompanies withA.M. Bestratings ofA- VII orbetter. TheCity
Insurance Fund.
vi. All endorsements naming the City asadditional insured, waivers, andnotices of
cancellation endorsements aswell asthe Certificate ofInsurance shall contain the
solicitation number andthe following information:
CityofDenton
Materials Management Department
901B TexasStreet
Denton, Texas 76209
insured shown onanypolicy. Itisintended that policies required intheContract, covering
both theCityandtheContractor, shallbeconsidered primary coverage asapplicable.
viii. Ifinsurance policies arenotwritten foramounts agreed towiththeCity, theContractor
shallcarry Umbrella orExcess Liability Insurance foranydifferences inamounts specified.
IfExcess Liability Insurance isprovided, itshallfollow theformoftheprimary coverage.
ix. TheCityshallbeentitled, upon request, atanagreed upon location, and without
expense, toreview certified copies ofpolicies andendorsements thereto andmaymake any
reasonable requests for deletion orrevision ormodification ofparticular policyterms,
conditions, limitations, orexclusions except where policy provisions areestablished bylaw
orregulations binding uponeither oftheparties hereto ortheunderwriter onanysuch
policies.
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x. The Cityreserves the right toreview theinsurance requirements setforth during the
effective period ofthe Contract andtomake reasonable adjustments toinsurance coverage,
limits, andexclusions when deemed necessary andprudent bytheCitybased upon changes
instatutory law, court decisions, theclaims history oftheindustry orfinancial condition
oftheinsurance company aswell asthe Contractor.
xi. The Contractor shall notcause anyinsurance tobecanceled norpermit any insurance
tolapseduring thetermoftheContract orasrequired intheContract.
xii. The Contractor shall beresponsible forpremiums, deductibles andself-insured
retentions, ifany, stated inpolicies. All deductibles orself-insured retentions shall be
disclosed ontheCertificate ofInsurance.
x
notice oferosion oftheaggregate limits below occurrence limits forallapplicable
inwithinthe solicitation and requirements are
required minimums andare notintended tolimit the responsibility orliability ofthe
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements arecontained inthe
solicitation instrument.
33. CLAIMS: Ifanyclaim, demand, suit, orother actionisasserted against theContractor which
arises under orconcerns theContract, orwhich could have amaterial adverse effect onthe
ctorshall give written notice thereof tothe
Citywithin ten (10) calendar daysafter receipt ofnotice bytheContractor. Such noticetotheCity
shallstatethedateofnotification ofanysuchclaim, demand, suit, orother action; thenames and
addresses of theclaimant(s); thebasis thereof; and thenameofeach person against whom such
claim isbeing asserted. Suchnotice shall bedelivered personally orbymailandshallbesent to
theCityandtotheDenton CityAttorney. Personal delivery totheCityAttorney shall betoCity
Hall, 215EastMcKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, allnotices, requests, orother communications required
orappropriate tobe given under theContract shall beinwriting andshall be deemed delivered
three (3) business daysafter postmarked ifsentbyU.S. Postal Service Certified orRegistered
Mail, Return Receipt Requested. Notices delivered byothermeans shallbedeemed delivered upon
receipt bytheaddressee. Routine communications maybemade byfirst class mail, telefax, or
othercommercially accepted means. Notices totheContractor shallbesenttotheaddress specified
totheCity shall beaddressed totheCity at901B TexasStreet, Denton, Texas 76209 andmarked
totheattention ofthePurchasing Manager.
35. RIGHTS TOBID, PROPOSAL AND CONTRACTUAL MATERIAL: Allmaterial
submitted bytheContractor totheCityshallbecome property oftheCity upon receipt. Any
portions ofsuchmaterial claimed bytheContractor tobeproprietary mustbeclearly marked as
such. Determination ofthepublic nature ofthematerial issubject totheTexas Public Information
Act, Chapter 552, andTexas Government Code.
36. NOWARRANTY BYCITY AGAINST INFRINGEMENTS: The Contractor represents
andwarrants totheCitythat: (i) theContractor shallprovide theCitygood andindefeasible title
tothedeliverables and (ii) thedeliverables supplied bytheContractor inaccordance with the
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specifications intheContract willnot infringe, directly orcontributorily, anypatent, trademark,
copyright, trade secret, oranyother intellectual property right ofanykindofanythirdparty; that
noclaims havebeenmade byanyperson orentity with respect totheownership oroperation of
thedeliverables andtheContractor does not know ofanyvalid basis forany such claims. The
Contractor shall, atitssole expense, defend, indemnify, andholdtheCity harmless from and
against allliability, damages, andcosts (including court costs andreasonable feesofattorneys and
intheworld oftherights assoc
anditsuseofthedeliverables infringes the intellectual property rights ofanythirdparty; or (ii)
inthisContract.
Inthe eventofanysuch claim, theCityshallhavethe right tomonitor such claim oratitsoption
engage itsown separate counsel toactasco-
rding thedeliverables shall innowaydiminish
the production, development, ordelivery ofsuchdeliverables willnotimpact such warranties of
Contractor.
37. CONFIDENTIALITY: Inorder toprovide thedeliverables totheCity, Contractor may
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which theCityoritslicensors consider confidential)
Confidential Information isthevaluable property ofthe Cityand/oritslicensors andany
unauthorized use, disclosure, dissemination, orother release ofthe Confidential Information will
substantially injuretheCity and/oritslicensors. TheContractor (including itsemployees,
subcontractors, agents, orrepresentatives) agrees thatitwillmaintain theConfidential Information
instrictconfidence andshallnotdisclose, disseminate, copy, divulge, recreate, orotherwise use
theConfidential Information without the prior written consent ofthe Cityorinamanner not
expressly permitted under thisAgreement, unless theConfidential Information isrequired tobe
disclosed bylaworanorder ofanycourtorothergovernmental authority with proper jurisdiction,
provided theContractor promptly notifies theCitybefore disclosing such information soasto
permit the Cityreasonable time toseek anappropriate protective order. The Contractor agrees to
useprotective measures noless stringent thantheContractor useswithinitsownbusiness toprotect
itsownmost valuable information, which protective measures shallunder allcircumstances beat
leastreasonable measures toensure the continued confidentiality oftheConfidential Information.
38. OWNERSHIP AND USEOFDELIVERABLES: TheCity shallown allrights, titles, and
interests throughout the world inandtothe deliverables.
A. Patents. Astoanypatentable subject matter contained inthedeliverables, the Contractor agrees
todisclose suchpatentable subject matter tothe City. Further, ifrequested bytheCity, the
Contractor agrees toassignand, ifnecessary, causeeachofits employees toassign theentire right,
title, andinterest tospecific inventions under suchpatentable subject matter totheCityand to
execute, acknowledge, anddeliver and, ifnecessary, causeeachofitsemployees toexecute,
acknowledge, and deliver anassignment ofletters patent, inaform tobereasonably approved by
theCity, totheCityupon request bytheCity.
B. Copyrights. Astoanydeliverables containing copyrightable subject matter, the Contractor
agrees thatupontheir creation, suchdeliverables shallbeconsidered aswork made-for-hirebythe
Contractor fortheCity andtheCity shall ownallcopyrights inandtosuch deliverables, provided
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however, thatnothing in
Should byoperation oflaw, suchdeliverables notbeconsidered works made-for-hire, the
Contractor hereby assigns totheCity (and agrees tocause each ofitsemployees providing services
totheCityhereunder toexecute, acknowledge, anddeliver anassignment totheCityof) all
worldwide right, title, andinterest inandtosuchdeliverables. With respect tosuchwork made-
for-hire, the Contractor agrees toexecute, acknowledge, anddeliver and cause each ofits
employees providing services totheCityhereunder toexecute, acknowledge, anddeliver awork-
made-for-hire agreement, inaform tobereasonably approved bytheCity, totheCityupon
delivery ofsuch deliverables totheCity oratsuchothertime astheCitymayrequest.
C. Additional Assignments. The Contractor further agrees to, andifapplicable, cause eachofits
employees to, execute, acknowledge, and deliver allapplications, specifications, oaths,
assignments, and allother instruments which theCitymight reasonably deem necessary inorder
toapply forand obtaincopyright protection, maskwork registration, trademark registration and/or
protection, letters patent, oranysimilar rights inany and allcountries and inorder toassign and
convey totheCity, itssuccessors, assigns andnominees, thesole and exclusive right, title, and
interest inandtothe deliverables.
deliver (orcause tobeexecuted, acknowledged, anddelivered) instruments orpaperssuchasthose
described inthisParagraph 38a., b., andc. shallcontinue after thetermination ofthis Contract
withrespect tosuch deliverables. IntheeventtheCityshould notseek toobtain copyright
protection, mask work registration orpatent protection forany ofthedeliverables, butshould
desire tokeepthesamesecret, theContractor agrees totreatthesame asConfidential Information
undertheterms ofParagraph 37above.
39. PUBLICATIONS: Allpublished material andwritten reports submitted under theContract
mustbeoriginally developed material unless otherwise specifically provided intheContract.
When material notoriginally developed isincluded inareport inanyform, thesource shallbe
identified.
40. ADVERTISING
consent, the factthat the City hasentered intotheContract, except totheextent required bylaw.
41. NOCONTINGENT FEES: The Contractor warrants thatno person orselling agency has
been employed orretained tosolicitorsecure theContract uponany agreement orunderstanding
forcommission, percentage, brokerage, orcontingent fee, excepting bona fideemployees ofbona
fideestablished commercial orselling agencies maintained bythe Contractor forthe purpose of
securing business. Forbreach orviolation ofthiswarranty, theCityshall have theright, inaddition
toany other remedy available, tocancel theContract without liability andtodeduct fromany
amounts owedtotheContractor, orotherwise recover, thefull amount ofsuch commission,
percentage, brokerage orcontingent fee.
42. GRATUITIES: TheCitymay, bywritten notice totheContractor, cancel theContract without
liability ifitisdetermined bytheCity that gratuities wereoffered orgiven bytheContractor or
anyagent orrepresentative oftheContractor toanyofficer oremployee oftheCityofDenton with
aview toward securing theContract orsecuring favorable treatment with respect totheawarding
oramending orthemaking ofanydeterminations withrespect totheperforming ofsuchcontract.
Intheeventthe Contract iscanceled bythe City pursuant tothisprovision, the Cityshall be
entitled, inaddition to anyotherrights and remedies, torecover orwithhold theamount ofthecost
incurred bytheContractor inproviding suchgratuities.
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43. PROHIBITION AGAINST PERSONAL INTEREST INCONTRACTS: Noofficer,
employee, independent consultant, orelected official oftheCity who isinvolved inthe
development, evaluation, ordecision-making process of theperformance ofany solicitation shall
have afinancial interest, direct orindirect, inthe Contract resulting from that solicitation. Any
willful violation ofthissection shallconstitute impropriety inoffice, andanyofficer oremployee
guilty thereof shall besubject todisciplinary action uptoandincluding dismissal. Any violation
ofthisprovision, with the knowledge, expressed or implied, ofthe Contractor shall render the
Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: TheContract shallnotbeconstrued ascreating an
bethoseofanindependent contractor. TheContractor agrees and understands that theContract
does notgrantanyrights orprivileges established foremployees of theCityofDenton, Texas for
thepurposes ofincome tax, withholding, social security taxes, vacation orsickleave benefits,
havesupervision and
control oftheContractor oranyemployee oftheContractor, and itisexpressly understood that
Contractor shallperform theservices hereunder according totheattached specifications atthegeneral
direction oftheCity Manager oftheCity ofDenton, Texas, orhisdesignee under thisagreement. The
contractor isexpressly freetoadvertise andperform services forother parties while performing
services fortheCity.
45. ASSIGNMENT-DELEGATION: The Contract shallbebinding upon and ensure tothe
benefit oftheCityandtheContractor andtheir respective successors andassigns, provided
however, thatnoright orinterest intheContract shall beassigned and noobligation shallbe
delegated bytheContractor without theprior written consent oftheCity. Any attempted
assignment ordelegation bytheContractor shall bevoid unlessmade inconformity with this
paragraph. TheContract isnot intended toconfer rightsorbenefits onanyperson, firmorentity
notaparty hereto; itbeing theintention ofthe parties thatthere are nothirdpartybeneficiaries to
the Contract.
46. WAIVER: Noclaim orright arising out ofabreach oftheContract can bedischarged inwhole
orinpartbyawaiver orrenunciation oftheclaim orrightunless thewaiver orrenunciation is
supported byconsideration andisinwriting signed bytheaggrieved party. Nowaiver byeither
theContractor ortheCity ofanyoneormore events ofdefault bytheotherparty shalloperate as,
orbeconstrued tobe, apermanent waiver ofanyrights orobligations under theContract, oran
express orimplied acceptance ofanyother existing orfuture default ordefaults, whether ofa
similar ordifferent character.
47. MODIFICATIONS: TheContract canbemodified oramended only byawriting signed by
bothparties. Nopre-printed orsimilar terms onany theContractor invoice, orderorother
document shall haveanyforce oreffect tochange theterms, covenants, andconditions of the
Contract.
48. INTERPRETATION: TheContract is intended bytheparties asafinal, complete and
exclusive statement oftheterms oftheiragreement. Nocourse ofprior dealing between theparties
orcourse ofperformance orusage ofthetrade shall berelevant tosupplement orexplain any term
used intheContract. Although theContract mayhavebeensubstantially drafted byone party, it
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isthe intent oftheparties thatallprovisions beconstrued inamanner tobefairtoboth parties,
reading noprovisions morestrictly against oneparty ortheother. Whenever aterm defined bythe
Uniform Commercial Code, asenacted bytheStateofTexas, isused inthe Contract, theUCC
definition shall control, unless otherwise defined intheContract.
49. DISPUTE RESOLUTION:
A. Ifadispute arises out oforrelates totheContract, orthebreach thereof, theparties agree to
negotiate prior toprosecuting asuit fordamages. However, thissection doesnotprohibit thefiling
ofalawsuit totolltherunning ofastatute oflimitations ortoseekinjunctive relief. Either party
may makeawritten request for ameeting between representatives ofeachparty within fourteen
14) calendar days after receipt oftherequest orsuch later periodasagreed bytheparties. Each
partyshall include, ataminimum, one (1) senior level individual with decision-making authority
regarding thedispute. Thepurpose ofthisandanysubsequent meeting istoattempt ingood faith
tonegotiate aresolution ofthedispute. If, within thirty (30) calendar daysaftersuchmeeting, the
parties have notsucceeded innegotiating aresolution ofthe dispute, they will proceed directly to
mediation as described below. Negotiation may bewaived byawritten agreement signed byboth
parties, inwhicheventtheparties may proceed directly tomediation asdescribed below.
B. Iftheefforts toresolve thedispute through negotiation fail, ortheparties waive the negotiation
process, theparties mayselect, within thirty (30) calendar days, amediator trained inmediation
skills toassist withresolution ofthedispute. Should they choose thisoption; theCity and the
Contractor agreetoactingood faith intheselection ofthemediator and togive consideration to
qualified individuals nominated toactasmediator. Nothing intheContract prevents theparties
from relying ontheskills ofapersonwhoistrained inthesubject matter ofthedispute oracontract
interpretation expert. Iftheparties failtoagree onamediator within thirty (30) calendar daysof
initiation ofthemediation process, themediator shallbeselected bytheDenton County Alternative
Dispute Resolution Program (DCAP). Theparties agree toparticipate inmediation ingoodfaith
for uptothirty (30) calendar days fromthe date ofthe firstmediation session. TheCity and the
participation such asfeesforanyconsultants orattorneys theymayutilize torepresent them or
otherwise assisttheminthemediation.
50. JURISDICTION AND VENUE: The Contract ismade under andshall begoverned bythe
lawsoftheState ofTexas, including, when applicable, theUniform Commercial Code asadopted
inTexas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding anyrule orprinciple that would
refertoandapply thesubstantive law ofanother stateorjurisdiction. Allissuesarising from this
Contract shallberesolved inthecourts ofDenton County, Texasandthe parties agreetosubmit
totheexclusive personal jurisdiction ofsuch courts. The foregoing, however, shall not be
construed orinterpreted tolimit orrestrict theright orability oftheCitytoseek and secure
injunctive relief from anycompetent authority ascontemplated herein.
51. INVALIDITY: Theinvalidity, illegality, orunenforceability ofanyprovision oftheContract
shall innoway affect thevalidity orenforceability ofany other portion orprovision ofthe
Contract. Anyvoid provision shallbedeemed severed from the Contract and thebalance ofthe
Contract shall beconstrued andenforced asifthe Contract did notcontain theparticular portion
orprovision heldtobevoid. The parties further agreetoreform theContract toreplace any stricken
provision with avalid provision thatcomes ascloseaspossible tothe intent ofthestricken
provision. The provisions ofthis section shallnotprevent this entireContract from being void
should aprovision which isthe essence oftheContract bedetermined tobevoid.
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52. HOLIDAYS: Thefollowing holidays areobserved bytheCity:
MLKDay
Memorial Day
4thofJuly
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
IfaLegalHoliday fallsonSaturday, itwill beobserved onthepreceding Friday. IfaLegal Holiday
falls onSunday, itwill beobserved onthefollowing Monday. Normal hours ofoperation shallbe
between 8:00amand 4:00pm, Monday through Friday, excluding CityofDenton Holidays. Any
scheduled deliveries orwork performance notwithin thenormal hours ofoperation must be
approved bytheCity Manager ofDenton, Texas orhisauthorized designee.
53. SURVIVABILITY OFOBLIGATIONS: Allprovisions ofthe Contract thatimpose
continuing obligations ontheparties, including butnotlimited tothewarranty, indemnity, and
confidentiality obligations oftheparties, shall survivetheexpiration ortermination oftheContract.
54. NON-SUSPENSION ORDEBARMENT CERTIFICATION:
TheCityofDenton isprohibited from contracting withormaking prime orsub-awards toparties
that aresuspended ordebarred orwhose principals aresuspended ordebarred from Federal, State,
orCity ofDenton Contracts. Byaccepting aContract withthe City, theVendor certifies that its
firm anditsprincipals arenotcurrently suspended ordebarred fromdoing business with the
Federal Government, asindicated bytheGeneral Services Administration ListofParties Excluded
fromFederal Procurement andNon-Procurement Programs, theState ofTexas, ortheCity of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity:
discriminatory employment practice. Noperson shall, onthe grounds ofrace, sex, sexual
orientation, age, disability, creed, color, genetic testing, ornational origin, berefused the benefits of,
orbeotherwise subjected todiscrimination under anyactivities resulting from thisRFQ.
B. Americans with Disabilities Act (ADA) Compliance:
engage inanydiscriminatory employment practice against individuals withdisabilities asdefined
intheADA.
56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
Thefollowing federally funded requirements are applicable. A. Definitions. Asused inthis
paragraph
i. "Component" meansanarticle, material, orsupply incorporated directly into anendproduct.
ii. "Costofcomponents" means
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1) Forcomponents purchased bytheContractor, theacquisition cost, including transportation
coststotheplaceofincorporation intotheendproduct (whether ornotsuchcosts arepaidtoa
domestic firm), andany applicable duty (whether ornotaduty-freeentrycertificate isissued); or
2) Forcomponents manufactured bytheContractor, allcostsassociated with themanufacture of
thecomponent, including transportation costs asdescribed inparagraph (1) ofthisdefinition, plus
allocable overhead costs, butexcluding profit. Cost ofcomponents does notinclude any costs
associated withthemanufacture oftheendproduct.
iii. "Domestic end product" means-
1) Anunmanufactured endproduct mined orproduced intheUnited States; or
2) Anend product manufactured inthe United States, ifthecostofitscomponents mined,
produced, ormanufactured intheUnited States exceeds 50 percent ofthecostofallits
components. Components offoreign origin ofthesameclass orkind asthose that theagency
determines arenot mined, produced, ormanufactured insufficient andreasonably available
commercial quantities ofasatisfactory quality aretreated asdomestic. Scrap generated, collected,
andprepared forprocessing intheUnited States isconsidered domestic.
iv. "End product" means those articles, materials, andsupplies tobeacquired under thecontract
forpublic use.
v. "Foreign endproduct" means anendproduct other thanadomestic endproduct.
vi. "United States" means the50States, theDistrict ofColumbia, and outlying areas.
B. TheBuy American Act (41U.S.C. 10a - 10d) provides apreference fordomestic end products
forsupplies acquired foruseintheUnited States.
C. TheCity does not maintain alistofforeign articles that willbetreated asdomestic forthis
Contract; butwillconsider for approval foreign articles asdomestic forthis product ifthearticles
areonalistapproved byanother Governmental Agency. The Offeror shallsubmit documentation
withtheirOffer demonstrating thatthearticle isonanapproved Governmental list.
D. The Contractor shall deliver only domestic endproducts except totheextent that itspecified
delivery offoreign endproducts inthe provision oftheSolicitation entitled "BuyAmerican Act
Certificate".
57. RIGHT TOINFORMATION: The CityofDenton reserves therighttouseanyand all
information presented inanyresponse tothiscontract, whether amended ornot, except as
prohibited bylaw. Selection ofrejection ofthesubmittal doesnotaffect this right.
58. LICENSE FEES ORTAXES: Provided the solicitation requires anawarded contractor or
supplier tobelicensed bythe StateofTexas, anyand allfeesandtaxes aretheresponsibility ofthe
respondent.
59. PREVAILING WAGE RATES: The contractor shallcomply with prevailing wagerates as
defined by theUnited States Department ofLabor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htmandatthe Wage Determinations website www.wdol.gov
forDenton County, Texas (WD-2509).
60. COMPLIANCE WITH ALLSTATE, FEDERAL, AND LOCAL LAWS: The contractor
orsupplier shall comply withallState, Federal, andLocal lawsand requirements. TheRespondent
mustcomply with allapplicable lawsatalltimes, including, without limitation, thefollowing: (i)
36.02ofthe Texas PenalCode, which prohibits bribery; (ii) §36.09oftheTexas Penal Code,
which prohibits theoffering orconferring ofbenefits topublic servants. The Respondent shall give
allnotices andcomply with alllaws andregulations applicable tofurnishing and performance of
the Contract.
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61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shalldemonstrate on-
sitecompliance withtheFederal TaxReform Actof1986, Section 1706, amending Section 530
oftheRevenue Actof1978, dealing with issuance ofForm W-2'stocommon lawemployees.
Respondent isresponsible for bothfederal and State unemployment insurance coverage and
allfederalandStatetaxlawsand withholding requirements. TheCity ofDenton shallnotbeliable
toRespondent oritsemployees foranyUnemployment orWorkers' Compensation coverage, or
federal orState withholding requirements. Contractor shall indemnify theCityofDenton and shall
payallcosts, penalties, orlosses resulting from Respondent'somission orbreach ofthisSection.
62. DRUG FREE WORKPLACE: The contractor shall comply with theapplicable provisions
oftheDrug-Free Work PlaceActof1988 (Public Law100-690, TitleV, Subtitle D; 41U.S.C. 701
ET SEQ.) and maintain adrug-freework environment; andthefinal rule, government-wide
requirements fordrug-free work place (grants), issued bytheOffice ofManagement andBudget
and theDepartment ofDefense (32CFR Part280, Subpart F) toimplement the provisions ofthe
Drug-FreeWork Place Act of1988 isincorporated byreference and the contractor shall comply
with the relevant provisions thereof, including anyamendments tothefinal rule thatmay hereafter
beissued.
63. RESPONDENT LIABILITY FOR DAMAGE TOGOVERNMENT PROPERTY: The
Respondent shallbeliable foralldamages togovernment-owned, leased, oroccupied property and
equipment caused bytheRespondent anditsemployees, agents, subcontractors, andsuppliers,
including anydelivery orcartage company, inconnection with anyperformance pursuant tothe
Contract. TheRespondent shall notify theCity ofDenton Procurement Manager inwriting ofany
suchdamage withinone (1) calendar day.
64. FORCE MAJEURE: TheCityofDenton, any Customer, and theRespondent shallnot be
responsible forperformance under theContract should itbeprevented fromperformance byanact
ofwar, order oflegalauthority, actofGod, orotherunavoidable cause notattributable tothefault
ornegligence ofthe CityofDenton. Intheeventofanoccurrence under this Section, the
Respondent will beexcused from any further performance orobservance ofthe requirements so
affected foraslong assuch circumstances prevail and theRespondent continues touse
commercially reasonable efforts torecommence performance orobservance whenever and to
whatever extent possible without delay. The Respondent shallimmediately notifythe Cityof
Denton Procurement Manager bytelephone (tobeconfirmed inwriting within five (5) calendar
days oftheinception ofsuch occurrence) anddescribe atareasonable levelofdetail the
circumstances causing thenon-performance ordelayinperformance.
65. NON-WAIVER OFRIGHTS: Failure ofaParty torequire performance byanother Party
under theContract willnotaffecttheright ofsuchPartytorequire performance inthefuture. No
delay,
the Contract shalloperate tolimit, impair, preclude, cancel, waiveorotherwise affectsuchright
orremedy. Awaiver byaParty ofanybreach ofanyterm oftheContract willnot beconstrued as
awaiver ofanycontinuing orsucceeding breach.
66. NOWAIVER OFSOVEREIGN IMMUNITY: TheParties expressly agree thatnoprovision
oftheContract isinanyway intended toconstitute awaiver bythe CityofDenton ofany
immunities fromsuitorfrom liability thattheCityofDenton mayhave byoperation oflaw.
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67. RECORDS RETENTION: TheRespondent shall retain allfinancial records, supporting
documents, statistical records, andanyother records orbooks relating totheperformances called
forintheContract. TheRespondent shall retain allsuchrecords foraperiod offour (4) years after
theexpiration oftheContract, oruntiltheCPAorStateAuditor'sOffice issatisfied thatallaudit
andlitigation matters areresolved, whichever period islonger. TheRespondent shallgrant access
toallbooks, records and documents pertinent tothe Contract tothe CPA, theState Auditor of
Texas, andanyfederal governmental entitythat hasauthority to review records duetofederal
fundsbeingspent under theContract.
Should aconflict arisebetween any ofthecontract documents, itshallberesolved with the
following order ofprecedence (ifapplicable). Inany event, thefinalnegotiated contract shall
takeprecedence over any andallcontract documents totheextent ofsuch conflict.
1. Final negotiated contract
2. RFP/Biddocuments
3.
4. Purchase order
5. Supplier terms and conditions
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ExhibitD
INSURANCE REQUIREMENTS AND
COMPENSATION REQUIREMENTS
Upon contract execution, allinsurance requirements shallbecome contractual obligations, which
the successful contractor shall haveaduty tomaintain throughout the course ofthiscontract.
STANDARD PROVISIONS:
Without limiting anyoftheotherobligations orliabilities oftheContractor, theContractor
shallprovide andmaintain untilthecontracted work has been completed and accepted by
theCity ofDenton, Owner, theminimum insurance coverage asindicated hereinafter.
Contractor shallfilewiththePurchasing Department satisfactory certificates ofinsurance
including anyapplicable addendum orendorsements, containing thecontract numberand
titleoftheproject. Contractor may, upon written request tothePurchasing Department,
askforclarification ofanyinsurance requirements atanytime; however, Contractor shall
notcommence anywork ordeliver anymaterial untilheorshereceives notification that
thecontract hasbeen accepted, approved, andsigned bytheCityofDenton.
Allinsurance policies proposed orobtained insatisfaction ofthese requirements shall
comply withthefollowing general specifications, andshallbemaintained incompliance
with these general specifications throughout theduration oftheContract, orlonger, ifso
noted:
EachpolicyshallbeissuedbyacompanyauthorizedtodobusinessintheStateofTexas
withanA.M. BestCompanyratingofatleastAorbetter.
Anydeductiblesorself-insuredretentionsshallbedeclaredintheproposal. Ifrequested
bytheCity, theinsurershallreduceoreliminatesuchdeductiblesorself-insuredretentions
withrespecttotheCity, itsofficials, agents, employeesandvolunteers; or, thecontractor
shallprocureabondguaranteeingpaymentoflossesandrelatedinvestigations, claim
administrationanddefenseexpenses.
Liabilitypoliciesshallbeendorsedtoprovidethefollowing:
NameasAdditionalInsured theCityofDenton, itsOfficials, Agents, Employees
andvolunteers.
ThatsuchinsuranceisprimarytoanyotherinsuranceavailabletotheAdditional
Insured withrespecttoclaimscoveredunderthepolicyandthatthisinsurance
appliesseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbrought.
Theinclusionofmorethanoneinsuredshallnotoperatetoincreasetheinsurer's
limitofliability.
ProvideaWaiverofSubrogationinfavoroftheCityofDenton, itsofficials, agents,
employees, andvolunteers.
Cancellation: City requires 30day written noticeshould anyofthepolicies
described onthecertificate becancelled ormaterially changed before the
expiration date.
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Shouldanyoftherequiredinsurancebeprovidedunderaclaimsmadeform, Contractor
shallmaintainsuchcoveragecontinuously throughoutthetermofthiscontractand,
withoutlapse, foraperiodofthreeyearsbeyondthecontractexpiration, suchthat
occurrences arisingduringthecontracttermwhichgiverisetoclaimsmadeafter
expirationofthecontractshallbecovered.
Shouldanyoftherequiredinsurancebeprovidedunderaformofcoveragethatincludes
ageneralannualaggregatelimitprovidingforclaimsinvestigation orlegaldefensecosts
tobeincludedinthegeneralannualaggregatelimit, theContractorshalleitherdoublethe
occurrencelimitsorobtainOwnersandContractors ProtectiveLiabilityInsurance.
Shouldanyrequiredinsurancelapseduringthecontractterm, requestsforpayments
originatingaftersuchlapseshallnotbeprocesseduntiltheCityreceivessatisfactory
evidenceofreinstatedcoverageasrequiredbythiscontract, effectiveasofthelapsedate.
Ifinsuranceisnotreinstated, Citymay, atitssoleoption, terminatethisagreement
effectiveonthedateofthelapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
Allinsurance policies proposed orobtained insatisfaction ofthisContract shall
additionally comply withthefollowing marked specifications, andshallbemaintained in
compliance withthese additional specifications throughout theduration oftheContract,
orlonger, ifsonoted:
X\] A. General Liability Insurance:
GeneralLiabilityinsurancewithcombinedsinglelimitsofnotlessthan $1,000,000.00
shallbeprovidedandmaintainedbytheContractor. Thepolicyshallbewrittenonan
occurrencebasiseitherinasinglepolicyorinacombinationofunderlying and
umbrellaorexcesspolicies.
IftheCommercialGeneralLiabilityform (ISOFormCG0001currentedition) isused:
CoverageAshallincludepremises, operations, products, andcompleted
operations, independentcontractors, contractual liabilitycoveringthis
contractandbroadformpropertydamagecoverage.
CoverageBshallincludepersonalinjury.
CoverageC, medicalpayments, isnotrequired.
IftheComprehensiveGeneralLiabilityform (ISOFormGL0002CurrentEdition
andISOFormGL0404) isused, itshallincludeatleast:
BodilyinjuryandPropertyDamageLiabilityforpremises, operations, products
andcompletedoperations, independentcontractorsandpropertydamage
resultingfromexplosion, collapseorunderground (XCU) exposures.
Broadformcontractualliability (preferablybyendorsement) coveringthis
contract, personalinjuryliabilityandbroadformpropertydamageliability.
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X\] Automobile Liability Insurance:
Contractor shallprovideCommercialAutomobileLiabilityinsurancewithCombinedSingle
Limits (CSL) ofnotlessthan $500,000 eitherinasinglepolicyorinacombinationofbasic
andumbrellaorexcesspolicies. Thepolicywillincludebodilyinjuryandpropertydamage
liabilityarisingoutoftheoperation, maintenanceanduseofallautomobilesandmobile
equipmentusedinconjunctionwiththiscontract.
Satisfaction oftheaboverequirementshallbeintheformofapolicyendorsement for:
anyauto, or
allownedhiredandnon-ownedautos.
X\] Workers Compensation Insurance
ContractorshallpurchaseandmaintainWorkers Compensationinsurancewhich, in
additiontomeetingtheminimumstatutoryrequirements forissuanceofsuchinsurance,
hasEmployer'sLiabilitylimitsofatleast $100,000foreachaccident, $100,000pereach
employee, anda $500,000policylimitforoccupational disease. TheCityneednotbe
namedasan "Additional Insured" buttheinsurershallagreetowaiveallrightsof
subrogationagainsttheCity, itsofficials, agents, employeesandvolunteers foranywork
performedfortheCitybytheNamedInsured. Forbuildingorconstruction projects, the
Contractor shallcomplywiththeprovisionsofAttachment 1inaccordance with §406.096
oftheTexasLaborCodeandrule28TAC110.110oftheTexasWorkersCompensation
Commission (TWCC).
Owner'sand Contractor'sProtective Liability Insurance
TheContractorshallobtain, payforandmaintainatalltimesduringtheprosecutionofthe
workunderthiscontract, anOwner'sandContractor'sProtectiveLiabilityinsurancepolicy
namingtheCityasinsuredforpropertydamageandbodilyinjurywhichmayariseinthe
prosecution oftheworkorContractor'soperationsunderthiscontract. Coverageshallbe
thatcarriestheContractor'sliabilityinsurance. Policylimitswillbeatleast $500,000.00
combined bodilyinjuryandpropertydamageperoccurrencewitha $1,000,000.00
aggregate.
Fire Damage Legal Liability Insurance
CoverageisrequiredifBroadformGeneralLiabilityisnotprovidedorisunavailabletothe
contractororifacontractorleasesorrentsaportionofaCitybuilding. Limitsofnotless
than eachoccurrencearerequired.
Professional Liability Insurance
Professionalliabilityinsurancewithlimitsnotlessthan $1,000,000.00 perclaimwith
respecttonegligentacts, errorsoromissionsinconnectionwithprofessional servicesis
requiredunderthisAgreement.
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Builders' Risk Insurance
Builders' RiskInsurance, onanAll-Riskformfor100% ofthecompleted valueshallbe
provided. Suchpolicyshallincludeas "NamedInsured" theCityofDentonandall
subcontractors astheirinterestsmayappear.
Environmental Liability Insurance
Environmental liabilityinsurancefor $1,000,000tocoverallhazardscontemplatedbythis
contract.
Riggers Insurance
Saidcoveragemaybe
tingCGLcoverage; throughand
Installation Floatercoveringriggingcontractors; orthroughISOformIH00911211,
Saidcoverageshallmirrorthelimitsprovidedbythe
CGLcoverage
Commercial Crime
Providescoverageforthetheftordisappearance ofcashorchecks, robberyinside/outside
thepremises, burglaryofthepremises, andemployeefidelity. Theemployeefidelity
ployees,
includingnewhires. Thistypeinsuranceshouldberequiredifthecontractorhasaccess
toCityfunds. Limitsofnotlessthan $ eachoccurrencearerequired.
Additional Insurance
Otherinsurancemayberequiredonanindividual basisforextrahazardouscontractsand
specificserviceagreements. Ifsuchadditionalinsurance isrequiredforaspecific
contract, thatrequirementwillbedescribedinthe "SpecificConditions" ofthecontract
specifications.
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ATTACHMENT 1
X\]
GovernmentalEntities
A. Definitions:
Certificate ofcoverage ("certificate")-Acopyofacertificate ofinsurance, a
certificate ofauthoritytoself-insureissuedbythe commission, oracoverage
agreement (TWCC-81, TWCC-82, TWCC-83, orTWCC-84), showingstatutory
workers' compensation insurance coverage fortheperson'sorentity's
employees providing services onaproject, fortheduration oftheproject.
Duration oftheproject - includes thetimefromthebeginning ofthework on
theprojectuntilthecontractor's/person'sworkontheprojecthasbeen
completed andaccepted bythegovernmental entity.
Persons providing services ontheproject ("subcontractor" in §406.096) -
includes allpersons orentitiesperforming allorpartoftheservices the
contractor hasundertaken toperform ontheproject, regardless ofwhether
thatperson contracted directly withthecontractor andregardless ofwhether
that person has employees. This includes, withoutlimitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees ofanysuchentity, oremployees ofanyentity which
furnishes persons toprovide services ontheproject. "Services" include,
without limitation, providing, hauling, ordelivering equipment ormaterials, or
providing labor, transportation, orotherservice related toaproject. "Services"
doesnot include activities unrelated totheproject, suchasfood/beverage
vendors, officesupply deliveries, anddelivery ofportable toilets.
B. The contractor shallprovide coverage, basedon proper reporting of
classification codesandpayroll amounts and filing ofany overage
agreements, whichmeetsthestatutory requirements ofTexasLaborCode,
Section 401.011(44) forallemployees oftheContractor providing serviceson
theproject, fortheduration oftheproject.
C. TheContractor mustprovide acertificate ofcoverage tothegovernmental
entitypriortobeing awardedthecontract.
D. Ifthecoverageperiodshown onthecontractor'scurrentcertificate ofcoverage
ends during theduration oftheproject, thecontractor must, prior totheendof
thecoverage period, fileanewcertificate ofcoverage withthegovernmental
entityshowing thatcoverage hasbeenextended.
E. Thecontractor shallobtain fromeachpersonproviding services onaproject,
andprovide tothegovernmental entity:
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1. acertificate ofcoverage, priortothatperson beginning workonthe
project, sothe governmental entity willhave onfilecertificates of
coverage showing coverage forallpersons providing services onthe
project; and
2. nolater thansevendaysafterreceipt bythe contractor, anewcertificate
ofcoverage showing extension ofcoverage, ifthe coverage period
shown onthecurrentcertificate ofcoverage endsduring theduration of
the project.
F. Thecontractor shall retain allrequired certificates ofcoverage fortheduration
oftheproject andforoneyearthereafter.
G. Thecontractor shallnotifythegovernmental entity inwritingbycertifiedmail
orpersonal delivery, within 10daysafter thecontractor kneworshouldhave
known, ofanychange thatmaterially affects theprovision ofcoverage ofany
person providing services ontheproject.
H. Thecontractor shallpostoneachprojectsiteanotice, inthetext, formand
mannerprescribed bytheTexas Workers' Compensation Commission,
informing allpersons providing services ontheprojectthattheyarerequired
tobecovered, andstating how aperson mayverifycoverage andreport lack
ofcoverage.
I. Thecontractor shallcontractually require eachperson withwhom itcontracts
toprovide services onaproject, to:
1. provide coverage, based onproper reporting ofclassification codesand
payroll amounts andfilingofanycoverage agreements, whichmeets the
statutoryrequirements ofTexasLaborCode, Section401.011(44) forallof
itsemployees providing services ontheproject, fortheduration ofthe
project;
2. providetothecontractor, priortothatperson beginning workontheproject,
acertificate ofcoverage showingthatcoverage isbeingprovided forall
employees oftheperson providing services ontheproject, fortheduration
oftheproject;
3. provide thecontractor, priortotheendofthecoverage period, anew
certificate ofcoverage showingextension ofcoverage, ifthecoverage
period shownonthecurrent certificate ofcoverage endsduringtheduration
oftheproject;
4. obtain fromeachotherpersonwithwhomitcontracts, andprovide tothe
contractor:
a. acertificate ofcoverage, priortotheother person beginning work onthe
project; and
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b. anewcertificate ofcoverage showing extension ofcoverage, priortothe
endofthecoverageperiod, ifthecoverage periodshownonthecurrent
certificate ofcoverage ends during theduration ofthe project;
5. retainallrequired certificates ofcoverage onfilefortheduration ofthe
projectandforoneyearthereafter;
6. notifythegovernmental entity inwriting bycertified mailorpersonal
delivery, within10daysafterthepersonkneworshould haveknown, ofany
change that materially affectstheprovision ofcoverage ofanyperson
providing servicesontheproject; and
7. Contractually require eachperson withwhom itcontracts, to perform as
required byparagraphs (1) - (7), with thecertificates ofcoverage tobe
provided tothepersonforwhomtheyareproviding services.
J. Bysigningthiscontract orproviding orcausingtobeprovided acertificate of
coverage, thecontractor is representing tothegovernmental entitythatall
employees ofthecontractor who willprovide services ontheprojectwill be
covered byworkers' compensation coverage fortheduration oftheproject,
thatthecoverage willbebased onproperreporting ofclassification codes and
payrollamounts, andthat allcoverage agreements willbefiledwith the
appropriate insurance carrier or, inthecase ofaself-insured, with the
commission'sDivision ofSelf-Insurance Regulation. Providing falseor
misleading information maysubject thecontractor toadministrative penalties,
criminal penalties, civil penalties, orothercivilactions.
K. Th
contract bythecontractor whichentitles thegovernmental entitytodeclare the
contract voidifthecontractor does notremedythebreach within tendaysafter
receipt ofnoticeofbreach fromthegovernmental entity.
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Exhibit E
Certificate ofInterested Parties Electronic Filing
In2015, theTexas Legislature adopted House Bill1295, whichadded section 2252.908ofthe
Government Code. Thelawstates thatthe Citymay notenter intothiscontract unless the
Contractor submits adisclosure ofinterested parties (Form1295) totheCityatthe timethe
Contractor submits thesigned contract. The TexasEthicsCommission hasadopted rulesrequiring
thebusiness entity tofileForm1295 electronically with theCommission.
Contractor will berequired tofurnish aCertificate ofInterest Parties before thecontract is
awarded, inaccordance withGovernment Code 2252.908.
The contractor shall:
1. Log onto the StateEthics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing thetutorial provided bytheState
3. Printacopyofthecompleted Form 1295
4. EntertheCertificate Number onpage 2ofthiscontract.
5. Complete andsigntheForm 1295
6. Email theform topurchasing@cityofdenton.comwiththecontract number inthesubject line.
EX: Contract 1234 Form1295)
The City mustacknowledge thereceipt ofthefiledForm 1295not laterthan the 30thdayafter
Council award. Once aForm 1295isacknowledged, itwillbeposted tothe Texas Ethics
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EXHIBIT F
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DaЉЉЋ AROnumber
of (Days) Est. tocomingouttoITEMAnnualUOMTreeRemovalaccordingtoANSIZ133.1
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Service Jobsite Quantity Iwa /ƩĻǞ ў ΛЊΜƩĻĻ ĭƌźƒĬĻƩ Ώ
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DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Exhibit
House Bill89 - Government Code 2270
VERIFICATION
I, _______________________________________________, theundersigned
representativeof ______________________________CompanyorBusinessname
hereafterreferredtoascompany), being anadultovertheageofeighteen (18)
yearsofage, verifythatthecompanynamed-above, undertheprovisionsof
SubtitleF, Title10, GovernmentCodeChapter2270:
1. DoesnotboycottIsraelcurrently; and
2. WillnotboycottIsraelduringthetermofthecontracttheabove-named
Company, businessorindividualwithCityofDenton.
Pursuant toSection 2270.001, Texas Government Code:
1.
with, orotherwise taking anyaction that isintended topenalize, inflict
economic harm on, orlimit commercial relations specifically withIsrael, or
withaperson orentity doing business inIsrael orinan Israeli-controlled
territory, butdoes notinclude anaction made forordinary business
purposes; and
2. -profit sole proprietorship, organization,
association, corporation, partnership, joint venture, limited partnership,
limited liability partnership, oranylimited liability company, including a
wholly owned subsidiary, majority-owned subsidiary, parent company or
affiliate ofthose entities orbusiness associations that exist tomake aprofit.
NameofCompanyRepresentative (Print)
SignatureofCompanyRepresentative
Date
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Exhibit
Senate Bill 252 -Government Code 2252
CERTIFICATION
I, ______________________________________________, theundersigned
representativeof ________________________________________________
Companyorbusinessname) beinganadultovertheageofeighteen (18) yearsof
age, pursuanttoTexasGovernmentCode, Chapter2252, Section2252.152and
Section2252.153, certifythatthecompanynamedaboveisnotlistedonthe
websiteoftheComptrolleroftheStateofTexasconcerningthelistingof
companiesthatareidentifiedunderSection806.051, Section807.051orSection
2253.153. Ifurthercertifythatshouldtheabove-namedcompanyenterintoa
contractthatisonsaidlistingofcompaniesonthewebsiteoftheComptrollerof
theStateofTexaswhichdobusinesswithIran, SudanoranyForeignTerrorist
ManagementDepartment.
NameofCompanyRepresentative (Print)
SignatureofCompanyRepresentative
Date
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Exhibit
CONFLICTOFINTERESTQUESTIONNAIRE - FORMCIQ
Forvendororotherpersondoingbusinesswithlocalgovernmentalentity
Thisquestionnaire reflectschangesmadetothelawbyH.B. 23, 84thLeg., RegularSession.
This questionnaire isbeing filed inaccordance withChapter 176, Local Government Code, byavendor whohasabusiness relationship as
defined bySection 176.001(1-a) with alocal governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must befiled with therecords administrator ofthelocal government entity notlater than the 7thbusiness day after
the date thevendor becomes aware offacts that require thestatement tobefiled. SeeSection 176.006(a-1), Local Government Code.
Avendor commits anoffense ifthevendor knowingly violates Section 176.006, Local Government Code. Anoffense under thissection isa
misdemeanor.
Nameofvendor whohasabusiness relationship withlocalgovernmental entity. 1
2 Check thisboxifyouarefilinganupdatetoapreviously filedquestionnaire.
thThelawrequiresthatyoufileanupdatedcompletedquestionnairewiththeappropriatefilingauthoritynotlaterthanthe7business
dayafterthedateonwhichyoubecame aware thattheoriginally filedquestionnaire was incomplete orinaccurate.)
3 Name oflocalgovernment officer about whom theinformation inthissection isbeingdisclosed.
Name ofOfficer
Thissection, (item 3including subparts A, B, C & D), must becompleted foreach officer with whom thevendor hasanemployment orother business relationship
asdefined bySection 176.001(1-a), Local Government Code. Attachadditional pages tothisFormCIQ asnecessary.
A. Isthelocalgovernment officer named inthissection receiving orlikelytoreceive taxable income, other than investment income, from thevendor?
Yes No
B. Isthevendor receiving orlikely toreceive taxable income, other than investment income, from oratthedirection ofthelocalgovernment officer
named inthis section AND thetaxable income isnot received from thelocal governmental entity?
Yes No
C. Isthefiler ofthisquestionnaire employed byacorporation orother business entitywithrespect towhich thelocal government officer serves asan
officer ordirector, orholdsanownership ofonepercent ormore?
Yes No
D. Describe eachemployment orbusiness andfamily relationship withthelocal government officer named inthis section.
4 IhavenoConflictofInterest todisclose.
5
Signature ofvendor doing business withthegovernmental entity Date
Certificate OfCompletion
Envelope Id: A4AAEC2804FD46EEA0FF561B6E7853A8Status: Completed
Subject: Please DocuSign: City Council Contract 6870
Source Envelope:
Document Pages: 35Signatures: 8Envelope Originator:
Certificate Pages: 6Initials: 0Jody Word
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-08:00) Pacific Time (US & Canada)jody.word@cityofdenton.com
IPAddress: 129.120.6.150
Record Tracking
Status: OriginalHolder: Jody WordLocation: DocuSign
10/16/2018 11:07:23AM jody.word@cityofdenton.com
Signer EventsSignatureTimestamp
Jody WordSent: 10/16/2018 11:10:31 AMCompleted
jody.word@cityofdenton.comViewed: 10/16/2018 11:10:44 AM
BuyerSigned: 10/16/2018 11:12:45 AM
Using IPAddress: 129.120.6.150CityofDenton
Security Level: Email, Account Authentication
None)
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
Mack ReinwandSent: 10/16/2018 11:12:48 AM
mack.reinwand@cityofdenton.comViewed: 10/16/2018 11:21:12 AM
City of DentonSigned: 10/16/2018 11:22:09 AM
Security Level: Email, Account Authentication Signature Adoption: Pre-selected StyleNone)
Using IPAddress: 129.120.6.150
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
Brent VaughanSent: 10/16/2018 11:22:11 AM
brentvaughan@tx.rr.comViewed: 10/16/2018 11:38:41 AM
PresidentSigned: 10/16/2018 11:48:11 AM
EliteTree Service LLC Signature Adoption: Drawn onDeviceSecurityLevel: Email, Account Authentication Using IPAddress: 76.182.216.127None)
ElectronicRecordandSignatureDisclosure:
Accepted: 10/16/2018 11:38:41AM
ID: 8e705f89-2d83-4c83-a0a6-64175fa1d235
Gary PackanSent: 10/16/2018 11:48:13 AM
Gary.packan@cityofdenton.comViewed: 10/16/2018 11:56:50 AM
Director of Parks and RecreationSigned: 10/16/2018 11:57:38 AM
Security Level: Email, Account Authentication Signature Adoption: Drawn onDeviceNone)
Using IPAddress: 47.190.47.120
Signed using mobile
ElectronicRecordandSignatureDisclosure:
Accepted: 10/16/2018 11:56:50AM
ID: 24269a46-40f6-4b12-b348-3519aaead46f
Signer EventsSignatureTimestamp
Tabitha MillsopSent: 10/16/2018 11:57:40 AMCompleted
tabitha.millsop@cityofdenton.comViewed: 11/7/2018 8:11:21 AM
City of DentonSigned: 11/7/2018 8:11:38 AM
Using IPAddress: 129.120.6.150SecurityLevel: Email, Account Authentication
None)
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
Todd HilemanSent: 11/7/2018 8:11:42 AM
Todd.Hileman@cityofdenton.comViewed: 11/7/2018 8:48:24 AM
City ManagerSigned: 11/7/2018 8:48:32 AM
City ofDenton Signature Adoption: Pre-selected StyleSecurityLevel: Email, Account Authentication Using IPAddress: 47.190.47.120None)
Signed using mobile
ElectronicRecordandSignatureDisclosure:
Accepted: 7/25/2017 9:02:14AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer WaltersSent: 11/7/2018 8:48:34 AM
jennifer.walters@cityofdenton.comViewed: 11/8/2018 11:36:58 AM
City SecretarySigned: 11/8/2018 11:37:21 AM
City ofDenton Signature Adoption: Pre-selected StyleSecurityLevel: Email, Account Authentication Using IPAddress: 129.120.6.150None)
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
InPerson Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Sherri ThurmanSent: 10/16/2018 11:12:47 AM
sherri.thurman@cityofdenton.com
City ofDenton
Security Level: Email, Account Authentication
None)
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
Jane RichardsonSent: 11/7/2018 8:11:41 AM
jane.richardson@cityofdenton.com
Assistant CitySecretary
City ofDenton
Security Level: Email, Account Authentication
None)
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
Carbon Copy EventsStatusTimestamp
Jennifer BridgesSent: 11/8/2018 11:37:24 AM
jennifer.bridges@cityofdenton.com
Procurement Assistant
City ofDenton
Security Level: Email, Account Authentication
None)
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
Jane RichardsonSent: 11/8/2018 11:37:25 AM
jane.richardson@cityofdenton.comViewed: 11/9/2018 2:03:57 PM
Assistant CitySecretary
City ofDenton
Security Level: Email, Account Authentication
None)
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
Russell KochSent: 11/8/2018 11:37:26 AM
Russell.Koch@cityofdenton.comViewed: 11/9/2018 5:18:33 AM
Security Level: Email, Account Authentication
None)
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
Marshall McGeeSent: 11/8/2018 11:37:27 AM
Marshall.McGee@cityofdenton.comViewed: 11/8/2018 1:09:41 PM
Security Level: Email, Account Authentication
None)
ElectronicRecordandSignatureDisclosure:
Not Offered viaDocuSign
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted11/8/2018 11:37:27 AM
Certified DeliveredSecurity Checked11/8/2018 11:37:27 AM
Signing CompleteSecurity Checked11/8/2018 11:37:27 AM
CompletedSecurity Checked11/8/2018 11:37:27 AM
Payment EventsStatusTimestamps
Electronic Record andSignature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
Fromtimetotime, CityofDenton (we, usorCompany) mayberequired bylawtoprovide to
youcertainwritten noticesordisclosures. Described belowarethetermsandconditions for
providing toyousuchnoticesanddisclosures electronically throughyourDocuSign, Inc.
DocuSign) Express useraccount. Pleasereadtheinformation belowcarefullyandthoroughly,
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andconditions, pleaseconfirmyouragreement byclickingthe 'Iagree' button atthebottomof
thisdocument.
Getting paper copies
Atanytime, youmayrequestfromusapapercopyofanyrecordprovided ormadeavailable
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Ifyoudecide toreceivenoticesanddisclosures fromuselectronically, youmayatanytime
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ortosignelectronically documents fromus.
Allnotices and disclosures will be sent toyou electronically
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electronically toyouthroughyourDocuSignuseraccount allrequired notices, disclosures,
authorizations, acknowledgements, andotherdocuments thatarerequiredtobeprovided or
madeavailabletoyouduringthecourseofourrelationship withyou. Toreducethechanceof
youinadvertently notreceivinganynoticeordisclosure, weprefertoprovidealloftherequired
noticesanddisclosures toyoubythesamemethodandtothesameaddressthatyouhavegiven
us. Thus, youcanreceiveallthedisclosuresandnoticeselectronicallyorinpaperformatthrough
thepapermaildeliverysystem. Ifyoudonotagreewiththisprocess, pleaseletusknowas
describedbelow. Pleasealsoseetheparagraph immediately abovethatdescribes the
consequences ofyourelectingnottoreceivedeliveryofthenoticesanddisclosures
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How to contact City ofDenton:
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torequestpapercopiesofcertaininformation fromus, andtowithdrawyourpriorconsentto
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byustoyouelectronically, youmustsendusane-mailtopurchasing@cityofdenton.comandin
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ELECTRONIC RECORDANDSIGNATURE DISCLOSURES document; and
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Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
$ !
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Contract # 6870
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AN ELITE TREE SERVICE, L.L.C.
(CONTRACT 6870)
THIS CONTRACT is made and entered into this date ______________________, by
and between Elite Tree Service, L.L.C., a Texas limited liability company, whose address is 6109
Westerley Dr., Plano. TX 75093, hereinafter referred to as "Contractor," 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 and/or services in accordance with the City’s document
IFB 6870 - Tree Trimming & Removal Services, 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 and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s IFB 6870 (Exhibit “B” on File at the Office of the Purchasing Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Insurance Requirements (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit "E");
(f) Contractor’s Proposal (Exhibit "F");
(g) House Bill 89 Verification (Exhibit “G”)
(h) Senate Bill 252 Certification (Exhibit “H”)
(i) Form CIQ – Conflict of Interest Questionnaire (Exhibit "I");
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.”
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Contract # 6870
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
BY: ______________________________
AUTHORIZED SIGNATURE
Date: _______________________________
Printed Name: ________________________
Title: _______________________________
___________________________________
PHONE NUMBER
___________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY BY:
TODD HILEMAN
CITY MANAGER
BY: __________________________________ Date:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
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Contract # 6870
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $350,000. Pricing shall be per Exhibit F attached.
2. Contract Terms
It is the intention of the City of Denton to award a contract for a three (3) year period. The City and
the Awarded Contractor 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.
3. Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment annually. The escalation/de-
escalation will be based upon manufacturer published pricing sheets to the vendor. The price will
be increased or decreased based upon the annually percentage change in the manufacturer’s price
list. The price adjustment will be determined annually from the award date. Should the change
exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall
be adjusted in accordance with the published price change. It is the supplier or the Cities
responsibility to request a price adjustment annually in writing. If no request is made, then it will
be assumed that the bid price will be in effect. The supplier must submit or make available the
manufacturers pricing sheet used to calculate the bid proposal, to participate in the
escalation/de-escalation clause.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Contract # 6870
Exhibit C
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.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Contract # 6870
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
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
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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
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.
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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.
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.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
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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
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.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
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23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms 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.
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30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor’s
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
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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
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.
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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 effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
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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
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
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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
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.
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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,
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
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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
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.
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52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
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 –
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(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation
with their Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
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61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-
site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
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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
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Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
x Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
x Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
x Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
x Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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x Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
x Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
x Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
x Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
x Coverage B shall include personal injury.
x Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
x Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
x Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Contract # 6870
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
x any auto, or
x all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Contract # 6870
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Contract # 6870
ATTACHMENT 1
[X] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Contract # 6870
1. a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Contract # 6870
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Contract # 6870
Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Respondent's Business Name
Principal Place of Business (City and State)
ITEM
Est.
Annual
Quantity
UOM Pruning accoding to ANSI A300 standards Cost of Service
Crew
ARO number of
(Days) to coming out
to Jobsite
1 120 HR 2 Man Crew = (1) Tree climber - (1) Ground Man $98.00 2
2 120 HR 3 Man Crew = (2) Tree Climbers - (1) Ground Man $147.00 2
ITEM
Est.
Annual
Quantity
UOM Tree Removal according to ANSI Z133.1 standards Cost of Service
ARO number of (Days)
to coming out to
Jobsite
3 75 HR 2 Man Crew = (1) Tree climber - (1) Ground Man $98.00 2
4 75 HR 3 Man Crew = (2) Tree Climbers - (1) Ground Man $147.00 2
ITEM
Est.
Annual
Quantity
UOM Emergency Response Cost of Service
ARO number of (Days)
to coming out to
Jobsite
5 30 HR 2 Man Crew = (1) Tree climber - (1) Ground Man $98.00 1
6 30 HR 3 Man Crew = (2) Tree Climbers - (1) Ground Man $147.00 1
ITEM
Est.
Annual
Quantity
UOM General Services - Optional Cost of Service
ARO number of (Days)
to coming out to
Jobsite
1 400 Inch Stump Grinding $2.50 2
2 400 CuYd. Disposal Fee $4.64 na
IFB 6870 Pricing Sheet for Tree Trimming & Removal Services
Elite Tree Service LLC
Plano TX
EXHIBIT F
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
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. “Boycott Israel” means refusing to deal with, terminating business activities
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. “Company” means a for-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: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
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
Organization, I will immediately notify the City of Denton’s Materials
Management Department.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: A4AAEC28-04FD-46EE-A0FF-561B6E7853A8
Certificate Of Completion
Envelope Id: A4AAEC2804FD46EEA0FF561B6E7853A8 Status: Completed
Subject: Please DocuSign: City Council Contract 6870
Source Envelope:
Document Pages: 35 Signatures: 8 Envelope Originator:
Certificate Pages: 6 Initials: 0 Jody Word
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
901B Texas Street
Denton, TX 76209
jody.word@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
10/16/2018 11:07:23 AM
Holder: Jody Word
jody.word@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Jody Word
jody.word@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 10/16/2018 11:10:31 AM
Viewed: 10/16/2018 11:10:44 AM
Signed: 10/16/2018 11:12:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 10/16/2018 11:12:48 AM
Viewed: 10/16/2018 11:21:12 AM
Signed: 10/16/2018 11:22:09 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brent Vaughan
brentvaughan@tx.rr.com
President
Elite Tree Service LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 76.182.216.127
Sent: 10/16/2018 11:22:11 AM
Viewed: 10/16/2018 11:38:41 AM
Signed: 10/16/2018 11:48:11 AM
Electronic Record and Signature Disclosure:
Accepted: 10/16/2018 11:38:41 AM
ID: 8e705f89-2d83-4c83-a0a6-64175fa1d235
Gary Packan
Gary.packan@cityofdenton.com
Director of Parks and Recreation
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 47.190.47.120
Signed using mobile
Sent: 10/16/2018 11:48:13 AM
Viewed: 10/16/2018 11:56:50 AM
Signed: 10/16/2018 11:57:38 AM
Electronic Record and Signature Disclosure:
Accepted: 10/16/2018 11:56:50 AM
ID: 24269a46-40f6-4b12-b348-3519aaead46f
Signer Events Signature Timestamp
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 10/16/2018 11:57:40 AM
Viewed: 11/7/2018 8:11:21 AM
Signed: 11/7/2018 8:11:38 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Sent: 11/7/2018 8:11:42 AM
Viewed: 11/7/2018 8:48:24 AM
Signed: 11/7/2018 8:48:32 AM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 11/7/2018 8:48:34 AM
Viewed: 11/8/2018 11:36:58 AM
Signed: 11/8/2018 11:37:21 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Ierson Signer Events Signature Timestamp
Editor DeliverI Events Status Timestamp
Igent DeliverI Events Status Timestamp
IntermediarI DeliverI Events Status Timestamp
Certified DeliverI Events Status Timestamp
CarIon CopI Events Status Timestamp
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/16/2018 11:12:47 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/7/2018 8:11:41 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
CarIon CopI Events Status Timestamp
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/8/2018 11:37:24 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/8/2018 11:37:25 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Russell Koch
Russell.Koch@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 11/8/2018 11:37:26 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marshall McGee
Marshall.McGee@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 11/8/2018 11:37:27 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
IotarI Events Signature Timestamp
Envelope SummarI Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/8/2018 11:37:27 AM
Certified Delivered Security Checked 11/8/2018 11:37:27 AM
Signing Complete Security Checked 11/8/2018 11:37:27 AM
Completed Security Checked 11/8/2018 11:37:27 AM
IaIment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
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you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
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the paper mail delivery system. If you do not agree with this process, please let us know as
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electronically from us.
%#"! "#! !%&#
$ "$&##%"!
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How to contact City of Denton:
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ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND ELITE TREE SERVICE, L.L.C.,
AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON NOVEMBER 6, 2018, IN
THE NOT-TO-EXCEED AMOUNT OF $350,000.00; SAID FIRST AMENDMENT TO
CONTINUE TO PROVIDE TREE TRIMMING AND REMOVAL FOR CITY DEPARTMENTS
NEEDING SUCH WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (IFB 6870 PROVIDING FOR AN ADDITIONAL
FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $87,500.00, WITH THE
TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $437,500.00).
WHEREAS, on November 6, 2018, City Council awarded a contract to Elite Tree Service,
L.L.C. in the amount of $350,000.00, for tree trimming and removal services for Parks and
Recreation and other City of Denton Departments; and
WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable
and are consistent with, and not higher than, the recommended practices and fees applicable to the
, and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment, increasing the amount of the contract between the City
and Elite Tree Service, L.L.C., which is on file in the office of the Purchasing Agent, in the amount
of Eighty-Seven Thousand Five Hundred and 0/100 ($87,500.00) Dollars, is hereby approved, and
the expenditure of funds therefor is hereby authorized in accordance with said amendment which
shall be effective upon the execution of the amendment attached hereto. The total contract amount
increases to $437,500.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: ________________________________
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 50ACB6E0-76F8-447D-B166-C06A44FE2CE2
Tree Trimming & Removal Services
IFB
Erica Garcia
Yes
6870
1
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND ELITE TREE SERVICE, L.L.C. 6870
THIS FIRST AMENDMENT TO CONTRACT 6870 (this “Amendment”) by and
between the City of Denton, Texas (“City”) and ELITE TREE SERVICE, L.L.C.
(“Contractor”) to that certain contract executed on November 6, 2018, in the original not-
to-exceed amount of $350,000 (the “Agreement”); for services related to the Tree
Trimming & Removal Services
WHEREAS, the City deems it necessary to further expand the services provided by
Contractor to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $87,500 with this First Amendment for an aggregate not-to-exceed
amount of $437,500; and
WHEREAS, the City deems it necessary to further expand the goods/services
provided by Contractor to the City; and
WHEREAS, the original not-to-exceed amount may not be increased by more than
25.0% as provided in Texas Local Government Code Sec. 252.048; and
NOW THEREFORE, the City and Contractor (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following First Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. This Amendment modifies the Agreement amount to provide an additional $87,500
for additional services and materials to be provided in accordance with the terms of
the Agreement with a revised aggregate not-to-exceed total of $437,500.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Contractor, have each executed this
Amendment, by and through their respective duly authorized representatives and officers
on this date_______________________________________.
DocuSign Envelope ID: 50ACB6E0-76F8-447D-B166-C06A44FE2CE2
2
“CONTRACTOR”
ELITE TREE SERVICE, L.L.C.
By: _____________________________
AUTHORIZED SIGNATURE,
TITLE
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: _____________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
By: _________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By: _________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 50ACB6E0-76F8-447D-B166-C06A44FE2CE2
Parks & Recreation
Director of Parks and Recreation
Gary Packan
Certificate Of Completion
Envelope Id: 50ACB6E076F8447DB166C06A44FE2CE2 Status: Sent
Subject: Please DocuSign: City Council Contract 6870 Amendment 1
Source Envelope:
Document Pages: 3 Signatures: 3 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/21/2021 6:55:48 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 12/21/2021 7:00:43 AM
Viewed: 12/21/2021 7:00:51 AM
Signed: 12/21/2021 7:01:55 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/21/2021 7:01:57 AM
Viewed: 12/21/2021 7:52:57 AM
Signed: 12/21/2021 7:53:16 AM
Electronic Record and Signature Disclosure:
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Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
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Signed: 12/21/2021 2:36:35 PM
Electronic Record and Signature Disclosure:
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Brent Vaughan
brentvaughan@tx.rr.com
President
Elite Tree Service LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 76.187.195.210
Signed using mobile
Sent: 12/21/2021 2:36:38 PM
Viewed: 12/22/2021 7:20:13 AM
Signed: 12/22/2021 7:21:22 AM
Electronic Record and Signature Disclosure:
Accepted: 10/16/2018 1:38:41 PM
ID: 8e705f89-2d83-4c83-a0a6-64175fa1d235
Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 70.236.192.51
Sent: 12/22/2021 7:21:24 AM
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Signed: 12/22/2021 9:37:16 AM
Electronic Record and Signature Disclosure:
Accepted: 12/22/2021 9:36:55 AM
ID: e3851d76-6b6a-4fb4-a11c-30f962ac04a7
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/22/2021 9:37:19 AM
Viewed: 12/27/2021 8:12:46 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/28/2021 2:42:27 PM
ID: 0b3390f8-09ae-46ee-a62f-d0a63d0bd15c
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/21/2021 7:01:57 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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Sent: 12/22/2021 9:37:19 AM
Viewed: 12/29/2021 9:20:19 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
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Marshall McGee
marshall.mcgee@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/26/2021 7:47:18 AM
ID: 68609e18-6efb-4da3-8dfc-f1caf18e5574
Witness Events Signature Timestamp
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Brent Vaughan, Gary Packan, Rosa Rios, Marshall McGee
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-078,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a Professional Services Agreement with Parkhill,Smith &Cooper,Inc.,for
professional design services for Fire Station No.9 for the Facilities Management Department;providing for the
expenditure of funds therefor;and providing an effective date (RFQ 7818-002 -awarded to Parkhill,Smith &
Cooper, Inc., in the not-to-exceed amount of $1,011,665.00).
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a Professional Services Agreement with Parkhill, Smith & Cooper,
Inc., for professional design services for Fire Station No. 9 for the Facilities Management Department;
providing for the expenditure of funds therefor; and providing an effective date (RFQ 7818-002 – awarded
to Parkhill, Smith & Cooper, Inc., in the not-to-exceed amount of $1,011,665.00).
INFORMATION/BACKGROUND
The Fire Department continues to see an increase in the overall call for service volume, specifically in the
northwest portion of the City. Data and response trends allow staff to conservatively predict the workload
of future years. Staff ran a response analysis and compared call response times based on National Fire
Protection Association Standard 1710, Standard for the Organization and Deployment of Fire Suppression
Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire
Departments. A proposed Airport/Fire Station 9, when constructed, will reduce extended response times
west of Interstate 35 including Denton Enterprise Airport and industrial area, as well as assist with the
coverage of the western portion of the City. On August 2, 2021, staff requested direction regarding Fire
Station 9 from City Council and were directed to proceed as presented.
Certificate of Obligation Bonds were issued under the Fiscal Year 2021-2022 Reimbursement Ordinance
in the amount of $750,000 to provide the initial site surveying and design costs. Staff anticipates receiving
a firmer estimated cost of construction in June of 2022 and coordinating funding solutions with the Finance
Department for construction costs as part of the Fiscal Year 2022-2023 budget.
Statements of qualifications were sent to the City’s prequalified list of architects. Upon ranking the received
information, staff found Parkhill, Smith & Cooper, Inc. to have the most relevant fire station design
experience for both multi-story structures, and Airport Rescue and Firefighting (ARFF) compliant
structures, has current in progress in Texas, and available staff to complete the project within the schedule.
Parkhill, Smith & Cooper, Inc. has provided design and construction phase services for many projects
similar in size and cost to Fire Station No. 9. Based on Parkhill, Smith & Cooper, Inc.’s knowledge, project
team experience, and availability, staff has selected Parkhill, Smith & Cooper Inc.’s, Inc. as the best choice
for Fire Station No. 9 design.
Request for Qualifications for vertical construction services for Facilities Management was solicited using
the City’s formal solicitation process. City Council approved a pre-qualified list of professional service
firms on November 16, 2021 (Ordinance 21-2435).
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On November 16, 2021, Council approved RFQ 7818 for a prequalified list of firms for vertical construction
projects (Ordinance 21-2435).
RECOMMENDATION
Award a contract with Parkhill, Smith & Cooper, Inc for professional design services for Fire Station No.
9 at the Denton Enterprise Airport for the Facilities Management Department, in a not-to-exceed amount
of $1,011,665.
SUSTAINABILITY MEASURES
New building construction and renovations focus on Energy Conservation and Efficiency including the
pursuit of renewable technologies, energy conservation, and adherence to the International Energy
Conservation Code (IECC).
PRINCIPAL PLACE OF BUSINESS
Parkhill, Smith & Cooper, Inc.
Frisco, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with an estimated completion date of August 23, 2023. We
anticipate the conclusion of Design Development documents by May of 2022 and 100% Construction
Drawings by September of 2022.
FISCAL INFORMATION
These services will be funded from Certificates of Obligation Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Ordinance and Contract
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Scott Gray, 940-349-7744.
Legal point of contact: Marcella Lunn at 940-349-8333.
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH PARKHILL, SMITH & COOPER, INC., FOR PROFESSIONAL
DESIGN SERVICES FOR FIRE STATION NO. 9 FOR THE FACILITIES MANAGEMENT
DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFQ 7818-002 – AWARDED TO PARKHILL, SMITH &
COOPER, INC., IN THE NOT-TO-EXCEED AMOUNT OF $1,011,665.00).
WHEREAS, on November 16, 2021, the City Council approved a pre-qualified professional
services list of state certified firms to provide architectural, engineering, and other services as
customarily provided for municipal and vertical construction projects for the Facilities Management
Department (Ordinance 21-2435), and the professional services provider (the “Provider”) mentioned
in this ordinance is being selected as the most highly qualified on the basis of its demonstrated
competence and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than, the recommended practices and fees published by the professional
associations applicable to the Provider’s profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an
agreement with to Parkhill, Smith & Cooper, Inc., to provide professional design services for the
City of Denton, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by
the following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _________________________________
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
Not Applicable
Design of Fire Station 9
7818-002
Christa Christian
PSA
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 1 of 17
STANDARD AGREEMENT FOR ARCHITECTURAL RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Parkhill, Smith & Cooper, Inc., with its corporate office at and authorized to
do business in Texas, ("ARCHITECT"), for a PROJECT generally described as: Design of
Fire Station #9 (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ARCHITECT, and the ARCHITECT hereby
agrees to perform, professional architectural services set forth in the Scope of
Services attached hereto as Exhibit A. These services shall be performed in
connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ARCHITECT or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ARCHITECT shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ARCHITECT shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $1,011,665 in the manner and in
accordance with the fee schedule as set forth in Exhibit B. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Exhibit B.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ARCHITECT shall proceed diligently with the PROJECT
to completion as described in the PROJECT schedule as set forth in Exhibit A.
SECTION 3
Terms of Payment
Payments to the ARCHITECT will be made as follows:
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 2 of 17
A. Invoice and Payment
(1) The Architect shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Exhibit A to reasonably substantiate the invoices.
(2) The ARCHITECT will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ARCHITECT for billings contested in
good faith within 60 days of the amount due, the ARCHITECT may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ARCHITECT shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the ARCHITECT
A. General
The ARCHITECT will serve as the CITY's professional architect representative under this
AGREEMENT, providing professional architectural consultation and advice and furnishing
customary services incidental thereto.
B. Standard of Care
The ARCHITECT shall perform its services:
(1) with the professional skill and care ordinarily provided by competent architects
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 3 of 17
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent architect.
C. Subsurface Investigations
(1) The ARCHITECT shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and architectural work to be
performed hereunder. The ARCHITECT shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Exhibit A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ARCHITECT.
D. Preparation of Architectural Drawings
The ARCHITECT will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ARCHITECT shall not be liable for the use
of such drawings for any project other than the PROJECT described herein.
E. Architect's Personnel at Construction Site
(1) The presence or duties of the ARCHITECT 's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ARCHITECT
or its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ARCHITECT and its personnel have no authority
to exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 4 of 17
Exhibit A, the ARCHITECT or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ARCHITECT be construed as requiring
ARCHITECT to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ARCHITECT makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ARCHITECT shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ARCHITECT shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ARCHITECT shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with Exhibit A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ARCHITECT has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ARCHITECT makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ARCHITECT 's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ARCHITECT to the CITY for periodic construction progress
payments to the construction contractor will be based on the ARCHITECT 's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ARCHITECT to ascertain
that the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 5 of 17
ARCHITECT has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ARCHITECT is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ARCHITECT agrees that the CITY shall, until the expiration of five (5) years
after final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ARCHITECT involving transactions relating to this AGREEMENT.
ARCHITECT agrees that the CITY shall have access during normal working
hours to all necessary ARCHITECT facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ARCHITECT reasonable
advance notice of intended audits.
(2) ARCHITECT further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ARCHITECT and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ARCHITECT for the
cost of copies at the rate published in the Texas Administrative Code in effect as
of the time copying is performed.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 6 of 17
J. INSURANCE
(1) ARCHITECT’S INSURANCE
a. Commercial General Liability – the ARCHITECT shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ARCHITECT waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ARCHITECT shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
architect owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ARCHITECT waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ARCHITECT
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers’ Compensation – ARCHITECT shall maintain workers
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 7 of 17
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ARCHITECT waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ARCHITECT pursuant to this AGREEMENT.
d. Professional Liability – ARCHITECT shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ARCHITECT has obtained
all required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 8 of 17
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ARCHITECT 's insurance policies including
endorsements thereto and, at the CITY's discretion; the ARCHITECT
may be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ARCHITECT shall be
required by the ARCHITECT to maintain the same or reasonably
equivalent insurance coverage as required for the ARCHITECT. When
sub consultants/subcontractors maintain insurance coverage,
ARCHITECT shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 9 of 17
The ARCHITECT agrees to perform all services as an independent consultant and not as
a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ARCHITECT acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ARCHITECT further acknowledges that it
will make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ARCHITECT will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ARCHITECT to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current architectural practice standards which the ARCHITECT should have
been aware of at the time this AGREEMENT was executed, the ARCHITECT shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ARCHITECT could not have been reasonably aware of, the
ARCHITECT shall notify the CITY of such changes and an adjustment in compensation
will be made through an amendment to this AGREEMENT.
O. Schedule
ARCHITECT shall manage the PROJECT in accordance with the schedule developed per
Exhibit A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ARCHITECT and ARCHITECT’s agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 10 of 17
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ARCHITECT and
ARCHITECT’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ARCHITECT may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ARCHITECT as required for the
ARCHITECT 's performance of its services. The CITY will perform, at no cost to the
ARCHITECT, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ARCHITECT 's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ARCHITECT 's services or PROJECT construction.
D. Timely Review
The CITY will examine the ARCHITECT 's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Exhibit A.
E. Prompt Notice
The CITY will give prompt written notice to the ARCHITECT whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ARCHITECT 's
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 11 of 17
services or of any defect in the work of the ARCHITECT or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ARCHITECT will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ARCHITECT had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ARCHITECT from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ARCHITECT’s negligence or if ARCHITECT brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ARCHITECT 's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ARCHITECT for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ARCHITECT, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the architectural services performed. Only the CITY
will be the beneficiary of any undertaking by the ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ARCHITECT and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ARCHITECT.
I. CITY's Insurance
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 12 of 17
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ARCHITECT a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ARCHITECT for required or
requested assistance to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY. In the event CITY requests such services of the
ARCHITECT, this AGREEMENT shall be amended or a separate agreement will be
negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ARCHITECT 's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ARCHITECT shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ARCHITECT, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ARCHITECT will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
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C. Force Majeure
The ARCHITECT is not responsible for damages or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other events beyond the control of the ARCHITECT
that prevent ARCHITECT’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ARCHITECT.
b. by either the CITY or the ARCHITECT for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ARCHITECT will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ARCHITECT 'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ARCHITECT 'S personnel to document
the work underway at the time of the CITY'S termination for convenience
so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ARCHITECT will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ARCHITECT for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ARCHITECT s personnel and subcontractors, and ARCHITECT 's compensation will be
made.
F. Indemnification
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 14 of 17
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ARCHITECT OR ARCHITECT’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ARCHITECT EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ARCHITECT’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ARCHITECT shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ARCHITECT AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 15 of 17
ARCHITECT shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ARCHITECT shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ARCHITECT shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ARCHITECT employee who is not legally eligible to perform
such services. ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ARCHITECT, ARCHITECT’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ARCHITECT, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ARCHITECT.
L. Prohibition On Contracts With Companies Boycotting Israel
ARCHITECT acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ARCHITECT certifies that ARCHITECT’S signature provides written
verification to the CITY that ARCHITECT: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ARCHITECT certifies that ARCHITECT’S signature
provides written verification to the CITY that ARCHITECT, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
N. 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
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 16 of 17
at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
O. Agreement Documents
This AGREEMENT, including its Exhibits and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following Exhibits and schedules are hereby made a part of this
AGREEMENT:
Exhibit A - Scope of Services
Exhibit B – Fee Proposal
Exhibit C – Hourly Rate Schedule
Exhibit D – Conflict of Interest Questionnaire
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
Duly executed by each party’s designated representative to be effective on the date
subscribed by the City Manager.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 17 of 17
BY:
CITY OF DENTON, TEXAS
BY:
Parkhill, Smith & Cooper, Inc
City Manager
Date:__________________
Scott Nelson, AIA
Date:____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
ATTEST:
CITY SECRETARY
By:______________________________
___2022-________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
2021-834696
12/21/2021
12/21/2021
Facilities Management
Director - Airport & Facilities
3000 Internet Blvd, Suite 550 | Frisco, Tx 75034
REVISED December 3, 2021
Ms. Marissa Barrett
Administration Manager
Airport & Facilities Management
City of Denton
RE: EXHIBIT A,B,C,D | Proposal for Professional Services
Denton Fire Station No. 9
Dear Ms. Barrett
Parkhill (A/E) is pleased to submit this proposal for professional services to the City of Denton; Denton, Texas (CLIENT) for the
Fire Station No. 9 (PROJECT).
PROJECT SCOPE
The scope of services to provide professional architectural and engineering services as
follows:
Architecture Parkhill + Martinez Architects
Interior Design Parkhill + Martinez Architects
Mechanical & Electrical Engineering Parkhill
Structural Engineering Alpha Consulting Engineers
Storm Shelter Peer Review Parkhill
Civil Engineering MJ Thomas
Landscape Architect Parkhill
Surveying Coleman & Associates
IT/Data/AV Design DataCom Design Group
Security Design DataCom Design Group
Sustainable Design Sustainable Concepts
Cost Estimating OCMI
Scope of Services
Geotechnical Engineering D&S Engineering Labs
Site Location Site (approximately 1.09 acres) is located east of the existing Denton Enterprise Airport
building (5000 Airport Road, Denton, TX 76207) is anticipated to include the following:
Two outside aprons with one fueling area;
Small visitor parking (12 spaces);
Secured employee parking with 12 parking spaces; and
An emergency generator & fuel tank with 72 hours fuel capacity at full load.
EXHIBIT A
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Denton Fire Station No. 09
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Building Scope New Fire Station / Aircraft Rescue & Fire Fighting (ARFF) facility (approximately 13,640
sf) is anticipated to include the following:
Two-Story building with an observation deck on the second floor.
Four (4) bays, one of which will meet the FAA’s applicable ARFF guidelines
Level 1 will have the standard support services for a fire station of this type.
This includes a bunker gear room, foam storage, dry chemical storage,
decontamination room, utility room, workshop, self-contained breathing
apparatus (SCBA) room, laundry room and PD satellite office.
Level 2 will have an observation deck; kitchen & dining; exercise area; day
room; six (6) sleeping quarters supported by three single restrooms/showers;
and a Captain’s office supported by private sleeping quarters and a private
bathroom/shower.
Location Area
First Floor
Restrooms 156 NSF
Fleet Bay 5,194 NSF
Decontamination 435 NSF
First Aid/EMS 125 NSF
Lockers 299 NSF
Hose/SCBA 411 NSF
Shop 291 NSF
Subtotal First Floor 6,911 NSF
Second Floor
Bedrooms 772 NSF
Captains Office/Quarters 291 NSF
Restrooms 500 NSF
Laundry 181 NSF
Day Room 444 NSF
Kitchen/Dining 816 NSF
Watch Office 128 NSF
Observation Deck 343 NSF
Foam on Mezzanine 268 NSF
Storage 167 NSF
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Denton Fire Station No. 09
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Janitor 58 NSF
Gym 535 NSF
Subtotal Second Floor 4,503 NSF
Subtotal of Net Assignable SF 11,414 NSF
IT/Mechanical 170 NSF
Circulation 2,056 NSF
Total Gross Building SF 13,640 GSF
Budget Construction Budget (Hard Cost) is approximately:
Base Building & Site $7,000,000.00
Schedule Notice to Proceed Jan. 12, 2022
Design Jan. 13, 2022 – Sept. 9, 2022
Bid & Permit Sept. 12, 2022 – Oct. 5, 2022
Construction Oct. 5, 2022 – Aug. 28, 2023
SCOPE OF SERVICES
A/E will provide professional services according to Exhibit A – Scope of Services.
COMPENSATION
A/E will provide professional services on a lump sum basis plus reimbursable expenses. Refer to Exhibit B – Fee Proposal, for a
breakdown of associated fees.
Invoices shall be issued monthly based on a percent complete basis.
Changes to the scope of work including, changes to previously approved documents, project schedule, project scope, or scope of
services may, as mutually agreed to result in additional services.
The additional services will be performed as a mutually agreed to lump sum authorized in advance and in writing, or if agreed to
by the City, at the hourly rates contained in Exhibit C – Hourly Rate Schedule.
REIMBURSABLE EXPENSES
Reimbursable expenses will be billed at invoice cost and include local travel, normal postage/shipping, reproductions/copies and
color plots/prints.
EXISTING CONDITIONS
A/E will make no representations regarding the suitability for reuse of the existing structures on the site and is not responsible for
the condition of the existing structures.
TERMS AND CONDITIONS
The Texas Board of Architectural Examiners, P. O. Box 12337, Austin, Texas 78711‐2337 or 333 Guadalupe, Suite 2‐350, Austin,
Texas 78701‐3942, (512) 305‐9000, has jurisdiction over complaints regarding the professional practices of persons registered as
Architects, Interior Designers and Landscape Architects in Texas.
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Denton Fire Station No. 09
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If this proposal is not executed within 30 days from the issue date, A/E reserves the right to review Compensation, Payment
Schedule and Staffing Commitments.
Sincerely,
Parkhill
By_________________
Scott Nelson, AIA
EXHIBITS:
Exhibit A – Scope of Services
Exhibit B – Fee Proposal
Exhibit C – Hourly Rate Schedule
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EXHIBIT A
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EXHIBIT A – Scope of Services
REVISED December 3, 2021
PROJECT DELIVERY SYSTEM
A/E’s services, compensation and time schedule for performance of services are based on the use of the Construction Manager
at Risk (CMAR) with one prime construction contract project delivery system and are subject to adjustment if another delivery
system is utilized.
DESIGN SERVICES
A/E proposes to provide professional architecture and engineering services for the project scope as stated in the proposal, and as
normally and reasonably required on projects of similar size and scope. In the event of a conflict between any Exhibit and the City’s
Professional Service Agreement, the Agreement shall rule.
I – PRE-DESIGN SERVICES
Prior to commencement of the work, the A/E assumes the Client has furnished the following information as to their design
requirements, operational standards and guidelines, preliminary program, project schedule, total budget broken down for all areas,
and all such information which shall be pertinent to the creation and carrying out of the project’s design intent. A/E will review the
program furnished by the Client to ascertain the requirements of the Project and will arrive at mutual understanding of such
requirements with the Client. The A/E will develop concept design documents consisting of diagrams, drawings and other
documents illustrating the scale and relationship of the project components. Based on the mutually agreed upon program, schedule
and construction budget requirements, A/E will proceed to Schematic Design Phase Services.
Deliverables
Square Foot Building Program
Space Flow/ Relationship Adjacency Diagrams for up to three (3) concept design options
Meetings
Design Team Meetings (3)
Additional Services
Master Plan of future building(s) & site amenities
II – SCHEMATIC DESIGN PHASE SERVICES
The Schematic Design Documents will include the design for the total build out of the Project based on the Conceptual Design
Package. The A/E’s architectural plans will be prepared using Autodesk Revit (BIM Software). The A/E will develop the one (1)
approved concept design option into a refined document and provide supporting documents illustrating the architectural style of
the façade and floor plan to allow City Council to approve one (1) option to move into Design Development.
Deliverables
50% Schematic Design Review
100% Schematic Design Presentation Site Plan, Floor Plans and Exterior Elevations.
Narrative of Mechanical, Electrical & Plumbing (MEP) Systems.
Narrative of Structural Systems.
Meetings
Design Team Meetings (3)
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Presentation Renderings
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Presentation Animation
Detailed Cost Estimating
III – DESIGN DEVELOPMENT PHASE SERVICES
A/E will provide Design Development documents based on approved Schematic Design documents and updated Project budget.
The documents will illustrate and describe refinement of the design of the Project establishing the scope, relationships, forms, size,
and appearance of the Project by means of plans, elevations, and sections, typical construction details, and equipment layouts.
The documents will identify major systems and materials and in general their quality levels.
A/E will prepare two (2) color schemes for the Client’s selection. The schemes will identify basic floor, wall and ceiling colors,
finishes and textures; it will not be a detailed selection of all materials. After a selection of the schematic scheme by the Client, A/E
will proceed to develop an in-depth color, finish and texture submittal for the Client’s approval. A maximum of two (2) meetings for
development of the final scheme is included in this Agreement. After approval of the color scheme, a digital presentation board will
be prepared in PDF format for use by the Client.
Deliverables
Drawings:
Floor Plans, Elevations, Building Sections, Wall Sections
Reflected Ceiling Plans, Finish Plan, Interior Elevations of key components
Specifications:
Table of Contents
Outline narrative of key building components and products.
Schedules:
Typical Room Finish Schedule.
One (1) Physical Sample Presentation Board of the approved color scheme.
Meetings
Design Team Meetings (2)
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Additional Color Scheme’s beyond those listed above.
Additional Physical Sample Presentation Board beyond those listed above.
IV – CONSTRUCTION DOCUMENTS PHASE SERVICES
A/E will provide Construction Documents based on approved Design Development documents and updated Project budget. The
documents will be based on the use of AIA A201‐2017 General Conditions and will include detailed requirements for construction
and include drawings and specifications that establish in detail the quality level of systems and materials. A/E will assist the Client
in the preparation of supplementary conditions for AIA A201‐2017 General Conditions and other standard AIA contract forms.
Deliverables
Drawings and Specifications setting forth the requirements for the construction of the Project.
Construction Phasing
Construction documents will be produced in one package.
Entitlements and Permitting
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Documents will be produced per Authority Having Jurisdiction requirements to procure the proper entitlements and
permits for the project and will be produced in two (2) packages (site plan and building package).
Meetings
Design Team Meetings (2)
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Preparation of Construction Documents for more than two (2) Alternates.
Preparation of Construction Documents for more than two (2) bid packages.
V – BIDDING OR NEGOTIATION & PERMITTING PHASE SERVICES
A/E will assist the Client and the CMAR in the preparation of necessary bidding information, bidding forms, the Conditions of the
Contract, and the form of Agreement between the Client and the Contractor. A/E will inform the Client, to the best of their
knowledge, and will assist the Client in connection with the Client’s responsibility for filing documents required for approval of
governmental authorities having jurisdiction over the Project.
Services limited to:
Hold one (1) Pre‐Bid Conference on site.
Respond to Bidder’s Request for Clarifications.
Meetings
Design Team Meetings (1)
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Attend multiple Pre‐Bid Conferences on site or at the Client’s office.
VI – CONSTRUCTION PHASE SERVICES
A/E will be the representative of and will advise and consult with the Client during construction until ninety (90) days after the Date
of Substantial Completion. A/E will have authority to act on behalf of the Client only to the extent provided in this Agreement unless
otherwise modified by written instrument. A/E will visit the site at intervals appropriate to the stage of construction or as otherwise
agreed by the Client and A/E in writing to become familiar with the progress and quality of the Work completed and to determine
in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the
Contract Documents. However, A/E will not be required to make exhaustive or continuous on-site inspections to check the quality
or quantity of the Work. On the basis of on-site observation as a design professional, A/E will keep the Client informed of the overall
progress and quality of the Work. Based on the A/E’s observations and evaluations of the Contractor’s Applications for Payment,
A/E will review and certify the amounts due the Contractor.
A/E shall not supervise, direct or have control over the Contractor’s work nor have any responsibility for the construction means,
methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety precautions or programs
in connection with the Work. These rights and responsibilities are solely those of the Contractor. The Client agrees that the
Contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the Client’s
contract with the Contractor.
If, due to an error or an omission by A/E, any required item or component of the project is omitted from the Construction Documents,
A/E shall not be responsible for paying the cost to add such item or component to the extent that such item or component would
have been otherwise necessary to the project or otherwise add value or betterment to the project.
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Services limited to:
Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor
Visits to the site by A/E over the duration of the Project during construction shall be limited to the number of
months of construction time established by the Contractor during the bidding/proposal phase times two (2).
Two (2) site observations for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
Two (2) site observations for any portion of the Work to determine final completion.
Construction Period
Base Proposal is predicated on Nine (9) month construction period to Substantial Completion.
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Attend multiple Pre‐Bid Conferences on site or at the Client’s office.
Supplement CA services will allow for weekly CA site observations.
SPECIALTY SCOPE OF SERVICES
1. SURVEY
Boundary Survey for approximately 1.09 acres will describe physical characteristics, legal limitations and utility
locations for the site of the Project, and a written legal description of the site.
Topographical Survey will document the property’s contours at one-foot intervals and observed utilities.
Deliverables will include preparing existing conditions drawing with contours and significant spot grades.
Tree Survey to include tagging 6” specimen trees and larger would be considered an Additional Service.
2. CIVIL ENGINEERING SERVICES (On-Site)
A/E to provide on-site development services including utilities (water, sewer), parking lots, sidewalks, drainage and
vehicle circulation. Special conditions to include:
Relocate existing gate.
Relocate existing appurtenance (vault?) within south concrete approach to Fire Station
Coordinate possible electrical x-former and rack near south concrete approach to Fire Station
Sewer service will connect to the east, approximately 400 feet. Provide plan/profile and appurtenances.
Drainage to comply with the Denton Development Code and Stormwater Design Criteria
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
On-site Drainage detention required to mitigate 100 yr rain event for this development
Analysis of any existing drainage issues beyond the project site.
Off-site drainage design, detention design easement acquisition or grade-to drain permission.
Construction staking.
Changes in the site plan, scope of work, or other items, which result in redesign of the civil drawings.
Preliminary Plating
Downstream Drainage Assessment
Traffic Impact Analysis
TXDOT Permits
Flood Studies/Wetland Studies
Environmental Services
Applications or presentation to the Board of Adjustments for Variances.
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Zoning Change Request
Retaining wall design.
Re-design, re-study and/or revisions to recommended directives, conceptual or final studies, drawings,
specifications or other documents after same have been previously approved by the owner in order to
accomplish changes requested by the Owner.
Lift Station Design
3. CIVIL ENGINEERING SERVICES (Off-Site)
A/E to provide engineering services to remove and relocate existing 6” water line for an assumed length of 400 linear
feet to meet city of Denton requirements. Any other public infrastructure required to be designed will be considered
additional services and negotiated with the client prior to proceeding.
4. LANDSCAPE ARCHITECTURE SERVICES
A/E to provide planting and irrigation design services.
5. SITE ENTITLEMENT SERVICES
Services include assisting with the process of Entitlements in obtaining discretionary approvals for the right to develop
and/or construct on a property for its desired use(s).
A/E services during Entitlements shall include preparation and/or submittal of the following:
Final Engineered Site Design
Refined Definition of Project Scope of Work
Engineered Site Plan
Preliminary and Final Plat
Architectural Elevations / Renderings
One (1) Planning and Zoning Hearing(s) and Preliminary Site Plan Approval
One (1) City Council Hearing(s) and Final Site Plan Approval
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Variance Requests
Special Use Permits
Driveway Access Permits
Public Hearing(s)
6. AUDIO/VIDEO/ACOUSTIC DESIGN
Audio/Video infrastructure and active equipment design for the presentation and teaching spaces, to include:
Audio/Video design to include infrastructure to support AV spaces and any ADA required audio systems.
Evaluation of relevant AV active equipment to determine the infrastructure needs of the presentation spaces,
specifications and drawings associated with the AV infrastructure system.
Develop AV room layouts and assist with power requirements, screen locations, conduit, floor boxes, speaker
locations, and lectern location.
Architectural Acoustical consultation and analysis to address sound propagation, speech intelligibility, speech and music
enhancement, and noise mitigation within the new / renovated space. This may include consultation on partition and
glazing type, space planning, room shaping, finish selections, and construction methods. Establish the appropriate
acoustical design criteria, such as Reverberation Time (RT), Noise Criteria (NC) and Sound Transmission Class (STC).
7. IT/DATA/SECURITY DESIGN
Information Transport Systems infrastructure design services shall include:
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Technology infrastructure design to support voice and data.
Main MDF / Server Room layout, design and power/cooling coordination.
Telecom Rooms design, layout and connectivity.
Infrastructure design to support wireless access connectivity in specific building areas.
Electronic Security systems design shall include:
Access Control
Intrusion Detection
Electronic Surveillance
Emergency Notification and Duress
8. FOOD SERVICE DESIGN
Food Service design shall include preliminary design of residential kitchen equipment.
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Consultation and review for full-service design of commercial kitchen including equipment plan with schedule,
food service utility rough-ins, elevations, sections and details will be prepared.
Utensils, tabletop supplies and equipment otherwise known as Small wares.
Point of Sale and IT systems
9. FF&E DESIGN
Services include assisting in selections relating to movable furniture, furnishings and equipment. These tasks shall
include:
Evaluate client FF&E needs, including inventory of existing furniture to be repurposed.
Develop FF&E budgets.
Evaluate and select products.
Prepare cost estimates and specifications.
Solicit bids or negotiate pricing.
Review and track orders.
Plan and oversee installation.
Prepare punch list.
10. GEOTECHNICAL ENGINEERING
The objective of this geotechnical investigation will be to obtain subsurface data and to develop foundation and
earthwork recommendations for the design of the proposed building and associated pavements.
Field Services to include a total of six (6) borings will be advanced across the site. Four (4) borings will be
drilled within the footprints of the proposed fire station facility and generator pad areas to depths of about 40
feet, or 15 feet into competent bedrock, whichever occurs first. Two (2) borings will be advanced within the
proposed parking areas to depths of about 10 feet.
Laboratory Services to include selected laboratory testing of the samples will be performed to evaluate soil
index properties, strength, volume change potential, and chemical characteristics of the subsurface materials
to provide data for analysis.
Engineering Analysis & Report
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Additional Borings
Construction Material Testing
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OPTIONAL ADDITIONAL SCOPE OF SERVICES
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
1. ENVELOPE CONSULTANT
Services to include building envelope design recommendations and analysis of proposed assemblies. These tasks my
include:
Recommendations for general conformance with material manufacturers’ requirements and industry standards
Review of project design for general conformance to the project team’s design and materials selection
decisions.
Review of envelope construction specifications for conformance with industry practice, coordination with
project detail drawings, and manufacture’s understood requirements.
2. ACCESSIBILITY CONSULTANT
Services include design review and recommendations to comply with the requirements of the Americans with
Disabilities Act (ADA) and the Texas Accessibility Standards (TAS) for projects in the State of Texas. These tasks
include:
Preliminary Plan review at 100% SD
Preliminary Plan review at 100% DD
TDLR review at 100% CD
TDLR Registration
TDLR inspection at substantial completion
3. COMMISSIONING (MEP)
Services include basic commissioning requirements per 2018 IECC, Section C408, of mechanical, service water heating,
and lighting control systems.
4. SWPPP
Services include the development and documentation of the Stormwater Pollution Prevention Plan excluding inspections
during construction.
5. Artwork Selection
Services include coordination/selection of printing, framing and installation of art pieces.
QUALIFICATIONS
The Client shall designate a representative authorized to act in the Client’s behalf who shall make decisions with respect to the
Project. The Client, or such authorized representative, shall examine the design documents submitted by A/E and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay in the process of A/E’s design services.
Client warrants that in transmitting existing documents prepared by other designers or design professionals, or any other
information, Client is the copyright Client of such information or has permission from the copyright Client to transmit such
information for its use on the Project.
OPINIONS OF PROBABLE CONSTRUCTION COST
In providing estimates or opinions of probable construction cost, the Client understands that the A/E has no control over the cost
or availability of labor, equipment or materials, or over market conditions or the CMAR’s method of pricing, and that the A/E’s
estimates or opinions of probable construction costs are made on the basis of the A/E’s professional judgment and experience.
The A/E makes no warranty, express or implied, that the bids or the negotiated construction cost will not vary from the A/E’s
estimates or opinions of probable construction cost.
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Parkhill Page 8 of 8
ACCESSIBILITY
The Client acknowledges that the requirements of the Americans with Disabilities Act (ADA), Texas Accessibility Standards (TAS)
for projects in the State of Texas, and other federal, state and local accessibility laws, rules, codes, ordinances, and regulations
will be subject to various and possibly contradictory interpretations. The Client further acknowledges that the ADA is a Civil Rights
law and not a building code and does not have prescriptive language. A/E, therefore, will use its reasonable professional efforts
and judgements, in working alongside the Accessibility Consultant’s direction & recommendations, to interpret applicable
accessibility requirements in effect as of the date of the execution of this Agreement, and as they apply to the Project. A/E, however,
cannot and does not warrant or guarantee that the Client’s Project will comply with all interpretations of the accessibility
requirements and/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply
to the Project.
All projects in the State of Texas must be submitted to the Texas Department of Licensing and Regulations (TDLR) – Elimination
of Architectural Barriers (EAB) Division for plan review for compliance with TAS requirements. A/E will include in the design of the
Project all changes that are the result of the TDLR plan review. After construction of the project TDLR requires an inspection of
the project for compliance confirmation. However, A/E cannot and does not warrant or guarantee that different rules and or
interpretation may be applied to the Client’s Project at the time of the final TDLR inspection. Compliance with changes required by
the TDLR final inspection that were not mentioned in the TDLR plan may be required.
HAZARDOUS MATERIALS
As used in this Proposal, the term hazardous materials shall mean any substances, including without limitation asbestos, toxic or
hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in
applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial
danger to persons or property exposed to such substances at or near the project site.
All parties acknowledge that the A/E’s scope of services does not include any services related to the presence of any hazardous
or toxic materials. In the event A/E or any other person or entity involved in the project encounters any hazardous or toxic materials,
or should it become known to A/E that such materials may be present on or about the jobsite or any adjacent areas that may affect
the performance of A/E’s services, A/E may, at its sole option and without liability for consequential or any other damages, suspend
performance of its services under this Agreement until the Client retains appropriate qualified consultants and/or CMARs to identify
and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws
and regulations.
SERVICES BY CLIENT
Client will provide access to work site, obtain applicable permits, provide appropriate legal services in connection with the project,
and provide environmental impact reports and energy assessments unless specifically included in the Scope of Work. Client shall
pay the costs of checking and inspection fees, zoning application fees, soils engineering fees, testing fees, surveying fees, and all
other fees, permits, bond premiums, and all other charges not specifically covered by the terms of this Agreement.
Services specifically excluded from our scope of services include, but are not limited to, the following:
Asbestos and Hazardous Materials Studies
Third-party Independent Construction Inspection Services
Construction Material Testing
Texas Department of Health Demolition Notification
Commissioning and Special Inspections
Traffic Impact Analysis
Furniture, Fixture, Equipment Procurement
END OF SCOPE OF SERVICES
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT B
Parkhill Page 1 of 1
EXHIBIT B – Fee Proposal
REVISED December 3, 2021
Description Architectural Structural Mechanical
& Electrical Survey Civil Eng.
(On-Site)
Civil Eng.
(Off-Site)
Landscape
Design
Interior
Design
(Fixed)
Interior
Design
(FF&E)
IT,
Teledata,
Telecomm
& AV
Security Cost
Estimating
Sustainable
Design
Geotechnical
Engineering
Storm Shlt.
Peer Review Total Comments
Design and Engineering Fees
Masterplanning & Programming 24,400.00$ 12,500.00$2,000.00$ 600.00$ 1,000.00$ 4,940.00$ 9,800.00$ 55,240.00$
Schematic Design 73,200.00$ 8,600.00$ 15,100.00$ 5,900.00$ 1,800.00$ 2,800.00$ 4,400.00$ 1,800.00$ 1,600.00$ 960.00$ 6,920.00$ 4,000.00$ 127,080.00$
Design Development 146,300.00$ 12,800.00$ 22,600.00$ 11,700.00$ 3,500.00$ 5,600.00$ 6,500.00$ 3,500.00$ 2,560.00$ 1,280.00$ 7,260.00$ 4,000.00$ 227,600.00$
Construction Documents 121,900.00$ 10,700.00$ 18,800.00$ 9,800.00$ 2,900.00$ 4,700.00$ 5,400.00$ 5,100.00$ 4,480.00$ 1,920.00$ 4,725.00$ 8,000.00$ 8,000.00$ 206,425.00$
Bidding & Negotiation 24,400.00$ 2,200.00$ 3,800.00$ 2,000.00$ 600.00$ 1,000.00$ 1,100.00$ 800.00$ 320.00$ 320.00$ 36,540.00$
Contract Administration 97,500.00$ 8,600.00$ 15,100.00$ 7,800.00$ 2,300.00$ 3,800.00$ 4,300.00$ 3,200.00$ 2,560.00$ 1,280.00$ 16,000.00$ 162,440.00$
Subtotal Design Fees 487,700.00$ 42,900.00$ 75,400.00$ 12,500.00$39,200.00$ 11,700.00$ 18,900.00$ 21,700.00$ 14,400.00$ 11,520.00$ 5,760.00$ 23,845.00$32,000.00$ 9,800.00$ 8,000.00$ 815,325.00$
Reimbursable Expenses
-$
Reproduction & Printing Costs -$
Shipping/Overnight Services & Postage -$
Mileage, Airfare, Lodging, Meals, & Travel Costs -$
Reimbursable Contingency 18,700.00$ 18,700.00$
Subtotal Reimbursable Expenses 18,700.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18,700.00$
Alternates
(Value Added Services at the Owner's Option)-$
Alternate #01 - Energy Modelling 19,000.00$ 19,000.00$
Alternate #02 - LEED Certification (Lowest Level)22,000.00$ 22,000.00$
Alternate #03 - FF&E Procurement Management -$
Alternate #04 - Electronic As-Builts from GC's Redlines $ 3,500.00 $ 400.00 $ 600.00 $ - $ 300.00 $ 100.00 $ 200.00 $ 200.00 $ 320.00 $ 320.00 5,940.00$
Alternate #05 - Site Entitlement Services $ 15,600.00 $ 4,000.00 $ 9,600.00 29,200.00$
Alternate #06 - Preliminary & Final Plat (74 ac) $ 7,500.00 $ 4,000.00 11,500.00$
Alternate #06 - Owners Allowance for Off-Site
Engineering & Other Changes $ 90,000.00 90,000.00$
Subtotal Alternates 19,100.00$ 400.00$ 600.00$ 7,500.00$ 8,300.00$ 90,100.00$ 9,800.00$ 200.00$ -$ 320.00$ 320.00$ -$ 41,000.00$ -$ -$ 177,640.00$
-$
Total of Fees, Reimbursable & Alternates 525,500.00$ 43,300.00$ 76,000.00$ 20,000.00$47,500.00$ 101,800.00$ 28,700.00$ 21,900.00$ 14,400.00$ 11,840.00$ 6,080.00$ 23,845.00$73,000.00$ 9,800.00$ 8,000.00$ 1,011,665.00$
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT C
Parkhill Page 1 of 1
EXHIBIT C – Hourly Rate Schedule
REVISED December 3, 2021
Foregoing Schedule of Changes is incorporated into the Agreement for Services provided, effective January 1, 2022 through December 31, 2022.
After December 31, 2022, invoices will reflect the Schedule of Changes currently in effect.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2 Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the
date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B.Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D.Describe each employment or business and family relationship with the local government officer named in this section.
4 I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Parkhill, Smith & Cooper, Inc.
N/A
X
October 12, 2021
EXHIBIT D
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
Certificate Of Completion
Envelope Id: EE74246266DD47889CF373238CB4FBFD Status: Sent
Subject: Please DocuSign: City Council Contract 7818-002 Design of FS 9
Source Envelope:
Document Pages: 33 Signatures: 3 Envelope Originator:
Certificate Pages: 6 Initials: 1 Christa Christian
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Christa.Christian@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/16/2021 10:56:00 AM
Holder: Christa Christian
Christa.Christian@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Christa Christian
christa.christian@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 12/16/2021 11:20:40 AM
Viewed: 12/16/2021 11:21:21 AM
Signed: 12/16/2021 11:23:42 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/16/2021 11:23:45 AM
Viewed: 12/16/2021 3:41:55 PM
Signed: 12/16/2021 3:42:55 PM
Electronic Record and Signature Disclosure:
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Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
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Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/16/2021 3:42:59 PM
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Signed: 12/17/2021 9:10:13 AM
Electronic Record and Signature Disclosure:
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Scott Nelson
snelson@parkhill.com
Principal
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 12.70.161.203
Sent: 12/17/2021 9:10:16 AM
Viewed: 12/19/2021 5:00:41 PM
Signed: 12/21/2021 11:26:21 AM
Electronic Record and Signature Disclosure:
Accepted: 12/19/2021 5:00:41 PM
ID: 6497eac7-8e93-46aa-93ed-ab8ccd36a77f
Signer Events Signature Timestamp
Scott Gray
scott.gray@cityofdenton.com
Director - Airport & Facilities
x
Security Level: Email, Account Authentication
(None)
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Using IP Address: 47.38.255.16
Signed using mobile
Sent: 12/21/2021 11:26:24 AM
Viewed: 12/21/2021 11:27:19 AM
Signed: 12/21/2021 11:28:13 AM
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ID: 8bf5a8e7-6e09-4321-8f05-7791d5f03996
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/21/2021 11:28:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/20/2021 12:15:18 PM
ID: 762d2506-e9d7-4d2f-875c-6a9b0401d597
In Person Signer Events Signature Timestamp
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/16/2021 11:23:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Squadra
csquadra@peakprogramvalue.com
Security Level: Email, Account Authentication
(None)
Sent: 12/16/2021 3:42:59 PM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Accepted: 12/22/2021 2:29:57 PM
ID: c36fa98a-f839-48e6-b5f3-701ffea4343d
David Boots
David.Boots@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/16/2021 3:43:00 PM
Viewed: 12/17/2021 8:01:31 AM
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Gaila Barnett
gbarnett@peakprogramvalue.com
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Sent: 12/16/2021 3:43:00 PM
Viewed: 12/20/2021 9:32:24 AM
Electronic Record and Signature Disclosure:
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Kenneth Hedges
Kenneth.Hedges@cityofdenton.com
Fire Chief
Security Level: Email, Account Authentication
(None)
Sent: 12/21/2021 11:26:25 AM
Viewed: 12/21/2021 11:27:38 AM
Electronic Record and Signature Disclosure:
Accepted: 8/20/2021 2:11:02 PM
ID: 27cec36c-26bb-4cc1-960e-217d7204f217
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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(None)
Sent: 12/21/2021 11:28:16 AM
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City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Marissa Barrett
marissa.barrett@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Envelope Sent Hashed/Encrypted 12/16/2021 11:20:40 AM
Payment Events Status Timestamps
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Nelson, Scott Gray, Rosa Rios, Chris Squadra, Kenneth Hedges
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-079,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the City Manager to execute a contract with BWI Companies,Inc.,through the Buy Board Cooperative
Purchasing Network Contract #611-20,for the purchase of ryegrass seed,specialty landscape,turf,and grower
supplies for the Parks and Recreation,Drainage,and Streets Departments;providing for the expenditure of
funds therefor;and providing an effective date (File 7910 -awarded to BWI Companies,Inc.,for one (1)year,
with the option for two (2)additional one (1)year extensions,in the total three (3)year not-to-exceed amount
of $200,000.00).
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager to execute a contract with BWI Companies, Inc., through the Buy Board
Cooperative Purchasing Network Contract # 611-20, for the purchase of ryegrass seed, specialty landscape,
turf, and grower supplies for the Parks and Recreation, Drainage, and Streets Departments; providing for
the expenditure of funds therefor; and providing an effective date (File 7910 – awarded to BWI Companies,
Inc., for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3)
year not-to-exceed amount of $200,000.00).
INFORMATION/BACKGROUND
The Parks Department purchases specialty landscape, turf, tree, athletic field, and grower supplies for the
Parks, Drainage, Water, Wastewater, and Streets Departments. Maintenance staff uses a variety of seeds
from over-seeding athletic fields to applying erosion control over-seeds athletic fields. The departments
also purchase other industry supplies throughout the year to ensure that departmental and industry standards
are met. The Parks Department is requesting to utilize Buy Board Cooperative Purchasing Agreement.
Projected Spend
Purchase Category Parks Water/Wastewater Streets/Drainage Total
Seed 50,000 2,500 2,500 55,000
Supplies & Tools 25,000 2,500 2,500 30,000
Compost 10,000 - - 10,000
Athletic Supplies 105,000 - - 105,000
Total $ 190,000 $ 5,000 $ 5,000 $ 200,000
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.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On February 1, 2005, Council approved the interlocal agreement with the Buy Board Cooperative
Purchasing Network (Ordinance 2005-034).
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
RECOMMENDATION
Award a contract with BWI Companies, Inc., for the purchase of ryegrass seed, specialty landscape, turf,
and grower supplies for the Parks and Recreation, Drainage, and Streets Departments, in a one (1) year,
with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed
amount of $200,000.
PRINCIPAL PLACE OF BUSINESS
BWI Companies, Inc.
Carrolton, TX
ESTIMATED SCHEDULE OF PROJECT
This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year
periods, with all terms and conditions remaining the same. This Buy Board contract expires on May 31,
2023.
FISCAL INFORMATION
These items will be funded from the using department’s operating budget. Requisitions will be entered on
an as-needed basis.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Price Sheet
Exhibit 3: Ordinance
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Drew Huffman, 940-349-7464.
Legal point of contact: Marcella Lunn at 940-349-8333.
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
13-0-5 Fertilizer with 0.15% DIM and 25% XCU - 50 lb Agri-Nutrients BG 21.81$ Fertilizers:Combination:Granular
13-0-5 Fertilizer with 0.29% PS and 25% XCU - 50 lb Agri-Nutrients BG 19.91$ Fertilizers:Combination:Granular
15-0-30 Fertilizer - 50 lb Agri-Nutrients BG 29.24$ Fertilizer:Lawn:Granular
18-0-5 Fertilizer with 50% UFLEXX, 3% FE HUM - 50 lb Agri-Nutrients BG 30.21$ Fertilizers:Fairway Grade:Granular
21-7-14 Fertilizer with 25% XCU and 3% FE 6S - 50 lb Agri-Nutrients BG 31.97$ Fertilizers:General Turf
24-0-0 Fertilizer with 30% UFLEXX and 2% FE - 50 lb Agri-Nutrients BG 23.43$ Fertilizers:Fairway Grade:Granular
10-5-20 Fertilizer with 50% UFLEXX, 50% AM N, 2% FeSucrate, 1% Mg, MOP, 100 DG, Procote - 50 lb Agri-Nutrients BG 29.70$ Fertilizers:Fairway Grade:Granular
13-13-13 Fertilizer with Procote - 50 lb Agri-Nutrients BG 25.79$ Fertilizers:Fairway Grade:Granular
21-0-0 100% Ammonium Sulfate Fertilizer with Procote - 50 lb Agri-Nutrients BG 22.79$ Fertilizers:Fairway Grade:Granular
21-7-14 Fertilizer with 25% XCU, 6% S, 3% Fe, Am Sulfate, Procote - 50 lb Agri-Nutrients BG 33.47$ Fertilizers:Fairway Grade:Granular
28-0-10 Fertilizer with 50% XCU, Procote Fe - 50 lb Agri-Nutrients BG 27.37$ Fertilizers:Fairway Grade:Granular
25-0-10 Fertilizer with 50% UFLEXX, 2% FE, 2% MG - 50 lb Agri-Nutrients BG 32.21$ Fertilizers:Fairway Grade:Granular
28-3-8 Fertilizer with 50% UFLEXX and 2% FE - 50 lb Agri-Nutrients BG 33.11$ Fertilizers:Fairway Grade:Granular
40-0-0 Fertlizer with 50% UFLEXX and 5% FE - 50 lb Agri-Nutrients BG 38.00$ Fertilizers:Fairway Grade:Granular
100% UFLEXX - 50 lb Agri-Nutrients BG 46.25$ Fertilizers:General Turf
46-0-0 UMAXX SRN - 50 lb Agri-Nutrients BG 51.33$ Fertilizers:Fairway Grade:Granular
24-2-12 Fertilizer with 55% SRN and 1% FE TRC - 50 lb Agri-Nutrients BG 36.47$ Fertilizers:Fairway Grade:Granular
18-0-0 Fertilizer with 1% OXASHIELD - 50 lb Agri-Nutrients BG 41.69$ Fertilizers:Combination:Granular
20-5-10 25% XCU 0.22% Dimension - 50 lb Agri-Nutrients BG 37.68$ Fertilizers:Combination:Granular
10-20-10 Fertilizer - 50 lb Agri-Nutrients BG 15.33$ Fertilizers:Fairway Grade:Granular
19-0-6 .15%DIM 25%XCU 50#Agri-Nutrients, Inc.BG 20.57$ Fertilizers:Combination:Granular
19-0-6 .29 PS 25%XCU 50#Agri-Nutrients, Inc.BG 15.71$ Fertilizers:Combination:Granular
34-3-11 30% UFLEX 50#Agri-Nutrients, Inc.BG 35.33$ Fertilizers:Fairway Grade:Granular
5-10-31 Fertilizer with 10% Iron Sucrate - 50 lb Agri-Nutrients, Inc.BG 32.87$ Fertilizer:Lawn:Granular
Quickgrass Pro Erosion Control Blanket American Excelsior Company DI 129.43$ Professional Turf:Erosion Control
Curlex I Erosion Control Blanket - 4' x 112.5', Natural American Excelsior Company RL 30.92$ Professional Turf:Erosion Control
Curlex II Erosion Control Blanket - 4' x 112.5', Natural American Excelsior Company RL 31.68$ Professional Turf:Erosion Control
Curlex II Erosion Control Blanket - 4' x 112.5', Green American Excelsior Company RL 37.81$ Professional Turf:Erosion Control
Curlex I Erosion Control Blanket - 8' x 112.5', Green American Excelsior Company RL 75.62$ Professional Turf:Erosion Control
Curlex II Erosion Control Blanket - 8' x 112.5', Green American Excelsior Company RL 58.78$ Professional Turf:Erosion Control
Curlex I Erosion Control Blanket - 8' x 112.5', Natural American Excelsior Company RL 52.97$ Professional Turf:Erosion Control
Curlex II Erosion Control Blanket - 8' x 112.5', Natural American Excelsior Company RL 55.24$ Professional Turf:Erosion Control
Recyclex Turf Mat - 8' x 90'American Excelsior Company RL 182.88$ Professional Turf:Erosion Control
Curlex Sediment Log - 12" x 10'American Excelsior Company EA 21.49$ Professional Turf:Erosion Control
Curlex Sediment Log - 9" x 25'American Excelsior Company EA 38.95$ Professional Turf:Erosion Control
Straw Erosion Control Blanket - 8' x 112.5'American Excelsior Company RL 37.46$ Professional Turf:Erosion Control
Curlex Double Net (Curlex II) Erosion Control Blanket - 4' x 112.5', Green American Excelsior Company RL 27.85$ Professional Turf:Erosion Control
Curlex Erosion Control Blanket - 4' x 150', Natural American Excelsior Company RL 34.23$ Professional Turf:Erosion Control
Curlex Erosioin Control Blanket - 8' x 112.5', Green American Excelsior Company RL 54.05$ Professional Turf:Erosion Control
Curlex I Erosion Control Blanket - 8' x 150', Natural American Excelsior Company RL 68.47$ Professional Turf:Erosion Control
10-20-20 Professional Fertilizer - 50 lb American Plant Food Corp.BG 26.29$ Fertilizers:Fairway Grade:Granular
18-24-12 Fertilize wtih 3% Sulfur - 50 lb American Plant Food Corp.BG 27.93$ Fertilizer:Garden:Granular
15-15-15 Fertilizer with 9% Sulfur - 50 lb American Plant Food Corp.BG 29.13$ Fertilizer:Garden:Granular
K-8 Lawn Plant Food 15-5-10 - 40 lb American Plant Food Corp.BG 18.28$ Fertilizer:Garden:Granular
N-Rich Ammonium Sulfate 21-0-0 - 50 lb American Plant Food Corp.BG 21.02$ Fertilizer:Lawn:Granular
N-Rich Ammonium Sulfate 21-0-0 - 2000 lb American Plant Food Corp.BG 661.43$ Fertilizers:Fairway Grade:Granular
S-Sul Sprayable Ammonium Sulfate 21-0-0 Herbicide Adjuvant - 51 lb American Plant Food Corp.BG 20.04$ Fertilizers:Greens Grade:Granular
SoluGreen Ammonium Sulfate 21-0-0 Greens Grade - 50 lb American Plant Food Corp.BG 19.33$ Fertilizers:Greens Grade:Granular
21-7-14 Professional Fertilizer with 25% SCU, 3% Iron, & Trace Elements - 50 lb American Plant Food Corp.BG 19.78$ Fertilizers:General Turf
11-17-7 Belgium Garden Formula - 50 lb American Plant Food Corp.BG 6.11$ Fertilizer:Garden:Granular
Deadline Ornamental Snail Bait - 25 lb Amvac BG 93.67$ Insecticides:Granular
Orthene Turf Tree Ornamental 97 Spray - 0.773 lb Amvac EA 16.30$ Insecticides:Miscellaneous
Orthene Turf Tree Ornamental 97 Spray - 7.73 lb Amvac EA 127.51$ Insecticides:Miscellaneous
Orthene Turf Tree Ornamental WSP - 3 x 1/3 lb Amvac EA 15.18$ Insecticides:Miscellaneous
Nuvan Prostrips - 3 x 65 g Amvac EA 35.00$ Insecticides
Nuvan Prostrips - 12 x 16 g Amvac EA 48.53$ Insecticides
Nuvan Directed Spray Aerosol - 17 oz Amvac EA 36.71$ Insecticides:Aerosols
Basamid G Soil Fumigant - 50 lb Amvac BG 520.98$ Professional Turf:Soil Amendments
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Cutrine-Plus Liquid - 2.5 gal Applied Biochemists EA 86.20$ Pond Management:Weed and Algae Control
Cutrine-Plus Granular - 12 lb Applied Biochemists EA 42.44$ Pond Management:Weed and Algae Control
Aquashade Dye - 1 gal Applied Biochemists EA 52.18$ Pond Management:Weed and Algae Control
Cutrine-Plus Liquid - 1 gal Applied Biochemists EA 36.19$ Pond Management:Weed and Algae Control
Weedtrine-D Aquatic Herbicide - 1 gal Applied Biochemists EA 62.48$ Pond Management:Weed and Algae Control
Cutrine-Plus Granular - 30 lb Applied Biochemists BG 91.53$ Pond Management:Weed and Algae Control
AcidipHy Liquid Irrigation Water Acidifier - 2.5 gal Aqua-Aid EA 135.82$ Adjuvants and Markers:Wetting Agents
Aquifer Pellet - 8oz Aqua-Aid EA 13.23$ Adjuvants and Markers:Wetting Agents
AQM Tougher Turf Pellets (12 pack)Aqua-Aid EA 307.23$ Adjuvants and Markers:Wetting Agents
OARS Soil Hydrating Surfactant - 2.5 gal Aqua-Aid EA 230.00$ Adjuvants and Markers:Wetting Agents
OARS HS Soil Hydrating Surfactant - 2.5 gal Aqua-Aid EA 237.69$ Adjuvants and Markers:Wetting Agents
OARS Pellets (12 pack)Aqua-Aid EA 175.67$ Adjuvants and Markers:Wetting Agents
OARS PS Soil Penetrating Surfactant - 2.5 gal Aqua-Aid EA 232.69$ Adjuvants and Markers:Wetting Agents
PBS150 - 2.5 gal Aqua-Aid EA 233.85$ Adjuvants and Markers:Wetting Agents
Aqua-Aid Surfactant - 2.5 gal Aqua-Aid EA 87.31$ Adjuvants and Markers:Wetting Agents
Aquifer Surfactant - 2.5 gal Aqua-Aid EA 189.23$ Adjuvants and Markers:Wetting Agents
Worm Power Turf - 2.5 gal Aqua-Aid EA 69.32$ Fertilizers:General Turf:Liquid
Worm Power Turf - 55 gal Aqua-Aid DM 1,370.41$ Fertilizers:General Turf:Liquid
Verde-Cal G Greens Grade - 50 lb Aqua-Aid BG 30.77$ Fertilizers:Micronutrients
Verde-Cal Greens Grade - 50 lb Aqua-Aid BG 27.62$ Professional Turf:Soil Amendments
Verde-Cal K Plus - 50 lb Aqua-Aid BG 60.00$ Fertilizers:Micronutrients
Verde-Cal G Course Grade - 50 lb Aqua-Aid BG 26.57$ Professional Turf:Soil Amendments
Verde-Lawn - 50 lb Aqua-Aid BG 21.05$ Professional Turf:Soil Amendments
AquaGro 2000 - 120 lb Aquatrols DM 770.00$ Adjuvant:Wetting Agents
Primer Select Soil Surfactant - 50 lb Aquatrols BG 108.46$ Adjuvants and Markers:Wetting Agents
Aqua-Gro 2000 - 44 lb Aquatrols DM 267.67$ Adjuvant:Wetting Agents
Primer Select Soil Surfactant - 2.5 gal Aquatrols EA 191.92$ Adjuvants and Markers:Wetting Agents
Sixteen 90 - 2.5 gal Aquatrols EA 183.85$ Adjuvants and Markers:Wetting Agents
Primer Select Soil Surfactant - 30 gal Aquatrols DM 2,284.62$ Adjuvants and Markers:Wetting Agents
Blast Injectable Agency - 30 gal Aquatrols DM 1,013.08$ Adjuvants and Markers:Wetting Agents
Dispatch Sprayable - 2.5 gal Aquatrols EA 248.13$ Adjuvants and Markers:Wetting Agents
Aqueduct Soil Surfactant - 2.5 gal Aquatrols EA 184.88$ Adjuvants and Markers:Wetting Agents
Aqueduct Soil Surfactant - 30 gal Aquatrols DM 2,028.00$ Adjuvants and Markers:Wetting Agents
Aqueduct Flex Granular - 44 lb Aquatrols BG 165.00$ Adjuvants and Markers:Wetting Agents
Aqua-Gro L with PsiMatric Technology - 2.5 gal Aquatrols EA 254.38$ Adjuvant:Wetting Agents
Revolution Soil Surfactant - 30 gal Aquatrols DM 3,268.50$ Adjuvants and Markers:Wetting Agents
Revolution Soil Surfactant - 2.5 gal Aquatrols EA 278.00$ Adjuvants and Markers:Wetting Agents
Zipline Soil Surfactant - 2.5 gal Aquatrols EA 283.38$ Adjuvants and Markers:Wetting Agents
Zipline Soil Surfactant - 30 gal Aquatrols DM 3,348.00$ Adjuvants and Markers:Wetting Agents
CapSil Surfactant - 1 gal Aquatrols EA 187.92$ Adjuvant:Wetting Agents
Dispatch Sprayable - 30 gal Aquatrols DM 2,847.00$ Adjuvants and Markers:Wetting Agents
Advantage Applicator Aquatrols EA 187.53$ Applicators:Sprayers:Miscellaneous
Advantage Plus Pellets Aquatrols EA 15.86$ Adjuvants and Markers:Wetting Agents
Blast Spray - 2.5 gal Aquatrols Corp Of Am EA 179.23$ Adjuvants and Markers:Wetting Agents
Tree I.V. F12 Kit Arbor Jet EA 1,515.15$ Professional Turf:Miscellaneous Chemicals
CLEAN-jet - 1 L Arborjet EA 14.00$ Professional Turf:Miscellaneous Chemicals
NutriRoot - 1 qt Arborjet EA 29.99$ Professional Turf:Miscellaneous Chemicals
PALM-jet Mg - 4 L Arborjet EA 129.00$ Professional Turf:Miscellaneous Chemicals
Shortstop - 1 gal Arborjet EA 399.00$ Professional Turf:Miscellaneous Chemicals
IMA-jet - 1 L Arborjet EA 299.00$ Professional Turf:Miscellaneous Chemicals
ACE-jet - 20 x 15 g Arborjet EA 213.50$ Professional Turf:Miscellaneous Chemicals
PHOSPHO-jet - 1 L Arborjet EA 79.99$ Professional Turf:Miscellaneous Chemicals
Propizol - 4 L Arborjet EA 69.99$ Professional Turf:Miscellaneous Chemicals
Arbor-OTC - 28 g Arborjet EA 140.00$ Professional Turf:Miscellaneous Chemicals
TREE I.V. 2-Pack Kit Arborjet EA 849.00$ Professional Turf:Miscellaneous Chemicals
Arborplugs #3 - 9/32" - (100 pack)Arborjet EA 48.05$ Professional Turf:Miscellaneous Chemicals
Arborplugs #4 - Black, 3/8" (100 pack)Arborjet EA 48.05$ Professional Turf:Miscellaneous Chemicals
QUIK-jet Air Kit Arborjet EA 2,299.00$ Professional Turf:Miscellaneous Chemicals
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Tree Diameter Tape Arborjet EA 26.00$ Professional Turf:Miscellaneous Equipment
Mn-jet Fe - 1 L Arborjet, Inc.EA 118.48$ Professional Turf:Miscellaneous Chemicals
Drill Bits - 3/8"Arborjet, Inc.EA 22.00$ Professional Turf:Miscellaneous Equipment
DRILL BITS 9/32" PK/2 Arborjet, Inc.EA 22.00$ Professional Turf:Miscellaneous Equipment
Ryegrass, Jumbo - 50 lb Barenbrug BG 41.99$ Field Seed:Forage Ryegrasses:Proprietary
Ryegrass, Maximus - 50 lb Barenbrug BG 44.29$ Field Seed:Forage Ryegrasses:Proprietary
Water Saver with RTF Turf Type Tall Fescue - 10 lb Barenbrug EA 30.62$ Lawn Seed:Turf Type Fescue
Water Saver with RTF Turf Type Tall Fescue - 5 lb Barenbrug EA 15.75$ Lawn Seed:Turf Type Fescue
Neches Clover with Yellow Jacket - 25 lb Barenbrug BG 87.50$ Field Seed:Legumes:Clovers
Water Saver with RTF Turf Type Tall Fescue - 25 lb Barenbrug BG 73.07$ Lawn Seed:Turf Type Fescue
Pebble Beach Fairway Blend Golf Course Quality Grass Seed - 10 lb Barenbrug EA 27.25$ Lawn Seed:Perennial Ryegrass
Pebble Beach Sun & Shade Golf Course Quality Grass Seed Mixture - 3 lb Barenbrug EA 9.13$ Lawn Seed:Perennial Ryegrass
Pebble Beach Fairway Blend Golf Course Quality Grass Seed - 20 lb Barenbrug BG 46.67$ Lawn Seed:Perennial Ryegrass
Forb Feast Chicory - 25 lb Barenbrug BG 91.33$ Wildlife:Seed
Winter Wonderlawn Grass Seed - 25 lb Barenbrug BG 43.07$ Lawn Seed:Turf Type Fescue
Winter Wonderlawn Grass Seed - 50 lb Barenbrug BG 78.29$ Lawn Seed:Turf Type Fescue
Baralfa X42 with Yellow Jacket - 25 lb Barenbrug BG 116.99$ Field Seed:Legumes:Alfalfa
Daikon Radish with Yellow Jacket - 25 lb Barenbrug BG 48.65$ Field Seed:Legumes:Miscellaneous
Barduro Red Clover with Yellow Jacket - 10 lb Barenbrug EA 23.57$ Field Seed:Legumes:Clovers
Clover, Regalgraze Ladino - 25 lb Barenbrug BG 95.89$ Field Seed:Legumes:Clovers
Clover, White, Barblanca, Coated - 25 lb Barenbrug BG 97.35$ Field Seed:Legumes:Clovers
Panterra SOS 400 Turf Type Annual Ryegrass - 50 lb Barenbrug BG 68.40$ Grass Seed:Annual Ryegrass
Panterra SOS 400 Turf Type Annual Ryegrass - 25 lb Barenbrug BG 36.64$ Grass Seed:Annual Ryegrass
Clover, Barduro with Yellow Jacket - 25 lb Barenbrug BG 79.50$ Field Seed:Legumes:Clovers
Fescue, Baroptima + E34 - 25 lb Barenbrug BG 84.86$ Field Seed:Forage Fescues
Mojo Crabgrass Seed - 25 lb Barenbrug BG 129.50$ Field Seed:Miscellaneous Grasses
Teff Grass Moxie - 50 lb Barenbrug BG 126.32$ Field Seed:Miscellaneous Grasses
Turf Saver RTF Rhizomatous Tall Fescue - 10 lb Barenbrug EA 33.08$ Lawn Seed:Turf Type Fescue
Turf Saver RTF Rhizomatous Tall Fescue - 25 lb Barenbrug BG 77.20$ Lawn Seed:Turf Type Fescue
Turf Saver RTF Rhizomatous Tall Fescue - 50 lb Barenbrug BG 154.40$ Lawn Seed:Turf Type Fescue
Turnips, Barkant Forage - 25 lb Barenbrug BG 50.93$ Field Seed:Legumes:Miscellaneous
Turf Blue HGT with Yellow Jacket - 50 lb Barenbrug Usa-Mktng Divis BG 247.86$ Lawn Seed:Miscellaneous
Barisca Forage Rape with Yellow Jacket - 25 lb Barenbrug Usa-Mktng Divis BG 27.90$ Field Seed:Legumes:Miscellaneous
SOS Turf-Type Annual Ryegrass Blend (SOS 211) - 50 lb Barenbrug Usa-Mktng Divis BG 114.00$ Grass Seed:Perennial Ryegrass
High Leaf Ratio (HLR) Orchardgrass Blend - 25 lb Barenbrug Usa-Mktng Divis BG 95.58$ Field Seed:Miscellaneous Grasses
Pendulum 3.3EC Herbicide - 2.5 gal Basf EA 76.92$ Herbicides:Pre Emergent:Liquid
Pendulum 2G Herbicide - 40 lb Basf BG 75.35$ Herbicides:Pre Emergent:Granular
System III Large Pouch Basf EA 34.44$ Applicators:Parts
Advance Station Replacement Caps (25 Pack)Basf EA 38.36$ Traps, Monitors, Stations
The Spider Station Access Tool Basf EA 30.44$ Applicators:Parts
System III Gun & Hose Assembly Basf EA 232.17$ Applicators
System III Hose Assembly - Red Basf EA 34.88$ Applicators:Parts
Termidor Dry Applicator Basf EA 177.78$ Applicators
Trinity Fungicide - 2.5 gal Basf EA 629.51$ Fungicides and Algaecides:Liquid
Siesta Insecticide Fire Ant Bait - 15 lb Basf BG 246.62$ Insecticides:Granular:Ant Bait
Honor Intrinsic Brand Fungicide WDG - 3 lb Basf EA 468.00$ Fungicides and Algaecides:Liquid
Pendulum AquaCap Herbicide - 15 gal Basf DM 765.00$ Herbicides:Post Emergent:Selective Liquid
Stature SC Fungicide - 25 oz Basf EA 261.68$ Fungicide and Algaecide:Liquid
Freehand 1.75G Herbicide - 50 lb Basf BG 97.50$ Herbicides:Post Emergent:Selective Granular
Basagran T&O Herbicide - 1 gal Basf EA 86.86$ Herbicides:Post Emergent:Selective Liquid
Cy-Kick CS Controlled Release Insecticide - 1 pt Basf EA 49.28$ Insecticides:Liquids
Cy-Kick CS Controlled Release Insecticide - 120 oz Basf EA 283.20$ Insecticides:Liquids
Instant Soap 'N Water Foaming Cleanser - 9 oz Basf EA 9.13$ Cleaners, Sanitizers
Advance Granular Carpenter Ant Bait - 8 oz Basf EA 26.97$ Insecticides:Insect Baits
Advance Granular Carpenter Ant Bait - 2 lb Basf EA 91.67$ Insecticides:Insect Baits
PermaCap CS Controlled Release Insecticide - 120 oz Basf EA 108.80$ Insecticides:Liquids
Advance 360A Dual Choice Ant Bait Stations (4 Pack)Basf EA 5.38$ Insecticides:Insect Baits
Pylon Miticide-Insecticide - 1 pt Basf EA 579.84$ Insecticides:Liquid
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Pageant Intrinsic Brand Fungicide - 1 lb Basf EA 95.60$ Fungicides and Algaecides:Water Soluble
Pageant Intrinsic Brand Fungicide - 12 lb Basf EA 1,062.00$ Fungicides and Algaecides:Water Soluble
Pylon TR Total Release Miticide/Insecticide - 2 oz Basf EA 26.09$ Insecticides:Aerosol
Orvego Fungicide - 28 oz Basf EA 202.00$ Fungicide and Algaecide:Liquid
Pageant TR Intrinsic Brand Fungicide - 3 oz Basf EA 40.43$ Fungicide and Algaecide:Liquid
Trinity TR Total Release Fungicide - 3 oz Basf EA 40.43$ Fungicide and Algaecide:Liquid
Pillar G Intrinsic Brand Fungicide - 30 lb Basf BG 80.67$ Fungicides and Algaecides:Granular
Termidor Foam Termiticide / Insecticide - 20 oz Basf EA 27.47$ Insecticides:Aerosols
Empress Intrinsic Brand Fungicide - 24 oz Basf EA 210.71$ Fungicide and Algaecide:Liquid
Honor Intrinsic Brand Fungicide - 36 lb Basf DM 4,176.00$ Fungicides and Algaecides:Granular
Pylex Herbicide - 8 oz Basf EA 553.36$ Herbicides:Post Emergent:Selective Liquid
Shake Down Antifoaming Agent - 1 qt Basf EA 20.11$ Adjuvants and Markers:Defoaming Agent
Xzemplar Fungicide - 114 oz Basf EA 1,488.84$ Fungicides and Algaecides:Liquid
Lexicon Intrinsic Brand Fungicide - 21 oz Basf EA 525.00$ Fungicides and Algaecides:Liquid
PT Alpine Pressurized Fly Bait - 16 oz Basf EA 24.32$ Insecticides:Aerosols
Alpine Cockroach Gel Bait Rotation 2 Reservoir - 4 x 30 g Basf EA 27.69$ Insecticides:Insect Baits
Sultan Miticide - 1 pt Basf EA 158.00$ Insecticides:Liquid
Xzemplar Fungicide - 11.4 oz Basf EA 171.00$ Fungicides and Algaecides:Liquid
Insignia SC Intrinsic Brand Fungicide - 30.5 oz Basf EA 458.72$ Fungicides and Algaecides:Liquid
Insignia SC Intrinsic Brand Fungicide - 2.5 gal Basf EA 3,110.00$ Fungicides and Algaecides:Liquid
Pylon Miticide-Insecticide - 0.5 gal Basf EA 1,552.50$ Insecticides:Liquid
Alpine WSG Water Soluble Granule Insecticide - 200 g Basf EA 75.00$ Insecticides:Wettable Powder
Tower Herbicide - 2.5 gal Basf EA 802.50$ Herbicides:Pre Emergent:Liquid
Orkestra Intrinsic Brand Fungicide - 16 oz Basf EA 147.20$ Fungicide and Algaecide:Liquid
Segment II Herbicide - 2.5 gal Basf EA 650.07$ Herbicide:Post Emergent:Liquid
Selontra Rodent Bait - 8 lb Basf EA 77.33$ Rodenticides
Pillar G Intrinsic Brand Fungicide - 15 lb Basf BG 45.23$ Fungicides and Algaecides:Granular
Termidor SC Termiticide / Insecticide - 20 oz Basf EA 79.73$ Insecticides:Liquids
Phantom Termiticide-Insecticide - 75 oz Basf EA 276.00$ Insecticides:Liquids
Phantom Termiticide-Insecticide - 21 oz Basf EA 82.88$ Insecticides:Liquids
Pendulum AquaCap Herbicide - 2.5 gal Basf EA 179.04$ Herbicides:Pre Emergent:Liquid
Amdro Pro Fire Ant Bait - 25 lb Basf BG 427.46$ Insecticides:Granular:Ant Bait
Drive XLR8 Herbicide - 0.5 gal Basf EA 62.82$ Herbicides:Post Emergent:Selective Liquid
Admiral Lake & Pond Colorant - 1 gal Basf EA 51.50$ Pond Management:Weed and Algae Control
Black Onyx Lake Colorant - 1 gal Basf EA 93.68$ Adjuvants and Markers:Colorant and Marker
All-Weather Foam Concentrate - 1 gal Basf EA 64.83$ Adjuvants and Markers:Wetting Agents
Green Lawnger Turf Colorant - 1 gal Basf EA 72.06$ Adjuvants and Markers:Colorant and Marker
Green Lawnger Turf Colorant - 2.5 gal Basf EA 180.15$ Adjuvants and Markers:Colorant and Marker
Hi-Light Blue Spray Pattern Indicator - 1 gal Basf EA 56.62$ Adjuvants and Markers:Colorant and Marker
Neutralize Spray Tank Cleaner - 2 lb Basf EA 17.12$ Professional Turf:Miscellaneous Chemicals
Sprint 138 Turf & Greenhouse Nutrients - 5 lb Basf EA 106.60$ Fertilizers:Micro Nutrients
Sprint 330 Turf & Greenhouse Nutrients - 50 lb Basf EA 502.73$ Fertilizers:Micro Nutrients
Sprint 330 Turf & Greenhouse Nutrients - 5 lb Basf EA 56.96$ Fertilizers:Micro Nutrients
Turf Mark Blue Spray Pattern Indicator - 1 qt Basf EA 19.65$ Adjuvants and Markers:Colorant and Marker
Turf Mark Blue Spray Pattern Indicator - 1 gal Basf EA 57.65$ Adjuvants and Markers:Colorant and Marker
Turf Mark Blue Spray Pattern Indicator - 2.5 gal Basf EA 133.31$ Adjuvants and Markers:Colorant and Marker
Turf Mark Blue Spray Pattern Indicator - 30 gal Basf DM 1,513.24$ Adjuvants and Markers:Colorant and Marker
Turf Mark Green Spray Pattern Indicator - 2.5 gal Basf EA 160.34$ Adjuvants and Markers:Colorant and Marker
Transition HC Turf Colorant - 1 gal Basf EA 188.79$ Adjuvants and Markers:Colorant and Marker
Vision Pro HD Turf Colorant - 1 gal Basf EA 169.34$ Adjuvants and Markers:Colorant and Marker
Pendulum AquaCap Herbicide - 110 gal Basf DM 5,500.00$ Herbicides:Pre Emergent:Liquid
Orthene PCO Pellets - 10 x 1.4 oz Basf EA 63.98$ Insecticides:Wettable Powder
Ultra Pure Oil Horticultural Insecticide, Miticide & Fungicide - 2.5 gal Basf EA 74.41$ Insecticides:Natural
Ultra Pure Oil Horticultural Insecticide, Miticide & Fungicide - 30 gal Basf DM 756.62$ Insecticides:Natural
Pyrethrum TR Total Release Insecticide - 2 oz Basf EA 26.09$ Insecticides:Aerosol
DuraGuard ME Microencapsulated Insecticide - 1 gal Basf EA 326.67$ Insecticides:Liquid
Attain TR Total Release Insecticide - 2 oz Basf EA 26.09$ Insecticides:Aerosol
Duraplex TR Total Release Insecticide - 2 oz Basf EA 24.29$ Insecticides:Aerosol
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Green-Shield II Disinfectant & Algicide - 1 gal Basf EA 46.28$ Fungicide and Algaecide:Liquid
Green-Shield II Disinfectant & Algicide - 30 gal Basf DM 1,204.58$ Fungicide and Algaecide:Liquid
Sensor Yellow Pest Monitoring Cards - 3" x 5"Basf EA 25.63$ Professional Grower:Miscellaneous Chemicals
Beethoven TR Total Release Miticide/Insecticide - 2 oz Basf EA 23.65$ Insecticides:Liquid
1300 Orthene TR Total Release Insecticide - 6 oz Basf EA 29.74$ Insecticides:Aerosol
Hi-Light Red Spray Pattern Indicator - 1 qt Basf Corporation EA 34.72$ Adjuvant:Spray Indicators
Nemasys Benefical Nematodes (50 million)Basf Corporation EA 36.35$ Insecticides:Lawn and Garden:Granular
Bayleton 50 WSP Fungicide - 4 x 5.5 oz Bayer EA 140.68$ Fungicides and Algaecides:Water Soluble
Merit 2F Insecticide - 1 gal Bayer EA 67.57$ Insecticides:Liquid
Compass 50 WG Fungicide - 1 lb Bayer EA 458.31$ Fungicide and Algaecide:WDG
Forbid 4F Miticide - 8 oz Bayer EA 248.41$ Insecticides:Liquid
Acclaim Extra Herbicide - 1 gal Bayer EA 641.00$ Herbicides:Post Emergent:Selective Liquid
Acclaim Extra Herbicide - 1 pt Bayer EA 86.37$ Herbicides:Post Emergent:Selective Liquid
Banol Fungicide - 1 gal Bayer EA 570.31$ Fungicides and Algaecides:Liquid
Prograss EC Herbicide - 2.5 gal Bayer EA 427.65$ Herbicides:Post Emergent:Selective Liquid
Proxy Growth Regulator - 2.5 gal Bayer EA 107.19$ Professional Turf:Plant Growth Regulators
26GT Fungicide - 2.5 gal Bayer EA 511.28$ Fungicides and Algaecides:Liquid
Ronstar G Herbicide - 50 lb Bayer BG 91.03$ Herbicide:Pre Emergent:Granular
Chipco Signature Fungicide - 5.5 lb Bayer EA 193.87$ Fungicides and Algaecides:Water Soluble
Sencor 75 Herbicide - 5 lb Bayer EA 506.78$ Herbicides:Post Emergent:Selective Miscellaneous
Merit 75 WSP Insecticide - 4 x 1.6 oz Bayer EA 23.03$ Insecticides:Miscellaneous
Revolver Herbicide - 1 qt Bayer EA 285.91$ Herbicides:Post Emergent:Selective Liquid
Dylox 420 SL Insecticide - 2.5 gal Bayer EA 236.49$ Insecticides:Liquid
Merit 75 WSP Insecticide - 110 x 1.6 oz Bayer DM 1,254.00$ Insecticides:Liquid
CoreTect Tree & Shrub Tablets Insecticide - 1.38 lb Bayer EA 92.18$ Insecticides:Granular
Revolver Herbicide - 87 oz Bayer EA 626.30$ Herbicides:Post Emergent:Selective Liquid
Sevin SL Insecticide - 2.5 gal Bayer EA 144.70$ Insecticides:Liquid
Celsius WG Herbicide - 10 oz Bayer EA 107.65$ Herbicides:Post Emergent:Selective Liquid
Banol Fungicide - 2.5 gal Bayer EA 999.20$ Fungicides and Algaecides:Liquid
TopChoice Insecticide - 50 lb Bayer BG 84.37$ Insecticides:Granular
Armada 50 WDG Fungicide - 2 lb Bayer EA 116.25$ Fungicides and Algaecides:Water Soluble
Specticle FLO Herbicide - 1 gal Bayer EA 1,730.00$ Herbicides:Pre Emergent:Liquid
Specticle FLO Herbicide - 18 oz Bayer EA 254.25$ Herbicides:Pre Emergent:Liquid
Ronstar FLO Herbicide - 2.5 gal Bayer EA 447.80$ Herbicides:Pre Emergent:Liquid
Esplanade EZ Herbicide - 2.5 gal Bayer EA 222.30$ Herbicides:Post Emergent:Non selective Liquid
Fiata Stressgard Fungicide - 2.5 gal Bayer EA 142.38$ Fungicides and Algaecides:Liquid
Chipco Signature Fungicide - 44 lb Bayer CS 1,317.04$ Fungicides and Algaecides:Water Soluble
Specticle Total Herbicide - 144 oz Bayer EA 80.01$ Herbicides:Pre Emergent:Liquid
Mirage Stressgard Fungicide - 2.5 gal Bayer EA 417.00$ Fungicides and Algaecides:Liquid
Interface Stressgard Fungicide - 2.5 gal Bayer EA 472.50$ Fungicides and Algaecides:Liquid
Tribute Total Herbicide - 6 oz Bayer EA 372.60$ Herbicides:Post Emergent:Selective Liquid
Tartan Stressgard - 2.5 gal Bayer EA 850.00$ Fungicides and Algaecides:Liquid
Cimarron Max Herbicide Co-Pack Bayer EA 36.04$ Herbicides:Post Emergent:Non selective Liquid
Specticle G Herbicide - 50 lb Bayer BG 101.00$ Herbicides:Pre Emergent:Granular
Exteris Stressgard Fungicide - 2.5 gal Bayer EA 286.00$ Fungicides and Algaecides:Liquid
Signature XTRA Stressgard - 5.5 lb Bayer EA 175.00$ Fungicides and Algaecides:Water Soluble
Indemnify Insecticide - 17.1 oz Bayer EA 1,700.00$ Insecticides:Liquid
Trigo Fungicide - 1 lb Bayer EA 105.77$ Fungicide and Algaecide:WDG
Savate SC Insecticide - 8 oz Bayer EA 326.00$ Insecticides:Water Soluble
Kontos Insecticide - 250 mL Bayer EA 181.90$ Insecticides:Water Soluble
Marengo G Herbicide - 50 lb Bayer BG 95.00$ Herbicide:Pre Emergent:Granular
Marengo Herbicide - 18 oz Bayer EA 360.33$ Herbicide:Post Emergent:Liquid
Aliette WDG Fungicide - 5 lb Bayer EA 171.86$ Fungicide and Algaecide:WDG
Esplanade EZ Herbicide - 1 qt Bayer EA 31.42$ Herbicides:Post Emergent:Non selective Liquid
Marengo Herbicide - 64 oz Bayer EA 923.50$ Herbicides:Pre Emergent:Liquid
Fenstop Fungicide - 1 qt Bayer EA 339.49$ Fungicide and Algaecide:Liquid
Altus Insecticide - 64 oz Bayer EA 332.25$ Insecticides:Liquid
Broadform Fungicide - 12 oz Bayer EA 199.33$ Fungicides and Algaecides:Water Soluble
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Dylox 6.2 Insecticide - 30 lb Bayer BG 49.34$ Insecticides:Granular
Merit 0.5 G Insecticide - 30 lb Bayer BG 26.84$ Insecticides:Granular
Merit 75WP Insecticide - 2 oz Bayer EA 31.71$ Insecticides:Miscellaneous
Prokoz Zenith 0.5G Insecticide - 30 lb Bayer BG 26.45$ Insecticides:Granular
Prokoz Zenith 75WSP Insecticide - 1.6 oz Bayer EA 21.79$ Insecticides:Miscellaneous
Prokoz Zenith 2F Insecticide - 1 gal Bayer EA 65.88$ Insecticides:Liquid
Pastora Herbicide - 20 oz Bayer EA 396.80$ Herbicides:Forage Herbicide
Pastora Herbicide - 5 oz Bayer EA 114.40$ Herbicides:Forage Herbicide
Cimarron Plus Herbicide - 10 oz Bayer EA 76.65$ Herbicides:Forage Herbicide
Cimarron Plus Herbicide - 2 oz Bayer EA 23.07$ Herbicides:Forage Herbicide
Velpar L VU - 2.5 gal Bayer EA 384.00$ Herbicides:Forage Herbicide
SPRAYER E50 LEESON MTR Bell EA 3,226.67$ Applicators-Sprayers
21-7-14 Private Label Fertilizer J & N Feed & Seed - 40 lb Bonus Crop BG 23.00$ Fertilizer:Private Label
Ranchers Supply 19-5-9 Private Label Fertilizer with 25% XCU, 20% HOU, 5% S, 2% FE - 40 lb Bonus Crop Fertilizer BG 18.99$ Fertilizer:Private Label
21-0-3 Smith's Private Label Fertilzer - 20 lb Bonus Crop Fertilizer BG 10.57$ Fertilizer:Private Label
21-0-21 Fertilizer with 50% XCU and 3% Iron - 50 lb Bonus Crop Fertilizer BG 30.71$ Fertilizers:Fairway Grade:Granular
24-2-12 Fertilizer with 50% SRN, 0.8% Iron and Trace Elements - 50 lb Bonus Crop Fertilizer BG 35.04$ Fertilizers:Fairway Grade:Granular
24-6-12/FWY 90 50% XCU/5S/2Fe/F700G Bonus Crop Fertilizer BG 26.54$ Fertilizers:Fairway Grade:Granular
25-0-0 50% UFLEXX Fertilizer with 2% Iron and 2% Magnesium - 50 lb Bonus Crop Fertilizer BG 16.73$ Fertilizers:Fairway Grade:Granular
25-0-10 Fertilizer with 50% Uflexx, 2% Iron and 2% Magnesium - 50 lb Bonus Crop Fertilizer BG 27.47$ Fertilizers:Fairway Grade:Granular
28-0-0 Fertilizer with 50% Uflexx - 50 lb Bonus Crop Fertilizer BG 29.14$ Fertilizers:Fairway Grade:Granular
28-3-10 Turf Fertilizer with 50% XCU and 5% Iron - 50 lb Bonus Crop Fertilizer BG 33.57$ Fertilizers:Fairway Grade:Granular
32-3-7 Fertilizer with 30% XCU and 2% Iron - 50 lb Bonus Crop Fertilizer BG 24.70$ Fertilizers:Fairway Grade:Granular
5-10-31 Fertilizer - 50 lb Bonus Crop Fertilizer BG 18.67$ Fertilizers:General Turf:Miscellaneous
Hou-Actinite 6-3-0 Fairway Granules - 50 lb Bonus Crop Fertilizer BG 8.65$ Fertilizers:Natural
10-18-22 Starter Fertilizer - 50 lb Bonus Crop Fertilizer BG 29.71$ Fertilizers:Fairway Grade:Granular
Hou-Actinite 6-3-0 Greens Grade - 50 lb Bonus Crop Fertilizer BG 11.76$ Fertilizers:Natural
Turf Fertilizer 0-0-7 Plus 0.38% Barricade Herbicide - 50 lb Bonus Crop Fertilizer BG 16.21$ Fertilizers:Combination:Granular
0-0-7 Fertilizer with 0.22% Dimension - 50 lb Bonus Crop Fertilizer BG 25.68$ Fertilizers:Combination:Granular
Professional Weed and Feed 0-0-7 with 0.86% Pendimethalin - 50 lb Bonus Crop Fertilizer BG 13.62$ Fertilizers:Combination:Granular
15-5-10 Fertilizer with .86 Pendimethalin - 50 lb Bonus Crop Fertilizer BG 21.45$ Fertilizers:Combination:Granular
15-5-10 Fertilizer with 0.75% Surflan - 50 lb Bonus Crop Fertilizer BG 22.28$ Fertilizers:Combination:Granular
Turf Fertilizer 18-0-18 with .86% Pendimethalin and Trace Elements - 50 lb Bonus Crop Fertilizer BG 23.08$ Fertilizers:Combination:Granular
Turf Fertilizer 18-0-18 Plus 0.43% Barricade Herbicide - 50 lb Bonus Crop Fertilizer BG 26.51$ Fertilizers:Combination:Granular
19-0-6 Fertilizer with 30% XCU and .069% Bifenthrin - 50 lb Bonus Crop Fertilizer BG 20.75$ Fertilizers:Insecticide:Granular
Turf Fertilizer 22-0-6 Plus 0.38% Barricade Herbicide - 50 lb Bonus Crop Fertilizer BG 23.34$ Fertilizers:Combination:Granular
Turf Fertilizer 25-0-5 with 1.15% Atrazine Mini Prill - 50 lb Bonus Crop Fertilizer BG 23.60$ Fertilizers:Combination:Granular
25-5-10 Fertilizer with 0.172% Dimension and 25% XCU - 50 lb Bonus Crop Fertilizer BG 29.22$ Fertilizers:Combination:Granular
Turf Fertilizer 5-5-25 Plus 0.38% Barricade Herbicide - 50 lb Bonus Crop Fertilizer BG 25.27$ Fertilizers:Combination:Granular
14-14-14 Fertilizer with 7% Sulfur - 50 lb Bonus Crop Fertilizer BG 25.71$ Fertilizers:General Turf:Miscellaneous
17-6-6 Fertilizer with 3% Iron - 50 lb Bonus Crop Fertilizer BG 22.34$ Fertilizer:Lawn
0-0-22 Turf Fertilizer with Potassium, Magnesium, and Sulfur - 50 lb Bonus Crop Fertilizer BG 16.04$ Fertilizer:Garden:Granular
Gardenline Lawn & Garden 15-5-10 Fertilizer - 20 lb Bonus Crop Fertilizer BG 7.81$ Fertilizer:Combination
General Purpose 8-8-8 Fertilizer - 50 lb Bonus Crop Fertilizer BG 10.84$ Fertilizer:Garden:Granular
Slo-Cote Starter-Finisher 12-5-9 Fertilizer - 50 lb Bonus Crop Fertilizer BG 29.75$ Fertilizers:Time Release
Slo-Cote General Purpose 14-14-14 (4 Month) Fertilizer - 50 lb Bonus Crop Fertilizer BG 44.54$ Fertilizers:Time Release
5-10-31 Fertilizer with 10% Iron - 50 lb Bonus Crop Fertilizer BG 17.13$ Fertilizer:Lawn:Granular
Slo-Cote Top Dress/Premix 21-6-11 (4-5 Month) Fertilizer - 50 lb Bonus Crop Fertilizer BG 44.75$ Fertilizers:Time Release
Gardenline 10-20-10 - 40 lb Bonus Crop Fertilizer BG 18.44$ Fertilizer:Garden:Granular
Green Diamond Winterizer 18-6-12 Fertilizer - 40 lb Bonus Crop Fertilizer BG 16.57$ Fertilizer:Lawn:Granular
Gardenline Lawn & Garden 13-13-13 Fertilizer - 40 lb Bonus Crop Fertilizer BG 17.83$ Fertilizer:Lawn:Granular
General Purpose 13-13-13 Fertilizer - 50 lb Bonus Crop Fertilizer BG 25.16$ Fertilizer:Garden:Granular
18-18-18 Hydromulch Special Fertilizer - 50 lb Bonus Crop Fertilizer BG 32.73$ Fertilizer:Garden:Granular
Gardenline Lawn & Garden 15-5-10 Fertilizer - 40 lb Bonus Crop Fertilizer BG 15.07$ Fertilizer:Lawn:Granular
Gardenline Lawn & Garden 19-5-9 Fertilizer - 40 lb Bonus Crop Fertilizer BG 19.49$ Fertilizer:Lawn:Granular
Green Diamond Supreme 21-7-14 Fertilizer - 40 lb Bonus Crop Fertilizer BG 22.84$ Fertilizer:Lawn:Granular
Green Diamond Hibiscus 10-4-12 Fertilizer - 20 lb Bonus Crop Fertilizer BG 10.85$ Fertilizer:Garden:Granular
Green Diamond Tree & Shrub 16-4-10 Fertilizer - 20 lb Bonus Crop Fertilizer BG 8.73$ Fertilizer:Garden:Granular
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Master Gardener's Delight - 20 lb Bonus Crop Fertilizer BG 12.49$ Fertilizer:Garden:Granular
15-5-10 Fertilizer with 3% Iron - 50 lb Bonus Crop Fertilizer BG 25.21$ Fertilizer:Lawn:Granular
MCDADES PRIVATE LABEL 16-4-12/.85Mg/12S/.05C u/2Fe/.06Mn/.05Zn 40#Bonus Crop Fertilizer Inc BG 20.10$ Fertilizer:Private Label
CANTU 18-7-13 W/FE 40/50#Bonus Crop Fertilizer Inc BG 22.98$ Fertilizer:Private Label
21-7-14 Fertilizer 4-D Private Label 40#Bonus Crop Fertilizer Inc BG 23.29$ Fertilizer:Private Label
ARCHIE PVT LBL 16-4-8 120/20#Bonus Crop Fertilizer Inc BG 9.20$ Fertilizer:Private Label
ARCHIE PVT LBL 18-0-0 60/40#Bonus Crop Fertilizer Inc BG 17.44$ Fertilizer:Private Label
ARCHIE PVT LBL 19-5-9 60/40#Bonus Crop Fertilizer Inc BG 21.23$ Fertilizer:Private Label
21-7-14 ARROW TREE LBL 60/40#Bonus Crop Fertilizer Inc BG 14.96$ Fertilizer:Private Label
21-7-14 Bedrock Private Label Fertilizer 40#Bonus Crop Fertilizer Inc BG 21.33$ Fertilizer:Private Label
COULTER GARDENS "BIG IRON" PRIVATE LABEL 3-0-0 - 50#Bonus Crop Fertilizer Inc BG 26.23$ Fertilizer:Private Label
BOYSCOUT 25-0-0/25%SCU 50/40#Bonus Crop Fertilizer Inc BG 13.45$ Fertilizer:Private Label
COULTER GARDENS "COULTER" PRIVATE LABEL 18-2-2 - 40#Bonus Crop Fertilizer Inc BG 13.89$ Fertilizer:Private Label
COVINGTN PVT 21-7-14 60/40#Bonus Crop Fertilizer Inc BG 23.03$ Fertilizer:Private Label
COVINGTON PVT 25-0-0 120/20#Bonus Crop Fertilizer Inc BG 8.10$ Fertilizer:Private Label
FORMANS 20-5-10 60/40#Bonus Crop Fertilizer Inc BG 21.72$ Fertilizer:Private Label
SK SVC 7-0-15 PVT LBL 40/50#Bonus Crop Fertilizer Inc BG 26.46$ Fertilizer:Private Label
GDN DEP PVT 20-10-10 60/40#Bonus Crop Fertilizer Inc BG 13.22$ Fertilizer:Private Label
20-5-10 HOMESLEYS 60/40#Bonus Crop Fertilizer Inc BG 21.71$ Fertilizer:Private Label
HOMESLEY 14-6-6 120/20#Bonus Crop Fertilizer Inc BG 8.86$ Fertilizer:Private Label
HOMESLEY 14-6-6 60/40#Bonus Crop Fertilizer Inc BG 17.76$ Fertilizer:Private Label
JIMS PVT LBL 18-3-3 60/40#Bonus Crop Fertilizer Inc BG 18.35$ Fertilizer:Private Label
JIMS PVT LBL 21-7-14 60/40#Bonus Crop Fertilizer Inc BG 23.18$ Fertilizer:Private Label
LAURIE PVT 13-13-13 120/20#Bonus Crop Fertilizer Inc BG 6.60$ Fertilizer:Private Label
COULTER GARDENS "LAWN" PRIVATE LABEL 16-0-0 - 50#Bonus Crop Fertilizer Inc BG 13.92$ Fertilizer:Private Label
21-2-5 MANKIN PVT LBL 60/40#Bonus Crop Fertilizer Inc BG 18.49$ Fertilizer:Private Label
SMITHS PVT LBL 21-0-3 60/40#Bonus Crop Fertilizer Inc PL 1,067.64$ Fertilizer:Private Label
STRONGS PVT LBL 19-5-9 60/40#Bonus Crop Fertilizer Inc BG 20.67$ Fertilizer:Private Label
STRONG 28-3-10 50%XCU 60/40#Bonus Crop Fertilizer Inc BG 22.08$ Fertilizer:Private Label
24-6-12 TEX-SCAPES 120/20#Bonus Crop Fertilizer Inc BG 10.42$ Fertilizer:Private Label
24-6-12 TEX-SCAPES 60/40#Bonus Crop Fertilizer Inc BG 20.85$ Fertilizer:Private Label
16-20-0/5FE THOMAS MIX 60/40#Bonus Crop Fertilizer Inc BG 25.96$ Fertilizer:Private Label
WEAVER 24-6-12 120/20#Bonus Crop Fertilizer Inc BG 13.12$ Fertilizer:Private Label
WEAVER 25-0-0 120/20#Bonus Crop Fertilizer Inc BG 11.97$ Fertilizer:Private Label
13-1-0 50% AS 50% HOU 50#Bonus Crop Fertilizer Inc BG 13.50$ Fertilizers:Fairway Grade:Granular
24-6-12/FWY 45 5S/2Fe/F700G Bonus Crop Fertilizer Inc BG 22.09$ Fertilizers:Fairway Grade:Granular
24-6-12/FWY 120 50% NUT/5S/2Fe/F700G Bonus Crop Fertilizer Inc BG 30.40$ Fertilizers:Fairway Grade:Granular
6-3-0 Fertilizer with Houactinite and 5% FE - 50 lb Bonus Crop Fertilizer Inc BG 10.61$ Fertilizers:Fairway Grade:Granular
AMP TURF MIX 150 SGN 50#Bonus Crop Fertilizer Inc BG 44.62$ Fertilizers:Micronutrients
0-0-7 Fertilizer with 1.15% Atrazine - 50 lb Bonus Crop Fertilizer Inc BG 12.82$ Fertilizers:Combination:Granular
24-0-0 1%FE TRACE 20#Bonus Crop Fertilizer Inc BG 10.08$ Fertilizer:Garden:Granular
15-5-10 .53% Trimec Weed & Feed 50#Bonus Crop Fertilizer Inc BG 21.03$ Fertilizers:Combination:Granular
24-6-12 Fertilizer with 2% Iron and 50% Sulfur Coated Urea - 50 lb Bumper Crop BG 23.69$ Fertilizers:Fairway Grade:Granular
Potash 0-0-60 Fertilizer - 50 lb Bumper Crop BG 27.71$ Fertilizer:Garden:Granular
General Purpose 19-19-19 Fertilizer - 50 lb Bumper Crop BG 28.73$ Fertilizer:Garden:Granular
Super Phosphate 0-18-0 Fertilizer - 50 lb Bumper Crop BG 12.39$ Fertilizer:Garden:Granular
Super Triple Phosphate 0-46-0 Fertilizer - 50 lb Bumper Crop BG 32.48$ Fertilizer:Garden:Granular
General Purpose 0-20-20 Fertilizer - 50 lb Bumper Crop BG 19.56$ Fertilizer:Garden:Granular
General Purpose 10-20-10 Fertilizer - 50 lb Bumper Crop BG 24.25$ Fertilizer:Garden:Granular
General Purpose 13-13-13 Fertilizer - 50 lb Bumper Crop BG 23.13$ Fertilizer:Garden:Granular
General Purpose 15-5-10 Fertilizer - 50 lb Bumper Crop BG 24.44$ Fertilizer:Garden:Granular
15-5-10 with 2% FE Pro Use - 50 lb Bumper Crop BG 12.69$ Fertilizers:Fairway Grade:Granular
General Purpose Lawn Fertilizer 16-8-8 - 50 lb Bumper Crop BG 21.31$ Fertilizer:Garden:Granular
General Purpose 16-20-0 Fertilizer - 50 lb Bumper Crop BG 23.08$ Fertilizer:Garden:Granular
DAP General Purpose 18-46-0 Fertilizer - 50 lb Bumper Crop BG 31.74$ Fertilizer:Garden:Granular
Nitrogen 33-0-0 Fertilizer - 50 lb Bumper Crop BG 21.38$ Fertilizer:Garden:Granular
General Purpose 12-24-12 Fertilizer - 50 lb Bumper Crop BG 20.13$ Fertilizer:Garden:Granular
Mavrik Aquaflow - 1 qt Central Life Sciences EA 106.00$ Insecticides:Liquid
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Enstar AQ IGR - 1 qt Central Life Sciences EA 132.00$ Insecticides:Liquid
Enstar AQ IGR - 1 gal Central Life Sciences EA 494.67$ Insecticides:Liquid
Extinguish Plus Fire Ant Bait - 4.5 lb Central Life Sciences EA 53.45$ Insecticides:Lawn and Garden:Granular
Extinguish Plus Fire Ant Bait - 25 lb Central Life Sciences BG 217.11$ Insecticides:Granular:Ant Bait
Extinguish Plus Fire Ant Bait - 1.5 lb Central Life Sciences EA 21.39$ Insecticides:Lawn and Garden:Granular
Multi-Purpose Sprayer - 48 oz Chapin EA 11.97$ Applicators:Hand Sprayers
ProSeries XP Poly Sprayer - 1 gal Chapin EA 42.69$ Applicators:Compression Sprayers
ProSeries XP Poly Sprayer - 2 gal Chapin EA 45.93$ Applicators:Compression Sprayers
ProSeries XP Poly Sprayer - 3 Gallon Chapin EA 58.13$ Applicators:Compression Sprayers
SureSpray Select Sprayer - 1 Gallon Chapin EA 28.42$ Applicators:Compression Sprayers
SureSpray Select Sprayer - 2 Gallon Chapin EA 30.76$ Applicators:Compression Sprayers
SureSpray Select Sprayer - 3 Gallon Chapin EA 36.50$ Applicators:Compression Sprayers
Professional All Purpose Hose End Sprayer with Metering Dial Chapin EA 22.93$ Applicators:Hose End
Insecticide Hose End Sprayer - 6 gal Chapin EA 5.58$ Applicators:Hose End
Lawn Hose End Sprayer - 20 gal Chapin EA 5.58$ Applicators:Hose End
Rose & Plant Duster - 16 oz Chapin EA 7.26$ Applicators:Dusters
Deluxe Backpack Sprayer - 4 gal Chapin EA 74.36$ Applicators:Compression Sprayers
Seal and Gasket Kit Chapin EA 12.85$ Applicators:Miscellaneous
XP Viton Sprayer Repair Kit Chapin EA 17.52$ Applicators:Miscellaneous
Extension Wand - Brass Curved Male - 18"Chapin EA 15.11$ Applicators:Miscellaneous
Extension Wand - Poly with Viton Curved - 18"Chapin EA 8.63$ Applicators:Miscellaneous
Battery Powered Wide Mouth Backpack Sprayer 24 Volt - 4 gal Chapin International EA 223.72$ Applicators:Compression Sprayers
Brass Adjustable Cone Nozzle with Viton Chapin International EA 8.07$ Applicators:Miscellaneous
Brass Nozzle Adjustable Cone for Poly Shut-Off Chapin International EA 9.87$ Applicators:Miscellaneous
Concentrate Tank for 15 gal ATV Sprayer (97361)Chapin Manufacturing EA 23.52$ Applicators:Miscellaneous
Concentrate Tank for 25 gal ATV Sprayer (97561)Chapin Manufacturing EA 34.15$ Applicators:Miscellaneous
ATV Spot Sprayer Promotional - 15 gal Chapin Manufacturing DI 874.25$ Applicators:Compression Sprayers
EZ Mount ATV Sprayer w/MOE System - 15 gal Chapin Manufacturing EA 235.21$ Applicators:Compression Sprayers
EZ Mount ATV Sprayer w/MOE System - 25 gal Chapin Manufacturing EA 282.83$ Applicators:Compression Sprayers
Pramitol 25E - 1 gal Control Solutions EA 53.63$ Herbicides:Post Emergent:Non selective Liquid
Pramitol 25E - 2.5 gal Control Solutions EA 131.10$ Herbicides:Post Emergent:Non selective Liquid
Pramitol 5PS - 25 lb Control Solutions BG 93.82$ Herbicides:Post Emergent:Non selective Granular
Cyper WSP Insecticide - 4 x 9.5 g Control Solutions EA 6.33$ Insecticides:Household:Other
Martin's FLEE Flea & Tick Collar for Dogs - Pk/3 Control Solutions EA 16.89$ Pet Supplies:Remedies
Pramitol 25E - 1 qt Control Solutions EA 20.15$ Herbicides:Post Emergent:Non selective Liquid
Martin's TVC Total Vegetation Control - 1 qt Control Solutions EA 58.17$ Herbicides:Post Emergent:Selective Liquid
Martin's FLEE Plus IGR Carpet Spray - 16 oz Control Solutions EA 11.98$ Pet Supplies:Remedies
Martin's FLEE Plus IGR Trigger Spray - 8 oz Control Solutions EA 10.84$ Pet Supplies:Remedies
Martin's FLEE Plus IGR Trigger Spray - 16 oz Control Solutions EA 14.04$ Pet Supplies:Remedies
Martin's Stryker Farm & Dairy Aerosol - 20 oz Control Solutions EA 10.18$ Insecticides:Household:Aerosol
Martin's Pystol Farm & Dairy Aerosol - 20 oz Control Solutions EA 11.64$ Insecticides:Household:Aerosol
Lice-Ban Pour-On - 0.5 gal Control Solutions EA 56.73$ Livestock Supplies:Cattle Supplies
Lice-Ban Pour-On - 2.5 gal Control Solutions EA 280.92$ Livestock Supplies:Cattle Supplies
Martin's Surrender Fire Ant Killer Insecticide - 1 lb Control Solutions EA 10.91$ Insecticides:Lawn and Garden:Other
Quali-Pro MSM Turf Herbicide - 2 oz Control Solutions EA 14.47$ Herbicides:Forage Herbicide
Quali-Pro MSM Turf Herbicide - 8 oz Control Solutions EA 43.27$ Herbicides:Forage Herbicide
Martin's FLEE Flea, Tick & Mange Dip - 1 pt Control Solutions EA 8.51$ Pet Supplies:Remedies
Cyzmic CS Controlled Release Insecticide - 8 oz Control Solutions EA 30.71$ Insecticides:Lawn and Garden:Concentrate
Martin's FLEE Plus IGR for Dogs (4-22 Pounds)Control Solutions EA 15.39$ Pet Supplies:Remedies
Martin's FLEE Plus IGR for Dogs (23-44 Pounds)Control Solutions EA 15.39$ Pet Supplies:Remedies
Martin's FLEE Plus IGR for Dogs (45-88 Pounds)Control Solutions EA 15.30$ Pet Supplies:Remedies
Martin's FLEE Plus IGR for Dogs (89-132 Pounds)Control Solutions EA 15.39$ Pet Supplies:Remedies
Martin's FLEE Plus IGR for Cats Control Solutions EA 15.39$ Pet Supplies:Remedies
Martin's FLEE RTU Yard Spray - 1 qt Control Solutions EA 13.12$ Pet Supplies:Remedies
Martin's Eraser Max Super Concentrate Herbicide - 1 qt Control Solutions EA 26.18$ Herbicides:Post Emergent:Glyphosate:Special
Martin's Eraser Max Super Concentrate Herbicide - 1 gal Control Solutions EA 72.87$ Herbicides:Post Emergent:Glyphosate:Special
Martin's Eraser Max Super Concentrate Herbicide - 2.5 gal Control Solutions EA 147.68$ Herbicides:Post Emergent:Glyphosate:Special
Martin's Dominion Tree & Shrub Insecticide Concentrate - 1 qt Control Solutions EA 15.59$ Insecticides:Lawn and Garden:Concentrate
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Martin's Viper RTU Insecticide - 1 gal Control Solutions EA 12.36$ Insecticides:Household:Ready To Use
Martin's Permethrin 1% Synergized Pour-On - 1 gal Control Solutions EA 18.94$ Livestock Supplies:Cattle Supplies
Martin's Permethrin 1% Pour-On - 1 gal Control Solutions EA 17.60$ Livestock Supplies:Cattle Supplies
Martin's Cyonara Plus Pour-On Topical Insecticide - 1 gal Control Solutions EA 166.41$ Livestock Supplies:Cattle Supplies
Cyonara 9.7 Insecticide - 8 oz Control Solutions EA 29.70$ Insecticides:Lawn and Garden:Concentrate
Martin's Cyonara Lawn & Garden Insect Control Concentrate - 1qt Control Solutions EA 14.98$ Insecticides:Lawn and Garden:Concentrate
Martin's Cyonara Lawn & Garden RTS Mosquito & Insect Control - 1 qt Control Solutions EA 16.20$ Insecticides:Lawn and Garden:Concentrate
Martin's Viper Insect Dust - 4lb Control Solutions EA 6.43$ Insecticides:Lawn and Garden:Other
Martin's Eraser A/P Herbicide - 2.5 gal Control Solutions EA 112.73$ Herbicides:Post Emergent:Glyphosate
Bifen I/T Insecticide / Termiticide - 4 oz Control Solutions EA 16.37$ Insecticides:Household:Concentrate
Bifen I/T Insecticide / Termiticide - 1 pt Control Solutions EA 21.16$ Insecticides:Household:Concentrate
Bifen I/T Insecticide / Termiticide - 1 qt Control Solutions EA 28.06$ Insecticides:Household:Concentrate
Martin's Malathion 57% Organophosphate - 1 qt Control Solutions EA 25.10$ Insecticides:Lawn and Garden:Concentrate
Martin's Malathion 57% Organophosphate - 1 gal Control Solutions EA 69.09$ Insecticides:Lawn and Garden:Concentrate
Martin's Permethrin 13.3% Multi-Purpose Insecticide - 8 oz Control Solutions EA 8.71$ Insecticides:Lawn and Garden:Concentrate
Martin's Permethrin 13.3% Multi-Purpose Insecticide - 1 qt Control Solutions EA 22.71$ Insecticides:Lawn and Garden:Concentrate
Martin's Permethrin 10% Multi-Purpose Insecticide - 8 oz Control Solutions EA 7.83$ Livestock Supplies:Cattle Supplies
Martin's Permethrin 10% Multi-Purpose Insecticide - 1 pt Control Solutions EA 11.03$ Livestock Supplies:Cattle Supplies
Martin's Permethrin 10% Multi-Purpose Insecticide - 1 qt Control Solutions EA 17.45$ Livestock Supplies:Cattle Supplies
Martin's Permethrin 10% Multi-Purpose Insecticide - 1 gal Control Solutions EA 63.49$ Livestock Supplies:Cattle Supplies
Permethrin SFR Termiticide / Insecticide - 1 pt Control Solutions EA 20.33$ Insecticides:Household:Concentrate
Permethrin SFR Termiticide / Insecticide - 1 qt Control Solutions EA 32.95$ Insecticides:Household:Concentrate
Martin's Horse & Stable Multi-Use Spray - 1 qt Control Solutions EA 7.24$ Livestock Supplies:Equine Supplies
Martin's Permethrin 1% Synergized Pour-On - 2.5 gal Control Solutions EA 45.72$ Livestock Supplies:Cattle Supplies
Martin's Gopher Bait 50 - 1 lb Control Solutions EA 10.78$ Rodenticides:Gopher and Mole:Controls
Martin's Gopher Bait 50 - 4 lb Control Solutions EA 34.98$ Rodenticides:Gopher and Mole:Controls
Martin's Gopher Bait 50 - 45 lb Control Solutions DM 185.33$ Rodenticides:Gopher and Mole:Controls Excluded
Martin's Viper Insecticide Concentrate - 1 oz Control Solutions EA 6.25$ Insecticides:Household:Concentrate
Martin's Viper Insecticide Concentrate - 4 oz Control Solutions EA 15.35$ Insecticides:Household:Concentrate
Martin's Viper Insecticide Concentrate - 1 pt Control Solutions EA 34.33$ Insecticides:Household:Concentrate
Martin's I.G. Regulator - 1 oz Control Solutions EA 6.55$ Insecticides:Household:Concentrate
Martin's I.G. Regulator - 4 oz Control Solutions EA 15.93$ Insecticides:Household:Concentrate
Martin's Eraser Weed & Grass Killer Concentrate - 1 pt Control Solutions EA 12.52$ Herbicides:Post Emergent:Non selective Liquid
Martin's Eraser Weed & Grass Killer Concentrate - 1 qt Control Solutions EA 20.04$ Herbicides:Post Emergent:Non selective Liquid
Martin's Eraser Weed & Grass Killer Concentrate - 1 gal Control Solutions EA 43.14$ Herbicides:Post Emergent:Non selective Liquid
Stryker Insecticide Concentrate - 8 oz Control Solutions EA 30.84$ Insecticides:Liquids
Quali-Pro Strobe 50WG Broad Spectrum Fungicide - 1 lb Control Solutions EA 118.00$ Fungicide and Algaecide:WP
Quali-Pro Strobe 50WG Broad Spectrum Fungicide - 6 lb Control Solutions EA 694.67$ Fungicide and Algaecide:WP
Quali-Pro Strobe 2L Broad Spectrum Fungicide - 1 gal Control Solutions EA 469.44$ Fungicide and Algaecide:Liquid
Quali-Pro Negate 37WG Herbicide- 1.5 oz Control Solutions EA 55.00$ Herbicides:Post Emergent:Selective Miscellaneous
Quali-Pro Prodiamine 65 WDG Herbicide - 5 lb Control Solutions EA 82.24$ Herbicides:Pre Emergent:Miscellaneous
Quali-Pro Propiconazole 14.3 Fungicide - 1 gal Control Solutions EA 80.90$ Fungicide and Algaecide:Liquid
Quali-Pro Oxadiazon SC Flowable Herbicide - 2.5 gal Control Solutions EA 376.60$ Herbicides:Pre Emergent:Liquid
Quali-Pro Mefenoxam 2 AQ Fungicide - 1 gal Control Solutions EA 469.44$ Fungicide and Algaecide:Liquid
Quali-Pro Ipro 2 Fungicide - 2.5 gal Control Solutions EA 208.33$ Fungicide and Algaecide:Liquid
Taurus Trio G Insecticide - 30 lb Control Solutions BG 70.00$ Insecticides:Granular
Quali-Pro Prodiamine 4L Pre-emergent Herbicide - 2.5 gal Control Solutions EA 246.79$ Herbicides:Pre Emergent:Liquid
Quali-Pro Fipronil 0.0143G Broadcast Insecticide Granules - 30 lb Control Solutions BG 41.12$ Insecticides:Granular
Martin's Bed Bug Eliminator - 15 oz Control Solutions Inc.EA 8.24$ Insecticides:Aerosols
Strobe Pro G - 30 lb Control Solutions Inc.BG 51.28$ Fungicide and Algaecide:Granular
Fly-Ban Pour-On - .5 gal Control Solutions, Inc.EA 58.09$ Livestock Supplies:Cattle Supplies
Fly-Ban Pour-On - 1 gal Control Solutions, Inc.EA 103.08$ Livestock Supplies:Cattle Supplies
Chlorothalonil 720 Fungicide - 2.5 gal Control Solutions, Inc.EA 102.43$ Fungicide and Algaecide:Liquid
Quali-Pro Quinclorac 75 DF - 1 lb Control Solutions, Inc.EA 56.09$ Herbicides:Post Emergent:Selective Liquid
Pro Matrix EFM - 50 lb Conwed Fibers BG 36.35$ Professional Turf:Erosion Control
Long Straight Snip Tempered Steel - 1-3/4"Corona EA 8.02$ Tools:Pruners and Loppers
Long Straight Snip Stainless Steel - 1-3/4"Corona EA 9.05$ Tools:Pruners and Loppers
Forged Hedge Shear - 10.5"Corona EA 53.02$ Tools:Pruners and Loppers
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Forged High-Torque Bypass Lopper - 26"Corona EA 80.63$ Tools:Pruners and Loppers
Push Broom - 24"Corona EA 50.56$ Tools:Specialty Tools
Forged Classic Cut Bypass Pruner - 7"Corona EA 20.87$ Tools:Pruners and Loppers
Bypass Pruner - 8"Corona EA 21.83$ Tools:Pruners and Loppers
Forged Classic Cut Bypass Pruner - 9"Corona EA 25.63$ Tools:Pruners and Loppers
Forged Aluminum Bypass Pruner - 1"Corona EA 36.03$ Tools:Pruners and Loppers
Garden Trowel Corona EA 6.11$ Tools:Hand Tools
Garden Transplanter Corona EA 6.11$ Tools:Hand Tools
Garden Cultivator Corona EA 6.11$ Tools:Hand Tools
eGrip Trowel Corona EA 7.70$ Tools:Hand Tools
eGrip Transplanter Corona EA 7.70$ Tools:Hand Tools
eGrip Cultivator Corona EA 7.70$ Tools:Hand Tools
eGrip Weeder Corona EA 7.70$ Tools:Hand Tools
Cultivator - 4 Prongs Corona EA 18.49$ Tools:Long Handle Tools
Digging Fork - 4 Tines Corona EA 52.78$ Tools:Long Handle Tools
Easy Cut Extendable Bypass Lopper - 21" to 33"Corona EA 35.48$ Tools:Pruners and Loppers
Floral Scissors Corona EA 8.81$ Tools:Pruners and Loppers
Forged Thinning Shears - 8"Corona EA 20.87$ Tools:Pruners and Loppers
Forged Classic Cut Grass Shears - 12"Corona EA 25.63$ Tools:Pruners and Loppers
ExtendaHANDLE Rake Corona EA 9.92$ Tools:Hand Tools
ExtendaHANDLE Hoe Corona EA 9.92$ Tools:Hand Tools
ExtendaHANDLE Trowel Corona EA 9.92$ Tools:Hand Tools
Extended Reach ComfortGEL 4-Tine Rake Corona EA 13.89$ Tools:Long Handle Tools
Extended Reach ComfortGEL Hoe/Cultivator Corona EA 13.89$ Tools:Long Handle Tools
Corona SoilRIPPER Corona EA 37.70$ Tools:Specialty Tools
Corona DiscCULTIVATOR Corona EA 35.63$ Tools:Specialty Tools
WeedSLAYER Corona EA 29.05$ Tools:Specialty Tools
EdgeMASTER Corona EA 35.63$ Tools:Long Handle Tools
QuickCOLLECTOR Corona EA 41.43$ Tools:Long Handle Tools
RootIRRIGATOR Corona EA 25.79$ Tools:Specialty Tools
SodPLUGGER Corona EA 24.68$ Tools:Specialty Tools
Atlas Pattern Post Hole Digger Corona EA 29.60$ Tools:Long Handle Tools
Bow Head Rake Light Duty Corona EA 12.78$ Tools:Long Handle Tools
Bow Head Rake - 16"Corona EA 22.86$ Tools:Long Handle Tools
Spring Brace Rake - 24"Corona EA 15.40$ Tools:Long Handle Tools
Aluminum Landscape Rake - 36"Corona EA 64.05$ Tools:Long Handle Tools
Fixed Tine Shrub Rake - 8"Corona EA 10.08$ Tools:Long Handle Tools
RazorTOOTH Folding Saw - 7"Corona EA 20.71$ Tools:Saws
#2 Caprock Shovel Forged Corona EA 95.71$ Tools:Long Handle Tools
Garden Hoe Light Duty - 6.25" Long Handle Corona EA 11.90$ Tools:Long Handle Tools
Garden Hoe Corona EA 18.89$ Tools:Long Handle Tools
#2 Round Point Shovel Light-Duty Corona EA 12.06$ Tools:Long Handle Tools
#2 Square Point Shovel Light Duty Corona EA 12.06$ Tools:Long Handle Tools
#2 Round Point Shovel - 48" Fiberglass Handle Corona EA 18.73$ Tools:Long Handle Tools
#2 Round Point Shovel Corona EA 20.08$ Tools:Long Handle Tools
#2 Square Point Shovel - 48" Fiberglass Handle Corona EA 18.73$ Tools:Long Handle Tools
Drain Spade - 48" Long Ash Handle Corona EA 23.25$ Tools:Long Handle Tools
Drain Spade - 30" Ash Wood Handle with D Grip Corona EA 26.98$ Tools:Long Handle Tools
Trench Shovel General Purpose - 4"Corona EA 23.33$ Tools:Long Handle Tools
#2 Round Point Shovel Corona EA 31.51$ Tools:Long Handle Tools
#2 Square Point Shovel Corona EA 31.51$ Tools:Long Handle Tools
Dual Compound Action Tree Pruner - 6' to 12'Corona EA 61.27$ Tools:Saws
PRUNER LR ROPELESS EA Corona Clipper Inc EA 47.38$ Tools:Pruners and Loppers
Chaparral WG Herbicide - 1.25 lb Corteva Agriscience EA 146.21$ Herbicides:Forage Herbicide
Chaparral WG Herbicide - 5 lb Corteva Agriscience EA 584.80$ Herbicides:Forage Herbicide
GrazonNext HL - 250 gal Corteva Agriscience EA 16,575.96$ Herbicides:Forage Herbicide
GrazonNext HL - 30 gal Corteva Agriscience DM 1,989.12$ Herbicides:Forage Herbicide
GrazonNext HL - 2 gal Corteva Agriscience EA 139.11$ Herbicides:Forage Herbicide
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Grazon P+D - 30 gal Corteva Agriscience DM 1,125.82$ Herbicides:Forage Herbicide
Grazon P+D Specialty Herbicide - 2.5 gal Corteva Agriscience EA 93.82$ Herbicides:Forage Herbicide
PastureGard HL - 2.5 gal Corteva Agriscience EA 378.40$ Herbicides:Forage Herbicide
PastureGard HL - 1 qt Corteva Agriscience EA 43.52$ Herbicides:Forage Herbicide
PastureGard HL - 1 gal Corteva Agriscience EA 151.36$ Herbicides:Forage Herbicide
Sendero - 1 gal Corteva Agriscience EA 197.02$ Herbicides:Forage Herbicide
Surmount - 2.5 gal Corteva Agriscience EA 193.89$ Herbicides:Forage Herbicide
Tordon 22K - 1 gal Corteva Agriscience EA 87.56$ Herbicides:Forage Herbicide
Remedy Ultra Herbicide - 1 gal Corteva Agriscience EA 89.44$ Herbicides:Forage Herbicide
Remedy Ultra Herbicide - 2.5 gal Corteva Agriscience EA 223.60$ Herbicides:Forage Herbicide
Remedy Ultra Herbicide - 30 gal Corteva Agriscience DM 2,645.67$ Herbicides:Forage Herbicide
Spike 20P Herbicide - 5 lb Corteva Agriscience EA 93.67$ Herbicides:Post Emergent:Non selective Granular
Spike 20P Herbicide - 25 lb Corteva Agriscience BG 284.36$ Herbicides:Post Emergent:Non selective Granular
Tordon RTU - 1 qt Corteva Agriscience EA 17.83$ Herbicides:Forage Herbicide
Earth Lawn Edging Coiled with Connector - 60'Dewitt EA 39.86$ Landscape Supplies:Edging:Vinyl
DeWitt Mighty Diamond Classic Lawn Edging - 15' x 5"Dewitt BN 68.84$ Landscape Supplies:Edging:Vinyl
Metal Stake Kits with Connectors - 9"Dewitt EA 8.88$ Landscape Supplies:Edging:Vinyl
Garden Edging Box with Stakes and Connectors Dewitt EA 18.75$ Landscape Supplies:Edging:Vinyl
Atlas Edge - 20' Coil Dewitt Company EA 4.65$ Landscape Supplies:Edging:Vinyl
Contractor's Select Landscape Fabric - 3' x 300'Dewitt Company RL 73.12$ Landscape Supplies:Weed Barrier
Contractor's Select Landscape Fabric - 4' x 300'Dewitt Company RL 96.56$ Landscape Supplies:Weed Barrier
Contractor's Select Landscape Fabric - 6' x 300'Dewitt Company RL 144.64$ Landscape Supplies:Weed Barrier
Woven Stock Tarp - 47% Shade - 8' x 12'Dewitt Company EA 46.59$ Greenhouse Covering:Shade Cloth
Woven Stock Tarp - 63% Shade - 10' x 10'Dewitt Company EA 56.29$ Greenhouse Covering:Shade Cloth
Woven Stock Tarp - 47% Shade - 10' x 12'Dewitt Company EA 54.90$ Greenhouse Covering:Shade Cloth
Woven Stock Tarp - 47% Shade - 10' x 20'Dewitt Company EA 80.60$ Greenhouse Covering:Shade Cloth
Woven Stock Tarp - 55% Shade - 10' x 20'Dewitt Company EA 84.79$ Greenhouse Covering:Shade Cloth
Woven Stock Tarp - 63% Shade - 10' x 20'Dewitt Company EA 92.96$ Greenhouse Covering:Shade Cloth
Sudden Shade - 60% Shade - 12' x 12'Dewitt Company EA 56.12$ Greenhouse Covering:Shade Cloth
Pro-5 Weed Barrier - 12' x 250'Dewitt Company RL 484.51$ Landscape Supplies:Weed Barrier
Woven Stock Tarp - 63% Shade - 16' x 30'Dewitt Company EA 156.16$ Greenhouse Covering:Shade Cloth
Woven Stock Tarp - 63% Shade - 20' x 20'Dewitt Company EA 135.80$ Greenhouse Covering:Shade Cloth
Woven Stock Tarp - 47% Shade - 20' x 40'Dewitt Company EA 192.91$ Greenhouse Covering:Shade Cloth
Tree Rope 3500' - Black Dewitt Company RL 68.42$ Landscape Supplies:Miscellaneous
Weed-Barrier 20 Year - 3' x 24'Dewitt Company EA 14.87$ Landscape Supplies:Weed Barrier
Pro-5 Weed Barrier - 3' x 250'Dewitt Company RL 140.58$ Landscape Supplies:Weed Barrier
Weed-Barrier 20 Year - 3' x 50'Dewitt Company EA 29.75$ Landscape Supplies:Weed Barrier
Weed-Barrier 3 Year - 3' x 50'Dewitt Company EA 7.12$ Landscape Supplies:Weed Barrier
Pro-5 Weed Barrier - 4' x 250'Dewitt Company RL 187.46$ Landscape Supplies:Weed Barrier
Pro-5 Weed Barrier - 5' x 250'Dewitt Company RL 234.33$ Landscape Supplies:Weed Barrier
Pro-5 Weed Barrier - 6' x 250'Dewitt Company RL 281.18$ Landscape Supplies:Weed Barrier
Pro-5 Weed Barrier - 8' x 250'Dewitt Company RL 374.89$ Landscape Supplies:Weed Barrier
Burlap Bag - 24" x 39.5"Dewitt Company EA 2.38$ Plant Care:Miscellaneous
Anchor Pins Dewitt Company CS 66.69$ Greenhouse Covering:Miscellaneous
Bulk Knitted Shade Cloth 60% Green - 6' x 100'Dewitt Company EA 141.40$ Greenhouse Covering:Shade Cloth
Weed-Barrier 6 Year - 3' x 50'Dewitt Company EA 10.30$ Landscape Supplies:Weed Barrier
Natural Burlap - 4' x 250' Bulk Dewitt Company RL 116.17$ Landscape Supplies:Miscellaneous
Natural Burlap - 6' x 250' Bulk Dewitt Company RL 166.40$ Landscape Supplies:Miscellaneous
N-Sulate - 1.5 oz 12' x 10'Dewitt Company EA 15.46$ Plant Care:Miscellaneous
N-Sulate - 1.5 oz 12' x 250'Dewitt Company RL 223.61$ Plant Care:Miscellaneous
Weed-Barrier Pro Black - 3' x 100'Dewitt Company EA 37.65$ Landscape Supplies:Weed Barrier
Weed-Barrier Pro Black - 3' x 300'Dewitt Company RL 101.31$ Landscape Supplies:Weed Barrier
Weed-Barrier Pro Black - 4' x 300'Dewitt Company RL 134.51$ Landscape Supplies:Weed Barrier
Weed-Barrier Pro Black - 4' x 50'Dewitt Company EA 24.42$ Landscape Supplies:Weed Barrier
Weed-Barrier Pro Black - 6' x 300'Dewitt Company RL 200.72$ Landscape Supplies:Weed Barrier
Weed-Barrier Pro Black - 8' x 300'Dewitt Company RL 271.04$ Landscape Supplies:Weed Barrier
Tree Stake Kit Dewitt Company EA 7.34$ Plant Care:Stakes and Plant Supports
Sunbelt Woven Ground Cover - 10' x 300'Dewitt Company RL 169.71$ Ground Cover
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Sunbelt Woven Ground Cover - 12' x 300'Dewitt Company RL 203.66$ Ground Cover
Sunbelt Woven Ground Cover - 15.5' x 300'Dewitt Company RL 263.06$ Ground Cover
Sunbelt Woven Ground Cover - 3' x 300'Dewitt Company RL 50.91$ Ground Cover
Sunbelt Ground Cover - 4' x 300'Dewitt Company RL 67.89$ Ground Cover
Sunbelt Woven Ground Cover - 6' x 300'Dewitt Company RL 101.83$ Ground Cover
Anchor Pins - 6" x 1" x 6" 11 Gauge - 12 pack Dewitt Company EA 2.74$ Landscape Supplies:Miscellaneous
20 YEAR WB 4' X 250' ROLL Dewitt Company, Inc RL 171.70$ Landscape Supplies:Weed Barrier
20 YEAR WB 5' X 250' ROLL Dewitt Company, Inc RL 214.61$ Landscape Supplies:Weed Barrier
SUP WNTR PROT 1.5OZ 6X25 PK28 Dewitt Company, Inc EA 7.77$ Plant Care:Miscellaneous
Diamond Pro Infield Conditioner - Red, 50 lb Diamond Pro BG 9.89$ Professional Turf:Soil Amendments
Diamond Pro Infield Conditioner - Gray, 50 lb Diamond Pro BG 8.70$ Professional Turf:Soil Amendments
Green Divot Sand - 50 lb Diamond Pro BG 9.75$ Professional Turf:Soil Amendments
Double Play Infield Conditioner - 50 lb Diamond Pro BG 11.85$ Professional Turf:Soil Amendments
Mound/Home Plate Clay Bricks Diamond Pro EA 1.90$ Professional Turf:Soil Amendments
Professional Calcined Clay - 50 lb Diamond Pro BG 13.17$ Professional Turf:Soil Amendments
Mound/Home Plate Clay - 50 lb Diamond Pro BG 10.87$ Professional Turf:Soil Amendments
Calcined Clay Drying Agent - 50 lb Diamond Pro BG 12.62$ Professional Turf:Soil Amendments
Professional Mound Clay - 50 lb Diamond Pro BG 11.15$ Professional Turf:Soil Amendments
Premium Kentucky Bluegrass Blend - 50 lb Dlf Pick Seed BG 279.03$ Lawn Seed:Miscellaneous
Major League Ryegrass, Gulf Annual - 5 lb Dlf Pickseed EA 7.95$ Field Seed:Forage Ryegrasses
Transist 2600 Ryegrass - 50 lb Dlf Pickseed BG 81.33$ Grass Seed:Perennial Ryegrass
Futura Ease Ryegrass Blend - 50 lb Dlf Pickseed BG 103.83$ Lawn Seed:Miscellaneous
Major League Fescue, Kentucky 31 - 5 lb Dlf Pickseed EA 11.45$ Field Seed:Forage Fescues
Annual Rye Mix Fescue - 50 lb Dlf Pickseed BG 56.43$ Lawn Seed:Turf Type Fescue
SOS400/Trifecta TR 70/30 - 50 lb Dlf Pickseed BG 109.29$ Grass Seed:Poa Trivialis
Major League 5% Creeping Red Fescue / 5% Chewings Fescue - 5 lb Dlf Pickseed EA 14.21$ Lawn Seed:Turf Type Fescue
Futura 2000 (Treated) - 50 lb Dlf Pickseed BG 142.76$ Grass Seed:Perennial Ryegrass
Futura 2000 - 50 lb Dlf Pickseed BG 136.07$ Grass Seed:Perennial Ryegrass
Futura 2000/Trifecta 60/40 TR - 50 lb Dlf Pickseed BG 120.00$ Grass Seed:Poa Trivialis
Trifecta Poa Trivialis - 50 lb Dlf Pickseed BG 249.19$ Grass Seed:Poa Trivialis
Futura 3000 Perennial Ryegrass Blend - 50 lb Dlf Pickseed BG 140.61$ Grass Seed:Perennial Ryegrass
Futura 2000/Poa Triv 80/20 (Treated) - 50 lb Dlf Pickseed BG 249.18$ Grass Seed:Perennial Ryegrass
Crossfire 4 Tall Fescue - 50 lb Dlf Pickseed BG 131.32$ Lawn Seed:Turf Type Fescue
Crossfire 3 Tall Fescue - 25 lb Dlf Pickseed BG 66.39$ Lawn Seed:Turf Type Fescue
Esquire Perenial Ryegrass - 50 lb Dlf Pickseed BG 124.19$ Grass Seed:Perennial Ryegrass
Major League Kentucky Bluegrass - 5 lb Dlf Pickseed EA 17.60$ Lawn Seed:Miscellaneous
Forage Type Tall Fescue - 50 lb Dlf Pickseed BG 97.14$ Field Seed:Forage Fescues
Quickdraw Annual Ryegrass - 50 lb Dlf Pickseed BG 63.47$ Grass Seed:Annual Ryegrass
3-Way Tall Fescue - 50 lb Dlf Pickseed BG 131.32$ Grass Seed:Turf Type Fescue
Five Star Turf Type Fescue - 5 lb Dlf Pickseed EA 15.13$ Lawn Seed:Turf Type Fescue
Five Star Turf Type Fescue - 10 lb Dlf Pickseed EA 28.69$ Lawn Seed:Turf Type Fescue
Five Star Turf Type Fescue - 25 lb Dlf Pickseed BG 68.18$ Lawn Seed:Turf Type Fescue
Five Star Turf Type Fescue - 50 lb Dlf Pickseed BG 134.89$ Lawn Seed:Turf Type Fescue
Five Star Extreme Shade Mix - 10 lb Dlf Pickseed EA 29.27$ Lawn Seed:Turf Type Fescue
Five Star Extreme Shade Mix - 50 lb Dlf Pickseed BG 137.76$ Lawn Seed:Turf Type Fescue
Five Star Plus Fescue - 25 lb Dlf Pickseed BG 75.31$ Lawn Seed:Turf Type Fescue
Five Star Plus Fescue - 50 lb Dlf Pickseed BG 149.19$ Lawn Seed:Turf Type Fescue
Kerb 3.3 SC Turf & Ornamental Specialty Herbicide - 2.5 gal Dow Agrosciences EA 728.00$ Herbicides:Pre Emergent:Liquid
Snapshot DG Herbicide - 25 lb Dow Agrosciences BG 43.50$ Herbicide:Pre Emergent:Granular
Defendor Herbicide - 1 qt Dow Agrosciences EA 184.00$ Herbicides:Pre Emergent:Liquid
Gallery SC Herbicide - 1 qt Dow Agrosciences EA 170.25$ Herbicides:Pre Emergent:Liquid
Dimension 2EW with Defendor Value Pack - 5 gal Dow Agrosciences CS 1,122.00$ Herbicides:Pre Emergent:Liquid
Gallery SC Herbicide - 2 gal Dow Agrosciences EA 1,362.00$ Herbicides:Pre Emergent:Liquid
Lontrel Specialty Herbicide - 1 qt Dow Agrosciences EA 182.37$ Herbicides:Post Emergent:Selective Liquid
Dimension 2EW Herbicide - 30 gal Dow Agrosciences DM 5,698.50$ Herbicides:Pre Emergent:Liquid
Dimension Ultra 40 WP - 8 x 5 oz Dow Agrosciences EA 117.00$ Herbicides:Pre Emergent:Miscellaneous
Dithane 75DF Rainshield Specialty Fungicide - 12 lb Dow Agrosciences EA 65.34$ Fungicides and Algaecides:Water Soluble
Fore 80WP Rainshield Specialty Fungicide - 4 x 1.5 lb Dow Agrosciences EA 58.74$ Fungicides and Algaecides:Water Soluble
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Eagle 20EW Fungicide - 1 pt Dow Agrosciences EA 33.79$ Fungicides and Algaecides:Liquid
Gallery 75 DF Herbicide - 1 lb Dow Agrosciences EA 128.50$ Herbicides:Pre Emergent:Miscellaneous
Snapshot 2.5 TG Herbicide - 50 lb Dow Agrosciences BG 83.00$ Herbicide:Pre Emergent:Granular
Intrepid 2F Insecticide - 1 gal Dow Agrosciences EA 284.28$ Insecticides:Liquid
Eagle 20EW Fungicide - 1 gal Dow Agrosciences EA 184.93$ Fungicides and Algaecides:Liquid
Dimension 2EW Herbicide - 0.5 gal Dow Agrosciences EA 116.75$ Herbicides:Pre Emergent:Liquid
Dimension 2EW Herbicide - 2.5 gal Dow Agrosciences EA 538.75$ Herbicides:Pre Emergent:Liquid
Confront Specialty Herbicide - 1 gal Dow Agrosciences EA 150.29$ Herbicides:Post Emergent:Selective Liquid
Conserve SC Turf & Ornamental Insect Control - 1 qt Dow Agrosciences EA 148.12$ Insecticides:Liquid
Turflon Ester Ultra - 1 gal Dow Agrosciences EA 115.38$ Herbicides:Post Emergent:Selective Liquid
Sapphire Herbicide - 1 gal Dow Agrosciences EA 600.00$ Herbicides:Post Emergent:Selective Liquid
Shatter Termite Bait Cartridge - 6 Pack Dow Agrosciences EA 92.31$ Insecticides:Insect Baits
Hex-Pro Termite Bait System (10 pack)Dow Agrosciences EA 76.39$ Traps, Monitors, Stations
Hex-Pro Wood Monitor Replacements Dow Agrosciences EA 1.25$ Traps, Monitors, Stations
Hex-Pro Replacement Parts Kit Dow Agrosciences EA 62.50$ Traps, Monitors, Stations
Damoil - 2.5 gal Drexel Chemical EA 34.01$ Insecticides:Natural
Damoil - 5 gal Drexel Chemical EA 68.01$ Insecticides:Natural
Damoil - 55 gal Drexel Chemical DM 667.28$ Insecticides:Natural
De-Amine 4 LC 2,4-D - 2.5 gal Drexel Chemical EA 58.18$ Herbicides:Forage Herbicide:Specialty
De-Amine 4 LC 2,4-D - 30 gal Drexel Chemical DM 687.27$ Herbicides:Forage Herbicide:Specialty
F.M. - 160 Foam Marker Concentrate - 1 gal Drexel Chemical EA 24.23$ Adjuvants and Markers:Wetting Agents
Fome-Kil Defoamer - 1 qt Drexel Chemical EA 7.50$ Adjuvants and Markers:Defoaming Agent
Surf-AC 820 Non-Ionic Surfactant - 1 gal Drexel Chemical EA 14.17$ Adjuvant:Spreader Sticker
Surf-AC 820 Non-Ionic Surfactant - 2.5 gal Drexel Chemical EA 33.33$ Adjuvant:Spreader Sticker
Surf-AC 910 - 2.5 gal Drexel Chemical EA 40.63$ Adjuvant:Spreader Sticker
AMS-Supreme - 2.5 gal Drexel Chemical EA 28.91$ Adjuvants and Markers:Spreader and Sticker
Malathion 5EC - 2.5 gal Drexel Chemical EA 123.64$ Insecticides:Lawn and Garden:Concentrate
MES-100 Spray Adjuvant - 2.5 gal Drexel Chemical EA 42.97$ Adjuvants and Markers:Spreader and Sticker
MSMA 6 Plus - 2.5 gal Drexel Chemical EA 93.44$ Herbicides:Post Emergent:Selective Liquid
Peptoil - 1 gal Drexel Chemical EA 16.67$ Adjuvant:Spreader Sticker
Pin-Dee 3.3 T&O - 1.25 gal Drexel Chemical EA 44.72$ Herbicides:Pre Emergent:Liquid
Atrazine 4L - 2.5 gal Drexel Chemical EA 63.46$ Herbicides:Pre Emergent:Liquid
Diuron 4L Herbicide - 2.5 gal Drexel Chemical EA 63.46$ Herbicides:Post Emergent:Non selective Miscellaneous
Precision Garden Seeder Standard Seed Plate Set Earthway Products EA 36.66$ Applicators:Miscellaneous
Precision Garden Seeder Square Belt Earthway Products EA 7.23$ Applicators:Miscellaneous
Estate Residential Broadcast Spreader - 80 lb Earthway Products EA 173.75$ Applicators:Granule Spreader
Deluxe Residential Broadcast Spreader - 80 lb Earthway Products EA 109.91$ Applicators:Granule Spreader
Estate Tow Broadcast Spreader - 80 lb Earthway Products EA 177.88$ Applicators:Granule Spreader
Nylon Bag Seeder/Spreader Earthway Products EA 57.53$ Applicators:Granule Spreader
High Wheel Cultivator Earthway Products EA 143.30$ Applicators:Miscellaneous
Precision Garden Seeder Earthway Products EA 169.46$ Applicators:Miscellaneous
Prizelawn Commercial Spreader - 70 lb Earthway Products, Inc.EA 431.45$ Applicators:Spreaders
Replenish 10-2-5 Greens Grade - 50 lb Earthworks BG 37.00$ Fertilizers:Natural
Replenish 5-4-5 Greens Grade - 50 lb Earthworks BG 33.00$ Fertilizers:Natural
Replenish 5-4-5 Standard Grade - 50 lb Earthworks BG 31.00$ Fertilizers:Natural
Replenish 8-2-2 Standard Grade - 50 lb Earthworks BG 25.00$ Fertilizers:Natural
Cal Vantage - 2.5 gal Earthworks EA 112.50$ Fertilizers:General Turf:Liquid
Kick - 2.5 gal Earthworks EA 112.50$ Fertilizers:General Turf:Liquid
Mag Vantage - 2.5 gal Earthworks EA 120.00$ Fertilizers:General Turf:Liquid
Mikronite - 2.5 gal Earthworks EA 112.50$ Fertilizers:General Turf:Liquid
Myco-Replenish 3-3-3 Greens Grade - 50 lb Earthworks BG 38.00$ Fertilizers:Greens Grade:Granular
Protein Plus - 2.5 gal Earthworks EA 107.50$ Fertilizers:General Turf:Liquid
Renovate Plus - 50 lb Earthworks BG 42.00$ Fertilizers:Greens Grade:Granular
Sea 3 - 2.5 gal Earthworks EA 105.00$ Fertilizers:General Turf:Liquid
Trilogy TBS - 2.5 gal Earthworks EA 117.50$ Fertilizers:General Turf:Liquid
CytoGro Hormone Biostimulant - 1 gal Ecologel Solutions EA 136.54$ Fertilizers:Micronutrients
Hydretain ES Plus - 2.5 gal Ecologel Solutions EA 110.77$ Adjuvants and Markers:Wetting Agents
Hydretain ES Plus - 55 gal Ecologel Solutions DM 2,081.54$ Adjuvants and Markers:Wetting Agents
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Hydretain ES Plus Granular OC - 15 lb Ecologel Solutions DI 1,006.57$ Soil Amendments:Organic
Hydretain ES Plus Granular OC 15 lb Ecologel Solutions BG 33.57$ Soil Amendments:Organic
Hydretain ES Plus RTS - 1 qt Ecologel Solutions EA 22.12$ Adjuvants/Agents:Soil Amendments
Hydretain ES Plus Retail Display - 1 qt Ecologel Solutions DI 1,061.73$ Adjuvants/Agents:Soil Amendments
Hydretain ES Plus Granular OC - 40 lb Ecologel Solutions BG 61.92$ Adjuvants and Markers:Wetting Agents
SquareOne Herbicide - 0.5 lb F M C Corporation EA 64.42$ Herbicides:Post Emergent:Selective Granular
TRANSPORT *D (50WP) 4/30OZ F M C Corporation EA 13.33$ Insecticides:Liquids
Florikan 12-2-14 180 Day - 50 lb Florikan BG 43.44$ Fertilizers:Time Release
Florikote Top Dress 12-4-12 90 Day - 50 lb Florikan BG 37.19$ Fertilizers:Time Release
Florikan 12-6-8 60 Day - 50 lb Florikan BG 30.31$ Fertilizers:Time Release
Florikan 12-6-8 90 Day - 50 lb Florikan BG 41.56$ Fertilizers:Time Release
Florikan 12-6-8-FS 90 Day - 50 lb Florikan BG 28.13$ Fertilizers:Time Release
Florikan 13-5-11 360 Day 3 Stage - 50 lb Florikan BG 67.19$ Fertilizers:Time Release
Florikan with Nutricote Total 14-4-14 100 Day - 50 lb Florikan BG 75.31$ Fertilizers:Time Release
Florikan with Nutricote Total 14-4-14 180 Day - 50 lb Florikan BG 75.31$ Fertilizers:Time Release
Florikan 14-5-14 180 Day - 50 lb Florikan BG 65.33$ Fertilizers:General Turf
Florikan 15-5-8 150 Day - 50 lb Florikan BG 45.94$ Fertilizers:Time Release
Florikan 16-5-11 270 Day CORE - 50 lb Florikan BG 62.19$ Fertilizers:Time Release
Florikan 16-5-11 MPK Core 360 Day - 50 lb Florikan BG 62.81$ Fertilizers:Time Release
Florikan 16-6-8 180 Day 2 Stage - 50 lb Florikan BG 72.50$ Fertilizers:Time Release
Florikan with Nutricote Total 17-6-8 360 Day 2 Stage - 50 lb Florikan BG 75.94$ Fertilizers:Time Release
Florikan with Nutricote Total 17-7-8 180 Day 2 Stage - 50 lb Florikan BG 75.94$ Fertilizers:Time Release
Florikan with Nutricote Total 17-7-8 270 Day 2 Stage - 50 lb Florikan BG 75.94$ Fertilizers:Time Release
Florikan 18-6-11 150 Day - 50 lb Florikan BG 49.69$ Fertilizers:Time Release
Florikan with Nutricote Total 18-6-8 70 Day - 50 lb Florikan BG 75.31$ Fertilizers:Time Release
Florikan with Nutricote Total 18-6-8 100 Day - 50 lb Florikan BG 75.31$ Fertilizers:Time Release
Florikan with Nutricote Total 18-6-8 140 Day - 50 lb Florikan BG 69.06$ Fertilizers:Time Release
Florikan with Nutricote Total 18-6-8 180 Day - 50 lb Florikan BG 75.31$ Fertilizers:Time Release
Florikan with Nutricote Total 18-6-8 270 Day - 50 lb Florikan BG 75.31$ Fertilizers:Time Release
Florikan with Nutricote Total 18-6-8 270 Day 3 Stage - 50 lb Florikan BG 69.56$ Fertilizers:Time Release
Florikan with Nutricote Total 18-6-8 360 Day - 50 lb Florikan BG 75.31$ Fertilizers:Time Release
Florikan with Nutricote Total 18-6-8 360 Day 2 Stage - 50 lb Florikan BG 69.56$ Fertilizers:Time Release
Florikan 18-8-8 360 Day - 50 lb Florikan BG 75.31$ Fertilizers:Time Release
Florikan 19-4-9 180 Day - 50 lb Florikan BG 50.94$ Fertilizers:Time Release
Florikan 19-5-7 270 Day - 50 lb Florikan BG 62.19$ Fertilizers:Time Release
Florikan 19-5-9 300 Day - 50 lb Florikan BG 60.31$ Fertilizers:Time Release
Florikan 20-4-9-NV 180 Day - 50 lb Florikan BG 55.94$ Fertilizers:Time Release
Florikan 26-2-9 180 Day - 50 lb Florikan BG 66.06$ Fertilizers:General Turf
Florikan 27-0-9 90 Day - 50 lb Florikan BG 36.13$ Fertilizers:General Turf
Florikan 39-0-0 180 Day - 50 lb Florikan BG 48.93$ Fertilizers:Fairway Grade:Granular
Florikan 8-2-12 180 Day Palm Blend - 50 lb Florikan BG 55.84$ Fertilizers:General Turf
Florikan MEG-IRON V - 50 lb Florikan BG 33.44$ Fertilizers:Time Release
12-6-6 TPDRSS 2-3MO 40/50#Florikan E.S.A. Corp PL 1,270.07$ Fertilizers:General Turf
Florikan 14-4-14 NANO 90 Day Florikan E.S.A. Corp BG 75.94$ Fertilizers:Time Release
16-6-8 NTRT TL 3S T270 50#Florikan E.S.A. Corp BG 71.56$ Fertilizers:Time Release
Florikan Aluminum Sulphate 90-Day Release - 50 lb Florikan E.S.A. Corp BG 57.19$ Fertilizers:Time Release
Avalon Golf & Nursery Insecticide - 1 gal Fmc EA 46.17$ Insecticides:Liquid
Avalon Insecticide - 1 gal Fmc EA 46.17$ Insecticides:Liquid
Talstar Select Insecticide - 1 gal Fmc Corporation EA 65.00$ Insecticides:Liquid
Talstar P Professional Insecticide - 0.75 gal Fmc Corporation EA 49.00$ Insecticides:Liquids
Talstar P Professional Insecticide - 1 gal Fmc Corporation EA 65.88$ Insecticides:Liquid
Talstar P Professional Insecticide - 1 qt Fmc Corporation EA 43.24$ Insecticides:Liquid
Talstar P Professional Insecticide - 1 pt Fmc Corporation EA 31.42$ Insecticides:Liquid
Echelon 4SC Herbicide - 1 gal Fmc Corporation EA 367.50$ Herbicides:Post Emergent:Selective Liquid
Dismiss South Herbicide - 1 pt Fmc Corporation EA 193.59$ Herbicides:Post Emergent:Selective Liquid
Triple Crown T&O Insecticide - 1 gal Fmc Corporation EA 278.25$ Insecticides:Liquid
Triple Crown Golf Insecticide - 1 gal Fmc Corporation EA 278.25$ Insecticides:Liquid
Fame + T Fungicide - 1 gal Fmc Corporation EA 1,125.00$ Fungicides and Algaecides:Liquid
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Fame Granular Fungicide - 25 lb Fmc Corporation BG 63.46$ Fungicides and Algaecides:Granular
Fame SC Fungicide - 64 oz Fmc Corporation EA 1,356.75$ Fungicides and Algaecides:Liquid
Triple Crown T&O Insecticide - 35 oz Fmc Corporation EA 93.24$ Insecticides:Liquid
Dismiss NXT Herbicide - 10 oz Fmc Corporation EA 96.50$ Herbicides:Post Emergent:Selective Liquid
Dismiss NXT Herbicide - 60 oz Fmc Corporation EA 575.00$ Herbicides:Post Emergent:Selective Liquid
Xonerate 2SC Herbicide - 12 oz Fmc Corporation EA 467.25$ Herbicides:Post Emergent:Selective Liquid
Aria Insecticide - 160 g Fmc Corporation EA 175.00$ Insecticides:Water Soluble
Astro Insecticide - 1 gal Fmc Corporation EA 86.82$ Insecticides:Liquid
Blindside Herbicide - 0.5 lb Fmc Corporation EA 133.97$ Herbicides:Post Emergent:Selective Liquid
Dismiss Turf Herbicide - 6 oz Fmc Corporation EA 89.74$ Herbicides:Post Emergent:Selective Liquid
Dismiss Turf Herbicide - 64 oz Fmc Corporation EA 612.82$ Herbicides:Post Emergent:Selective Liquid
Onyx Pro Insecticide - 1 qt Fmc Corporation EA 161.00$ Insecticides:Liquid
QuickSilver T&O Herbicide - 8 oz Fmc Corporation EA 197.76$ Herbicides:Post Emergent:Selective Liquid
Solitare Herbicide - 1 lb Fmc Corporation EA 173.49$ Herbicides:Post Emergent:Selective Miscellaneous
Solitare WSL Herbicide - 0.75 gal Fmc Corporation EA 103.21$ Herbicides:Post Emergent:Selective Liquid
Solitare 75 WSP Herbicide - 4 lb Fmc Corporation EA 468.00$ Herbicides:Post Emergent:Selective Miscellaneous
Talstar NG 0.2 Nursery - 50 lb Fmc Corporation BG 27.86$ Insecticides:Fire Ant
Talstar PL Granules - 25 lb Fmc Corporation BG 26.32$ Insecticides:Granular
Talstar Xtra Granules - 25 lb Fmc Corporation BG 36.51$ Insecticides:Granular
Cynoff EC Insecticide - 1 qt Fmc Corporation EA 51.33$ Insecticides:Liquids
Transport GHP Insecticide - 24 x 0.3 oz Fmc Corporation EA 88.00$ Insecticides:Liquids
Cynoff Insecticide Dust - 1 lb Fmc Corporation EA 17.19$ Insecticides:Wettable Powder
Purge III Insecticide - 7.3 oz Fmc Corporation EA 13.00$ Insecticides:Aerosols
Pyrethrin Fogger - 5 oz Fmc Corporation EA 6.67$ Insecticides:Aerosols
Residual Fogger - 5 oz Fmc Corporation EA 6.67$ Insecticides:Aerosols
Transport Mikron Insecticide - 1 qt Fmc Corporation EA 74.33$ Insecticides:Liquids
BaseLine Insecticide - 1 gal Fmc Corporation EA 185.67$ Insecticides:Liquids
EndZone Insecticide Sticker (20 Pack)Fmc Corporation EA 45.51$ Insecticides:Insect Baits
Totality Wood Treatment - 1 qt Fmc Corporation EA 322.00$ Insecticides:Liquids
D-Force Insecticide (Aerosol) - 14 oz Fmc Corporation EA 12.33$ Insecticides:Aerosols
CB-80 Insecticide (Aerosol) - 17 oz Fmc Corporation EA 22.00$ Insecticides:Aerosols
Dos Flea and Crawling Insect Spray - 17 oz Fmc Corporation EA 13.00$ Insecticides:Aerosols
Classic Metered Dispenser Fmc Corporation EA 48.26$ Applicators
Do It All Mag 1 Kit with Nozzles Gnc Industries EA 133.80$ Applicators:Sprayers
Mag-2000 Lawn Spray Gun Gnc Industries EA 63.60$ Applicators:Sprayers
Lawn Nozzle #2 Yellow Gnc Industries EA 17.20$ Applicators:Sprayers:Parts
Lawn Nozzle #3 Green Gnc Industries EA 17.20$ Applicators:Sprayers:Parts
Mag-1 Root Feeder Gnc Industries EA 374.86$ Applicators:Miscellaneous
Sharpshooter Holster Gnc Industries EA 25.71$ Nitrile Gloves & Shoe Covers
Sharpshooter Extension Gnc Industries EA 11.07$ Nitrile Gloves & Shoe Covers
Maxforce Belt Gnc Industries EA 14.23$ Nitrile Gloves & Shoe Covers
Maxforce Pouch Gnc Industries EA 12.00$ Nitrile Gloves & Shoe Covers
Ammo Strap for Gel Baits Gnc Industries EA 10.74$ Nitrile Gloves & Shoe Covers
Bait Gun Metal Tips Gnc Industries EA 11.13$ Nitrile Gloves & Shoe Covers
Amine 400 2,4-D Weed Killer - 1 qt Gordons EA 7.68$ Herbicides:Post Emergent:Selective Liquid
Scythe Herbicide - 2.5 gal Gowan EA 176.23$ Herbicide:Post Emergent:Liquid
Mesurol 75-WP - 2 lb Gowan EA 235.23$ Insecticides:Water Soluble
SedgeHammer Herbicide - 1.33 oz Gowan EA 58.40$ Herbicides:Post Emergent:Selective Miscellaneous
SedgeHammer Plus Herbicide - 13.5 g Gowan EA 8.03$ Herbicides:Post Emergent:Selective Miscellaneous
Magus SC Miticide - 1 qt Gowan EA 150.80$ Insecticides:Liquid
Captiva Insecticide - 1 qt Gowan EA 65.23$ Insecticides:Liquid
Captiva Prime - 1 qt Gowan EA 66.49$ Insecticides:Liquid
Sanmite SC Miticide/Insecticide - 1 qt Gowan EA 452.83$ Insecticides:Liquid
M-Pede - 2.5 gal Gowan EA 104.49$ Insecticides:Liquid
The Classic 18-3-6 - 2.5 gal Growth Products EA 33.86$ Fertilizers:General Turf:Liquid
Arbor Care 15-8-4 - 2.5 gal Growth Products EA 58.42$ Fertilizers:General Turf:Liquid
Pro Balance 15-0-15 - 2.5 gal Growth Products EA 50.79$ Fertilizers:General Turf:Liquid
Nitro Plus K 22-0-16 - 2.5 gal Growth Products EA 64.89$ Fertilizers:General Turf:Liquid
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Nitro-30 SRN 30-0-0 - 2.5 gal Growth Products EA 53.29$ Fertilizers:General Turf:Liquid
Turf Potassium 0-0-25 - 2.5 gal Growth Products EA 58.42$ Fertilizers:General Turf:Liquid
Autumn Care 6-12-12 Fertilizer - 2.5 gal Growth Products EA 54.98$ Fertilizers:General Turf:Liquid
Essential Plus 1-0-1 - 1 qt Growth Products EA 19.68$ Fertilizer:Natural
Essential Plus 1-0-1 for Turf - 2.5 gal Growth Products EA 146.06$ Fertilizers:Micronutrients
Green-Speed Si 0-2-5 - 2.5 gal Growth Products EA 68.35$ Fertilizers:Micronutrients
BioNutrients 8-0-9 - 5 x 8 oz Growth Products EA 69.72$ Fertilizers:General Turf:Liquid
Companion Maxx 2.5 gal Growth Products EA 293.62$ Fertilizers:Micronutrients
X-Xtra Iron 6-0-0 - 2.5 gal Growth Products EA 45.34$ Fertilizers:Micronutrients
Cal-Tec 9% Calcium Glucoheptonate 6-0-0 - 2.5 gal Growth Products EA 58.66$ Fertilizers:Micronutrients
Micrel Total 5-0-0 - 2.5 gal Growth Products EA 97.31$ Fertilizers:Micronutrients
Magnesium Chelate 3% - 2.5 gal Growth Products EA 60.82$ Fertilizers:Micronutrients
Manganese Chelate 5% - 2.5 gal Growth Products EA 60.82$ Fertilizers:Micronutrients
MicroTech CT 4-0-0 - 2.5 gal Growth Products EA 32.16$ Fertilizers:Liquid
Iron Max AC 6% 15-0-0 - 2.5 gal Growth Products EA 36.54$ Fertilizers:Micronutrients
Iron Max AC 6% 15-0-0 - 30 gal Growth Products DM 423.47$ Fertilizers:General Turf:Liquid
Iron Max AC 6% 15-0-0 - 275 gal Growth Products DM 2,750.00$ Fertilizers:Micronutrients
Bloomtastic Starter Plus 8-32-5 - 2.5 gal Growth Products EA 51.08$ Fertilizers:Liquid
Pro-Formance Ultra 18-3-6 - 2.5 gal Growth Products, Ltd.EA 87.65$ Fertilizers:General Turf:Liquid
Nitro 22 22-0-0 + Sulfur - 2.5 gal Growth Products, Ltd.EA 34.37$ Fertilizers:General Turf:Liquid
22-0-0 NITRO-22 + AS 30GL Growth Products, Ltd.DM 334.66$ Fertilizers:General Turf:Liquid
Sil-Guard Phosphite 0-2-5 - 2.5 gal Growth Products, Ltd.EA 67.27$ Fertilizers:General Turf:Liquid
pH Reducer Citric Acid - 2.5 gal Growth Products, Ltd.EA 52.78$ Adjuvants and Markers:Buffer Agents
Jute Mat - 4' x 225'Hanes Geo Components RL 115.56$ Landscape Supplies:Miscellaneous
Heavy Commercial Silt Fence - 36" x 100' Roll Hanes Geo Components RL 54.93$ Professional Turf:Erosion Control
Heavy Duty Safety Fence - 4' x 100' Rol Hanes Geo Components RL 23.19$ Professional Turf:Erosion Control
Silt Fence T-Post - 4' x 8.5 Hanes Geo Components EA 3.03$ Professional Turf:Erosion Control
15-0-5 .03% LOCKUP 50#Howard Johnson, Inc BG 29.76$ Fertilizer:Lawn:Granular
TRIMIC 1.81% ACTIVE 50LB Howard Johnson, Inc BG 31.99$ Fertilizers:Combination:Granular
15-0-10 Turf Fertilizer w/40% U-Flexx, 4% Fe 50 lb Howard Johnson, Inc BG 21.83$ Fertilizers:Fairway Grade:Granular
18-24-12 25%UFL 50#Howard Johnson, Inc BG 30.99$ Fertilizers:Fairway Grade:Granular
19-0-6 25% UFLEXX .13 DIM 50#Howard Johnson, Inc BG 27.99$ Fertilizers:Combination:Granular
15-0-7 .37%PRO 50#Howard Johnson, Inc BG 20.00$ Fertilizers:Combination:Granular
5-5-30 .37 PRO 50#Howard Johnson, Inc BG 24.09$ Fertilizers:Combination:Granular
19-10-6 .69 BIFENTHRIN 50#Howard Johnson, Inc BG 25.08$ Fertilizers:Combination:Granular
5.29-25-30 MAP .13 DIM 50#Howard Johnson, Inc BG 36.75$ Fertilizers:Combination:Granular
14-0-5 30%UFL .107%DIM 50#Howard Johnson, Inc BG 24.07$ Fertilizers:Combination:Granular
All Purpose 10-20-10 Fertilizer - 35 lb Howard Johnson's BG 12.79$ Fertilizer:Lawn:Granular
All Purpose 13-13-13 Fertilizer - 35 lb Howard Johnson's BG 12.70$ Fertilizer:Lawn:Granular
28-03-10 Professional Turf Fertilizer with 50% Uflexx, 3% Iron, with Trace Package - 50 lb Howard Johnson's BG 30.63$ Fertilizers:Fairway Grade:Granular
36-3-7 Fertilizer with 30% Uflexx - 50 lb Howard Johnson's BG 30.61$ Fertilizers:Fairway Grade:Granular
Permethrin .25G Granlime - 25 lb Howard Johnson's BG 7.24$ Insecticides:Granular
36-3-7 Fertilizer - 50 lb Howard Johnson's BG 28.06$ Fertilizers:Fairway Grade:Granular
00-00-07 Turf Fertilizer Plus .067% Acelepryn Insecticide - 50 lb Howard Johnson's BG 35.54$ Fertilizers:Insecticide:Granular
5-5-20 Fertilizer with .37% Barricade - 50 lb Howard Johnson's BG 23.48$ Fertilizers:Combination:Granular
00-00-07 Crabgrass Control Plus with 0.37% Prodiamine - 50 lb Howard Johnson's BG 14.26$ Fertilizers:Combination:Granular
Viper Weed & Feed 15-3-5 Fertilizer - 50 lb Howard Johnson's BG 22.11$ Fertilizers:Combination:Granular
14-0-5 Fertilizer with 30% Uflexx and 0.172% Dimension - 50 lb Howard Johnson's BG 28.17$ Fertilizers:Combination:Granular
Mallet Granular Insect Control 15-0-5 - 50 lb Howard Johnson's BG 26.58$ Fertilizers:Insecticide:Granular
Zero Ice - Ice & Snow Melter - 20 lb Howard Johnson's BG 6.93$ Landscape Supplies:Ice Melt
Zero Ice - Ice & Snow Melter - 50 lb Howard Johnson's BG 12.84$ Landscape Supplies:Ice Melt
Bifenthrin PL Granules 0.20% Active - 25 lb Howard Johnson's BG 13.01$ Insecticides:Granular
Peters Professional 21-7-7 Acid Special - 25 lb Icl Specialty Fertilizers BG 25.57$ Fertilizers:Water Soluble
Peters Professional 20-20-20 General Purpose - 25 lb Icl Specialty Fertilizers BG 32.14$ Fertilizers:Water Soluble
Peters Peat Lite Special 20-10-20 - 25 lb Icl Specialty Fertilizers BG 32.14$ Fertilizers:Water Soluble
Peters Professional 20-10-20 General Purpose - 25 lb Icl Specialty Fertilizers BG 31.16$ Fertilizers:Water Soluble
Peters Professional 24-8-16 Foliage Specials - 25 lb Icl Specialty Fertilizers BG 28.20$ Fertilizers:Water Soluble
Peters Peat Lite Special 15-0-15 Dark Weather Feed - 25 lb Icl Specialty Fertilizers BG 30.50$ Fertilizers:Water Soluble
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Peters Peat Lite Special 15-5-25 Flowering Crop Special - 25 lb Icl Specialty Fertilizers BG 34.45$ Fertilizers:Water Soluble
Peters Peat Lite Special 15-16-17 - 25 lb Icl Specialty Fertilizers BG 39.71$ Fertilizers:Water Soluble
Peters Peat Lite Special 10-30-20 Plant Starter - 25 lb Icl Specialty Fertilizers BG 40.37$ Fertilizers:Water Soluble
Peters Professional S.T.E.M. Fertilizer - 25 lb Icl Specialty Fertilizers BG 64.71$ Fertilizers:Water Soluble
Peters Excel 13-2-13 Plug & Bedding Plant Special - 25 lb Icl Specialty Fertilizers BG 30.83$ Fertilizers:Water Soluble
Peters Peat Lite Special (17-3-17) Neutral Cal-Mag - 25 lb Icl Specialty Fertilizers BG 29.18$ Fertilizers:Water Soluble
Peters Peat Lite Special 18-8-17 High Mag - 25 lb Icl Specialty Fertilizers BG 31.82$ Fertilizers:Water Soluble
Peters Professional 5-11-26 Hydroponic Special - 25 lb Icl Specialty Fertilizers BG 37.08$ Fertilizers:Water Soluble
Peters Excel 19-11-21 Multi-Purpose - 25 lb Icl Specialty Fertilizers BG 35.43$ Fertilizers:Water Soluble
Peters Excel 15-2-20 Pansy, Salvia & Vinca - 25 lb Icl Specialty Fertilizers BG 34.78$ Fertilizers:Water Soluble
Peters Excel 21-5-20 Multi Purpose - 25 lb Icl Specialty Fertilizers BG 33.46$ Fertilizers:Water Soluble
Peters Professional Liquid S.T.E.M. Fertilizer - 2.64 gal Icl Specialty Fertilizers EA 87.32$ Fertilizers:Water Soluble
K-Mag Standard 0-0-22 - 50 lb Intrepid Potash New Mexico Llc BG 18.03$ Fertilizers:Greens Grade:Granular
Sandtrapper I - 56" x 240'Ivi-Golf RL 406.49$ Professional Turf:Erosion Control
Sandtrapper II - 56" x 120'Ivi-Golf RL 429.19$ Professional Turf:Erosion Control
ROOTS endoROOTS 3-3-4 Fine Granular - 50 lb Lebanon BG 69.69$ Fertilizers:Biostimulants
9-3-6 TurfVigor - 2.5 gal Lebanon EA 68.34$ Fertilizers:Biostimulants
ROOTS Tree Saver - 3 oz pail Lebanonturf EA 467.25$ Fertilizers:General Turf:Liquid
ROOTS BioPak Plus 3-0-20 - 1 lb Lebanonturf EA 76.01$ Fertilizers:General Turf
ROOTS Trees 27-9-9 - 8 lb Lebanonturf EA 40.98$ Fertilizers:General Turf
ROOTS Trees 11-22-22 - 8 lb Lebanonturf EA 47.34$ Fertilizers:General Turf
ROOTS Trees 27-9-9 - 40 lb Lebanonturf BG 152.85$ Fertilizers:General Turf
ROOTS Trees 11-22-22 - 40 lb Lebanonturf BG 177.88$ Fertilizers:General Turf
ProScape 16-0-8 43% MESA .43 Barricade SGN200 - 50 lb Lebanonturf BG 37.38$ Fertilizers:Combination:Granular
ProScape 25-0-5 - 50 lb Lebanonturf BG 42.06$ Fertilizers:Fairway Grade:Granular
PennMulch Seed Accelerator - 40 lb Lebanonturf BG 26.12$ Professional Turf:Erosion Control
19-0-19 ProScape 62% Mesa 3% Iron - 50 lb Lebanonturf BG 51.31$ Fertilizers:Fairway Grade:Granular
ProScape 32-0-6 - 50 lb Lebanonturf BG 45.51$ Fertilizers:Fairway Grade:Granular
LTCC BLEND 17-0-17 100MTX - 50 lb Lebanonturf BG 53.09$ Fertilizers:Greens Grade:Granular
Pro Scape 16-4-8, 1% Iron - 50 lb Lebanonturf BG 33.81$ Fertilizers:Greens Grade:Granular
Jet Spray Gun Master Manufacturing EA 116.43$ Nitrile Gloves & Shoe Covers
EverFlo 1.0 GPM 12 Volt Diaphragm Pump Master Manufacturing EA 29.61$ Applicators:Compression Sprayers
EverFlo 2.2 GPM 12 Volt Diaphragm Pump Master Manufacturing EA 67.64$ Applicators:Compression Sprayers
EverFlo 3.0 GPM 12 Volt Diaphragm Pump Master Manufacturing EA 89.08$ Applicators:Compression Sprayers
Directional Trailer Kit Master Manufacturing EA 163.55$ Applicators:Miscellaneous
Master Gardener Rechargeable Sprayer 9 Gallon - 1 GPM Master Manufacturing EA 313.72$ Applicators:Compression Sprayers
Spray Gun with Pistol Grip - 18"Master Manufacturing EA 21.49$ Applicators:Miscellaneous
Spray Gun - 30"Master Manufacturing EA 7.59$ Applicators:Miscellaneous
Spray Gun with Hose - 30"Master Manufacturing EA 29.96$ Applicators:Miscellaneous
Spray Gun - 18"Master Manufacturing EA 24.10$ Applicators:Miscellaneous
Spot Sprayer 15 Gallon - Shurflo 1 GPM Master Manufacturing EA 166.06$ Applicators:Compression Sprayers
Boom Kit - 10'Master Manufacturing EA 174.03$ Applicators:Miscellaneous
Boom Kit - 7'Master Manufacturing EA 72.39$ Applicators:Miscellaneous
Dual No-Boom Kit Master Manufacturing EA 160.98$ Applicators:Miscellaneous
Spot Sprayer 15 Gallon - Shurflo 1.8 GPM Master Manufacturing EA 217.85$ Applicators:Compression Sprayers
Spot Sprayer 25 Gallon - Shurflo 1.8 GPM Master Manufacturing EA 238.53$ Applicators:Compression Sprayers
Spot Sprayer 9 Gallon - 1 GPM with Straps Master Manufacturing EA 118.63$ Applicators:Compression Sprayers
Shurflo Pump 1.8 GPM Master Manufacturing EA 104.76$ Applicators:Compression Sprayers
ICE MELT 3-WAY 50#Mears Fertilizer, Inc.BG 10.65$ Landscape Supplies:Ice Melt
ICE MELT 3-WAY 20#Mears Fertilizer, Inc.BG 5.03$ Landscape Supplies:Ice Melt
Pelletized Ultra Gypsum - 40 lb Mk Minerals, Inc.BG 8.51$ Soil Amendments:Soil Builders
Pelletized Hi-Calcium Limestone - 40 lb Mk Minerals, Inc.BG 8.00$ Soil Amendments:Soil Builders
Pelletized Ultra Dolomitic Lime - 40 lb Mk Minerals, Inc.BG 8.75$ Soil Amendments:Soil Builders
MK Minerals Gypsum Ultra Mini GG - 50 lb Mk Minerals, Inc.BG 10.64$ Professional Turf:Soil Amendments
Cal-Sul Gypsum Fairway - 50 lb Mk Minerals, Inc.BG 9.31$ Professional Turf:Soil Amendments
Pelletized Hi-Calcium Limestone (Greens Grade) - 50 lb Mk Minerals, Inc.BG 9.41$ Professional Turf:Soil Amendments
Pelletized Hi-Calcium Limestone (Fairway Grade) - 50 lb Mk Minerals, Inc.BG 8.04$ Professional Turf:Soil Amendments
Dolomitic Lime Greens - 50 lb Mk Minerals, Inc.BG 10.99$ Professional Turf:Soil Amendments
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Outrider Herbicide - 20 oz Monsanto EA 430.55$ Herbicides:Forage Herbicide
Roundup PRO Concentrate - 30 gal Monsanto DM 1,302.55$ Herbicides:Post Emergent:Glyphosate
Roundup PRO Concentrate - 2.5 gal Monsanto EA 115.83$ Herbicides:Post Emergent:Glyphosate
Roundup PROMAX - 30 gal Monsanto DM 1,539.49$ Herbicides:Post Emergent:Glyphosate
Roundup PROMAX - 1.67 gal Monsanto EA 90.72$ Herbicides:Post Emergent:Glyphosate
Roundup QuikPRO Herbicide - 6.8 lb Monsanto EA 131.94$ Herbicides:Post Emergent:Non selective Granular
Roundup QuikPRO Herbicide- 5 x 1.5 oz Monsanto EA 20.61$ Herbicides:Post Emergent:Non selective Granular
Roundup PROMAX - 2.5 gal Monsanto EA 133.86$ Herbicides:Post Emergent:Glyphosate
Roundup Custom Herbicide - 2.5 gal Monsanto EA 107.13$ Herbicides:Aquatic
Ranger Pro Herbicide - 2.5 gal Monsanto EA 85.00$ Herbicides:Post Emergent:Glyphosate
Ranger Pro Herbicide - 30 gal Monsanto DM 972.00$ Herbicides:Post Emergent:Glyphosate
NutriStar 9-13-11 Azalea Food - 4 lb Nelson Plant Food EA 12.73$ Fertilizer:Garden:Granular
NutriStar Bougainvillea & Flowering Vines Plant Food 17-7-10 - 15 lb Nelson Plant Food BG 30.34$ Fertilizer:Garden:Granular
NutriStar 17-7-10 Bougainvillea - 2 lb Nelson Plant Food EA 7.86$ Fertilizer:Garden:Granular
NutriStar Bougainvillea & Flowering Vines Plant Food for All Flowering Vines 17-7-10 - 25 lb Nelson Plant Food BG 35.77$ Fertilizer:Garden:Granular
NutriStar 17-7-10 Bougainvillea - 4 lb Nelson Plant Food EA 12.73$ Fertilizer:Garden:Granular
NutriStar Citrus, Fruit, and Avocado Food 12-10-10 - 4 lb Nelson Plant Food EA 12.73$ Fertilizer:Garden:Granular
NutriStar 10-15-9 Crepe Myrtle - 2 lb Nelson Plant Food EA 7.86$ Fertilizer:Garden:Granular
NutriStar Crepe Myrtle & All Flowering Trees 10-15-19 - 25 lb Nelson Plant Food BG 35.77$ Fertilizer:Garden:Granular
NutriStar Crepe Myrtle & All Flowering Trees 10-15-19 - 4 lb Nelson Plant Food EA 12.73$ Fertilizer:Garden:Granular
Colorstar 19-13-6 - 12.5 lb Nelson Plant Food BG 19.53$ Fertilizer:Garden:Granular
Colorstar 19-13-6 - 2 lb Nelson Plant Food EA 7.86$ Fertilizer:Garden:Granular
Colorstar 19-13-6 - 25 lb Nelson Plant Food BG 35.77$ Fertilizer:Garden:Granular
Colorstar 19-13-6 - 4 lb Nelson Plant Food EA 12.73$ Fertilizer:Garden:Granular
Colorstar 19-13-6 - 50 lb Nelson Plant Food BG 69.69$ Fertilizer:Garden:Granular
Colorstar Plus with Fungicide - 25 lb Nelson Plant Food BG 46.95$ Fertilizer:Lawn:Other
NutriStar Hibiscus Food 10-4-12 - 15 lb Nelson Plant Food EA 30.34$ Fertilizer:Garden:Granular
NutriStar 10-4-12 Hibiscus - 2 lb Nelson Plant Food EA 7.86$ Fertilizer:Garden:Granular
NutriStar 10-4-12 Hibiscus - 4 lb Nelson Plant Food EA 12.73$ Fertilizer:Garden:Granular
NutriStar Plumeria Star 5-30-5 - 2 lb Nelson Plant Food EA 7.86$ Fertilizer:Garden:Granular
NutriStar Plumeria Food 5-30-5 - 25 lb Nelson Plant Food BG 35.77$ Fertilizer:Garden:Granular
NutriStar for Palm Trees & Tropical Grasses 11-4-6 - 4 lb Nelson Plant Food EA 12.73$ Fertilizer:Garden:Granular
Clean Slate Selective Herbicide - 64 oz Nufarm EA 50.91$ Herbicides:Forage Herbicide
E-2 Herbicide - 2.5 gal Nufarm EA 170.18$ Herbicides:Forage Herbicide
Tahoe 3A Herbicide - 2.5 gal Nufarm EA 137.45$ Herbicides:Pre Emergent:Garden Liquid
Transom 4.5 Fungicide - 2.5 gal Nufarm EA 137.99$ Fungicides and Algaecides:Liquid
3336 EG Turf & Ornamental Fungicide - 5 lb Nufarm EA 59.75$ Fungicide and Algaecide:WP
3336 DG Lite Turf & Ornamental Fungicide - 30 lb Nufarm BG 62.14$ Fungicide and Algaecide:Granular
3336 F Turf & Ornamental Fungicide - 1 qt Nufarm EA 53.75$ Fungicide and Algaecide:Liquid
3336 F Turf & Ornamental Fungicide - 2.5 gal Nufarm EA 295.14$ Fungicides and Algaecides:Liquid
Affirm WDG Fungicide - 2.4 lb Nufarm EA 248.16$ Fungicides and Algaecides:Liquid
Affirm WDG Fungicide - 0.5 lb Nufarm EA 55.45$ Fungicides and Algaecides:Water Soluble
Alude Fungicide - 2.5 gal Nufarm EA 91.67$ Fungicides and Algaecides:Liquid
Protect DF Fungicide - 6 lb Nufarm EA 45.60$ Fungicide and Algaecide:WP
Spectro 90 WDG Fungicide - 5 lb Nufarm EA 81.73$ Fungicide and Algaecide:WDG
Spotrete F Fungicide - 2.5 gal Nufarm EA 118.06$ Fungicides and Algaecides:Liquid
Torque Fungicide - 1 gal Nufarm EA 176.88$ Fungicides and Algaecides:Liquid
TriStar 8.5 SL Insecticide - 1 qt Nufarm EA 155.20$ Insecticides:Liquid
TriStar 8.5 SL Insecticide - 1 gal Nufarm EA 530.45$ Insecticides:Liquid
TriStar 8.5 SL Insecticide - 4 oz Nufarm EA 23.95$ Insecticides:Liquid
Credit 41 Extra Non Selective Herbicide - 30 gal Nufarm DM 1,114.91$ Herbicides:Post Emergent:Glyphosate
Credit 41 Extra Non Selective Herbicide - 2.5 gal Nufarm EA 99.27$ Herbicides:Post Emergent:Glyphosate
Escalade 2 Herbicide - 2.5 gal Nufarm EA 245.19$ Herbicides:Post Emergent:Selective Liquid
Horsepower Selective Herbicide - 2.5 gal Nufarm EA 206.41$ Herbicides:Post Emergent:Selective Liquid
Cool Power Herbicide - 2.5 gal Nufarm EA 235.90$ Herbicides:Post Emergent:Selective Liquid
Millennium Ultra 2 Herbicide - 2.5 gal Nufarm EA 210.75$ Herbicides:Post Emergent:Selective Liquid
Certainty Turf Herbicide - 1.25 oz Nufarm EA 105.03$ Herbicides:Post Emergent:Selective Miscellaneous
Champ Dry Prill Agricultural Fungicide/Bactericide - 8 lb Nufarm BG 41.54$ Fungicide and Algaecide:WDG
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Mallet 0.5 G Insecticide - 30 lb Nufarm BG 31.58$ Insecticides:Granular
Diquat SPC 2L Herbicide - 2.5 gal Nufarm EA 140.80$ Herbicides:Aquatic
T-Methyl SPC 4.5F Fungicide - 2.5 gal Nufarm EA 138.00$ Fungicides and Algaecides:Liquid
T-Methyl E-Pro 50 WSB Fungicide - 4 x 8 oz Nufarm EA 19.81$ Fungicide and Algaecide:WP
ProDeuce Herbicide - 2.5 gal Nufarm EA 173.97$ Herbicides:Pre and Post Emergent
RiteWay Plant Growth Regulator - 1 gal Nufarm EA 196.82$ Professional Grower:Plant Growth Regulators
Weedar 64 Broadleaf Herbicide - 30 gal Nufarm DM 940.36$ Herbicides:Forage Herbicide:Specialty
Weedar 64 Broadleaf Herbicide - 2.5 gal Nufarm EA 79.82$ Herbicides:Forage Herbicide:Specialty
Weedone LV6 EC - 2.5 gal Nufarm EA 133.27$ Herbicides:Forage Herbicide:Specialty
Imazuron Herbicide - 10 lb Nufarm EA 111.27$ Herbicides:Post Emergent:Non selective Granular
Verve Plant Growth Regulator - 2.5 gal Nufarm EA 47.64$ Professional Grower:Plant Growth Regulators
Cuproxat Fungicide - 1 gal Nufarm EA 35.28$ Fungicide and Algaecide:Liquid
Change Up - 2.5 gal Nufarm EA 252.00$ Herbicides:Post Emergent:Selective Liquid
Anuew Plant Growth Regulator - 4 x 1.5 lb Nufarm EA 112.65$ Professional Turf:Plant Growth Regulators
Stellar Fungicide - 104 oz Nufarm EA 509.95$ Fungicides and Algaecides:Liquid
Emblem Fungicide - 1 pt Nufarm EA 210.15$ Fungicide and Algaecide:Liquid
Minx 2 Miticide/Insecticide - 1 qt Nufarm EA 64.87$ Insecticides:Liquid
Minx 2 Miticide/Insecticide - 1 gal Nufarm EA 233.27$ Insecticides:Liquid
Aloft GC Granular Insecticide - 30 lb Nufarm BG 61.97$ Insecticides:Granular
Aloft LC Granular Insecticide - 30 lb Nufarm BG 58.50$ Insecticides:Granular
Aloft LC SC Insecticide - 64 oz Nufarm EA 586.40$ Insecticides:Liquid
Aloft GC SC Insecticide - 64 oz Nufarm EA 586.40$ Insecticides:Liquid
Clipper SC Aquatic Herbicide - 1 gal Nufarm EA 409.72$ Herbicides:Aquatic
Cuproxat Fungicide - 1 gal Nufarm EA 143.61$ Fungicide and Algaecide:Liquid
SureGuard SC Herbicide - 64 oz Nufarm EA 567.50$ Herbicide:Pre Emergent:Root Control
SureGuard SC Herbicide - 1 pt Nufarm EA 166.45$ Herbicide:Pre Emergent:Root Control
Celero Herbicide- 1 lb Nufarm EA 182.60$ Herbicides:Post Emergent:Selective Miscellaneous
Agri-Mycin 50 - 3 lb Nufarm EA 102.60$ Fungicide and Algaecide:WP
Sure Power - 2.5 gal Nufarm EA 182.75$ Herbicides:Post Emergent:Selective Liquid
Spirato GHN Fungicide - 1 pt Nufarm EA 225.10$ Fungicide and Algaecide:Liquid
Cheetah Pro Non-Selective Herbicide - 30 gal Nufarm DM 2,980.00$ Herbicides:Post Emergent:Non-Selective Liquid
Cheetah Pro Non-Selective Herbicide - 1 gal Nufarm EA 120.00$ Herbicides:Post Emergent:Non-Selective Liquid
Cheetah Pro Non-Selective Herbicide - 2.5 gal Nufarm EA 250.00$ Herbicides:Post Emergent:Non-Selective Liquid
Cheetah Pro Non-Selective Herbicide - 64 oz Nufarm EA 66.67$ Herbicides:Post Emergent:Non-Selective Liquid
AquaNeat Aquatic Herbicide - 2.5 gal Nufarm EA 124.31$ Herbicides:Aquatic
Chlorpyrifos SPC 4 Insecticide - 2.5 gal Nufarm EA 140.00$ Insecticides:Liquid
Mallet 2F Insecticide - 1 gal Nufarm EA 76.82$ Insecticides:Liquid
Mallet 2F Insecticide - 2.5 gal Nufarm EA 184.30$ Insecticides:Liquid
Patriot WDG Herbicide - 16 oz Nufarm EA 46.39$ Herbicides:Post Emergent:Selective Miscellaneous
Polaris Herbicide - 2.5 gal Nufarm EA 196.73$ Herbicides:Forage Herbicide:Specialty
ProDeuce Herbicide - 64 oz Nufarm EA 37.47$ Professional Turf:Herbicides
Spyder WDG Selective Herbicide - 3 lb Nufarm EA 107.56$ Herbicides:Forage Herbicide:Specialty
Arena 50 WDG Insecticide - 40 oz Nufarm EA 615.75$ Insecticides:Liquid
Arena 0.25 G Insecticide - 30 lb Nufarm BG 57.00$ Insecticides:Granular
Adorn Fungicide - 1 qt Nufarm EA 365.50$ Fungicide and Algaecide:Liquid
Tourney Fungicide - 5 lb Nufarm EA 735.00$ Fungicides and Algaecides:Granular
SureGuard Herbicide - 5 lb Nufarm EA 765.00$ Herbicide:Pre Emergent:Root Control
Broadstar Herbicide - 50 lb Nufarm BG 102.50$ Herbicide:Pre Emergent:Granular
Fascination Plant Growth Regulator - 0.5 gal Nufarm EA 476.55$ Professional Grower:Plant Growth Regulators
Dipel Pro DF Insecticide - 1 lb Nufarm EA 19.34$ Insecticides:Natural
Distance Insect Growth Regulator - 1 qt Nufarm EA 292.53$ Insecticides:Liquid
Gnatrol WDG Biological Larvicide - 16 lb Nufarm EA 471.47$ Insecticides:Water Soluble
Overture Insecticide - 8 x 2 oz Nufarm EA 129.87$ Insecticides:Water Soluble
Safari 20 SG Insecticide - 3 lb Nufarm EA 353.70$ Insecticides:Water Soluble
Safari 20 SG Insecticide - 12 oz Nufarm EA 118.67$ Insecticides:Water Soluble
Sumagic Plant Growth Regulator - 1 gal Nufarm EA 354.80$ Professional Grower:Plant Growth Regulators
Tame 2.4 EC Spray Insecticide/Miticide - 1 qt Nufarm EA 174.53$ Insecticides:Liquid
TetraSan Miticide - 8 x 2 oz Nufarm EA 115.25$ Insecticides:Water Soluble
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Weedone LV4 EC Broadleaf Herbicde - 2.5 gal Nufarm EA 106.00$ Herbicides:Forage Herbicide:Specialty
Weedmaster Herbicide - 2.5 gal Nufarm EA 102.18$ Herbicides:Forage Herbicide
CREDIT 41 EXTRA 2/2.5 GL PK36 Nufarm Americas, Inc.EA 106.56$ Herbicides:Post Emergent:Glyphosate
CREDIT 41 EXTRA 265 GL Nufarm Americas, Inc.EA 9,809.82$ Herbicides:Post Emergent:Glyphosate
Abamectin 0.15 EC Insecticide - 1 qt Nufarm Americas, Inc.EA 58.12$ Insecticides:Liquid
Purestand Selective Herbicide - 8 oz Nufarm Americas, Inc.EA 24.16$ Herbicides:Post Emergent:Selective Miscellaneous
Menace GC 7.9% Flowable - 1 gal Nufarm Americas, Inc.EA 6.76$ Insecticides:Liquid
Sumagic PGR - 15 gal Nufarm Americas, Inc.DM 4,841.55$ Professional Grower:Plant Growth Regulators
Decathlon 20 WP - 8 oz Ohp EA 102.40$ Insecticides:Water Soluble
Cycocel - 1 qt Ohp EA 51.35$ Professional Grower:Plant Growth Regulators
Cycocel - 1 gal Ohp EA 110.81$ Professional Grower:Plant Growth Regulators
Applause SC - 1 pt Ohp EA 270.00$ Insecticides:Liquid
Notavo SC Ovicide & Miticide - 1 pt Ohp EA 296.00$ Insecticides:Liquid
Areca Fungicide - 5 lb Ohp EA 115.00$ Fungicide and Algaecide:WDG
Astun SC Fungicide 1 qt Ohp EA 179.00$ Fungicide and Algaecide:Liquid
Azatin O IGR - 1 qt Ohp EA 237.25$ Insecticides:Natural
Biathlon - 50 lb Ohp BG 105.77$ Herbicide:Pre Emergent:Granular
OHP Chipco 26019 - 2 lb Ohp EA 157.00$ Fungicide and Algaecide:WP
Discus L Insecticide - 1 gal Ohp EA 226.67$ Insecticides:Liquid
Floramite SC - 1 qt Ohp EA 264.60$ Insecticides:Liquid
Fortress Granular Herbicide - 50 lb Ohp BG 111.50$ Herbicide:Pre Emergent:Granular
Fulcrum - 1 qt Ohp EA 260.00$ Insecticides:Liquid
Marathon II - 8.45 oz Ohp EA 124.00$ Insecticides:Liquid
Marathon 1% G - 50 lb Ohp DM 600.00$ Insecticides:Granular
Marathon 1% G - 5 lb Ohp EA 63.33$ Insecticides:Granular
OHP 6672 4.5 F - 2.5 gal Ohp EA 175.35$ Fungicide and Algaecide:Liquid
OHP 6672 50 WP - 4 x 8 oz Ohp EA 20.00$ Fungicide and Algaecide:WP
Pac O - 1 gal Ohp EA 110.81$ Professional Grower:Plant Growth Regulators
Pycana Insecticide / Miticide - 1 gal Ohp EA 135.36$ Insecticides:Liquid
Segway O SC - 1 pt Ohp EA 195.50$ Fungicide and Algaecide:Liquid
Segway O SC - 64 oz Ohp EA 750.00$ Fungicide and Algaecide:Liquid
Shuttle O Miticide - 1 pt Ohp EA 174.08$ Insecticides:Liquid
Sirocco - 8 oz Ohp EA 202.24$ Insecticides:Liquid
Terrazole L - 1 qt Ohp EA 167.67$ Fungicide and Algaecide:Liquid
Triact 70 - 2.5 gal Ohp EA 230.40$ Insecticides:Liquid
Triathlon BA - 1 gal Ohp EA 89.33$ Fungicide and Algaecide:Liquid
ANCORA WDG * AGNCY* 10/1 #Ohp CS 840.00$ Insecticides:Natural
Hormodin 1 - 1 lb Ohp EA 20.91$ Professional Grower:Fertilizers:Rooting Hormones
Hormodin 2 - 1 lb Ohp EA 24.69$ Professional Grower:Fertilizers:Rooting Hormones
Hormodin 3 - 8 oz Ohp EA 20.57$ Professional Grower:Fertilizers:Rooting Hormones
Terraclor 400 - 1 gal Ohp EA 130.00$ Fungicide and Algaecide:Liquid
Adept - 16 x 1 oz Ohp EA 215.47$ Insecticides:Water Soluble
B-Nine WSG - 5 lb Ohp EA 229.73$ Professional Grower:Plant Growth Regulators
B-Nine WSG - 1 lb Ohp EA 48.65$ Professional Grower:Plant Growth Regulators
Pedestal Insect Growth Regulator (IGR) - 1 qt Ohp EA 296.00$ Insecticides:Liquid
Terrazole 35WP - 2 lb Ohp EA 104.53$ Fungicide and Algaecide:WP
Terraguard SC - 1 qt Ohp EA 397.78$ Fungicide and Algaecide:Liquid
Conquer Liquid Insecticide - 1 pt Paragon EA 15.29$ Insecticides:Liquids
Paragon Blue Bait Gun Paragon EA 27.36$ Nitrile Gloves & Shoe Covers
SERIES 6 BRN TEMP VENT PK12 Paragon Professional Pc EA 34.87$ Mattress Covers & Tyvex Suits
C&C STRAW FOR AEROSOLS 3/BG Paragon Professional Pc BG 0.55$ Applicators:Parts
Vexis Herbicide Granular - 2 lb Pbi/Gordon Corp.EA 14.70$ Professional Turf@Herbicides:Post Emergent:Selective Misc
Vexis Herbicide Granular - 15 lb Pbi/Gordon Corp.EA 21.65$ Professional Turf@Herbicides:Post Emergent:Selective Misc
Spred-Rite G Gravity Flow Granule Spreader Pbi-Gordon EA 28.67$ Applicators:Spreaders:Broadcast
Katana - 5 oz Pbi-Gordon EA 194.40$ Herbicides:Post Emergent:Selective Miscellaneous
Pre-San Granular 12.5G - 50 lb Pbi-Gordon BG 288.96$ Herbicides:Pre Emergent:Granular
Tekken SC Broad Spectrum Fungicide - 2.5 gal Pbi-Gordon EA 375.00$ Fungicides and Algaecides:Liquid
Segway SC T&L - 39.2 oz Pbi-Gordon EA 415.00$ Fungicides and Algaecides:Liquid
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Kabuto Fungicide SC - 1 gal Pbi-Gordon EA 576.45$ Fungicides and Algaecides:Liquid
SpeedZone Lawn Concentrate - 20 oz Pbi-Gordon EA 28.95$ Herbicides:Post Emergent:Selective Liquid
SpeedZone Broadleaf Killer - 1 gal Pbi-Gordon EA 90.58$ Herbicides:Post Emergent:Selective Liquid
SpeedZone Lawn Weed Killer Concentrate - 2.5 gal Pbi-Gordon EA 223.24$ Herbicides:Post Emergent:Selective Liquid
Surge Herbicide - 2.5 gal Pbi-Gordon EA 163.50$ Herbicides:Post Emergent:Selective Liquid
SpeedZone Southern Herbicide - 1 gal Pbi-Gordon EA 78.33$ Herbicides:Post Emergent:Selective Liquid
SpeedZone Southern Herbicide - 2.5 gal Pbi-Gordon EA 186.86$ Herbicides:Post Emergent:Selective Liquid
Atrimmec - 1 gal Pbi-Gordon EA 367.05$ Professional Grower:Plant Growth Regulators
Atrimmec - 1 qt Pbi-Gordon EA 105.90$ Professional Grower:Plant Growth Regulators
Ornamec 170 - 1 qt Pbi-Gordon EA 27.50$ Herbicides:Post Emergent:Selective Liquid
Q4 Plus Herbicide - 1 gal Pbi-Gordon EA 120.55$ Herbicides:Post Emergent:Selective Liquid
Q4 Plus Herbicide - 1 qt Pbi-Gordon EA 38.14$ Herbicides:Post Emergent:Selective Liquid
Q4 Plus Herbicide - 2.5 gal Pbi-Gordon EA 296.88$ Herbicides:Post Emergent:Selective Liquid
Tupersan WP - 4 lb Pbi-Gordon EA 140.96$ Herbicides:Pre Emergent:Miscellaneous
Zylam Liquid Systemic Insecticide - 1 qt Pbi-Gordon EA 123.25$ Insecticides:Liquid
Trimec Crabgrass Plus Lawn Weed Killer RTU - 1 qt Pbi-Gordon EA 9.60$ Herbicides:Post Emergent:Selective Liquid
Trimec Crabgrass Plus Lawn Weed Killer Concentrate -1 qt Pbi-Gordon EA 14.39$ Herbicides:Post Emergent:Selective Liquid
Trimec Encore - 2.5 gal Pbi-Gordon EA 134.46$ Herbicides:Post Emergent:Selective Liquid
Brushmaster - 1 gal Pbi-Gordon EA 78.62$ Herbicides:Post Emergent:Selective Liquid
Brushmaster - 1 qt Pbi-Gordon EA 25.32$ Herbicides:Post Emergent:Selective Liquid
Ornamec Over-The-Top Herbicide - 1 qt Pbi-Gordon EA 61.45$ Herbicides:Post Emergent:Selective Liquid
Launch Biostimulant - 2.5 gal Pbi-Gordon EA 64.19$ Fertilizers:Biostimulants
Trimec Lawn Weed Killer Concentrate -1 pt Pbi-Gordon EA 10.34$ Herbicides:Post Emergent:Selective Liquid
Trimec Lawn Weed Killer Concentrate -1 qt Pbi-Gordon EA 12.27$ Herbicides:Post Emergent:Selective Liquid
Hi-Dep Broadleaf Herbicide - 2.5 gal Pbi-Gordon EA 54.49$ Herbicides:Post Emergent:Selective Liquid
Pasture Pro Herbicide - 1 qt Pbi-Gordon EA 15.92$ Herbicides:Forage Herbicide
Trimec Ready Spray Lawn Weed Killer RTS - 1 qt Pbi-Gordon EA 13.34$ Herbicides:Post Emergent:Selective Liquid
TZone SE Broadleaf Herbicide - 1 gal Pbi-Gordon EA 77.25$ Herbicides:Post Emergent:Selective Liquid
TZone SE Broadleaf Herbicide - 2.5 gal Pbi-Gordon EA 186.88$ Herbicides:Post Emergent:Selective Liquid
Bensumec 4LF - 2.5 gal Pbi-Gordon EA 366.51$ Herbicides:Pre Emergent:Liquid
Acreage Pro Large Property Lawn Weed Killer - 1 gal Pbi-Gordon EA 43.78$ Herbicides:Forage Herbicide
Acreage Pro Large Property Lawn Weed Killer - 1 qt Pbi-Gordon EA 14.94$ Herbicides:Forage Herbicide
Avenue South - 2.5 gal Pbi-Gordon EA 201.13$ Herbicides:Post Emergent:Selective Liquid
SpeedZone Southern EW Herbicide - 2.5 gal Pbi-Gordon EA 177.50$ Herbicides:Post Emergent:Selective Liquid
Trimec Classic - 1 gal Pbi-Gordon EA 48.85$ Herbicides:Post Emergent:Selective Liquid
Trimec Classic - 2.5 gal Pbi-Gordon EA 115.71$ Herbicides:Post Emergent:Selective Liquid
Trimec Southern - 1 gal Pbi-Gordon EA 69.36$ Herbicides:Post Emergent:Selective Liquid
Trimec Southern - 1 qt Pbi-Gordon EA 23.76$ Herbicides:Post Emergent:Selective Liquid
Trimec Southern - 2.5 gal Pbi-Gordon EA 166.99$ Herbicides:Post Emergent:Selective Liquid
FeRROMEC AC - 30 gal Pbi-Gordon DM 350.77$ Fertilizers:Micronutrients
FeRROMEC AC - 2.5 gal Pbi-Gordon EA 34.23$ Fertilizers:Micronutrients
Liquid Edger RTU - 1 gal Pbi-Gordon EA 6.97$ Herbicides:Post Emergent:Non selective Liquid
Trimec 992 Broadleaf Herbicide - 2.5 gal Pbi-Gordon EA 74.68$ Herbicides:Post Emergent:Selective Liquid
Vessel 30.56% 2, 4-D - 2.5 gal Pbi-Gordon EA 70.83$ Herbicides:Post Emergent:Selective Liquid
Vessel 30.56% 2, 4-D - 30 gal Pbi-Gordon DM 830.77$ Herbicides:Post Emergent:Selective Liquid
46-0-0 Urea - 50 lb Pcs Sales BG 31.08$ Fertilizer:Garden:Granular
Mirage 2 Hulled Bermuda - 25 lb Pickseed BG 232.74$ Lawn Seed:Bermuda, Common:Hulled
LADINO CLOVER COATED 50#Pickseed West, Inc BG 107.50$ Field Seed:Legumes:Clovers
ProPlus Tacking Agent 3 - 50 lb Profile BG 234.39$ Professional Turf:Erosion Control
Conwed Fibers Hydro Mulch 1000 with TriFlo - 50 lb Profile BA 16.61$ Professional Turf:Erosion Control
Conwed Fibers Hydro Mulch 2000 - 50 lb Profile BG 20.34$ Professional Turf:Erosion Control
Conwed Fibers Cellulose - 50 lb Profile BG 15.20$ Professional Turf:Erosion Control
Conwed Fibers Seed Aide CoverGrow Mulching Granules - 40 lb Profile BG 21.76$ Professional Turf:Erosion Control
ProPlus JumpStart 5 - 40 lb Profile BG 107.03$ Professional Turf:Erosion Control
ProPlus NeutraLime Liquid - 2.5 gal Profile EA 34.81$ Professional Turf:Erosion Control
Second Nature Cellulose Fiber Hydraulic Mulch - 50 lb Profile Products BG 14.64$ Professional Turf:Erosion Control
FlocLoc - 40 lb Profile Products BG 229.45$ Professional Turf:Erosion Control
ProGanics Biotic Soil Media - 50 lb Profile Products BA 41.73$ Professional Turf:Erosion Control
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Southern Athletic Fields 5 Star Packing Clay - 50lb Profile Products BG 12.38$ Professional Turf:Soil Amendments
Southern Athletic Fields 516 Field Conditioner - 50 lb Profile Products BG 15.17$ Professional Turf:Soil Amendments
Southern Athletic Fields 816 Field Conditioner - 50 lb Profile Products BG 12.10$ Professional Turf:Soil Amendments
Turface Athletics Professional Mound Clay Red - 50 lb Profile Products BG 13.15$ Professional Turf:Soil Amendments
Turface Athletics MVP - 50 lb Profile Products BG 11.33$ Professional Turf:Soil Amendments
Pro-Plus Aqua-pHix Spray Formula - 2.5 gal Profile Products EA 137.76$ Professional Turf:Soil Amendments
Turface Athletics Pro League - 50 lb Profile Products BG 12.21$ Professional Turf:Soil Amendments
Turface Athletics Pro League Heritage Red - 50 lb Profile Products BG 15.36$ Professional Turf:Soil Amendments
Turface Athletics Pro League Red - 50 lb Profile Products BG 15.36$ Professional Turf:Soil Amendments
Profile Porous Ceramic Greens Grade - 50 lb Profile Products BG 17.06$ Professional Turf:Soil Amendments
Turface Athletics Quick Dry - 50 lb Profile Products BG 11.33$ Professional Turf:Soil Amendments
Echo 720 Fungicide - 2.5 gal Prokoz, Inc EA 118.06$ Fungicides and Algaecides:Liquid
Lazer Spray Pattern Indicator Green - 1 gal Sanco Industries EA 35.19$ Adjuvants and Markers:Colorant and Marker
Lazer Spray Pattern Indicator Green - 1 qt Sanco Industries EA 18.54$ Adjuvants and Markers:Colorant and Marker
Crystal Blue Royal Blue Throw Packs Sanco Industries EA 9.46$ Pond Management:Weed and Algae Control
Tsunami DQ Pond Herbicide - 1 qt Sanco Industries EA 48.86$ Pond Management:Weed and Algae Control
Root Destroyer - 2 lb Sanco Industries EA 12.14$ Herbicides:Septic
Blazer Spray Tank Cleaner - 16 oz Sanco Industries EA 5.66$ Adjuvant:Tank Cleaner
Stock Plex Stock Tank Algae Control - 1 qt Sanco Industries EA 10.22$ Pond Management:Weed and Algae Control
Crystal Blue Blue Pond Dye - 1 gal Sanco Industries EA 34.91$ Pond Management:Weed and Algae Control
Ocean Blue Turquoise Pond Dye - 1 gal Sanco Industries EA 34.03$ Pond Management:Weed and Algae Control
Crystal Blue Natural Pond Cleaner - 1 gal Sanco Industries EA 38.63$ Pond Management:Weed and Algae Control
Catt Plex Pond Herbicide - 1 qt Sanco Industries EA 26.41$ Pond Management:Weed and Algae Control
Plex Mate Aquatic Surfactant - 1 qt Sanco Industries EA 13.57$ Pond Management:Weed and Algae Control
Plex Mate Aquatic Surfactant - 8 oz Sanco Industries EA 6.66$ Pond Management:Weed and Algae Control
Crystal Blue Copper Sulfate - 15 lb Sanco Industries EA 68.61$ Pond Management:Weed and Algae Control
Black Out Black Pond Dye - 1 gal Sanco Industries EA 42.55$ Pond Management:Weed and Algae Control
Crystal Blue Copper Sulfate - 5 lb Sanco Industries EA 24.09$ Pond Management:Weed and Algae Control
Crystal Plex Pond Algaecide - 1 gal Sanco Industries EA 34.92$ Pond Management:Weed and Algae Control
SensiPro Blue Granules Spray Indicator & Pond Colorant Tilt & Pour - 24 oz Sensient Colors EA 42.44$ Adjuvants and Markers:Colorant and Marker
SensiPro Blue Granular Pond Colorant WSB SoluPack - 10 x 5 oz Sensient Colors EA 67.69$ Adjuvants and Markers:Colorant and Marker
SensiPro Blue Granules Spray Indicator & Pond Colorant - 4.4 lb Sensient Colors EA 90.66$ Adjuvants and Markers:Colorant and Marker
SensiPro Green Granular Spray Pattern Indicator Tilt & Pour - 24 oz Sensient Colors EA 42.91$ Adjuvants and Markers:Colorant and Marker
SensiPro Green Granular Spray Pattern Indicator WSB SoluPack - 10 x 5 oz Sensient Colors EA 84.15$ Adjuvants and Markers:Colorant and Marker
SensiPro Green Granular Spray Pattern Indicator - 4.4 lb Sensient Colors EA 104.65$ Adjuvants and Markers:Colorant and Marker
SensiPro Black Granules Pond Colorant Tilt & Pour - 24 oz Sensient Colors EA 42.91$ Adjuvants and Markers:Colorant and Marker
SensiPro Black Granular Pond Colorant WSB SoluPack - 10 x 5 oz Sensient Colors EA 72.88$ Adjuvants and Markers:Colorant and Marker
SensiPro Black Granules Pond Colorant - 4.4 lb Sensient Colors EA 89.50$ Adjuvants and Markers:Colorant and Marker
SensiPro Green Links Premier Turf Colorant - 1 gal Sensient Colors EA 119.82$ Adjuvants and Markers:Colorant and Marker
SensiPro Green Links Medalist Plus - 2.5 gal Sensient Colors EA 172.51$ Adjuvants and Markers:Colorant and Marker
Obtego Fungicide and Plant Symbiont - 1 lb Sepro BG 75.00$ Fungicide and Algaecide:WP
Obtego Fungicide and Plant Symbiont - 5 lb Sepro BG 325.00$ Fungicide and Algaecide:WP
Musketeer Turf Growth Regulator - 2.5 gal Sepro EA 842.15$ Professional Turf:Plant Growth Regulators
Rycar Insecticide - 8 oz Sepro EA 173.36$ Insecticides:Liquid
Hachi-Hachi SC Insecticide - 0.5 gal Sepro EA 216.68$ Insecticides:Liquid
A-Rest Plant Growth Regulator - 2.5 gal Sepro EA 563.00$ Professional Turf:Plant Growth Regulators
Cutless MEC Turf Growth Regulator - 2.5 gal Sepro EA 1,128.75$ Professional Turf:Plant Growth Regulators
Legacy Turf Growth Regulator - 2.5 gal Sepro EA 1,133.25$ Professional Turf:Plant Growth Regulators
Topflor Ornamental Plant Growth Regulator - 2 L Sepro EA 265.00$ Professional Turf:Plant Growth Regulators
Topflor Ornamental Plant Growth Regulator Propak - 5 gal Sepro DM 1,975.00$ Professional Grower:Plant Growth Regulators
DM A-REST PGR ** 30GA Sepro Corporation DM 5,431.80$ Professional Turf:Plant Growth Regulators
Lucid Miticide/Insecticide - 1 qt Sipcam Agro EA 37.33$ Insecticides:Liquid
Solo Replacement Hose - 48"Solo EA 5.72$ Applicators:Miscellaneous
Solo Diaphragm Pump Repair Kit Solo EA 14.39$ Applicators:Miscellaneous
Solo Piston Pump Repair Kit Solo EA 19.21$ Applicators:Miscellaneous
Solo Piston, Rod And Collar Kit Solo EA 19.21$ Applicators:Miscellaneous
Solo Brass Adjustable Nozzle Kit Solo EA 8.60$ Applicators:Miscellaneous
Solo Wand/Shut-Off Valve Repair Kit Solo EA 9.58$ Applicators:Miscellaneous
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Solo Starter Complete Solo EA 50.72$ Applicators:Miscellaneous
Solo Tank Cap Gasket Solo EA 3.80$ Applicators:Miscellaneous
Solo Speed Tip Multiple Spray Pattern Nozzle Solo EA 8.61$ Applicators:Miscellaneous
Solo 420 One-Handed Pressure Sprayer - 2 Liter Solo EA 19.85$ Applicators:Compression Sprayers
Solo Tank Cap with Valve Assembly Solo EA 5.72$ Applicators:Miscellaneous
Solo 421-S Portable Spreader Solo EA 60.47$ Applicators:Spreaders:Fertilizer Dispenser
Solo Carry Strap with Hook Solo EA 4.76$ Applicators:Miscellaneous
Solo Shut-Off Valve Solo EA 13.01$ Applicators:Miscellaneous
Solo Universal Wand Assembly - 28"Solo EA 19.21$ Applicators:Miscellaneous
Solo Replacement Sprayer Wand - 20"Solo EA 8.61$ Applicators:Miscellaneous
Solo Elbow Nozzle Assembly Solo EA 6.70$ Applicators:Miscellaneous
Solo Drift Guard Solo EA 18.95$ Applicators:Miscellaneous
Solo 416 12 Volt Cordless Electric 5-Gallon Backpack Solo EA 525.50$ Applicators:Compression Sprayers
Solo Professional Piston Pump Backpack Sprayer - 4 gal Solo EA 92.70$ Applicators:Compression Sprayers
Solo 451 Mist Blower Solo EA 719.96$ Applicators-Sprayers
Solo Professional Diaphragm Pump Backpack Sprayer - 4 gal Solo EA 95.47$ Applicators:Compression Sprayers
3/8" 600 PSI Hose - 300'Stinger RL 321.33$ Applicators:Parts
Stinger Power Sprayer - 50 gal Stinger Sprayer Company EA 3,900.00$ Applicators-Sprayers
Stinger Power Sprayer - 100 gal Stinger Sprayer Company EA 4,026.67$ Applicators-Sprayers
1/2" 600 PSI Sprayer Hose PVC Power - 300'Stinger Sprayer Company RL 380.00$ Applicators:Parts
Stinger Sprayer Systems Tank Lid Stinger Sprayer Company EA 32.67$ Applicators:Parts
Hose Reel Swivel - 1/2" Stainless Steel Stinger Sprayer Company EA 61.33$ Applicators:Parts
Bonzi Plant Growth Regulator - 1 qt Syngenta EA 131.68$ Professional Grower:Plant Growth Regulators
Avid 0.15EC Miticide/Insecticide - 1 gal Syngenta EA 545.75$ Insecticides:Liquid
Monument 75WG Herbicide - 5 x 5 g Syngenta EA 257.50$ Herbicides:Post Emergent:Selective Granular
Heritage TL Fungicide - 1 gal Syngenta EA 545.90$ Fungicides and Algaecides:Liquid
Heritage TL ME LinkPak - 10 gal Syngenta DM 5,356.00$ Fungicides and Algaecides:Liquid
Endeavor Insecticide - 2.5 oz Syngenta CS 173.76$ Insecticides:Water Soluble
Primo Maxx Plant Growth Regulator - 1 gal Syngenta EA 298.70$ Professional Turf:Plant Growth Regulators
Primo Maxx Plant Growth Regulator LinkPak - 10 gal Syngenta DM 2,822.00$ Professional Turf:Plant Growth Regulators
Meridian 0.33G Insecticide - 40 lb Syngenta BG 96.00$ Insecticides:Granular
Avid 0.15EC Miticide/Insecticide - 8 oz Syngenta EA 93.69$ Insecticides:Liquid
Instrata Fungicide - 2.5 gal Syngenta EA 417.25$ Fungicides and Algaecides:Liquid
Headway Fungicide - 1 gal Syngenta EA 451.15$ Fungicides and Algaecides:Liquid
Ardent Miticide/Insecticide - 1 qt Syngenta EA 89.27$ Insecticides:Liquid
Bonzi Plant Growth Regulator - 2.5 gal Syngenta EA 442.75$ Professional Turf:Plant Growth Regulators
Flagship 25WG Insecticide - 2 lb Syngenta EA 401.00$ Insecticides:Granular
Headway EC LinkPak - 10 gal Syngenta DM 4,388.00$ Fungicides and Algaecides:Liquid
Daconil ZN Flowable - 2.5 gal Syngenta EA 180.25$ Fungicides and Algaecides:Liquid
Daconil Ultrex Fungicide - 5 lb Syngenta EA 65.00$ Fungicides and Algaecides:Liquid
Daconil Weatherstik Fungicide - 2.5 gal Syngenta EA 164.75$ Fungicides and Algaecides:Liquid
Fusilade II Turf & Ornamental Herbicide - 1 qt Syngenta EA 80.45$ Herbicide:Post Emergent:Liquid
Podium Plant Growth Regulator (Generic Primo Maxx) - 1 gal Syngenta EA 157.52$ Professional Turf:Plant Growth Regulators
Scimitar CS Insecticide - 1 qt Syngenta EA 183.08$ Insecticides:Liquid
Resolute 65WG Herbicide - 5 lb Syngenta EA 59.21$ Herbicides:Pre Emergent:Miscellaneous
Reward Landscape & Aquatic Herbicide - 1 gal Syngenta EA 109.86$ Herbicides:Aquatic
Barricade 4FL Herbicide - 1 gal Syngenta EA 147.30$ Herbicides:Pre Emergent:Liquid
Barricade 4FL Herbicide - 10 gal Syngenta DM 1,421.50$ Herbicides:Pre Emergent:Liquid
Barricade 4FL Herbicide - 30 gal Syngenta DM 3,676.50$ Herbicides:Pre Emergent:Liquid
Meridian 25WG Insecticide - 102 oz Syngenta EA 525.30$ Insecticides:Liquid
Renown Fungicide - 2.5 gal Syngenta EA 574.25$ Fungicides and Algaecides:Liquid
Heritage G Fungicide - 30 lb Syngenta BG 60.92$ Fungicides and Algaecides:Granular
Palladium Fungicide - 2 lb Syngenta EA 318.50$ Fungicides and Algaecides:Liquid
Pennant Magnum Herbicide - 1 gal Syngenta EA 238.33$ Herbicides:Pre Emergent:Liquid
Trimmit 2SC Plant Growth Regulator - 2.5 gal Syngenta EA 1,094.40$ Professional Turf:Plant Growth Regulators
Banner Maxx II Fungicide - 1 gal Syngenta EA 224.50$ Fungicides and Algaecides:Liquid
Banner Maxx II LinkPak Fungicide - 10 gal Syngenta DM 2,163.00$ Fungicides and Algaecides:Liquid
Concert II Fungicide - 2.5 gal Syngenta EA 208.50$ Fungicides and Algaecides:Liquid
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Resolute 4FL Herbicide - 1 gal Syngenta EA 76.92$ Herbicides:Pre Emergent:Liquid
Tenacity Herbicide - 8 oz Syngenta EA 72.59$ Herbicides:Pre and Post Emergent
Daconil Action Fungicide - 2.5 gal Syngenta EA 208.65$ Fungicides and Algaecides:Liquid
Briskway Fungicide - 1 gal Syngenta EA 1,283.40$ Fungicides and Algaecides:Liquid
Caravan G Insecticide - 30 lb Syngenta BG 76.36$ Professional Turf:Miscellaneous Chemicals
Secure Fungicide - 2.5 gal Syngenta EA 1,588.75$ Fungicides and Algaecides:Liquid
Micora Fungicide - 1 qt Syngenta EA 290.00$ Fungicide and Algaecide:Liquid
Daconil Action + Heritage Multipak Syngenta CS 738.00$ Fungicides and Algaecides:Liquid
Medallion WDG Fungicide - 8 oz Syngenta EA 157.60$ Fungicide and Algaecide:WP
Secure Fungicide - 0.5 gal Syngenta EA 317.50$ Fungicides and Algaecides:Liquid
Barricade Herbicide - 5 lb Syngenta EA 105.50$ Herbicides:Pre Emergent:Miscellaneous
Appear Fungicide - 2 gal Syngenta EA 278.00$ Fungicides and Algaecides:Liquid
Daconil Action + Appear Multipak Syngenta CS 335.00$ Fungicides and Algaecides:Liquid
Acelepryn Insecticide - 0.5 gal Syngenta EA 1,011.51$ Insecticides:Liquid
Medallion SC Fungicide - 1 gal Syngenta EA 587.10$ Fungicides and Algaecides:Liquid
Citation Insecticide - 6 x 2.66 oz Syngenta EA 354.89$ Insecticides:Water Soluble
Subdue GR Fungicide - 25 lb Syngenta BG 149.14$ Fungicide and Algaecide:Granular
Subdue Maxx Fungicide - 1 qt Syngenta EA 195.00$ Fungicide and Algaecide:Liquid
Subdue Maxx Fungicide - 1 gal Syngenta EA 554.15$ Fungicides and Algaecides:Liquid
Acelepryn G Insecticide - 25 lb Syngenta BG 94.74$ Insecticides:Granular
Advion Fire Ant Bait - 25 lb Syngenta BG 325.26$ Insecticides:Granular:Ant Bait
Advion Fire Ant Bait - 2 lb Syngenta EA 39.03$ Insecticides:Granular:Ant Bait
Provaunt WDG Insecticide - 12 oz Syngenta EA 107.62$ Insecticides:Granular
Provaunt WDG Insecticide - 120 oz Syngenta EA 3,408.00$ Insecticides:Granular
Velista Fungicide - 22 oz Syngenta EA 226.60$ Fungicides and Algaecides:Water Soluble
Ference Insecticide - 96 oz Syngenta EA 1,720.00$ Insecticides:Liquid
Heritage Action Fungicide - 6 lb Syngenta EA 1,980.00$ Fungicides and Algaecides:Water Soluble
Mural Fungicide - 1 lb Syngenta EA 207.50$ Fungicide and Algaecide:WDG
Heritage Action Fungicide - 1 lb Syngenta EA 343.00$ Fungicides and Algaecides:Water Soluble
Acelepryn Insecticide - 0.5 gal Syngenta EA 1,072.75$ Insecticides:Liquid
Primo Maxx + Trimmit Multipak Syngenta CS 660.00$ Professional Turf:Plant Growth Regulators
Daconil Action + Heritage Action Multipak Syngenta CS 769.00$ Fungicides and Algaecides:Liquid
Segovis Fungicide - 1 pt Syngenta EA 638.93$ Fungicide and Algaecide:Liquid
Princep Liquid - 2.5 gal Syngenta EA 58.62$ Herbicides:Pre Emergent:Liquid
Heritage Action + Velista Multipak Syngenta CS 1,538.00$ Fungicides and Algaecides:Water Soluble
Heritage Action + Secure Multipak Syngenta CS 1,486.00$ Fungicides and Algaecides:Liquid
Avid + Mainspring GNL Multipak Syngenta CS 1,485.00$ Insecticides:Granular
Mural + Mainspring GNL Multipak Syngenta CS 1,080.00$ Insecticides:Granular
Downey Mildew/Phytophthora Multipak Syngenta CS 1,545.00$ Fungicide and Algaecide:Liquid
Divanem Insecticide - 0.5 gal Syngenta EA 1,622.25$ Insecticides:Liquid
Divanem + Heritage Action Multipak Syngenta CS 3,003.00$ Insecticides:Liquid
Heritage G Fungicide - 10 lb Syngenta BG 28.73$ Fungicides:Lawn:Granule
Secure Action Fungicide - 2.5 Gal Syngenta EA 1,673.75$ Fungicides and Algaecides:Liquid
Secure Action Fungicide - 0.5 Gal Syngenta EA 394.50$ Fungicides and Algaecides:Liquid
Heritage G Fungicide - 30 lb Syngenta BG 59.08$ Fungicides and Algaecides:Granular
Manuscript Liquid Herbicide With Adigor Adjuvant PK Syngenta CS 636.00$ Herbicides:Post Emergent:Selective Liquid
Posterity SC Fungicide - 105 oz Syngenta EA 1,545.00$ Fungicides and Algaecides:Liquid
Provaunt WDG Insecticide - 72 oz Syngenta EA 396.00$ Insecticides:Granular
Manuscript Liquid Herbicide with Adigor Adjuvant Pack Syngenta CS 688.00$ Herbicides:Post Emergent:Selective Liquid
Reward Landscape & Aquatic Herbicide - 2.5 gal Syngenta EA 197.50$ Herbicides:Post Emergent:Non selective Liquid
Heritage Fungicide - 1 lb Syngenta EA 332.70$ Fungicides and Algaecides:Liquid
Heritage WDG Fairway Pack - 6 lb Syngenta EA 1,996.20$ Fungicides and Algaecides:Liquid
Trimmit 2SC Plant Growth Regulator - 1 gal Syngenta EA 477.90$ Professional Turf:Plant Growth Regulators
Avid 0.15EC Miticide/Insecticide - 1 qt Syngenta EA 219.52$ Insecticides:Liquid
Headway G Fungicide - 30 lb Syngenta Crop Protection, Llc BG 59.08$ Fungicides and Algaecides:Granular
Temp-Vent Automatic Foundation Vents - Series 6 Temp-Vent EA 34.87$ Mattress Covers & Tyvex Suits
Contec DG 12-24-8 Fertilizer - 40 lb The Andersons BG 54.10$ Fertilizers:Contec DG
Rotary Spreader (Model 2000)The Andersons EA 916.59$ Applicators:Spreaders:Drop
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Rotary Spreader (Model 2000 - AccuPro)The Andersons EA 707.25$ Applicators:Spreaders:Broadcast
DG Gypsum Soil Enhancer, SGN100 - 50 lb The Andersons BG 23.40$ Professional Turf:Fertilizers
Contec DG 0-0-12 Mag-tec Fertilizer - 40 lb The Andersons BG 47.40$ Fertilizers:Contec DG
Turf Fertilizer 14-7-7 with 2% Fe, Micros, 50% MUtech, SGN215 - 50 lb The Andersons BG 37.29$ Fertilizers:Fairway Grade:Granular
Turf Fertilizer 18-12-6 with 25% NS-54, Avail, SGN215 - 50 lb The Andersons BG 30.36$ Fertilizers:Fairway Grade:Granular
Turf Fertilizer 18-0-4 with 0.426% Barricade Herbicide, 25% NS-54, SGN215 - 50 lb The Andersons BG 24.97$ Fertilizers:Combination:Granular
Turf Fertilizer 20-0-4 with 0.86% ProPendi Herbicide, 30% Fortify-N, SGN215 - 50 lb The Andersons BG 25.88$ Fertilizers:Combination:Granular
Turf Fertilizer 21-0-10 with 0.25% Dimension Herbicide, 50% Fortify-N, SGN215 - 50 lb The Andersons BG 36.05$ Fertilizers:Combination
Turf Fertilizer 24-0-8 with 50% Fortify-N, 2% Fe, SGN215 - 50 lb The Andersons BG 28.21$ Fertilizers:Fairway Grade:Granular
UltraMate LQ Liquid Humic Solution 0-0-3 - 2.5 gal The Andersons EA 38.50$ Fertilizers:Natural
Turf Fertilizer 22-0-4 with 50% HCU, 43% Black Gypsum DG, SGN240 - 50 lb The Andersons BG 26.90$ Professional Turf:Soil Amendments
HCU 44-0-0 Humic Coated Urea - 50 lb The Andersons BG 34.00$ Professional Turf:Fertilizers
Drop Spreader (Model SSD)The Andersons EA 1,089.87$ Applicators:Spreaders:Drop
Biomend DG Black Gypsum, SGN75 - 50 lb The Andersons BG 44.20$ Professional Turf:Soil Amendments
Turf Fertilizer 16-4-8 with 2% Fe, 40% NS-54, SGN135 - 50 lb The Andersons BG 27.50$ Fertilizers:Fairway Grade:Granular
Turf Fertilizer 18-24-12 with 48% NS-54, SGN240 - 50 lb The Andersons BG 36.29$ Fertilizers:Fairway Grade:Granular
Turf Fertilizer 22-0-3 with 50% Fortify-N, 2% Fe, SGN215 - 50 lb The Andersons BG 24.43$ Fertilizers:Fairway Grade:Granular
Turf Fertilizer 24-5-11 with 3% Fe, 50% NS-54, SGN240 - 50 lb The Andersons BG 31.36$ Fertilizers:Fairway Grade:Granular
Turf Fertilizer 5-0-31 with 10% Fe, 20% NS-54, SGN215 - 50 lb The Andersons BG 31.21$ Fertilizers:Fairway Grade:Granular
20-5-10 Fertilizer with 50% NS-52, 2% FE - 50 lb The Andersons BG 29.93$ Fertilizers:Fairway Grade:Granular
Contec DG 10-5-20 Fertilizer - 40 lb The Andersons BG 53.10$ Fertilizers:Contec DG
10-20-20 Fertilizer with 50% MUtech - 50 lb The Andersons BG 51.19$ Fertilizers:Greens Grade:Granular
Contec DG Generation 3 12-3-12 Fertilizer - 40 lb The Andersons BG 52.20$ Fertilizers:Contec DG
Contec DG 13-0-26 Fertilizer - 40 lb The Andersons BG 59.70$ Fertilizers:Contec DG
Tee Time 13-2-13 Fertilizer with 100% AS, 2% Fe, SGN 100 - 50 lb The Andersons BG 45.22$ Fertilizers:Greens Grade:Granular
Tee Time 14-28-10 Fertilizer with 1% Fe, Micros, 50% MUtech, SGN100 - 50 lb The Andersons BG 51.51$ Fertilizers:General Turf:Miscellaneous
Contec DG Generation 3 17-0-17 Fertilizer - 40 lb The Andersons BG 58.00$ Fertilizers:Contec DG
18-3-18 Contec DG 93% - 40 lb The Andersons BG 59.10$ Fertilizers:Contec DG
Contec DG Generation 3 18-9-18 Fertilizer - 40 lb The Andersons BG 57.60$ Fertilizers:Contec DG
Tee Time 18-6-15 Fertilizer with 2% Fe, Micros, 65% MUtech, SGN100 - 50 lb The Andersons BG 54.78$ Fertilizers:Greens Grade:Granular
Contec DG 19-0-15 Fertilizer - 40 lb The Andersons BG 58.30$ Fertilizers:Contec DG
Tee Time 22-0-22 Fertilizer with 1% Fe, Micros, 65% MUtech, SGN100 - 50 lb The Andersons BG 55.82$ Fertilizers:Greens Grade:Granular
Tee Time 25-5-15 Fertilizer with 1% Fe, Micros, 50% MUtech, SGN125 - 50 lb The Andersons BG 52.39$ Fertilizers:Greens Grade:Granular
Contec DG Generation 3 6-0-12 Fertilizer - 40 lb The Andersons BG 53.50$ Fertilizers:Contec DG
Contec DG 7-14-14 Fertilizer - 40 lb The Andersons BG 50.10$ Fertilizers:Contec DG
A-TEP Hi Mag Trace Element Package, SGN125 - 50 lb The Andersons BG 81.23$ Fertilizers:Micronutrients
Tee Time 8-0-16 Ultradwarf Special Fertilizer with 100% AS, 2% Fe, 5% Mn, 3% Mg, SGN100 - 50 lb The Andersons BG 52.39$ Fertilizers:Greens Grade:Granular
Biomend DG 9-4-9 Fertilizer with 4.26% Ca, 6% Humic Acid, 50% MUtech, SGN75 - 40 lb The Andersons BG 46.46$ Fertilizers:Contec DG
Contec DG 0-0-13 Kal-tec Fertilizer - 40 lb The Andersons BG 40.10$ Fertilizers:Contec DG
Contec DG 0-0-25 Fertilizer - 40 lb The Andersons BG 54.40$ Fertilizers:Contec DG
Tee Time 0-0-28 Fertilizer with 3% Fe, 5% Mg, Micros, SGN100 - 50 lb The Andersons BG 55.22$ Fertilizers:Greens Grade:Granular
Humic DG Greens, SGN75 - 40 lb The Andersons BG 59.70$ Fertilizers:Contec DG
Goosegrass/Crabgrass Control, SGN80 - 28.8 lb The Andersons BG 131.40$ Herbicides:Pre Emergent:Granular
Crabgrass Preventer with 2.5% Balan Herbicide (Dispersible Granules), SGN150 - 40 lb The Andersons BG 29.16$ Herbicides:Pre Emergent:Granular
Weed & Grass Preventer with 5% Treflan Herbicide (Dispersible Granules) - 40 lb The Andersons BG 33.38$ Herbicides:Pre Emergent:Granular
Crabgrass Preventer with 2% Team Herbicide (Dispersible Granules), SGN150 - 40 lb The Andersons BG 24.87$ Herbicides:Pre Emergent:Granular
15-0-15 Fertilizer with 0.067% Acelepryn Insecticide, SGN150 - 50 lb The Andersons BG 50.84$ Fertilizers:Insecticide:Granular
Insecticide III with DG Pro, SGN 100 - 28.1 lb The Andersons BG 49.74$ Insecticides:Granular
Turf Fertilizer 21-0-7 with 0.225% Allectus Insecticide, 40% NS-54, SGN215 - 50 lb The Andersons BG 36.77$ Fertilizers:Insecticide:Granular
22-0-7 Fertilizer with 0.067% Acelepryn Insecticide, 50% NS-54 , SGN215 - 50 lb The Andersons BG 54.50$ Fertilizers:Combination:Granular
Nursery Choice 12-6-6 Fertilizer with 100% MUtech, Micros, SGN215 - 50 lb The Andersons BG 31.81$ Fertilizers:Time Release
Turf Fertilizer 22-0-10 with 1% Ronstar Herbicide, 100% NS-54, SGN240 150 - 50 lb The Andersons BG 64.41$ Fertilizers:Combination:Granular
Turf Fertilizer 5-0-15 with 1% Ronstar Herbicide, SGN150 - 50 lb The Andersons BG 48.76$ Fertilizers:Combination:Granular
Turf Fertilizer 22-0-6 with 0.75% ProPendi Herbicide, 40% NS-54, SGN215 - 50 lb The Andersons BG 33.31$ Fertilizers:Combination:Granular
Turf Fertilizer 11-3-11 with 0.86% ProPendi Herbicide, 40% Poly-S, SGN150 - 50 lb The Andersons BG 30.70$ Fertilizers:Combination:Granular
Turf Fertilizer 15-5-10 with 1% Ronstar Herbicide, 40% NS-54, SGN215 - 50 lb The Andersons BG 56.58$ Fertilizers:Combination:Granular
Turf Fertilizer 5-5-20 with 1% Ronstar Herbicide, SGN215 - 50 lb The Andersons BG 49.15$ Fertilizers:Combination:Granular
Turf Fertilizer 0-0-20 with 0.164% Dithiopyr Herbicide, SGN100 - 50 lb The Andersons BG 83.20$ Fertilizers:Combination:Granular
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Turf Fertilizer 13-3-7 with 0.86% ProPendi Herbicide, 40% NS-54, SGN215 - 50 lb The Andersons BG 26.40$ Fertilizers:Combination:Granular
Turf Fertilizer 15-0-8 with 0.869% Millennium Ultra Herbicide, SGN150 - 40 lb The Andersons BG 27.44$ Fertilizers:Combination:Granular
Turf Fertilizer 16-0-8 with Escalade Herbicide, SGN150 - 40 lb The Andersons BG 27.57$ Fertilizers:Combination:Granular
Turf Fertilizer 21-3-8 with 0.426% Barricade Herbicide, 25% NS-54, SGN215 - 50 lb The Andersons BG 33.31$ Fertilizers:Combination:Granular
Turf Fertilizer 5-5-25 with 0.426% Barricade Herbicide, SGN215 - 50 lb The Andersons BG 25.10$ Fertilizers:Combination
Turf Fertilizer 0-0-7 with 0.426% Barricade Herbicide, SGN215 - 50 lb The Andersons BG 19.23$ Fertilizers:Combination
0.48% Barricade on DG Pro, SGN150 - 50 lb The Andersons BG 46.06$ Fertilizers:General Turf:Liquid
Turf Fertilizer 5-5-30 with 0.48% Barricade Herbicide, SGN150 - 50 lb The Andersons BG 40.68$ Fertilizers:Combination:Granular
Foltec Cytozorb-S 4-0-1 Fertilizer with 2% Fe, Micros - 2.5 gal The Andersons EA 111.39$ Fertilizers:General Turf:Liquid
Foltec Chlorofast-S 6-0-0 - 2.5 gal The Andersons EA 248.44$ Fertilizers:General Turf:Liquid
Foltec SG 16-0-16 Fertilizer - 13.6 lb The Andersons EA 76.00$ Fertilizers:General Turf:Miscellaneous
Foltec SG 24-0-8 Fertilizer - 13.6 lb The Andersons EA 76.00$ Fertilizers:General Turf:Miscellaneous
Foltec SG 8-0-24 Fertilizer - 13.6 lb The Andersons EA 76.00$ Fertilizers:General Turf:Miscellaneous
Foltec SG Minors - 2.25 lb The Andersons EA 22.80$ Fertilizers:General Turf:Miscellaneous
Foltec SG 8-24-8 Fertilizer - 13.6 lb The Andersons EA 76.00$ Fertilizers:General Turf:Miscellaneous
Golden Eagle Fungicide on DG Pro - 44 lb The Andersons BG 93.33$ Fungicides and Algaecides:Granular
Slicky Sticky Tackifier - 15 lb Turfmaker EA 108.78$ Professional Turf:Erosion Control
Acephate 97Up - 10 lb Upl Na Inc.EA 78.95$ Insecticides:Miscellaneous
Surflan AS Herbicide - 2.5 gal Upl Na Inc.EA 159.23$ Herbicides:Pre Emergent:Liquid
Surflan XL 2G Herbicide - 50 lb Upl Na Inc.BG 71.43$ Herbicides:Pre Emergent:Granular
Evergreen Crop Protection EC 60-6 - 1 gal Valent, Usa Corporation EA 421.51$ Insecticides:Liquid
SPRAYER UNI AG PART PK/111 Valley Industries DI 1,066.16$ Applicators:Direct Ship
Laser Poa Trivialis Treated - 50 lb Vista Seed Partners BG 180.37$ Grass Seed:Poa Trivialis
Vista Pro Edge - 50 lb Vista Seed Partners BG 59.28$ Grass Seed:Perennial Ryegrass
Amity Turf Type Tall Fescue - 50 lb Vista Seed Partners BG 79.29$ Grass Seed:Turf Type Fescue
GameOn specialty herbicide, a cutting-edge formulation, delivers exceptional broad-spectrum postemergence broadleaf
weed control. GameOn includes a new active ingredient Arylex active, as well as 2,4-D choline and fluroxypyr.
CORTEVA AGRISCIENCE LLC EA 132.50$ Herbicides:Post Emergent:Selective Liquid
Specially designed for native and naturalized areas, NativeKlean herbicide provides a low-maintenance solution for
consistent control of broadleaf weeds.
CORTEVA AGRISCIENCE LLC EA 109.95$ Herbicides:Post Emergent:Selective Liquid
XXpire insecticide combines two active ingredients to control more than 39 insects, including seven of the top 10 chewing
and sap-feeding insects. Two different modes of action reduce the likelihood of insecticide resistance, making XXpire an
effective option in your Integrated Pest Management program.
CORTEVA AGRISCIENCE LLC EA 253.00$ Insecticides:Water Soluble
Crew specialty herbicide combines the power and proven safety of Dimension and Gallery specialty herbicides to offer a 2-in-
1 solution for turfgrasses and landscape beds. Crew is safe to use on warm- and cool-season turfgrasses and over the top of
more than 410 ornamentals.
CORTEVA AGRISCIENCE LLC BG 99.00$ Herbicide:Pre Emergent:Granular
Combines the power and proven safety of Dimension and Gallery specialty herbicides to offer a 2-in-1 solution for
turfgrasses and landscape beds. Crew is safe to use on warm and cool season turfgrasses and over the top of more than 410
ornamentals.
CORTEVA AGRISCIENCE LLC EA 29.00$ Herbicide:Pre Emergent:Granular
AI: 11.6% Spinosad. Conserve SC specialty insecticide is an excellent choice for nursery and greenhouse operators, as well
as arborists, lawn care operators and golf course superintendents. Spinosad is derived from the fermentation of a naturally
occurring organism, uniquely combining the efficacy of synthetic insecticides with the benefits of biological insect pest
control products.
CORTEVA AGRISCIENCE LLC EA 154.37$ Insecticides:Liquid
Gallery 75DF is the only selective pre-emergence herbicide that prevents the growth of broadleaf weeds for up to eight
months. Gallery is labeled for use on all established cool and warm-season turfgrasses. It can be used on 440 field-grown
and 230 container-grown ornamentals, ground covers, nursery stock, non-bearing fruit and nut crops, non-bearing vineyards
and non-cropland areas. The active ingredient in Gallery is 75.0% Isoxaben.
CORTEVA AGRISCIENCE LLC EA 128.50$ Herbicides:Pre Emergent:Miscellaneous
Monaco elite bermudagrass is Yellow Jacket enhanced for fast 'SuperCharged' germination, early establishment, and ease of
handling when seeded.
BARENBRUG USA-MKTNG DIVIS BG 136.11$ Lawn Seed:Turf Type Bermuda
Monaco elite bermudagrass is Yellow Jacket enhanced for fast 'SuperCharged' germination, early establishment, and ease of
handling when seeded.
BARENBRUG USA-MKTNG DIVIS BG 33.79$ Lawn Seed:Turf Type Bermuda
Monaco elite bermudagrass is Yellow Jacket enhanced for fast 'SuperCharged' germination, early establishment, and ease of
handling when seeded.
BARENBRUG USA-MKTNG DIVIS BG 379.50$ Lawn Seed:Turf Type Bermuda
Turf Saver RTF is the most advanced tall fescue blend on the market, featuring a unique combination of high quality turf -
type tall fescues, RTF, Rhizomatous Tall Fescue, and Yellow Jacket, Barenbrugs super absorbent proprietary seed coating.
RTF provides Turf Saver the added benefit of repairing damaged or worn turf with the added value of improved uniformity
and density.
BARENBRUG USA-MKTNG DIVIS EA 22.14$ Lawn Seed:Turf Type Fescue
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
Turf Saver RTF is the most advanced tall fescue blend on the market, featuring a unique combination of high quality turf -
type tall fescues, RTF, Rhizomatous Tall Fescue, and Yellow Jacket, Barenbrugs super absorbent proprietary seed coating.
RTF provides Turf Saver the added benefit of repairing damaged or worn turf with the added value of improved uniformity
and density.
BARENBRUG USA-MKTNG DIVIS BG 57.39$ Lawn Seed:Turf Type Fescue
Turf Saver RTF is the most advanced tall fescue blend on the market, featuring a unique combination of high quality turf -
type tall fescues, RTF, Rhizomatous Tall Fescue, and Yellow Jacket, Barenbrugs super absorbent proprietary seed coating.
RTF provides Turf Saver the added benefit of repairing damaged or worn turf with the added value of improved uniformity
and density.
BARENBRUG USA-MKTNG DIVIS BG 110.57$ Lawn Seed:Turf Type Fescue
BARENBRUG USA-MKTNG DIVIS BG 47.44$ Lawn Seed:Miscellaneous
BARENBRUG USA-MKTNG DIVIS BG 116.27$ Lawn Seed:Miscellaneous
Water Saver with RTF is a special blend of Turf Type Tall Fescues selected for superb color, texture, disease resistance and
mobility. Its deep rooting system enables Water Saver to tolerate drought and heat exceptionally well. Your Water Saver
lawn will grow beautifully in sun or shade allowing you to mow close and decrease your lawn maintenance. Best of all,
you'll use substantially less water to maintain the richness of your Water Saver lawn.
BARENBRUG USA-MKTNG DIVIS EA 5.24$ Lawn Seed:Turf Type Fescue
Water Saver with RTF is a special blend of Turf Type Tall Fescues selected for superb color, texture, disease resistance and
mobility. Its deep rooting system enables Water Saver to tolerate drought and heat exceptionally well. Your Water Saver
lawn will grow beautifully in sun or shade allowing you to mow close and decrease your lawn maintenance. Best of all,
you'll use substantially less water to maintain the richness of your Water Saver lawn.
BARENBRUG USA-MKTNG DIVIS BG 95.87$ Lawn Seed:Turf Type Fescue
BARENBRUG USA-MKTNG DIVIS BG 18.64$ Lawn Seed:Turf Type Fescue
BARENBRUG USA-MKTNG DIVIS BG 44.27$ Lawn Seed:Turf Type Fescue
The only regenerating perennial rye with determinate stolons, developed for traffic tolerance and recovery. Ideal for sports
areas where perennial rye is the turf of choice.
BARENBRUG USA-MKTNG DIVIS BG 101.43$ Lawn Seed:Perennial Ryegrass
BARENBRUG USA-MKTNG DIVIS BG 35.44$ Lawn Seed:Turf Type Fescue
BARENBRUG USA-MKTNG DIVIS BG 86.27$ Lawn Seed:Turf Type Fescue
BARENBRUG USA-MKTNG DIVIS BG 169.87$ Lawn Seed:Turf Type Fescue
27.55% Annual Ryegrass, 14.25% Perennial Ryegrass, 5.15% Bermuda unhulled, 1.35% other crop and 50% coated. No nox
weeds.
BARENBRUG USA-MKTNG DIVIS BG 72.14$ Lawn Seed:Turf Type Fescue
90% SOS Panterra Rye, 10% unhulled Bermuda. No noxious weed.BARENBRUG USA-MKTNG DIVIS BG 77.86$ Lawn Seed:Turf Type Fescue
Esplanade 200 SC offers broad-spectrum weed control for large hardscapes, roadways and railroad sites. Just one pre-
emergent application offers season-long control of more than 75 weed species. AI: Indaziflam 19.05%.
RED RIVER SPECIALTIES EA 348.80$ Herbicides:Post Emergent:Selective Liquid
Viewpoint herbicide delivers the broadest brush control spectrum of any single product on the market. This translates to less
batching, storage, container disposal and retreats, so vegetation managers can achieve increased productivity and cost
savings.
RED RIVER SPECIALTIES BG 369.13$ Herbicides:Post Emergent:Selective Miscellaneous
Method herbicide gives vegetation managers the ultimate control and flexibility to manage vegetation in roadway, railway,
bareground or utility corridor settings. Use Method in combination with Esplanade for the ultimate bareground solution.
RED RIVER SPECIALTIES EA 823.95$ Herbicides:Post Emergent:Non selective Miscellaneous
Method herbicide gives vegetation managers the ultimate control and flexibility to manage vegetation in roadway, railway,
bareground or utility corridor settings. Use Method in combination with Esplanade for the ultimate bareground solution.
RED RIVER SPECIALTIES EA 91.53$ Herbicides:Post Emergent:Non selective Miscellaneous
Preemergent Herbicide fot the Control of Annual Grasses and Broadleaf Weeds in Non-Residental Non-Crop Areas,
Railroad and Rail Yards, Managed Roadsides, Fence Rows, Utilities, Hardscapes, Industrial, Municipal, and Government
Sites.
RED RIVER SPECIALTIES EA 3,168.00$ Herbicides:Post Emergent:Non selective Liquid
A selective aquatic herbicide that controls water Milfoil, Bladderwort, Coontail and others. Water use for drinking and
irrigation is restricted after application.
SEPRO CORPORATION BG 280.29$ Pond Management:Weed and Algae Control
For control of bacterial and fungal diseases of foliage, flowers and stems on ornamentals in greenhouses, shadehouses,
outdoor nurseries, and outdoor landscape plantings. For ornamental crops in dormancy, apply as a thorough cover spray at
rates ranging from 1.5 to 5 lbs per acre. When new growth is present, apply as a thorough cover spray at rates ranging from
1.5 to 2 lbs per acre. Begin application at first sign of disease and repeat at 7 to 14 day intervals. For ball moss/lichen control-
use 9-12# in 100 gallons with non-ionic surfactant. Use 1.5 gallons of spray per foot of tree height. Thoroughly wet the
moss. Use caution around metal roofs, lawn furniture, and vehicles.
SEPRO CORPORATION EA 37.60$ Fungicide and Algaecide:WP
For edging and banding applications to control growth and reduce trimming requirements of perennial, warm, and cool
season turfgrass species. Do not apply to turf used for livestock production. Applications should be made to turfgrass
actively growing. Turf growth regulator application rate: 20-80 oz/A Active Ingredients: Flurprimidol...13.26%, Trinexapac-
ethyl...5.0% EPA Reg. No.:67690-46
SEPRO CORPORATION EA 96.21$ Professional Turf:Plant Growth Regulators
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
AI: 0.33% flurprimidol. Cutless is a foliar applied and root absorbed turf growth regulator that reduces internode elongation
of a broad range of both monocotyledonous and dicotyledonous plants. It has demonstrated desirable growth regulation of
plants requiring routine mowing, pruning or edging as well as those subject to lodging, without phytotoxic effects.
SEPRO CORPORATION BG 287.58$ Professional Turf:Plant Growth Regulators
Improves water clarity and reduces phosphorus levels. Controls algae along shorelines, docks, beaches, boat launches, and
fishing areas. Easy to apply as granules or dissolve in application tank and surface spray. No drinking, swimming, irrigation
or fishing restrictions.
SEPRO CORPORATION BG 112.78$ Herbicides:Aquatic
SeClear is for use in aquatic sites including: ponds, lakes, reservoirs, rivers, streams, irrigation and drainage canals, laterals,
and ditches; including potable water sources. Intended for commercial use only. SeClear Algaecide is effective in controlling
a broad range of green and blue-green (cyanobacteria) algae, including filamentous, planktonic and macrophytic. SeClear
Algaecide can improve water quality by: decreasing phosphorus concentrations from the water column through binding and
precipitation of dissolved phosphorus; and aiding in the binding and precipitation of suspended solids, thereby reducing
turbidity and unwanted coloration.
SEPRO CORPORATION EA 41.88$ Herbicides:Aquatic
Cutless Shrub and Tree Sculptor (Cutless STS) is the strongest granular growth regulator available, giving it the ability to
regulate those tough-to-manage large shrubs/hedges and small trees. Trimming large plants are the most expensive and
dangerous. Cutless STS reduces the need to trim up to 70% for an entire year (or more) with one application.
SEPRO CORPORATION EA 174.84$ Professional Turf:Plant Growth Regulators
Cutless QuickStop is a foliar landscape plant growth regulator that reduces trimming requirements 30-70% and improves
aesthetic appeal of landscapes. Additionally, treated plants will demonstrate darker green foliage. Cutless QuickStop saves
labor and beautifies landscapes.
SEPRO CORPORATION EA 201.70$ Professional Turf:Plant Growth Regulators
Junction is a unique combination of two chemistries combined to create a broad-spectrum fungicide/bactericide. Junction, a
high-quality WSP formulation proving a convenient solution to disease control in a wide array of greenhouse nursery crops,
sod farms, golf courses and for professional application to industrial and municipal turf. Not for home owner use.
SEPRO CORPORATION EA 125.12$ Fungicide and Algaecide:WP
Junction DF is a new, highly-soluble formulation for ornamental and turf use. It provides broad-spectrum control of many
foliar diseases.
SEPRO CORPORATION EA 111.54$ Fungicide and Algaecide:WDG
Clearcast effectively controls floating, emergent and shoreline weed species, including Cattails and Phragmites, while
allowing desirable plants to colonize. Control the entire plant, including the root system. Clearcast carries minimal irrigation
restrictions allowing Clearcast to be applied in a large variety of aquatic environments, including golf course ponds. AI:
Ammonium salt of imazamox 2...12.1%
SEPRO CORPORATION EA 112.49$ Herbicides:Aquatic
AI: 3.79% Fluridone. SePRO Sonar RTU Auatic Weed Herbicide is a specially formulated aquatic herbicide that s designed
to help control troublesome weeds in ponds. This Ready-To-Use liquid formula contains Fluridone which is very effective in
controlling unwanted aquatic vegetation including duckweeds. It s very easy to use, simply pour it directly into the water
from the shoreline without the need for boat or spray equipment and it also doesn t require any mixing. There are NO
fishing, swimming, livestock and pet consumption restrictions for Sonar RTU.
SEPRO CORPORATION EA 110.61$ Herbicides:Aquatic
Delivers Sonar's active ingredient on a fast-releasing, easy to use pellet, allowing more accurate placement and targereted
contact with undesired plants. Rapid pellet expansion allows the product to remain buoyant on sandy or firm bottoms,
avoiding complications from organic tie-up.
SEPRO CORPORATION EA 422.11$ Herbicides:Aquatic
Captain XTR Aquatic Algaecide is the best available technology for the control of all types of algae. Captain XTR is
optimized to increase the penetration of copper (INFUSION) into algae cells and enhance efficacy. This formulation feature
is especially impactful when targeting tough to control mat forming, colonial and mucilaginous species.
SEPRO CORPORATION EA 104.63$ Herbicides:Algaecides
Ideal for control of submersed, emersed, and floating plants in and around ponds, lakes, reservoirs, non-irrigation canals,
ditches, marshes and wetlands. Renovate provides rapid, systemic control of susceptible plants.
SEPRO CORPORATION EA 58.21$ Herbicides:Aquatic
Active ingredient Fluridone: 5.0% is selective systemic aquatic management of aquatic vegetation in fresh water ponds,
lakes, reservoirs, drainage canlas, irrigation canals, and rivers. Absorbed from water by plant shoots and from hydrosoil by
the roots of aquatic vascular plants. Symptoms of SonarOne appear in 7-10 days and appear as white (chlorotic)or pink
growing points.
SEPRO CORPORATION EA 687.80$ Herbicides:Aquatic
AI: 0.33% flurprimidol. Cutless is a foliar applied and root absorbed turf growth regulator that reduces internode elongation
of a broad range of both monocotyledonous and dicotyledonous plants. It has demonstrated desirable growth regulation of
plants requiring routine mowing, pruning or edging as well as those subject to lodging, without phytotoxic effects.
SEPRO CORPORATION EA 174.86$ Professional Turf:Plant Growth Regulators
AI: 8.0% copper as elemental. K-Tea algaecide is the best choice for eliminating standing or slow-moving water of unsightly
and troublesome planktonic and filamentous algae. K-Tea offers minimum restrictions for its use on a broad spectrum of
algae.
SEPRO CORPORATION EA 90.32$ Fungicides and Algaecides:Liquid
Active Ingredient is Buprofezin-70.0% It is effective against the nymph stages of whitefly, scales, psylla, mealybugs,
planthoppers, and leafhoppers by inhibiting chitin biosynthesis, suppressing oviposition of adults, and reducing viability of
eggs. Treated susceptible pests may remain alive on the plant for 3-7 days, but feeding damage during this time is typically
very low. Talus 70DF is not disruptive to beneficial insects and mites.
SEPRO CORPORATION EA 349.20$ Insecticides:Water Soluble
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
For organic production. Active ingredient is Copper Octanoate-10.0%. Directions for use on Ornamentals- Camelot O can be
used for controlling deseases on ornamentals grown under field conditions, in nurseries, greenhouses, interior landscapes
and other sites. For control of these deseases on plants grown on a large scale, mix 0.5 to 2.0 gallons in 100 gallons of water,
and apply to 1 acre. For plants grown on a small scale, mix .05 to 2.0 fluid ounces in 1 gallon of water, and spray all plant
surfaces thoroughly. When necessary, repeat sprays every 7 to 10 days. Directions for use on Turf- Camelot O is suitable for
controlling diseases of turf in golf courses, turf farms, home lawns and other sites.
SEPRO CORPORATION EA 121.51$ Fungicide and Algaecide:Liquid
AI: 5.0% tert-butyl. Immediately after an application, Akari 's unique "stop-feeding action" not only stops further damage to
your plants, but also halts the laying of eggs. So you have peace of mind that the mites are not eating further into precious
profits while they die in 4 to 7 days. Provides residual action of 21-28 days. With an EPA reduced-risk classification,
excellent plant safety, a 12 hour REI, and activity gentle to beneficial insects.
SEPRO CORPORATION EA 140.43$ Insecticides:Liquid
AI: 50.0% fenhexamid. Decree fungicide is the new standard for Botrytis. 12-hour REI allows for Botrytis control in
propagation and at retail, while 7-14 day residual control gives growers the best value per application. "Reduced-Risk"
classification means Decree is safe and easy for all employees to apply. Decree can be applied to flowers in bloom and
poinsettias in full color with little detectable residue and no phytotoxicity.
SEPRO CORPORATION EA 294.87$ Fungicide and Algaecide:WDG
AI: 84.4% piperalin. The industry standard for fast, reliable control of powdery mildew for greenhouse ornamentals... Pipron
is a contact fungicide, which provides excellent eradication activity on powdery mildew. A proven product that has been
utilized effectively in the cut rose market for over 20 years, Pipron is fast acting, reliable, and non-phytotoxic to most
species. Pipron boasts a visible mildew kill the same day as it is used, but has no residual activity.
SEPRO CORPORATION EA 472.22$ Fungicide and Algaecide:Liquid
AI: 41.7% fluridone. Sonar A.S. is available for immediate uptake into the target plants. Sonar A.S. provides the most
efficient concentration level and is the ideal choice in waterbodies with minimal water flow and when targeting strands of
emersed vegetation.
SEPRO CORPORATION EA 992.46$ Herbicides:Aquatic
AI: 0.0264 ancymidol. A-Rest is a plant growth regulator which is used on container grown bedding plants, flowers and
foliage plants. A-Rest produces a plant that is more compact by inhibiting gibberellin biosynthesis, which results in shorter
stem length. A-rest helps growers produce high quality plants that are more compact, uniform in height, darker in color,
more able to withstand shipping, require less water... and best of all, plants that are more attractive to the consumer.
SEPRO CORPORATION EA 84.46$ Professional Grower:Plant Growth Regulators
For use in nurseries and ornamental plantings; sodfarms; Christmas trees; and established ornamental turf. AI: Pyraflufen
ethyl 2%. Rapid kill. Results are evident within 24-48 hours of application. Soil half-life of less than one day. Octane can be
tank-mixed with any broadleaf herbicide to boost its performance. Rainfast in only one hour. Cool season turfgrasses
(creeping bentgrass, Kentucky bluegrass, Rough bluegrass, tall fescue, perennial ryegrass.) Warm season turfgrasses
(common and hybrid bermudagrass, centipedegrass, St. Augustinegrass, zoysiagrass.)
SEPRO CORPORATION EA 77.44$ Herbicides:Post Emergent:Selective Liquid
Coastal Herbicide is a comprehensive herbicide with pre and post-emergent control. Safe for use on all 4 major warm
season turf grass varieties controlling crabgrass and Poa annua. An excellent resistance management tool.
PROKOZ, INC EA 363.72$ Herbicides:Post Emergent:Selective Liquid
Vessel is a broad spectrum postemergent broadleaf herbicide containing Trimec developed for use by turf management
professionals. Vessel can be used on cool-season and warm-season turf grasses including, Kentucky bluegrass, perennial
ryegrass, fescue, creeping bentgrass, common bermudagrass, hybrid bermudagrass, bahiagrass, zoysiagrass, and St.
Augustinegrass.
PROKOZ, INC DM 1,484.29$ Herbicides:Post Emergent:Selective Liquid
A highly yielding annual legume that is high in protein, calcium and phosperous which aids in antler development. 20 lbs
per acre.
BARENBRUG USA-MKTNG DIVIS EA 50.44$ Wildlife:Seed
For an establishment of an aggressive, dense Bermudagrass turf where a low growing fine textured appearance is desired.
Excellent for lawns, parks, golf courses (fairways, tees, and roughs), and sports turf. Outstanding overall turf performance.
Excellent drought tolerance. Tolerates low mowing. Early spring green up. Medium fine texture with dark green color.
BARENBRUG USA-MKTNG DIVIS EA 8.50$ Lawn Seed:Turf Type Bermuda
For an establishment of an aggressive, dense Bermudagrass turf where a low growing fine textured appearance is desired.
Excellent for lawns, parks, golf courses (fairways, tees, and roughs), and sports turf. Outstanding overall turf performance.
Excellent drought tolerance. Tolerates low mowing. Early spring green up. Medium fine texture with dark green color.
BARENBRUG USA-MKTNG DIVIS EA 41.78$ Lawn Seed:Turf Type Bermuda
For an establishment of an aggressive, dense Bermudagrass turf where a low growing fine textured appearance is desired.
Excellent for lawns, parks, golf courses (fairways, tees, and roughs), and sports turf. Outstanding overall turf performance.
Excellent drought tolerance. Tolerates low mowing. Early spring green up. Medium fine texture with dark green color.
BARENBRUG USA-MKTNG DIVIS BG 202.15$ Lawn Seed:Turf Type Bermuda
Non GMO. Some of the ingredients have shown to increase Omega-3 fatty acids in eggs. Developed for free range chickens
but can also be used for other backyard game birds, goats and sheep.
BARENBRUG USA-MKTNG DIVIS EA 6.61$ Livestock Supplies:Poultry Supplies
Contains a wide variety of seed species, it wil grow into a smorgasbord of greens for your small animals to forage on. Ideal
for chickens, game birds, goats and sheep. Plant in a plot of soil in your yard, fenced pasture or in trays. 7-14 days for full
germination.
BARENBRUG USA-MKTNG DIVIS EA 6.61$ Livestock Supplies:Poultry Supplies
Product Desciption Manufacturer Name UOM Discount Price Vendor Category
Exhibit 2
File 7910 - Price Sheet for Turf Grass Seeds, Tools and Landscape Supplies
For the control of most kinds of unwanted trees and brush, as well as annual and perennial broadleaf weeds on rangeland,
permanent grass pastures, conservation reserve program (CRP) acres, fence rows, non-irrigation ditchbanks, roadsides, other
non-crop areas and industrial sites. Low Volatile Weed and Brush Herbicide
MFA INCORPORATED EA 125.45$ Herbicides:Forage Herbicide
For the control of most kinds of unwanted trees and brush, as well as annual and perennial broadleaf weeds on rangeland,
permanent grass pastures, conservation reserve program (CRP) acres, fence rows, non-irrigation ditchbanks, roadsides, other
non-crop areas and industrial sites. Low Volatile Weed and Brush
MFA INCORPORATED EA 52.07$ Herbicides:Forage Herbicide
For control of certain grasses and broadleaf weeds in certain agricultural crops and established Bermudagrass turf.MFA INCORPORATED EA 183.33$ Herbicides:Post Emergent:Selective Liquid
Nematode Suppression/Control. Quillaja Extract ?8% Chitosan ?2%. 1-2 pints per acre. See label for mixing instructions.ORGANISAN COPORATION EA 500.00$ Insecticides:Liquid
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH BWI COMPANIES, INC., THROUGH THE BUY BOARD COOPERATIVE
PURCHASING NETWORK CONTRACT # 611-20, FOR THE PURCHASE OF RYEGRASS
SEED, SPECIALTY LANDSCAPE, TURF, AND GROWER SUPPLIES FOR THE PARKS
AND RECREATION, DRAINAGE, AND STREETS DEPARTMENTS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE
(FILE 7910 AWARDED TO BWI COMPANIES, INC., FOR ONE (1) YEAR, WITH THE
OPTION FOR TWO (2) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL
THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $200,000.00).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager, or a designated employee, has reviewed and
recommended that the herein described materials, equipment, supplies, or services can be
purchased by the City through the Buy Board Cooperative Purchasing Network programs at less
cost than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. nd on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
7910 BWI Companies, Inc. $200,000.00
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities, and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
ids awarded by the Buy Board Cooperative Purchasing Network, the City
Manager, or their designated representative, is hereby authorized to execute the written contract
which shall be referenced herein; provided that the written contract is in accordance with the
terms, conditions, specifications, and standards contained in the Proposal submitted to the Buy
Board Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________.This ordinance was passed and approved by
the following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: ________________________________
City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 22-092,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing
the approval of a second amendment to a contract between the City of Denton and Maintaining the Common
Ground,LLC,amending the contract approved by City Council on July 17,2018,in the not-to-exceed amount
of $575,000.00;amended by Amendment 1 approved by Purchasing;said second amendment to provide
mowing and maintenance services for the Parks and Recreation Department;providing for the expenditure of
funds therefor;and providing an effective date (File 6627 -providing for an additional second amendment
expenditure amount not-to-exceed $56,135.00, with the total contract amount not-to-exceed $680,135.00).
City of Denton Printed on 1/7/2022Page 1 of 1
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City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement & Compliance
ACM: David Gaines
DATE: January 11, 2022
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of a second amendment to a contract between the City of Denton and Maintaining
the Common Ground, LLC, amending the contract approved by City Council on July 17, 2018, in the not-
to-exceed amount of $575,000.00; amended by Amendment 1 approved by Purchasing; said second
amendment to provide mowing and maintenance services for the Parks and Recreation Department;
providing for the expenditure of funds therefor; and providing an effective date (File 6627 – providing for
an additional second amendment expenditure amount not-to-exceed $56,135.00, with the total contract
amount not-to-exceed $680,135.00).
INFORMATION/BACKGROUND
The proposed amendment will add additional funds necessary to pay the remaining invoices due for services
through the term of the contract ending January 15, 2022. Maintaining the Common Ground (MET) was
not awarded any portions of the new contract, so this one-time request will be considered final payments
for their services. The work performed by MET Lawn Care has been critical to maintaining the aesthetics
of City property and in keeping the City compliant with Community Improvement standards.
On August 5, 2021, an amendment was executed to add an additional $49,000 to the contract for mowing
and maintenance services. Then on July 14, 2021, the contract was extended for six months to coincide with
the start of the new City-wide mowing contract (RFP 7788), expected to begin at that time.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On July 17, 2018, City Council approved a contract with Maintaining the Common Ground, LLC, in the
not-to-exceed amount of $575,000 (Ordinance 18-1066).
RECOMMENDATION
Award Amendment No. 2 with Maintaining the Common Ground, LLC, to provide mowing and
maintenance services for the Parks and Recreation Department, in a not-to-exceed amount of $56,135, for
a total amended contract amount of $680,135.
PRINCIPAL PLACE OF BUSINESS
Maintaining the Common Ground, LLC
Denton, TX
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
ESTIMATED SCHEDULE OF PROJECT
This contract will expire on January 16, 2022.
FISCAL INFORMATION
These services will be funded from Parks and Recreation Operating Funds.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Ordinance and Contract
Exhibit 3: Amendment 1
Exhibit 4: LLC Members
Exhibit 5: Ordinance and Amendment 2
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Marshall McGee, 940-349-8430.
Legal point of contact: Marcella Lunn at 940-349-8333.
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WHEREAS, the City has solicited, received, and evaluated competitive sealed proposals for
mowing services and maintenance for various Park lacations, Fire Stations, DME Substations, Water
Reclamation, Facilities Management, Beneficial Reuse, and Airport in accordance with the
procedures of State law and City ordinances; and
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cansidering the relative impartance of price and the other evaluation factors included in the request
far proposals.
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6627 15-40, 192, 193
6627 44-46, 197-210
6627 9-14, 70-93
Greener Pastures Landscape, LLC
Maintaining the Common Ground, LLC
Weldon's Lawn and Tree, LLC
Rene Saldivar
dba Firehouse22 Lawn/Landscape
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SECTION 2. By the acceptance and approval ofthe above numbered items afthe submitted
proposals, the City accepts the offer of the persons submitting the propasals for such items, and
agrees to purchase the materials, equipment, supplies ar services in accordance with the terms,
specifications, standards, quantities, and far the specified sums contained in the Propasal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and ofthe
submitted propasals wish to enter into a formal written agreement as a result af the acceptance,
appraval, and awarding ofthe propasals, the City Manager or his designated representative is hereby
authorized to execute the written cantract; provided that the written contract is in accordance with
the terms, conditions, specificatians, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted. This will be 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.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
autharity to take any actions that may be required or permitted to be perfarmed by the City of Denton
under RFP 6627 to the City Manager af the City of Denton, Texas, or his designee.
SECTIONmmS. By the acceptance and approval of the above enumerated proposals, the City
Cauncil hereby autharizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION ,6. This ordinance shall become effective immediately upon its passage and
approval.
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following vote [ J - ;
i a Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2: _ 'r _
Don Duff, District 3: °`
John Ryan, District 4: ''
Deb Armintor, At Large Place 5: t'
Paul Meltzer, At Large Place 6: v
PASSED AND APPROVED this the da of "' ' „ 2018. Y ... ......... ......................................A.
MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .. . . ..:. ', r' , ' *.
APPROVED AS TO LEGAL FORM;
AARON LEAL, CITY ATTORNEY
BY: C /17'.
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
PUB Target Date
City Council Target Date
Contract Value
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
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Contract # 6627
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND MAINTAINING THE COMMON GROUND, LLC
(CONTRACT 6627)
THIS CONTRACT is made and entered into this date ______________________, by
and between Maintaining the Common Ground, LLC, whose address is P.O. Box 1152, hereinafter
referred to as "Contractor," 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 and/or services in accordance with the City’s document
RFP 6627-Mowing & Maintenance Services, 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 and incorporated herein by reference:
(a) Special Terms and Conditions (Exhibit “A”);
(b) City of Denton’s RFP 6627 (Exhibit “B” on File at the Office of the Purchasing Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit “C”);
(d) Insurance Requirements (Exhibit “D”);
(e) Certificate of Interested Parties Electronic Filing (Exhibit "E");
(f) Contractor’s Proposal (Exhibit "F");
(g) House Bill 89 Verification (Exhibit “G”)
(h) Senate Bill 252 Certification (Exhibit “H”)
(i) Form CIQ – Conflict of Interest Questionnaire (Exhibit "I");
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.”
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Contract # 6627
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
CONTRACTOR
BY: ______________________________
AUTHORIZED SIGNATURE
Date: _______________________________
Name: ______________________________
Title: _______________________________
___________________________________
PHONE NUMBER
___________________________________
EMAIL ADDRESS
2018-367963
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY BY:
TODD HILEMAN
CITY MANAGER
BY: __________________________________ Date:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Contract # 6627
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The contract total for services shall not exceed $575,000. Pricing shall be per Exhibit F attached.
2. Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional two (2) one-year periods.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the
contract may be further extended as needed, not to exceed a total of six (6) months.
3. Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment annually. The escalation/de-
escalation will be based upon manufacturer published pricing sheets to the vendor. The price will
be increased or decreased based upon the annually percentage change in the manufacturer’s price
list. The price adjustment will be determined annually from the award date. Should the change
exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall
be adjusted in accordance with the published price change. It is the supplier or the Cities
responsibility to request a price adjustment annually in writing. If no request is made, then it will
be assumed that the bid price will be in effect. The supplier must submit or make available the
manufacturers pricing sheet used to calculate the bid proposal, to participate in the
escalation/de-escalation clause.
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Contract # 6627
Exhibit C
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.
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Contract # 6627
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.
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Contract # 6627
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.
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Contract # 6627
13. PAMENT:
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
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated.
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Contract # 6627
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
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
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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.
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
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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
standard as required by the City, then in addition to any other available remedy, the City may
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reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City’s evaluation of and determination to
accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non-conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party’s intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor’s default, including, without
limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post-
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written
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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
insured shown on any policy. It is intended that policies required in the Contract, covering
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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 effect on the
Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof; and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
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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
interests throughout the world in and to the deliverables.
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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,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
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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
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
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to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year’s Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year’s Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
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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
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
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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 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
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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
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Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS’ COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
x Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
x Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
x Liability policies shall be endorsed to provide the following:
Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
x Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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x Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
x Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
x Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
x Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
x Coverage B shall include personal injury.
x Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
x Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
x Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
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[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
x any auto, or
x all owned hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Workers’ Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an “occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
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[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be
provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger’s Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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ATTACHMENT 1
[X] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
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project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
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b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Contract # 6627
Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
RFP 6627 - Pricing Sheet for Mowing & Maintenance Services
Respondent's Business Name:M.E.T. Lawn Care
Principal Place of Business (City and State)Denton, TX
Item #Classification Cycles Acreage Product Description Unit Price
15 B 20 15.7 AVONDALE PARK $500.00
16 B 20 11.46 BOWLING GREEN PARK $200.00
17 B 20 5.84 CARL YOUNG PARK $200.00
18 B 20 0.69 CROSS TIMBERS PARK/MONTECITO POND $55.00
19 B 20 4.16 CROSS TIMBERS PARK-NORTH $200.00
20 B 20 14.76 CROSS TIMBERS PARK-SOUTH $460.00
21 B 20 9.42 DENIA PARK 2 $285.00
22 B 20 2.7 ERNEST DALLAS PARK $175.00
23 B 20 4.1 EVERS PARK (BOY SCOUT)$175.00
24 B 20 4.07 FRED MOORE PARK (South of Creek)$300.00
25 B 20 8.81 LAKE FOREST PARK $590.00
26 B 20 5.07 MACK PARK-NORTH $200.00
27 B 20 4.66 MACK PARK-SOUTH $200.00
28 B 20 14.58 McKENNA PARK $500.00
29 B 20 1.69 MILAM PARK $100.00
30 B 20 7.37 NETTIE SCHULTZ PARK $255.00
31 B 20 1.11 NORTH LAKES-ANNEX $70.00
32 B 20 4.57 NORTH LAKES-DISC GOLF $250.00
33 B 20 1.11 NORTH LAKES-SOCCER ENTRANCE $140.00
34 B 20 6.12 NORTH LAKES RUGBY $140.00
35 B 20 11.92 NORTH LAKES-PLAYGROUND AREA $440.00
36 B 20 3.68 NORTH POINTE PARK 1 $175.00
37 B 20 0.28 OWSLEY PARK $70.00
38 B 20 5.3 SEQUOIA PARK $155.00
39 A 32 8.39 WHEELER RIDGE PARK $400.00
40 B 20 0.32 CARTER PARK $70.00
192 B 20 41.70 South Lakes Park 1 $1,470.00
193 A 32 22.37 South Lakes Park 2 $775.00
K. SOUTH LAKES PARK
C. PARKS & RECREATION - PARKS (CLASS B)
Exhibit F
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
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. “Boycott Israel” means refusing to deal with, terminating business activities
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. “Company” means a for-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: CB15123D-246F-4587-95FB-97D0161A5538
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
Organization, I will immediately notify the City of Denton’s Materials
Management Department.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: CB15123D-246F-4587-95FB-97D0161A5538
Certificate Of Completion
Envelope Id: CB15123D246F458795FB97D0161A5538 Status: Completed
Subject: Please DocuSign: City Council Contract 6627-Maintaining the Common Ground LLC
Source Envelope:
Document Pages: 35 Signatures: 7 Envelope Originator:
Certificate Pages: 6 Initials: 0 Jody Word
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
901B Texas Street
Denton, TX 76209
jody.word@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
7/10/2018 8:46:46 AM
Holder: Jody Word
jody.word@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Jody Word
jody.word@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 7/10/2018 8:49:23 AM
Viewed: 7/10/2018 8:49:51 AM
Signed: 7/10/2018 8:51:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Aaron Campbell
aaron@metlawncare.com
Owner
Aaron Campbell
Security Level: Email, Account Authentication
(None)
Using IP Address: 47.184.124.86
Sent: 7/10/2018 8:51:38 AM
Viewed: 7/10/2018 9:09:20 AM
Signed: 7/10/2018 9:10:22 AM
Electronic Record and Signature Disclosure:
Accepted: 7/10/2018 9:09:20 AM
ID: 10930897-5bf8-4136-ac8a-c1393d745d8a
Larry Collister
larry.collister@cityofdenton.com
First Assistant City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Using IP Address: 129.120.6.150
Sent: 7/10/2018 9:10:26 AM
Viewed: 7/10/2018 12:02:07 PM
Signed: 7/10/2018 12:02:15 PM
Electronic Record and Signature Disclosure:
Accepted: 9/26/2017 12:27:28 PM
ID: 01f5f868-f109-4e29-ad49-21db9046c882
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 7/10/2018 12:02:19 PM
Viewed: 7/18/2018 2:35:43 PM
Signed: 7/18/2018 2:36:05 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Using IP Address: 129.120.6.150
Sent: 7/18/2018 2:36:12 PM
Viewed: 7/18/2018 3:17:42 PM
Signed: 7/18/2018 3:17:51 PM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Using IP Address: 129.120.6.150
Sent: 7/18/2018 3:17:55 PM
Viewed: 7/19/2018 7:54:27 AM
Signed: 7/19/2018 7:54:39 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Ierson Signer Events Signature Timestamp
Editor DeliverI Events Status Timestamp
Igent DeliverI Events Status Timestamp
IntermediarI DeliverI Events Status Timestamp
Certified DeliverI Events Status Timestamp
CarIon CopI Events Status Timestamp
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/10/2018 9:10:25 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/18/2018 2:36:10 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/19/2018 7:54:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
CarIon CopI Events Status Timestamp
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/19/2018 7:54:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Russell Koch
Russell.Koch@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 7/19/2018 7:54:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
IotarI Events Signature Timestamp
Envelope SummarI Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/19/2018 7:54:45 AM
Certified Delivered Security Checked 7/19/2018 7:54:45 AM
Signing Complete Security Checked 7/19/2018 7:54:45 AM
Completed Security Checked 7/19/2018 7:54:45 AM
IaIment Events Status Timestamps
Electronic Record and Signature Disclosure
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%#! !# %&# $ !$&##%!
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1
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND MAINTAINING THE COMMON GROUND, LLC 6627
THIS FIRST AMENDMENT TO CONTRACT 6627 (this “Amendment”) by and
between the City of Denton, Texas (“City”) and Common Ground, LLC (“Contractor”) to
that certain contract executed on July 17, 2018, in the original not-to-exceed amount of
$575,000 (the “Agreement”); for services related to mowing & maintenance services.
WHEREAS, the City deems it necessary to further expand the services provided by
Contractor to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $49,000 with this First Amendment for an aggregate not-to-exceed
amount of $624,000; and
WHEREAS, the City deems it necessary to further expand the goods/services
provided by Contractor to the City; and
WHEREAS, the original not-to-exceed amount may not be increased by more than
25.0% as provided in Texas Local Government Code Sec. 252.048; and
NOW THEREFORE, the City and Contractor (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following First Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. This Amendment modifies the Agreement amount to provide an additional $49,000
for additional services and materials to be provided in accordance with the terms of
the Agreement with a revised aggregate not-to-exceed total of $624,000.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Contractor, have each executed this
Amendment, by and through their respective duly authorized representatives and officers
on this date_______________________________________.
DocuSign Envelope ID: 3A3EE47B-F214-459C-9415-5FDDD7ADAEAA
8/5/2021
2
“CONTRACTOR”
Maintaining the Common Ground, LLC.
By: _____________________________
AUTHORIZED SIGNATURE,
TITLE
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: _____________________________
DocuSign Envelope ID: 3A3EE47B-F214-459C-9415-5FDDD7ADAEAA
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A
CONTRACT BETWEEN THE CITY OF DENTON AND MAINTAINING THE COMMON
GROUND, LLC, AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON JULY
17, 2018, IN THE NOT-TO-EXCEED AMOUNT OF $575,000.00; AMENDED BY
AMENDMENT 1 APPROVED BY PURCHASING; SAID SECOND AMENDMENT TO
PROVIDE MOWING AND MAINTENANCE SERVICES FOR THE PARKS AND
RECREATION DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6627 PROVIDING FOR AN
ADDITIONAL SECOND AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$56,135.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $680,135.00).
WHEREAS, on July 17, 2018, by Ordinance No. 18-1066, the City awarded a contract to
Maintaining the Common Ground, LLC, in the amount of $575,000.00, to provide mowing and
maintenance services for the Parks and Recreation Department; and
WHEREAS, on August 5, 2021, Purchasing awarded a First Amendment to Maintaining the
Common Ground, LLC, in the amount of $49,000.00, for additional mowing and maintenance
services; and
WHEREAS, the additional fees under the proposed Second Amendment are fair and
reasonable and are consistent with, and not higher than, the recommended practices and fees
, and such fees do not exceed the maximum provided by law;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Second Amendment, increasing the amount of the contract between the
City and Maintaining the Common Ground, LLC, which is on file in the office of the Purchasing
Agent, in the amount of Fifty-Six Thousand One Hundred Thirty-Five ($56,135.00) Dollars, is
hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said
amendment which shall be attached hereto. The total contract amount increases to $680,135.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by __________________________ and
seconded by _________________________________. This ordinance was passed and approved by the
following vote [___ - ___]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ ______
Vicki Byrd, District 1: ______ ______ ______ ______
Brian Beck, District 2: ______ ______ ______ ______
Jesse Davis, District 3: ______ ______ ______ ______
Alison Maguire, District 4: ______ ______ ______ ______
Deb Armintor, At Large Place 5: ______ ______ ______ ______
Paul Meltzer, At Large Place 6: ______ ______ ______ ______
PASSED AND APPROVED this the _______ day of ___________________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _________________________________
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 7B6DE29D-C93D-48E3-B9E2-CC67D8D7287A
Yes
RFP
Erica Garcia
Mowing & Maintenance Services
6627
1
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
SECOND AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND MAINTAINING THE COMMON GROUND, LLC 6627
THIS SECOND AMENDMENT TO CONTRACT 6627 (this “Amendment”) by
and between the City of Denton, Texas (“City”) and Maintaining the Common Ground,
LLC (“Contractor”) to that certain contract executed on July 17, 2018, in the original not-
to-exceed amount of $575,000 (the “Original Agreement”); amended on August 5, 2021
in the additional amount of $49,000 aggregating a not-to-exceed amount of $624,000 (the
“First Amendment”); (collectively, the Original Agreement and the First Amendment are
the “Agreement”) for services related to mowing & maintenance services.
WHEREAS, the City deems it necessary to further expand the services provided by
Contractor to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $56,135 with this Amendment for an aggregate not-to-exceed
amount of $680,135; and
WHEREAS, the City deems it necessary to further expand the goods/services
provided by Contractor to the City; and
WHEREAS, the original not-to-exceed amount may not be increased by more than
25.0% as provided in Texas Local Government Code Sec. 252.048; and
NOW THEREFORE, the City and Contractor (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. This Amendment modifies the Agreement amount to provide an additional $56,135
for additional services and materials to be provided in accordance with the terms of
the Agreement with a revised aggregate not-to-exceed total of $680,135.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Contractor, have each executed this
Amendment, by and through their respective duly authorized representatives and officers
on this date_______________________________________.
DocuSign Envelope ID: 7B6DE29D-C93D-48E3-B9E2-CC67D8D7287A
2
“CONTRACTOR”
Maintaining the Common Ground, LLC
By: _____________________________
AUTHORIZED SIGNATURE, TITLE
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: _____________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By: ___________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 7B6DE29D-C93D-48E3-B9E2-CC67D8D7287A
Director of Parks and Recreation
Parks and Recreation
Gary Packan
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901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
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City of Denton
Legislation Text
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
File #:ID 21-2733,Version:1
AGENDA CAPTION
Consider approval of a resolution of the City of Denton adopting the Americans with Disabilities Act Transition
Plan; and declaring an effective date.
City of Denton Printed on 1/7/2022Page 1 of 1
powered by Legistar™
City of Denton
AGENDA INFORMATION SHEET
DEPARTMENT: Parks & Recreation / Facilities Management
CM: Sara Hensley, Interim City Manager
DATE: January 11, 2022
SUBJECT
Consider approval of a resolution of the City of Denton adopting the Americans with Disabilities Act
transition plan; and declaring an effective date.
BACKGROUND
The City of Denton is committed to a city-wide ADA compliance. In September of 2018, the City contracted
with Kimley Horn Associates Inc., for Phase I of the ADA Self-Evaluation and Transition Plan. Phase I
included the review of sidewalks, corridors, curb ramps, pedestrian equipment at traffic signals, and
pedestrian street crossings and was completed in 2019.
Phase II of the ADA Transition Plan reviewed all City buildings and associated Park properties. This
analysis included, but was not limited to, evaluations of accessible parking, path of travel to building
entrances, and building interior elements for public areas; as well as accessible parking, all
sidewalks/paths/trails within parks, and all amenities within parks (including restrooms, buildings,
playgrounds, etc.) to assess their condition with respect to compliance with ADA requirements. This plan
provides the City of Denton a list of improvements that are required to be completed to meet current
standards along with projected cost and hierarchy of priorities.
Staff provided updates on the project to the Committee on Persons with Disabilities on March 18, 2021,
and November 18, 2021. In addition, an update was provided on July 12, 2021 and December 6, 2022to
the Parks, Recreation and Beautification Board. Staff also presented the planned approach to the Planning
and Zoning Committee on June 23, 2021.
The ADA Transition Plan will be an integral component in the overall planning within Parks, Recreation
and Trails Master Plan. In addition, this study is a requirement in the accreditation process in which the
Parks and Recreation Department has been working to achieve.
DISCUSSION
Kimley Horn completed their field assessments on June 30, 2021 and completed a draft report for Phase II
of the ADA Transition Plan. The report highlights areas of non-compliance, estimated cost and assigns
priority to the items that should be addressed. Staff is reviewing the report and developing a plan over the
next five to 10 years to complete the items based on priority and available funding. During this work session,
staff will give an overview of the report findings.
ESTIMATED SCHEDULE OF PROJECT
• November 18, 2021 – Present final draft to Committee on Persons with Disabilities
(Recommended to move forward with receiving plan adoption. Feedback included sidewalk,
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
detectable warning pavers, bus stop concerns, public access to individual reports, potential
inflationary costs and the transition timeline.
• December 6, 2021: Presented final draft to Parks, Recreation and Beautification Board (Approved
5-0)
• January: Present plan to City Council for input and adoption.
EXHIBITS
Exhibit 1- Agenda Information Sheet
Exhibit 2- Resolution
Exhibit 3- Recommendations and Priorities
Exhibit 4- Facility Maps
Exhibit 5- ADA Transition Plan
Exhibit 6- ADA Transition Plan Appendix
Exhibit 7- Presentation
Respectfully submitted:
Gary Packan
Director of Parks & Recreation
-and-
Scott Gray
Director of Airport, Facilities and Real Estate
Prepared by:
Carin Zeman, Recreation Coordinator, Parks & Recreation
Stuart Birdseye, Assistant to the City Manager
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF DENTON ADOPTING THE AMERICANS WITH
DISABILITIES ACT TRANSITION PLAN; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, The American with Disabilities Act (ADA) prohibits discrimination in access
to jobs, public accommodations, government services, public transportation, and
telecommunications; and
WHEREAS, Title II of the ADA requires all programs, services, and activities (PSAs) of
public entities provide equal access for individuals with disabilities; and
WHEREAS, The City of Denton has undertaken a comprehensive self-evaluation of its
PSAs to determine the extent that individuals with disabilities may be restricted in their access and
developed a transition plan; and
WHEREAS, the ADA Transition Plan will serve as a guide to the path of compliance for
City of Denton sidewalks, facilities, parks, trails and will provide possible solutions to remove
programmatic barriers; and
WHEREAS, the ADA Transition Plan will be used for the planning and implementation
of necessary program and facility modifications over the next 30 years; and
WHEREAS, the City Council deems it in the public’s best interest to adopt the ADA
Transition Plan; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The findings and recitation contained in the preamble of this Resolution are
incorporated herein by reference.
SECTION 2. The City of Denton ADA Transition Plan, which is attached hereto and made
a part hereof, is hereby adopted as an official master plan of the City of Denton.
SECTION 3. This Resolution shall be effective immediately upon its passage and approval.
The motion to approve this resolution was made by __________________________ and
seconded by _____________________________, the resolution was passed and approved by the
following vote [____-____]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ______ ______ ______ _____
Vicki Byrd, District 1: ______ ______ ______ _____
Brian Beck, District 2: ______ ______ ______ _____
Jesse Davis, District 3: ______ ______ ______ _____
Alison Maguire, District 4: ______ ______ ______ _____
Deb Armintor, At Large Place 5: ______ ______ ______ _____
Paul Meltzer, At Large Place 6: ______ ______ ______ _____
PASSED AND APPROVED this the _________ day of ___________________, 2022.
__________________________________
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: __________________________________
City of Denton ADA Transition Plan Update
Exhibits for City Council Meeting – January 11, 2022
Building, Park, and Trail Prioritization Factors
Priority Criteria
1 (high) Grievance or severe access limitations
2 (high) • Element is more than twice the allowable requirement. No known complaint.
• AND (for exterior conditions) location is near a hospital, school, transit stop, government building, or other pedestrian attractor.
3 (high) • Element is more than twice the allowable requirement. No known complaint.
• AND (for exterior conditions) location is not near a hospital, school, transit stop, government building, or other pedestrian attractor.
4 (high) Issues with parking or exterior conditions (DOJ level 1) – moderately out of compliance
5 (medium) Issues with access to goods and services (DOJ level 2) – severely out of compliance
6 (medium)
Issues with:
• Access to goods and services (DOJ level 2) – moderately out of compliance;
• Parking or exterior conditions (DOJ level 1) – minimally out of compliance; OR
• Restrooms (DOJ level 3) – severely out of compliance
7 (medium)
Issues with:
• Access to goods and services (DOJ level 2) – minimally out of compliance;
• Restrooms (DOJ level 3) – moderately out of compliance; OR
• Drinking fountains or public phones (DOJ level 4 & 5) – severely out of compliance
8 (medium) Issues with drinking fountains or public phones (DOJ level 4 & 5) – moderately out of compliance
9 (low) Issues with restrooms (DOJ level 3) – minimally out of compliance
10 (low) Issues with drinking fountains or public phones (DOJ level 4 & 5) – minimally out of compliance
11 (low)
• Client is a Title II agency; AND
• Elements out of compliance, but may be able to be handled programmatically or do not need to be handled unless or until the agency hires a
person with a disability
12 (low) Element is fully compliant with an older standard (safe-harbored), but will need to be brought into compliance with current standards if altered
City of Denton ADA Transition Plan Update
Exhibits for City Council Meeting – January 11, 2022
Estimated Cost of Improvements for Building Facilities Grouped by Priority Level (Page 1)
Building Level 1
(High)
Level 2
(High)
Level 3
(High)
Level 4
(High)
Level 5
(Medium)
Level 6
(Medium)
Level 7
(Medium)
Level 8
(Medium)
Level 9
(Low)
Level 10
(Low)
Level 11
(Low)
Level 12
(Low)Total Cost
Airport Control Tower -$ -$ -$ -$ 675$ -$ -$ -$ -$ -$ 19,913$ -$ 20,588$
Airport LESA -$ -$ -$ -$ 878$ 9,788$ -$ -$ -$ -$ 14,850$ -$ 25,515$
Airport Terminal and Admin Building -$ -$ 4,050$ 12,150$ 14,648$ 37,800$ 3,713$ -$ 2,565$ -$ -$ -$ 74,925$
Alternative Fuel Island -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 13,500$ -$ 13,500$
American Legion Hall Senior Center -$ 6,075$ -$ 19,575$ 23,288$ 26,325$ 16,200$ -$ 2,633$ -$ -$ -$ 94,095$
Center for Visual Arts -$ -$ 4,050$ 17,550$ 31,725$ 76,275$ 15,255$ -$ 3,645$ -$ 4,050$ -$ 152,550$
City Hall -$ -$ -$ 26,325$ 18,968$ 85,793$ 13,905$ -$ 8,910$ -$ 16,200$ -$ 170,100$
City Hall East (Municipal Complex)-$ 13,500$ 4,050$ 28,755$ 51,773$ 81,945$ 38,914$ -$ 1,485$ -$ 39,488$ -$ 259,909$
City Hall West -$ 15,525$ -$ 23,962$ -$ 3,713$ -$ -$ -$ -$ 675$ -$ 43,875$
Civic Center -$ -$ -$ 7,898$ 23,085$ 71,078$ 28,553$ 2,025$ 3,983$ -$ 5,873$ -$ 142,493$
Civic Center Pool -$ -$ -$ 9,855$ 16,875$ 42,053$ 10,125$ -$ 6,210$ -$ 11,779$ -$ 96,896$
Denia Recreation Center -$ -$ -$ 6,750$ 32,940$ 37,673$ 18,765$ -$ 3,983$ -$ 2,025$ -$ 102,135$
Denton Development Center -$ 6,750$ -$ 4,050$ 5,738$ 16,470$ -$ -$ 1,620$ -$ 7,763$ -$ 42,390$
Denton Energy Center -$ -$ 2,025$ 4,050$ 4,725$ 7,425$ -$ -$ -$ -$ 17,280$ -$ 35,505$
Denton Senior Center -$ 2,025$ -$ 56,768$ 26,055$ 110,295$ 23,760$ -$ 5,535$ -$ 3,375$ -$ 227,813$
ECO-W.E.R.C.S at Pecan Creek -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10,125$ -$ 10,125$
Electric Administration Building -$ -$ -$ 8,100$ 14,513$ 15,390$ 6,750$ -$ 1,013$ -$ 24,638$ -$ 70,403$
Emily Fowler Library -$ -$ 2,025$ 31,725$ 9,923$ 51,368$ 8,100$ -$ 1,350$ -$ 1,620$ -$ 106,110$
Engineering and Systems Operations -$ -$ -$ 2,025$ 2,700$ 11,678$ 7,560$ -$ -$ -$ 7,425$ -$ 31,388$
Facilities Management -$ -$ -$ -$ 8,100$ 42,525$ 7,493$ 2,025$ 675$ -$ 14,850$ -$ 75,668$
Fire Drill Tower (Fire Station #7)-$ -$ -$ -$ -$ 4,050$ -$ -$ -$ -$ -$ -$ 4,050$
Fire Outdoor Classroom (Fire Station #7)-$ -$ -$ -$ -$ 1,688$ -$ -$ -$ -$ 8,505$ -$ 10,193$
Fire Station #2 -$ -$ 4,050$ -$ 2,363$ 13,433$ 4,118$ 2,025$ -$ 1,013$ 22,073$ -$ 49,073$
Fire Station #3 -$ -$ -$ 4,050$ 743$ 13,163$ 338$ -$ -$ -$ 17,685$ -$ 35,978$
Fire Station #4 -$ -$ 2,025$ 10,125$ 5,738$ 23,288$ -$ -$ -$ 473$ 20,048$ -$ 61,695$
Fire Station #5 -$ 2,025$ 4,050$ 7,493$ 35,505$ 9,450$ 6,210$ 3,038$ -$ -$ 35,978$ -$ 103,748$
Fire Station #6 -$ -$ -$ 4,050$ 31,961$ 24,975$ 12,960$ -$ -$ -$ 24,131$ -$ 98,078$
Fire Station #7 -$ -$ -$ -$ 10,800$ 19,913$ 338$ -$ -$ -$ 53,663$ -$ 84,713$
Fire Station #8 -$ -$ 4,050$ 405$ 3,038$ 12,150$ 338$ -$ -$ -$ 17,213$ -$ 37,193$
Fire Station Annex (Old #4)-$ -$ -$ 4,050$ 5,130$ 9,450$ -$ -$ -$ -$ 5,738$ -$ 24,368$
Fleet Service Center -$ -$ -$ 405$ 11,813$ 3,038$ 6,818$ -$ 4,050$ -$ 12,825$ -$ 38,948$
Household Hazardous Waste Building -$ -$ -$ -$ 1,688$ 6,075$ 338$ -$ 338$ -$ 338$ -$ 8,775$
Landfill Weigh Station -$ -$ -$ -$ 8,775$ -$ 1,013$ -$ -$ -$ 3,713$ -$ 13,500$
Linda McNatt Animal Care and Adoption Center -$ -$ -$ 4,050$ 16,335$ 16,875$ 10,800$ -$ 7,898$ -$ 6,683$ -$ 62,640$
LL WTP - Blower Building -$ -$ -$ -$ 675$ -$ -$ -$ -$ -$ -$ -$ 675$
City of Denton ADA Transition Plan Update
Exhibits for City Council Meeting – January 11, 2022
Estimated Cost of Improvements for Building Facilities Grouped by Priority Level (Page 2)
Building Level 1
(High)
Level 2
(High)
Level 3
(High)
Level 4
(High)
Level 5
(Medium)
Level 6
(Medium)
Level 7
(Medium)
Level 8
(Medium)
Level 9
(Low)
Level 10
(Low)
Level 11
(Low)
Level 12
(Low)Total Cost
LL WTP - Maintenance Building -$ -$ -$ 5,400$ 3,375$ 13,163$ 405$ -$ -$ -$ 3,375$ -$ 25,718$
LL WTP - Operations Building -$ -$ 4,050$ -$ 26,325$ 26,393$ 3,375$ -$ 2,093$ -$ 18,225$ -$ 80,460$
LL WTP - Ozone Generator Building -$ -$ -$ -$ 4,050$ 5,400$ -$ -$ -$ -$ 1,013$ -$ 10,463$
LRR WTP - Admin Building -$ -$ 4,050$ 2,025$ 8,843$ 28,350$ -$ -$ 4,995$ -$ 21,398$ -$ 69,660$
LRR WTP - Ozone Generation Building -$ -$ -$ 3,375$ 4,050$ -$ -$ -$ -$ -$ 2,700$ -$ 10,125$
Master Recycling Services - Building 101 -$ -$ 4,050$ -$ 2,430$ 4,725$ 338$ -$ -$ -$ 19,238$ -$ 30,780$
Metering Pit -$ -$ -$ -$ 1,013$ -$ -$ -$ -$ -$ -$ -$ 1,013$
MLK Jr Recreation Center -$ -$ -$ 43,943$ 57,983$ 87,750$ 33,143$ -$ 7,830$ -$ 4,388$ -$ 235,035$
Monsignor King Outreach Center -$ 3,375$ -$ 17,888$ 16,875$ 56,363$ 23,524$ -$ 3,375$ -$ -$ -$ 121,399$
Natatorium -$ -$ 8,100$ 2,025$ 30,173$ 56,835$ 7,999$ -$ 12,083$ -$ 11,813$ -$ 129,026$
New Central Fire Station -$ -$ -$ 2,025$ 9,450$ 50,963$ 23,288$ -$ 1,350$ -$ 57,578$ -$ 144,653$
North Branch Library -$ 10,125$ -$ 8,775$ 29,768$ 61,290$ 25,583$ -$ 7,020$ -$ 8,708$ -$ 151,268$
North Lakes Annex -$ 14,175$ 2,025$ 14,175$ 12,994$ 28,958$ 15,660$ -$ -$ -$ -$ -$ 87,986$
North Lakes Recreation Center -$ -$ -$ -$ 36,923$ 82,013$ 17,111$ -$ 7,965$ -$ -$ -$ 144,011$
PCRP - Administration -$ -$ 4,050$ 5,400$ 37,463$ 38,475$ 10,260$ -$ -$ -$ 38,070$ -$ 133,718$
PCRP - Belt Press Building -$ -$ -$ 4,725$ 506$ 2,363$ -$ -$ -$ -$ 35,168$ -$ 42,761$
PCRP - Beneficial Reuse Building -$ -$ -$ -$ 506$ -$ -$ -$ -$ -$ 4,050$ -$ 4,556$
PCRP - Electronics Office -$ -$ 2,025$ 6,750$ 8,606$ 5,738$ -$ -$ -$ -$ -$ -$ 23,119$
PCRP - New Administration Building -$ -$ -$ 5,400$ 2,295$ 3,713$ -$ -$ 2,025$ -$ 18,765$ -$ 32,198$
PCRP - Old Blower Building -$ -$ -$ -$ 3,881$ -$ -$ -$ -$ -$ 5,063$ -$ 8,944$
PCRP - Operations Building -$ -$ -$ 7,425$ 8,944$ 1,350$ -$ -$ -$ -$ 7,493$ -$ 25,211$
PCRP - Pretreatment Building -$ -$ -$ 1,013$ 4,894$ 10,800$ 5,265$ -$ -$ -$ 11,138$ -$ 33,109$
Police Firing Range -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 12,150$ -$ 12,150$
Quebec Hangars -$ -$ 8,100$ 1,350$ 18,563$ 25,313$ -$ -$ 1,215$ -$ -$ -$ 54,540$
Service Center -$ -$ -$ 1,013$ 45,563$ 85,995$ 22,275$ -$ 3,038$ -$ 72,360$ -$ 230,243$
Solid Waste Fleet/Maintenance Shop -$ -$ -$ -$ -$ 675$ -$ -$ -$ -$ 19,980$ -$ 20,655$
Solid Waste Maintenance Building -$ -$ -$ -$ 3,375$ -$ -$ -$ -$ -$ -$ -$ 3,375$
Solid Waste Services Building -$ -$ 4,725$ 4,725$ 33,413$ 56,363$ 6,480$ -$ -$ -$ 14,513$ -$ 120,218$
South Branch Library -$ -$ -$ 9,450$ 12,218$ 49,343$ 12,420$ -$ 810$ -$ 2,363$ -$ 86,603$
SW Triple Wide -$ -$ -$ -$ 11,813$ 16,538$ -$ -$ -$ -$ 11,205$ -$ 39,555$
Traffic Control -$ -$ 4,050$ 8,100$ 4,050$ 4,050$ 338$ -$ 338$ -$ 12,150$ -$ 33,075$
Transmission Engineering Department Building -$ -$ -$ 3,375$ 7,763$ 9,113$ -$ -$ -$ -$ 4,995$ -$ 25,245$
Truck Wash -$ -$ -$ -$ -$ -$ 338$ -$ -$ -$ 2,025$ -$ 2,363$
Utility Office/Field Operations -$ -$ -$ -$ 21,161$ 11,610$ 5,130$ -$ 338$ -$ 15,863$ -$ 54,101$
Total -$ 73,575$ 75,600$ 452,520$ 890,426$ 1,708,770$ 455,288$ 9,113$ 110,363$ 1,485$ 879,795$ -$ 4,656,934$
City of Denton ADA Transition Plan Update
Exhibits for City Council Meeting – January 11, 2022
Estimated Cost of Improvements for Park Facilities Grouped by Priority Level
Park Level 1
(High)
Level 2
(High)
Level 3
(High)
Level 4
(High)
Level 5
(Medium)
Level 6
(Medium)
Level 7
(Medium)
Level 8
(Medium)
Level 9
(Low)
Level 10
(Low)
Level 11
(Low)
Level 12
(Low)Total Cost
Avondale Park -$ 3,375$ 3,375$ 13,500$ 6,278$ 9,788$ 11,880$ 1,013$ -$ -$ -$ -$ 49,208$
Bowling Green Park -$ -$ -$ 14,175$ 6,750$ -$ 10,274$ 1,013$ -$ -$ -$ -$ 32,211$
Briercliff Park -$ -$ -$ 4,050$ 1,013$ 9,450$ 12,150$ -$ -$ -$ -$ -$ 26,663$
Carl Young, Sr. Park -$ -$ -$ 12,150$ 15,863$ 17,888$ 23,288$ -$ -$ -$ -$ -$ 69,188$
Carnegie Ridge Park -$ -$ -$ 15,525$ 2,025$ 2,025$ 7,088$ -$ -$ -$ -$ -$ 26,663$
Clear Creek Natural Heritage Center -$ -$ 10,800$ 4,050$ 6,244$ 35,775$ 338$ -$ 3,105$ -$ 2,025$ -$ 62,336$
Cooper Creek Linear Park -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Cooper Glen Park -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Cross Timbers Park North -$ -$ -$ 2,768$ 3,038$ 13,500$ 19,238$ -$ -$ -$ -$ -$ 38,543$
Cross Timbers Park South -$ -$ -$ 4,050$ 8,100$ 12,825$ -$ -$ -$ -$ -$ -$ 24,975$
Denia Park -$ -$ 4,050$ 25,313$ 49,748$ 78,638$ 11,070$ -$ 675$ 4,050$ 3,375$ -$ 176,918$
Evers Park -$ -$ 12,150$ 79,650$ 141,818$ 94,230$ 35,336$ 4,050$ 7,088$ -$ -$ -$ 374,321$
Fred Moore Park -$ 6,750$ -$ 12,488$ 34,088$ 39,825$ 15,863$ -$ -$ -$ -$ -$ 109,013$
Frontier Park -$ -$ -$ -$ 2,025$ -$ 473$ -$ -$ -$ -$ -$ 2,498$
Goldfield Tennis Center -$ -$ -$ 9,450$ 27,675$ 27,000$ 10,260$ -$ -$ -$ -$ -$ 74,385$
Industrial Park -$ -$ -$ -$ 2,025$ 4,050$ -$ -$ -$ -$ -$ -$ 6,075$
IOOF Cemetery -$ -$ -$ -$ -$ -$ 15,188$ -$ -$ -$ 2,025$ -$ 17,213$
Jimmy Carter Park -$ 8,100$ 4,725$ 20,925$ -$ 13,500$ 7,560$ -$ -$ -$ -$ -$ 54,810$
Joe Skiles Park -$ -$ -$ 2,025$ 12,960$ 12,555$ 10,125$ -$ -$ -$ -$ -$ 37,665$
Lake Forest Park -$ -$ -$ 4,050$ 20,993$ 55,418$ 38,408$ -$ -$ -$ -$ -$ 118,868$
Mack Park -$ -$ -$ 14,175$ 79,988$ 47,723$ 26,325$ 4,050$ 1,688$ -$ -$ -$ 173,948$
Martin Luther King Jr. Park -$ -$ -$ 6,075$ 9,113$ 11,475$ 2,025$ -$ -$ -$ -$ -$ 28,688$
McKenna Park -$ 4,050$ -$ 33,075$ 16,200$ 70,943$ 5,063$ -$ -$ -$ -$ -$ 129,330$
Milam Park -$ -$ 4,050$ 10,125$ 3,375$ 15,458$ 3,713$ 1,013$ -$ -$ -$ -$ 37,733$
Nette Shultz Park -$ -$ -$ 17,550$ 7,088$ 6,413$ 20,993$ 1,013$ -$ -$ -$ -$ 53,055$
North Lakes Park -$ -$ 49,275$ 119,138$ 154,136$ 273,105$ 58,590$ -$ 2,700$ 2,025$ 16,200$ -$ 675,169$
North Pointe Park -$ -$ -$ 6,750$ -$ -$ 7,641$ 1,013$ -$ -$ -$ -$ 15,404$
Oakwood Cemetery -$ -$ -$ -$ -$ -$ 16,943$ -$ -$ -$ -$ -$ 16,943$
Owsley Park -$ -$ -$ 2,025$ 5,063$ 13,635$ 1,013$ -$ -$ -$ -$ -$ 21,735$
Quakertown Park -$ -$ -$ 4,725$ 59,400$ 28,013$ 14,513$ -$ -$ -$ -$ -$ 106,650$
Sequoia Park -$ -$ -$ 9,450$ -$ 2,025$ -$ -$ -$ -$ -$ -$ 11,475$
Sherman Park -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Skate Works -$ -$ -$ 1,013$ -$ 2,700$ 2,025$ -$ -$ -$ -$ -$ 5,738$
South Lakes Park -$ -$ 4,050$ 11,475$ 42,525$ 125,550$ 33,683$ -$ -$ -$ -$ -$ 217,283$
Spc. Ernest W. Dallas Jr. Veterans
Memorial Park -$ -$ -$ 8,100$ 8,775$ 15,525$ 2,498$ -$ -$ -$ -$ -$ 34,898$
Water Works Park -$ -$ -$ 14,175$ 51,300$ 118,125$ 13,298$ -$ 3,645$ -$ 8,910$ -$ 209,453$
Wheeler Ridge Park -$ -$ -$ 2,025$ -$ 3,038$ 6,075$ -$ -$ -$ -$ -$ 11,138$
Total -$ 22,275$ 92,475$ 484,043$ 777,600$ 1,160,190$ 442,928$ 13,163$ 18,900$ 6,075$ 32,535$ -$ 3,050,183$
City of Denton ADA Transition Plan Update
Exhibits for City Council Meeting – January 11, 2022
Estimated Cost of Improvements for Paved Trail Facilities Grouped by Priority Level
Estimated Cost of Improvements for Unpaved Trail Facilities Grouped by Priority Level
Paved Trail Level 1
(High)
Level 2
(High)
Level 3
(High)
Level 4
(High)
Level 5
(Medium)
Level 6
(Medium)
Level 7
(Medium)
Level 8
(Medium)
Level 9
(Low)
Level 10
(Low)
Level 11
(Low)
Level 12
(Low)Total Cost
Avondale Trail -$ -$ 5,400$ -$ 7,088$ 8,775$ 3,375$ -$ -$ -$ -$ -$ 24,638$
Bowling Green Trail -$ -$ 2,025$ -$ -$ 31,388$ 675$ -$ -$ -$ -$ -$ 34,088$
Carl Young Park Trail -$ -$ 2,700$ -$ -$ 11,138$ -$ -$ -$ -$ -$ -$ 13,838$
Cooper Creek Trail -$ -$ 20,250$ -$ 2,025$ 80,663$ 338$ -$ -$ -$ -$ -$ 103,275$
Cross Timbers Trail -$ -$ 14,850$ -$ -$ 36,788$ -$ -$ -$ -$ -$ -$ 51,638$
Denia Trail -$ -$ 2,025$ -$ 4,050$ 24,300$ 2,025$ -$ -$ -$ -$ -$ 32,400$
Evers Park Trail -$ -$ 19,913$ -$ -$ 93,488$ -$ -$ -$ -$ -$ -$ 113,400$
Fred Moore Trail -$ -$ 20,250$ -$ -$ 67,838$ -$ -$ -$ -$ -$ -$ 88,088$
Frontier Park Trail -$ -$ 7,425$ -$ -$ 10,868$ -$ -$ -$ -$ -$ -$ 18,293$
Katy Trail (Denton Rail Trail)-$ -$ 6,075$ -$ 4,725$ 247,388$ -$ -$ -$ -$ -$ -$ 258,188$
Lake Forest Trail -$ -$ 5,400$ -$ -$ 29,363$ 7,088$ -$ -$ -$ -$ -$ 41,850$
Nette Shultz Trail -$ 13,500$ 10,800$ -$ 1,013$ 38,813$ 1,688$ -$ -$ -$ -$ -$ 65,813$
North Lakes Trail -$ -$ 27,000$ -$ 1,013$ 106,650$ 2,700$ -$ -$ -$ -$ -$ 137,363$
North Pointe Trail -$ -$ 9,450$ -$ -$ 24,975$ -$ -$ -$ -$ -$ -$ 34,425$
Northwest Denton Trail -$ -$ -$ -$ -$ 21,600$ 1,013$ -$ -$ -$ -$ -$ 22,613$
Preserve at Pecan Creek -$ -$ 17,550$ -$ 4,725$ 21,263$ -$ -$ -$ -$ -$ -$ 43,538$
Quakertown Trail -$ -$ 21,263$ -$ -$ 83,700$ 1,013$ -$ -$ -$ -$ -$ 105,975$
Sequoia Trail -$ -$ 2,025$ -$ 1,013$ 24,975$ 1,013$ -$ -$ -$ 2,025$ -$ 31,050$
South Lakes Trail -$ -$ 10,125$ -$ 13,163$ 150,863$ 6,750$ -$ -$ -$ -$ -$ 180,900$
Special Ernest W Dallas Jr Trail -$ -$ -$ -$ -$ 20,250$ -$ -$ -$ -$ -$ -$ 20,250$
Unicorn Lake / Briercliff Trail -$ -$ -$ -$ -$ 26,190$ -$ -$ -$ -$ -$ -$ 26,190$
Wheeler Ridge Trail -$ -$ 7,425$ -$ -$ 24,300$ -$ -$ -$ -$ -$ -$ 31,725$
Total -$ 13,500$ 211,950$ -$ 38,813$ 1,185,570$ 27,675$ -$ -$ -$ 2,025$ -$ 1,479,533$
Unpaved Trail Level 1
(High)
Level 2
(High)
Level 3
(High)
Level 4
(High)
Level 5
(Medium)
Level 6
(Medium)
Level 7
(Medium)
Level 8
(Medium)
Level 9
(Low)
Level 10
(Low)
Level 11
(Low)
Level 12
(Low)Total Cost
Clear Creek Trail -$ -$ -$ 6,075$ -$ 5,063$ 338$ -$ -$ -$ -$ -$ 11,475$
IOOF Cemetery Trail -$ -$ -$ 17,550$ -$ -$ -$ -$ -$ -$ -$ -$ 17,550$
Oakwood Cemetery Trail -$ -$ -$ 19,575$ -$ -$ -$ -$ -$ -$ -$ -$ 19,575$
Total -$ -$ -$ 43,200$ -$ 5,063$ 338$ -$ -$ -$ -$ -$ 48,600$
City of Denton ADA Transition Plan Update
Exhibits for City Council Meeting – January 11, 2022
Signalized Intersection and Curb Ramp Prioritization Factors (Page 1)
Priority Criteria
1 (high) Grievance filed on curb ramp or intersection or known accident/injury at the site
2 (high)
Existing curb ramp with any of the following conditions:
• Running slope > 12%
• Cross slope > 7%
• Obstruction to or in the curb ramp or landing
• Level change > ¼ inch at the bottom of the curb ramp
• No detectable warnings
AND within a couple of blocks of a hospital, retirement facility, medical facility, parking garage, major employer, disability service provider, event facility,
bus/transit stop, school, government facility, public facility, park, library, or church, based on field observations.
3 (high)
• No curb ramp where sidewalk or pedestrian path exists
AND within a couple of blocks of a hospital, retirement facility, medical facility, parking garage, major employer, disability service provider, event facility,
bus/transit stop, school, government facility, public facility, park, library, or church, based on field observations.
4 (high) No curb ramps, but a striped crosswalk exists
5 (medium)
Existing curb ramp with any of the following conditions:
• Running slope > 12%
• Cross slope > 7%
• Obstruction to or in the curb ramp or landing
• Level change > ¼ inch at the bottom of the curb ramp
• No detectable warnings
AND NOT within a couple of blocks of a hospital, retirement facility, medical facility, parking garage, major employer, disability service provider, event
facility, bus/transit stop, school, government facility, public facility, park, library, or church, based on field observations.
6 (medium)
• No curb ramp where sidewalk or pedestrian path exists
AND NOT within a couple of blocks of a hospital, retirement facility, medical facility, parking garage, major employer, disability service provider, event
facility, bus/transit stop, school, government facility, public facility, park, library, or church, based on field observations.
City of Denton ADA Transition Plan Update
Exhibits for City Council Meeting – January 11, 2022
Signalized Intersection and Curb Ramp Prioritization Factors (Page 2)
Priority Criteria
7 (medium) Existing diagonal curb ramp (serving both crossing directions on the corner) is non-compliant and should be replaced with two curb ramps, one
serving each crossing direction on the corner.
8 (medium)
Existing curb ramp with any of the following conditions:
• Cross slope > 5%
• Width < 36 inches
• Median/island crossings that are inaccessible
9 (low) Existing curb ramp with either running slope between 8.3% and 11.9% or insufficient turning space
10 (low) Existing diagonal curb ramp without a 48-inch extension into the crosswalk
11 (low) Existing pedestrian push button is not accessible from the sidewalk and/or curb ramp
12 (low) Existing curb ramp with returned curbs where pedestrian travel across the curb is not protected
13 (low) All other intersections not prioritized above
Estimated Cost of Improvements for Signalized Intersections and Curb Ramps Grouped by Priority Level
Type Compliant Level 1
(High)
Level 2
(High)
Level 3
(High)
Level 4
(High)
Level 5
(Medium)
Level 6
(Medium)
Level 7
(Medium)
Level 8
(Medium)
Level 9
(Low)
Level 10
(Low)
Level 11
(Low)
Level 12
(Low)
Level 13
(Low)Total
Signalized
Intersection
Count
7 0 31 2 2 47 1 7 0 23 0 1 1 1 123
Estimated Total
Cost of
Signalized
Intersection
Improvements
$ - -$ 1,512,700$ 47,800$ 78,900$ 2,156,300$ 20,400$ 328,300$ -$ 569,700$ -$ 23,100$ 85,500$ 7,900$ 4,830,600$
City of Denton ADA Transition Plan Update
Exhibits for City Council Meeting – January 11, 2022
Sidewalk and Unsignalized Intersection Curb Ramp Prioritization Factors
Criteria Description Priority
1 (Severe) 2 (Moderate) 3 (Slight)
Heave Sidewalk/ramp or multiple slabs have uplifted over a
short length
> 5" over 5'
(> 8%)
2.5" to 5" over 5'
(4% to 8%)
0" to 2.5" over 5'
(4%)
Sag Sidewalk/ramp or multiple slabs have settled over a
short length
> 5" over 5'
(> 8%)
Will pond up to 2.5"
2.5" to 5" over 5'
(4% to 8%)
May pond up to 5"
0" to 2.5" over 5' (4%)
May pond up to 2.5"
Tilt Sidewalk/ramp or multiple slabs have tilted over a
short length
> 4%
(> 1" over 2')
2% to 4%
(1/2" to 1" over 2')
0% to 2%
(1/2" over 2')
Shattered Slab Slab/walk/ramp has two or more cracks and may be
associated with settlement
Cracks > 1", noticeable
settlement
Cracks 1/4" to 1", slight
settlement
Slab still flat,
cracks < 1/4"
Transverse
Crack A crack across the width of a slab/walk/ramp Cracks > 1", noticeable
displacement
Cracks 1/4" to 1", slight
displacement
Slab still flat,
cracks < 1/4"
Longitudinal
Crack A crack along the length of a slab/walk/ramp Cracks > 1", noticeable
displacement
Cracks 1/4" to 1", slight
displacement
Slab still flat,
cracks < 1/4"
Fault Vertical displacement at a joint or crack
(either up or down) > 1" 1/2" to 1" < 1/2"
Texture Loss of fines, crazing, pop-outs, or scaling of the
sidewalk/ramp surface
The surface texture is rough -
aggregate exposed almost like
gravel, small wheels stop rolling
Surface has lost its fines,
aggregate exposed, small
wheels will jam while rolling
Surface is just starting to lose its
smooth texture, slight exposing
of aggregate - still suitable for
small wheels
Corner Break
The corner of a slab/ramp (greater than a 6-square
inch area) has broken off or the edge of walk has
become ragged
Cracks > 1", noticeable
settlement, edge is jagged and
failed
Cracks 1/4" to 1", slight
settlement,
edge noticeably deteriorated
Slab still flat,
cracks < 1/4",
edge slightly deteriorated
Joint Damage The joints have opened or loss of joint sealant Joint is opened > 2" and weeded Joint is opened 1" to 2" and
weeded
Joint is opened
up to 1"
Patching The sidewalk/ramp has been patched or cut and
patched
Patch has dropped or heaved,
failed, very rough, and will trap
small wheels
Patch is starting to fail, rough or
made from dissimilar material
Patch is smooth matching
sidewalk surface and made of
similar material
Slope The sidewalk/ramp has excessive slope > 12.5% slope
3" in 2’
8.33% to 12.5%
2" to 3" in 2'
Up to 8.33% slope
Up to 2" in 2'
City of Denton ADA Transition Plan Update
Exhibits for City Council Meeting – January 11, 2022
Sidewalk and Unsignalized Intersection Curb Ramp Condition Rating (Calculated Based on Frequency of Low, Medium, and High Priority Issues
from Previous Table)
Condition Rating (Priority) Condition Index Range
Excellent 90 ≤ Condition Index ≤ 100
Very Good 80 ≤ Condition Index < 90
Good 70 ≤ Condition Index < 80
Fair 60 ≤ Condition Index < 70
Marginal 40 ≤ Condition Index < 60
Poor 20 ≤ Condition Index < 40
Very Poor 0 ≤ Condition Index < 20
Estimated Cost of Improvements for Sidewalk Corridors Grouped by Condition Rating (Priority)
Estimated Cost of Improvements for Unsignalized Intersection Curb Ramps Grouped by Condition Rating (Priority)
Type Very Poor
(High)
Poor
(High)
Marginal
(Medium)
Fair
(Medium)
Good
(Low)
Very Good
(Low)
Excellent
(Low)Total
Sidewalk Corridors Length
(miles) 4 15 54 47 52 69 131 372
Estimated Total Cost of
Signalized Intersection
Improvements
362,320$ 1,106,480$ 3,330,290$ 2,368,710$ 1,854,280$ 1,541,260$ 796,020$ 11,359,360$
Type
Ramp Required
where Not
Present (High)
Very Poor (High)Poor
(High)
Marginal
(Medium)Fair (Medium)Good
(Low)
Very Good
(Low)
Excellent
(Low)Total
Curb Ramp Count 711 87 255 775 44 3,320 1,992 352 7,536
Estimated Total Cost of
Unsignalized Curb Ramp
Improvements
2,137,887$ 281,356$ 805,177$ 2,289,710$ 118,794$ 7,848,242$ 4,207,573$ 656,962$ 18,345,700$
!(
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Buildings
!(City of Denton Buildings
Denton City Limits
0 2 41Miles
September 2021
City of DentonADA Transition PlanBuildings Map
GpsID Building Name Address1Airport Control Tower 5003 Airport Rd2Airport LESA 5000 Airport Rd3Airport Terminal and Admin Building and T-Hanger 5000 Airport Rd4Alternative Fuel Island 1527 S Mayhill Rd5American Legion Hall 629 Lakey St6Monsignor King Outreach Center 300 Woodrow Ln7Center for Visual Arts 400 E Hickory St8City Hall 215 E McKinney St9City Hall East (Municipal Complex)601 E Hickory St10City Hall West (vacant)221 North Elm St11Civic Center 321 E McKinney St12Civic Center Pool 515 N Bell Ave13Denia Recreation Center 1001 Parvin St14Denton Development Center 401 N Elm St15Denton Energy Center 8161 Jim Christal Rd16Denton Senior Center 509 N Bell Ave17DME Garage 1701 Spencer Rd18DME Parking Facility 1701 D. Spencer Rd19ECO W.E.R.C.S at Pecan Creek 651 Mayhill Rd20Electric Administration Building 1659 Spencer Rd21Emily Fowler Library 406 Oakland St22Engineering and Systems Operations 1685 Spencer Rd23Facilities Management 869 S Woodrow Ln24Fire Drill Tower (Fire Station #7)4201 Vintage Blvd25Fire Outdoor Classroom (Fire Station #7)4111 Vintage Blvd26Fire Station #2 110 Mockingbird Ln27Fire Station #3 1204 McCormick St28Fire Station #4 2116 E Sherman Dr29Fire Station #5 2230 W Windsor Dr30Fire Station #6 3232 Teasley Ln31Fire Station #7 4201 Vintage Blvd32Fire Station #8 3131 Colorado Blvd33Fire Station Annex (Old #4)2110 E Sherman Dr34Fleet Service Center 801 Texas St35Household Hazardous Waste Building 1527 S Mayhill Rd36Landfill Weigh Station 1527 S Mayhill Rd37Linda McNatt Animal Care and Adoption Center 3717 N Elm St38LL WTP - Blower Building 1701 Spencer Rd39LL WTP - Maintenance Building 1701 Spencer Rd40LL WTP - Operations Building 1701 Spencer Rd41LL WTP - Ozone Generator Building 1701 Spencer Rd42LRR WTP - Admin Building 16525 Lake Ray Roberts Dam Rd43LRR WTP - Ozone Generation Building 16525 Lake Ray Roberts Dam Rd44Master Recycling Services - Building 101 1001 S Mayhill Rd45Metering Pit 1701 Spencer Rd46MLK Jr Recreation Center 1300 Wilson St47Natatorium2400 Long Rd48New Central Fire Station 332 E Hickory St49North Branch Library 3020 N Locust St50North Lakes Annex 1117 Riney Rd51North Lakes Recreation Center 2001 W Windsor Dr52PCRP - Administration 1100 S Mayhill Rd53PCRP - Belt Press Building 1100 S Mayhill Rd54PCRP - Beneficial Reuse Building 1100 S Mayhill Rd55PCRP - Electronics Office 1100 S Mayhill Rd56PCRP - New Administration Building 1100 S Mayhill Rd57PCRP - Old Blower Building 1100 S Mayhill Rd58PCRP - Operations Building 1100 S Mayhill Rd59PCRP - Pretreatment Building 1100 S Mayhill Rd60Police Firing Range Airport Rd61Quebec Hangars 2031 Skylane62Service Center 801 Texas St63Solid Waste Fleet/Maintenance Shop 1527 S Mayhill Rd64Solid Waste Maintenance Building 1527 S Mayhill Rd65Solid Waste Services Building 1527 S Mayhill Rd66South Branch Library 3228 Teasley Ln67SW Triple Wide 1527 S Mayhill Rd69Traffic Control 801 Texas St70Transmission Engineering Department Building 1671 Spencer Rd71Truck Wash 1527 S Mayhill Rd72Utility Office/Field Operations 1701 Spencer Rd
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29 32
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37
Parks
!(1 - Goldfield Tennis Center and NorthLakes Park Driving Range
!(2 - Avondale Park
!(3 - Bowling Green Park
!(4 - Briercliff Park
!(5 - Carl Young Sr Park
!(6 - Carnegie Ridge Park
!(7 - Cross Timbers Park North
!(8 - Cross Timbers Park South
!(9 - Cooper Creek Linear Park
!(10 - Denia Park
!(11 - Evers Park
!(12 - Fred Moore Park
!(13 - Frontier Park
!(14 - Industrial Park
!(15 - Jimmy Carter Park
!(16 - Joe Skiles Park
!(17 - Lake Forest Park
!(18 - Mack Park
!(19 - MLK Jr Park
!(20 - McKenna park
!(21 - Milam Park
!(22 - Nette Schultz Park
!(23 - North Lakes Park
!(24 - North Pointe Park
!(25 - Owsley Park
!(26 - Quakertown Park
!(27 - Sequoia Park
!(28 - Sherman Park
!(29 - Skate Works
!(30 - South Lakes Park
!(31 - Spc Ernest W Dallas Jr VeteransMemorial Park
!(32 - Water Works Park
!(33 - Wheeler Ridge Park
!(34 - Clear Creek Natural Heritage Center
!(35 - IOOF Cemetery
!(36 - Oakwood Cemetery
!(37 - Cooper Glen Park
Denton City Limits
*Note: Katy Trail Linear Park included with Paved Trails01.5 30.75 Miles
January 2022
City of DentonADA Transition PlanParks Map
1998 18161215
3
61710124
2
0 141151 3
7Paved Trails
1 - Avondale Trail
2 - Bowling Green Trail
3 - Carl Young Park Trail
4 - Cooper Creek Trail
5 - Cross Timbers Trail
6 - Denia Trail
7 - Evers Park Trail
8 - Fred Moore Trail
9 - Frontier Park Trail
10 - Katy Trail
11 - Lake Forest Trail
12 - Nette Schultz Trail
13 - North Lakes Trail
14 - Preserve at Pecan Creek
15 - Quakertown Trail
16 - Sequoia Trail
17 - South Lakes Trail
18 - Special Ernest W Dallas Jr
19 - Unicorn Lake/Briercliff Trail
20 - Wheeler Ridge Trail
Denton City Limits
0 1.5 30.75 Miles
September 2021
City of DentonADA Transition PlanPaved Trails Map
32
1
Unpaved Trails
1 - Clear Creek Trail
2 - IOOF Cemetery Trail
3 - Oakwood Cemetery Trail
Denton City Limits
0 0.75 1.50.375 Miles
January 2022
City of DentonADA Transition PlanUnpaved Trails Map
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!US 377UNIVERSITY DRN I 35I 35 WBONNIE BRAE STELM ST
I 35 E
MCKINNEY ST
MAYHILL RDLOOP 288OAK ST
TEASLEY LNWINDSOR DR
LOCUST STBELL AVEFM 2449 E SHERMAN DRFM1830HICKORY ST N LOCUST STAIRPORT RD CARROLL BLVDEAGLE DR
JIM CHRISTAL RD
COUNTRY CLUB RDFM 1173
SCRIPTURE ST
ROSELAW N DRHOBSON LN
C
O
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O
R
A
DOBLVDBERNARD STSWISHER RDWOODROW LNNOTTINGHAM DRAUDRA LNRINEY RD
STUART RDWILLOWWOOD ST
DALLAS DR
PENNSYLVANIADRMASCH BRANCH RDSHERMAN DR
COUNTRY CLUB RD!Signalized Intersection
GpsID Intersection Name1Intersection of Teasley Ln and Old Alton Rd2Intersection of Teasley Ln and Montecito Dr3Intersection of Teasley Ln and Hickory Creek Rd4Intersection of Teasley Ln and Wheeler Ridge Dr5Intersection of Teasley Ln and Robinson Rd6Intersection of Teasley Ln and Ryan Rd7Intersection of S Mayhill Rd and I-35E Frontage Rd NB8Intersection of Teasley Ln and Lillian Miller Pkwy10Intersection of Teasley Ln and Nobson Ln11Intersection of Fort Worth Dr and Country Club Rd12Intersection of Colorado Blvd and Edwards Rd13Intersection of Colorado Blvd and Medpark Dr14Intersection of Lillian Miller Pkwy and Southridge Dr15Intersection of Colorado Blvd and Brinker Rd16Intersection of Brinker Rd and Medpark Dr17Intersection of Lillian Miller Pkwy and shopping entrance (Lat. 33.1849; Long. -97.1087)18 Intersection of Fort Worth Dr and Daniels St19Intersection of Lillian Miller Pkwy and I-35E Frontage Rd NB20Intersection of Loop 288 and shopping entrance (Lat. 33.1881; Long. -97.1061)21 Intersection of Loop 288 and Colorado Blvd22Intersection of Teasley Ln and Londonderry Ln23Intersection of Londonderry Ln and Jason Dr24Intersection of Brinker Rd and shopping entrance (Lat. 33.1905; Long. -97.0958)25 Intersection of Teasley Ln and shopping entrance (Lat. 33.1914; Long. -97.1244)26 Intersection of Loop 288 and shopping entrance (Lat. 33.1915; Long. -97.0993)27 Intersection of Loop 288 and Brinker Rd28Intersection of Colorado Blvd and San Jacinto Blvd29Intersection of Teasley Ln and I-35E Frontage Rd NB30Intersection of S Mayhill Rd and Spencer Rd31Intersection of Loop 288 and Spencer Rd32Intersection of Fort Worth Dr and I-35E Frontage Rd NB33Intersection of Teasley Ln and US Hwy 7734Intersection of S Woodrow Ln and Spencer Rd35Intersection of S Woodrow Ln and Shady Oaks Dr36Intersection of Shady Oaks Dr and Kerley St37Intersection of McCormick St and I-35E Frontage Rd NB38Intersection of S Carroll Blvd / Fort Worth Dr and Collins St39Intersection of Loop 288 and Shady Oaks Dr / Morse St40Intersection of N Texas Blvd and I-35E Frontage Rd NB41Intersection of S Bell Ave and Eagle Dr42Intersection of N Texas Blvd and Eagle Dr43Intersection of Fort Worth Dr / S Elm St and Eagle Dr44Intersection of S Carroll Blvd and Eagle Dr45Intersection of Eagle Dr and Bernard St46Intersection of S Welch St and Eagle Dr47Intersection of Eagle Dr and Ave A48Intersection of Eagle Dr and Ave C49Intersection of E McKinney St and Billy Ryan High School (Lat. 33.2088; Long. -97.0778)50 Intersection of S Welch St and W Highland St51Intersection of S Bonnie Brae St and I-35E Frontage Rd NB52Intersection of N Mayhill Rd and E McKinney St53Intersection of S Welch St and W Prairie St / Union Cir54Intersection of S Bell Ave and E Prairie St55Intersection of S Welch St and W Chestnut St / Union Cir56Intersection of S Bell Ave and E Sycamore St57Intersection of S Locust St and E Sycamore St58Intersection of S Elm St and W Sycamore St59Intersection of Loop 288 and E McKinney St60Intersection of S Carroll Blvd and W Mulberry St61Intersection of E McKinney St and Mockingbird Ln62Intersection of N Bell Ave and E Hickory St
GpsID Intersection Name63Intersection of S Locst St and E Hickory St64Intersection of S Elm St and W Hickory St65Intersection of Carroll Blvd and W Hickory St66Intersection of N Welch St and W Hickory St67Intersection of W Hickory St and Fry St / Ave A68Intersection of W Hickory St and Ave B69Intersection of S Bonnie Brea St and W Hickory St70Intersection of N Locust St and E Oak St71Intersection of S Elm St and W Oak St72Intersection of N Carroll Blvd and W Oak St73Intersection of W Oak St and Fry St74Intersection of W Oak St and Jagoe St / Ave C75Intersection of N Woodrow Ln and E McKinney St76Intersection of N Bonnie Brea St and W Oak St77Intersection of E McKinney St and N Wood St78Intersection of N Bell Ave and E McKinney St79Intersection of N Locust St and E McKinney St80Intersection of S Elm St and W McKinney St81Intersection of N Elm St and W Parkway St82Intersection of N Locust St and E Parkway St83Intersection of Mingo Rd and N Bell Ave / Bell Pl84Intersection of N Carroll Blvd and E Parkway St85Intersection of N Carroll Blvd and W Congress St86Intersection of N Carroll Blvd and Crescent St88Intersection of N Bell St and Administration Dr89Intersection of N Bell Ave and Chapel Dr90Intersection of W University Dr and Malone St91Intersection of W University Dr and Fulton St92Intersection of W University Dr and N Bonnie Brae St93Intersection of W University Dr and Town Center Tr94Intersection of W University Dr and I-35 Frontage Rd NB95Intersection of W University Dr and Alice St96Intersection of E University Dr and N Bell Ave97Intersection of E University Dr and N Locust St98Intersection of W University Dr and N Elm St99Intersection of W University Dr and Masch Branch Rd100Intersection of W University Dr and N Carroll Blvd101Intersection of Mingo Rd and Nottingham Dr102Intersection of N Elm St and Sherman Dr103Intersection of N Locust St and Sherman Dr104Intersection of N Carroll Blvd and W Sherman Dr105Intersection of E University Dr and N Ruddell St / Robinwood Ln106Intersection of E University Dr and Loop 288 Frontage Rd SB107Intersection of E University Dr and N Mayhill Rd / Cooper Creek Rd108Intersection of N Bell Ave and E Sherman Dr109Intersection of E University Dr and Mockingbird Ln110Intersection of E University Dr and Nottingham Dr111Intersection of N Elm St and FM 2164112Intersection of N Locust St and FM 2164113Intersection of N Elm St and W Windsor Dr114Intersection of N Locust St and Windsor Dr115Intersection of E Windsor Dr and E Sherman Dr116Intersection of Loop 288 and Kings Row117Intersection of I-35 Frontage Rd NB and N Elm St118Intersection of State of School Rd and I-35E Frontage Rd SB119Intersection of Lillian Miller Pkwy and I-35E Frontage Rd SB120Intersection of Teasley Ln and I-35E Frontage Rd SB121Intersection of Fort Worth Dr and I-35E Frontage Rd SB122Intersection of McCormick St and I-35E Frontage Rd SB123Intersection of S Bonnie Brae St and I-35E Frontage Rd SB124Intersection of W University Dr and I-35 Frontage Rd SB125Intersection of Noth Texas Blvd and I-35E Frontage Rd SB
July 2019
City of DentonADA Transition PlanSignalized Intersection Map
0 1 20.5 Miles
UNIVERSITY DR
US 377I 35 WBONNIE BRAE STELM ST
I 35 EN I 35MCKINNEY ST
FM 2449 MAYHILL RDLOOP 288OAK ST
TEASLEY LNWINDSOR DR E SHERMAN DRLOCUST STFM1830BELL AVEJIM CHRISTAL RD N LOCUST STHICKORY ST
EDR
OBSON
B
L
V
D
AIRPORT RD CARROLL BLVDEAGLE DR
COUNTRY CLUB RDFM 1173
SCRIPTURE ST
ROSELAW N DRHOBSON LN CO
L
O
R
A
DOBLVDBERNARD STSWISHER RDWOODROW LNNOTTINGHAM DRAUDRA LNRINEY RD
STUART RDWILLOWWOOD ST
DALLAS DR
PENNSYLVANIADRROBSON RANCH RD MASCH BRANCH RDSHERMAN DR
COUNTRY CLUB RDEvaluated Sidewalk Corridors
July 2019
City of DentonADA Transition PlanSidewalk Corridor Map
0 1 20.5 Miles
GPS ID Building Name
1 Airport Control Tower
2 Airport LESA
3 Airport Terminal and Admin Building and T-Hanger
4 Alternative Fuel Island
5 American Legion Hall
6 Monsignor King Outreach Center
7 Center for Visual Arts
8 City Hall
9 City Hall East (Municipal Complex)
10 City Hall West (vacant)
11 Civic Center
12 Civic Center Pool
13 Denia Recreation Center
14 Denton Development Center
15 Denton Energy Center
16 Denton Senior Center
17 DME Garage
18 DME Parking Facility
19 ECO W.E.R.C.S at Pecan Creek
20 Electric Administration Building
21 Emily Fowler Library
22 Engineering and Systems Operations
23 Facilities Management
24 Fire Drill Tower (Fire Station #7)
25 Fire Outdoor Classroom (Fire Station #7)
26 Fire Station #2
27 Fire Station #3
28 Fire Station #4
29 Fire Station #5
30 Fire Station #6
31 Fire Station #7
32 Fire Station #8
33 Fire Station Annex (Old #4)
34 Fleet Service Center
35 Household Hazardous Waste Building
36 Landfill Weigh Station
37 Linda McNatt Animal Care and Adoption Center
38 LL WTP - Blower Building
39 LL WTP - Maintenance Building
City of Denton
ADA Self-Evaluation and Transition Plan
Building Listing
11/9/2021
GPS ID Building Name
City of Denton
ADA Self-Evaluation and Transition Plan
Building Listing
11/9/2021
40 LL WTP - Operations Building
41 LL WTP - Ozone Generator Building
42 LRR WTP - Admin Building
43 LRR WTP - Ozone Generation Building
44 Master Recycling Services - Building 101
45 Metering Pit
46 MLK Jr Recreation Center
47 Natatorium
48 New Central Fire Station
49 North Branch Library
50 North Lakes Annex
51 North Lakes Recreation Center
52 PCRP - Administration
53 PCRP - Belt Press Building
54 PCRP - Beneficial Reuse Building
55 PCRP - Electronics Office
56 PCRP - New Administration Building
57 PCRP - Old Blower Building
58 PCRP - Operations Building
59 PCRP - Pretreatment Building
60 Police Firing Range
61 Quebec Hangars
62 Service Center
63 Solid Waste Fleet/Maintenance Shop
64 Solid Waste Maintenance Building
65 Solid Waste Services Building
66 South Branch Library
67 SW Triple Wide
69 Traffic Control
70 Transmission Engineering Department Building
71 Truck Wash
72 Utility Office/Field Operations
GPS ID Intersection Name
1 Intersection of Teasley Ln and Old Alton Rd
2 Intersection of Teasley Ln and Montecito Dr
3 Intersection of Teasley Ln and Hickory Creek Rd
4 Intersection of Teasley Ln and Wheeler Ridge Dr
5 Intersection of Teasley Ln and Robinson Rd
6 Intersection of Teasley Ln and Ryan Rd
7 Intersection of S Mayhill Rd and I-35E Frontage Rd NB
8 Intersection of Teasley Ln and Lillian Miller Pkwy
10 Intersection of Teasley Ln and Nobson Ln
11 Intersection of Fort Worth Dr and Country Club Rd
12 Intersection of Colorado Blvd and Edwards Rd
13 Intersection of Colorado Blvd and Medpark Dr
14 Intersection of Lillian Miller Pkwy and Southridge Dr
15 Intersection of Colorado Blvd and Brinker Rd
16 Intersection of Brinker Rd and Medpark Dr
17 Intersection of Lillian Miller Pkwy and shopping entrance (Lat. 33.1849; Long. -
97.1087)
18 Intersection of Fort Worth Dr and Daniels St
19 Intersection of Lillian Miller Pkwy and I-35E Frontage Rd NB
20 Intersection of Loop 288 and shopping entrance (Lat. 33.1881; Long. -97.1061)
21 Intersection of Loop 288 and Colorado Blvd
22 Intersection of Teasley Ln and Londonderry Ln
23 Intersection of Londonderry Ln and Jason Dr
24 Intersection of Brinker Rd and shopping entrance (Lat. 33.1905; Long. -
97.0958)
25 Intersection of Teasley Ln and shopping entrance (Lat. 33.1914; Long. -
97.1244)
26 Intersection of Loop 288 and shopping entrance (Lat. 33.1915; Long. -97.0993)
27 Intersection of Loop 288 and Brinker Rd
28 Intersection of Colorado Blvd and San Jacinto Blvd
29 Intersection of Teasley Ln and I-35E Frontage Rd NB
30 Intersection of S Mayhill Rd and Spencer Rd
31 Intersection of Loop 288 and Spencer Rd
32 Intersection of Fort Worth Dr and I-35E Frontage Rd NB
33 Intersection of Teasley Ln and US Hwy 77
City of Denton
ADA Self-Evaluation and Transition Plan
Signalized Intersection Listing
11/9/2021
GPS ID Intersection Name
City of Denton
ADA Self-Evaluation and Transition Plan
Signalized Intersection Listing
11/9/2021
34 Intersection of S Woodrow Ln and Spencer Rd
35 Intersection of S Woodrow Ln and Shady Oaks Dr
36 Intersection of Shady Oaks Dr and Kerley St
37 Intersection of McCormick St and I-35E Frontage Rd NB
38 Intersection of S Carroll Blvd / Fort Worth Dr and Collins St
39 Intersection of Loop 288 and Shady Oaks Dr / Morse St
40 Intersection of N Texas Blvd and I-35E Frontage Rd NB
41 Intersection of S Bell Ave and Eagle Dr
42 Intersection of N Texas Blvd and Eagle Dr
43 Intersection of Fort Worth Dr / S Elm St and Eagle Dr
44 Intersection of S Carroll Blvd and Eagle Dr
45 Intersection of Eagle Dr and Bernard St
46 Intersection of S Welch St and Eagle Dr
47 Intersection of Eagle Dr and Ave A
48 Intersection of Eagle Dr and Ave C
49 Intersection of E McKinney St and Billy Ryan High School (Lat. 33.2088; Long. -
97.0778)
50 Intersection of S Welch St and W Highland St
51 Intersection of S Bonnie Brae St and I-35E Frontage Rd NB
52 Intersection of N Mayhill Rd and E McKinney St
53 Intersection of S Welch St and W Prairie St / Union Cir
54 Intersection of S Bell Ave and E Prairie St
55 Intersection of S Welch St and W Chestnut St / Union Cir
56 Intersection of S Bell Ave and E Sycamore St
57 Intersection of S Locust St and E Sycamore St
58 Intersection of S Elm St and W Sycamore St
59 Intersection of Loop 288 and E McKinney St
60 Intersection of S Carroll Blvd and W Mulberry St
61 Intersection of E McKinney St and Mockingbird Ln
62 Intersection of N Bell Ave and E Hickory St
63 Intersection of S Locst St and E Hickory St
64 Intersection of S Elm St and W Hickory St
65 Intersection of Carroll Blvd and W Hickory St
66 Intersection of N Welch St and W Hickory St
67 Intersection of W Hickory St and Fry St / Ave A
68 Intersection of W Hickory St and Ave B
69 Intersection of S Bonnie Brea St and W Hickory St
GPS ID Intersection Name
City of Denton
ADA Self-Evaluation and Transition Plan
Signalized Intersection Listing
11/9/2021
70 Intersection of N Locust St and E Oak St
71 Intersection of S Elm St and W Oak St
72 Intersection of N Carroll Blvd and W Oak St
73 Intersection of W Oak St and Fry St
74 Intersection of W Oak St and Jagoe St / Ave C
75 Intersection of N Woodrow Ln and E McKinney St
76 Intersection of N Bonnie Brea St and W Oak St
77 Intersection of E McKinney St and N Wood St
78 Intersection of N Bell Ave and E McKinney St
79 Intersection of N Locust St and E McKinney St
80 Intersection of S Elm St and W McKinney St
81 Intersection of N Elm St and W Parkway St
82 Intersection of N Locust St and E Parkway St
83 Intersection of Mingo Rd and N Bell Ave / Bell Pl
84 Intersection of N Carroll Blvd and E Parkway St
85 Intersection of N Carroll Blvd and W Congress St
86 Intersection of N Carroll Blvd and Crescent St
88 Intersection of N Bell St and Administration Dr
89 Intersection of N Bell Ave and Chapel Dr
90 Intersection of W University Dr and Malone St
91 Intersection of W University Dr and Fulton St
92 Intersection of W University Dr and N Bonnie Brae St
93 Intersection of W University Dr and Town Center Tr
94 Intersection of W University Dr and I-35 Frontage Rd NB
95 Intersection of W University Dr and Alice St
96 Intersection of E University Dr and N Bell Ave
97 Intersection of E University Dr and N Locust St
98 Intersection of W University Dr and N Elm St
99 Intersection of W University Dr and Masch Branch Rd
100 Intersection of W University Dr and N Carroll Blvd
101 Intersection of Mingo Rd and Nottingham Dr
102 Intersection of N Elm St and Sherman Dr
103 Intersection of N Locust St and Sherman Dr
104 Intersection of N Carroll Blvd and W Sherman Dr
105 Intersection of E University Dr and N Ruddell St / Robinwood Ln
106 Intersection of E University Dr and Loop 288 Frontage Rd SB
107 Intersection of E University Dr and N Mayhill Rd / Cooper Creek Rd
GPS ID Intersection Name
City of Denton
ADA Self-Evaluation and Transition Plan
Signalized Intersection Listing
11/9/2021
108 Intersection of N Bell Ave and E Sherman Dr
109 Intersection of E University Dr and Mockingbird Ln
110 Intersection of E University Dr and Nottingham Dr
111 Intersection of N Elm St and FM 2164
112 Intersection of N Locust St and FM 2164
113 Intersection of N Elm St and W Windsor Dr
114 Intersection of N Locust St and Windsor Dr
115 Intersection of E Windsor Dr and E Sherman Dr
116 Intersection of Loop 288 and Kings Row
117 Intersection of I-35 Frontage Rd NB and N Elm St
118 Intersection of State of School Rd and I-35E Frontage Rd SB
119 Intersection of Lillian Miller Pkwy and I-35E Frontage Rd SB
120 Intersection of Teasley Ln and I-35E Frontage Rd SB
121 Intersection of Fort Worth Dr and I-35E Frontage Rd SB
122 Intersection of McCormick St and I-35E Frontage Rd SB
123 Intersection of S Bonnie Brae St and I-35E Frontage Rd SB
124 Intersection of W University Dr and I-35 Frontage Rd SB
125 Intersection of Noth Texas Blvd and I-35E Frontage Rd SB
City of Denton
ADA Self-Evaluation
& Transition Plan
January 5, 2022
Prepared by:
801 Cherry St
Suite 1300, Unit 11
Fort Worth, TX 76102
i
Table of Contents
Abbreviations ..................................................................................................................... iii
1.0 Introduction.............................................................................................................. 1
1.1 Purpose ............................................................................................................................... 1
1.2 Legislative Mandate ............................................................................................................. 1
1.3 ADA Self-Evaluation and Transition Plan Development Requirements and Process .......... 1
1.4 Discrimination and Accessibility ........................................................................................... 2
1.4.1 Physical Barriers ................................................................................................................... 2
1.4.2 Programmatic Barriers .......................................................................................................... 2
1.4.3 Ongoing Accessibility Improvements .................................................................................... 3
1.4.4 City of Denton Approach ....................................................................................................... 3
1.4.5 Exceptions and Exemptions .................................................................................................. 3
1.5 New Construction and Alterations ....................................................................................... 4
1.6 Maintenance Versus Alterations .......................................................................................... 5
1.7 FHWA Guidance on Closing Pedestrian Crossings ............................................................. 6
1.8 Existing City Programs that Support ADA Compliance ........................................................ 6
2.0 Committee on Persons with Disabilities and Public Outreach Summary ........... 9
2.1 Web Survey ......................................................................................................................... 9
2.2 Web Map ............................................................................................................................. 9
3.0 Self-Evaluation and Summary of Findings .......................................................... 11
3.1 Programs, Procedures, and Policies Review ..................................................................... 11
3.1.1 ADA/504 Coordinator (Title I / Title II) ................................................................................. 11
3.1.2 Roles and Responsibilities of the ADA/504 Coordinator ..................................................... 12
3.1.3 ADA Grievance Policy, Procedure, and Form with Appeals Process for the ADA .............. 12
3.1.4 Public Notice Under the ADA .............................................................................................. 13
3.2 Programs, Services, and Activities Review ........................................................................ 13
3.3 Facilities Self-Evaluation Action Plan ................................................................................ 14
3.4 Existing Facility Inventory .................................................................................................. 14
3.4.1 Buildings and Facilities ........................................................................................................ 15
3.4.2 Parks ................................................................................................................................... 17
3.4.3 Signalized Intersections ...................................................................................................... 19
3.4.4 Sidewalk Corridors .............................................................................................................. 19
3.4.5 Facility Inventory Summary ................................................................................................. 19
3.5 Prioritization ....................................................................................................................... 20
3.5.1 Prioritization Factors for Facilities ....................................................................................... 20
3.6 Facilities Review ................................................................................................................ 24
3.7 Conclusion ......................................................................................................................... 25
4.0 Facility Costs ......................................................................................................... 27
4.1 Facilities Cost Projection Overview ................................................................................... 27
4.2 Implementation Schedule .................................................................................................. 28
4.3 Funding Opportunities ....................................................................................................... 28
4.3.1 Federal and State Funding .................................................................................................. 28
4.3.2 Local Funding ...................................................................................................................... 31
ii
4.3.3 Private Funding ................................................................................................................... 31
4.4 Next Steps ......................................................................................................................... 31
Appendix ........................................................................................................................... 33
Appendix A: Public Outreach
Public Meeting Notes and Agenda
Public Comments Summary
Appendix B: Grievance Procedure
Title II Grievance Procedure
Appendix C: FHWA ADA Transition Plan Process Memo
Appendix D: Facility Maps
Buildings
Parks
Paved Trails
Unpaved Trails
Signalized Intersections
Public Rights-of-Way Sidewalk Corridors
Appendix E: Facility Reports
E1: Buildings
E2: Parks and Trails
E3: Signalized Intersections and Public Rights-of-Way Sidewalk Corridors
Appendix F: ADA Action Log
Appendix G: Programs, Services, and Activities Review
iii
List of Tables
Table 1. City Buildings .............................................................................................................................. 15
Table 2a. City Parks ................................................................................................................................... 17
Table 2b. City Park Trails .......................................................................................................................... 18
Table 3. Prioritization Factors for Buildings, Parks, and Trails ............................................................. 21
Table 4. Prioritization Factors for Signalized Intersections ................................................................... 22
Table 5. Prioritization Factors for Sidewalk Corridors and Curb Ramps .............................................. 23
Table 6. Condition Index Rating for Sidewalk Corridors and Unsignalized Intersection Curb
Ramps ......................................................................................................................................................... 24
Table 7. Summary of Facility Costs ......................................................................................................... 27
Table 8. Implementation Schedule ........................................................................................................... 28
Table 9. Funding Opportunities ................................................................................................................ 30
List of Figures
Figure 1. Maintenance versus Alteration Projects .................................................................................... 6
Abbreviations
ADA – Americans with Disabilities Act
CFR – Code of Federal Regulations
CIP – Capital Improvement Program
DOJ – United States Department of Justice
EITA – Electronic and Information Technology Accessibility
FHWA – Federal Highway Administration
MUTCD – Manual on Uniform Traffic Control Devices
PROWAG – Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way
PSA – Programs, Services, and Activities
TxDOT – Texas Department of Transportation
WAVE – Web Accessibility Evaluation Tool
iv
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1
1.0 Introduction
1.1 Purpose
The purpose of this Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan is to summarize the
current state of ADA accessibility compliance and to provide a roadmap for the City of Denton to execute, monitor,
and update their ADA Transition Plan. Prioritization methodology for evaluating and implementing improvements was
developed based on the applicable 2010 ADA Standards and 2011 Proposed Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way (PROWAG), and the details are provided in this document.
This document includes an overview of the ADA and provides recommendations for the City of Denton based on
guidance from the Federal Highway Administration (FHWA) and U.S. Department of Justice (DOJ) to improve
accessibility for the public.
1.2 Legislative Mandate
The Americans with Disabilities Act (ADA) is a civil rights law that mandates equal opportunity for individuals with
disabilities. The ADA is comprised of five titles as described below, with Title II having the broadest impact on state
and local governments. Additional information about the five titles of the ADA can be found at https://adata.org/learn-
about-ada.
Title I: Employment, requiring equal employment opportunity for individuals with disabilities.
Title II: State and Local Government, requiring non-discrimination on the basis of disability for members of the public
served by state and local governments.
Title III: Public Accommodations, requiring non-discrimination on the basis of disabilities by non-government
providers of public accommodations and in commercial facilities.
Title IV: Telecommunications, requiring telephone and internet companies to provide a nationwide system of
telecommunications relay services that allow individuals with hearing and speech disabilities to communicate over
the telephone.
Title V: Miscellaneous Provisions, including a variety of provisions relating to the ADA.
The ADA prohibits discrimination in access to jobs, public accommodations, government services, public
transportation, and telecommunications. Title II of the ADA also requires that all programs, services, and activities
(PSAs) of public entities provide equal access for individuals with disabilities.
The City of Denton has prepared this Transition Plan to identify barriers to accessibility and plan for implementation
of strategies for barrier removal.
1.3 ADA Self-Evaluation and Transition Plan Development Requirements and Process
The City of Denton is obligated to observe all requirements of Title I in its employment practices; Title II in its policies,
programs, and services; any parts of Titles IV and V that apply to the City and its programs, services, or facilities; and
all requirements specified in the 2010 ADA Standards and 2011 Proposed Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way (PROWAG) that apply to facilities and other physical holdings.
Title II has the broadest impact on the City. Included in Title II are administrative requirements for all government
entities employing more than 50 people. These administrative requirements are:
2
• Completion of a Self-Evaluation;
• Development of an ADA complaint procedure;
• Designation of at least one (1) person who is responsible for overseeing Title II compliance; and
• Development of a Transition Plan to schedule the removal of the barriers uncovered by the Self-Evaluation
process. The Transition Plan will become a working document until all barriers have been addressed.
This document describes the process developed to complete the evaluation of the City of Denton’s PSAs and
facilities, provides possible solutions to remove programmatic barriers, and presents a Transition Plan for the
modification of facilities and public rights-of way to improve accessibility, which will guide the planning and
implementation of necessary program and facility modifications over the next 30 years. The ADA Self-Evaluation and
Transition Plan is significant in that it establishes the City’s ongoing commitment to the development and
maintenance of PSAs and facilities that accommodate all its citizenry.
1.4 Discrimination and Accessibility
Program accessibility means that, when viewed in its entirety, each program is readily accessible to and usable by
individuals with disabilities. A person with a disability is defined as someone who has a physical or mental impairment
that substantially limits one or more major life activity. More information regarding what defines a disability can be
found at https://adata.org/faq/what-definition-disability-under-ada. Program accessibility is necessary not only for
individuals with mobility needs, but also to individuals with sensory and cognitive disabilities.
Accessibility applies to all aspects of a program or service, including but not limited to physical access,
advertisement, orientation, eligibility, participation, testing or evaluation, provision of auxiliary aids, transportation,
policies, and communication.
The following are examples of elements that should be evaluated for barriers to accessibility:
1.4.1 Physical Barriers
• Parking
• Path of travel to, throughout, and between buildings and amenities
• Access to amenities such as swimming pools, playgrounds, elevators benches, and trash cans
• Doors
• Service counters
• Restrooms
• Drinking fountains
• Public telephones
• Path of travel along sidewalk corridors within the public rights-of-way
• Access to pedestrian equipment at signalized intersections
1.4.2 Programmatic Barriers
• Building signage
• Customer communication and interaction
• Emergency notifications, alarms, and visible signals
• Participation opportunities for City sponsored events
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1.4.3 Ongoing Accessibility Improvements
City PSAs and facilities evaluated during the Self-Evaluation will continue to be evaluated on an ongoing basis, and
the ADA Transition Plan will be revised to account for changes that have been or will be completed since the initial
Self-Evaluation. This Plan will be made available to the public through posting on the City's website.
1.4.4 City of Denton Approach
The purpose of the Transition Plan is to provide the framework for achieving equal access to the City of Denton’s
PSAs within a reasonable timeframe. The City's elected officials and staff believe that accommodating persons with
disabilities is essential to good customer service, ensures the quality of life Denton residents seek to enjoy, and
guides future improvements. This Plan has been prepared after careful evaluation of all City facilities. Additionally,
the City plans to complete a full evaluation of all programs, services, and activities in a future project phase.
The City of Denton is committed to making reasonable modifications in PSAs when the modifications are necessary
to avoid discrimination based on disability, unless the City can demonstrate that making the modifications will
fundamentally alter the nature of the program, service, or activity. The City of Denton will not place surcharges on
individuals with disabilities to cover the cost involved in making PSAs accessible.
1.4.5 Exceptions and Exemptions
A municipality is not required to take any action that would create any undue financial or administrative burden for the
public entity, create a hazardous condition for other people, or threaten or destroy the historic significance of a
historic property.
In determining whether an alteration would impose an undue financial or administrative burden on a covered entity,
factors to be considered include: (i) the nature and cost of the alteration needed; (ii) the overall financial resources of
the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed
at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the
operation of the facility; (iii) the overall financial resources of the covered entity; the overall size of the business of a
covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) the
type of operation or operations of the covered entity, including the composition, structure, and functions of the
workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities
in question to the covered entity.
In determining whether an alteration would threaten or destroy the historic significance of a historic property, the City
should first confirm if the property is on the National Register of Historic Places. Based on a search of the National
Register of Historic Places NPGallery Database (https://npgallery.nps.gov/nrhp) and the associated geodatabase
(https://irma.nps.gov/DataStore/Reference/Profile/2210280), there are eight (8) historical places within the City of
Denton including the Cranston Site, Denton County Courthouse, Denton County Courthouse Square Historic District,
the J. C. Lambert Site, Rector Road Bridge, the Rock-Griffith Site, the A. H. Serren Site, and the Wilson-Donaldson
Site. There may be other documentation available not provided on these websites.
A municipality is not necessarily required to make each of its existing facilities accessible to and usable by individuals
with disabilities. In the event the City determines a proposed action would generate undue financial or administrative
burden, create a hazardous condition for other people, or threaten or destroy the historic significance of a historic
property, a municipality has a responsibility to communicate and document the decision and the methodology used to
reach it. If an action would result in such an alteration or such burdens, a municipality shall take any other actions
that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with
disabilities receive the benefits or services provided by the City.
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1.5 New Construction and Alterations
If the start date for construction is on or after March 15, 2012, all newly constructed or altered state and local
government facilities must comply with the 2010 ADA Standards for Accessible Design. Before that date, the 1991
Standards (without the elevator exemption), the Uniform Federal Accessibility Guidelines, or the 2010 ADA
Standards may be used for such projects when the start of construction commences on or after September 15, 2010.
The most recent standard is the 2010 ADA Standards for Accessible Design, which sets the minimum requirements –
both scoping and technical – for newly designed and constructed or altered state and local government facilities,
public accommodations, and commercial facilities to be readily accessible to and usable by individuals with
disabilities. It is effectuated from 28 Code of Federal Regulations (CFR) 35.151 and the 2004 Americans with
Disabilities Act Accessibility Guidelines (ADAAG). However, the FHWA and DOJ recommend using PROWAG for
designing facilities within the public rights-of-way as a best practice until it is adopted at the federal level. Additionally,
the Texas Department of Transportation (TxDOT) has adopted PROWAG and incorporated the guidelines into design
standards for pedestrian facilities. The Manual on Uniform Traffic Control Devices (MUTCD) is also incorporated by
reference within PROWAG. The City of Denton has generally adopted PROWAG and incorporated the guidelines into
the City’s design criteria. This allows for enforcement of these guidelines for all City projects within the public rights-
of-way, regardless of the adoption status at the state and federal level.
2010 ADA Standards for Accessible Design
The Department of Justice’s revised regulations for Titles II and III of the Americans with Disabilities Act of
1990 were published in the Federal Register on September 15, 2010. These regulations adopted revised,
enforceable accessibility standards called the 2010 ADA Standards for Accessible Design, "2010
Standards." On March 15, 2012, compliance with the 2010 Standards was required for new construction and
alterations under Titles II and III. March 15, 2012 is also the compliance date for using the 2010 Standards
for program accessibility and barrier removal.
PROWAG
The U.S. Access Board is developing new guidelines for public rights-of-way that will address various
accessibility issues, including access for blind pedestrians at street crossings, wheelchair access to on-
street parking, and various constraints posed by space limitations, roadway design practices, slope, and
terrain. The new guidelines will cover pedestrian access to sidewalks and streets, including crosswalks, curb
ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. The
Board’s aim in developing these guidelines is to ensure that access for persons with disabilities is provided
wherever a pedestrian way is newly built or altered, and that the same degree of convenience, connection,
and safety afforded the public generally is available to pedestrians with disabilities. Once these guidelines
are adopted by the Department of Justice, they will become enforceable standards under Title II of the ADA.
However, in a memorandum date January 23, 2006 from the Federal Highway Administration, the draft
PROWAG is the recommended best practice and can be considered the state of the practice that could be
followed for areas not fully addressed by the 2010 ADA Standards for Accessible Design.
In the state of Texas, the Texas Administrative Code (TAC) references PROWAG compliance for elimination
of barriers for public rights-of-way projects. Similarly, the Texas Department of Licensing and Regulation
(TDLR) has incorporated PROWAG into their Texas Accessibility Standards (TAS) and site review process.
As projects are completed, TDLR inspections are required to review compliance with these standards.
MUTCD
Traffic control devices shall be defined as all signs, signals, markings, and other devices used to regulate,
warn, or guide traffic. These devices are placed on, over, or adjacent to a street, highway, pedestrian
facility, bikeway, or private road open to public travel by authority of a public agency or official having
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jurisdiction, or, in the case of a private road, by authority of the private owner or private official having
jurisdiction. The Manual on Uniform Traffic Control Devices is incorporated by reference in 23 CFR Part
655, Subpart F and shall be recognized as the national standard for all traffic control devices installed on
any street, highway, bikeway, or private road open to public travel in accordance with 23 U.S.C. 109(d) and
402(a). The policies and procedures of the FHWA to obtain basic uniformity of traffic control devices shall be
as described in 23 CFR 655, Subpart F.
It should be noted that the Texas Manual on Uniform Traffic Control Devices (TMUTCD) is incorporated by
reference in the TAC and shall be recognized as the Texas standard for all traffic control devices installed
on any public street, highway, bikeway, or private road open to public travel.
1.6 Maintenance Versus Alterations
The DOJ has issued a briefing memorandum on clarification of maintenance versus alteration projects. Information
contained in the briefing memorandum is below. We recommend this clarification be distributed to the appropriate
City of Denton staff regarding when curb ramp installations (where curb ramps are missing) or curb ramp
improvements (where existing curb ramps are non-compliant) are required within the limits of a project.
The Americans with Disabilities Act of 1990 (ADA) is a civil rights statute prohibiting discrimination against
persons with disabilities in all aspects of life, including transportation, based on regulations promulgated by
the United States Department of Justice (DOJ). DOJ’s regulations require accessible planning, design, and
construction to integrate people with disabilities into mainstream society. Further, these laws require that
public entities responsible for operating and maintaining the public rights-of-way do not discriminate in their
programs and activities against persons with disabilities. FHWA’s ADA program implements the DOJ
regulations through delegated authority to ensure that pedestrians with disabilities have the opportunity to
use the transportation system’s pedestrian facilities in an accessible and safe manner.
FHWA and DOJ met in March 2012 and March 2013 to clarify guidance on the ADA’s requirements for
constructing curb ramps on resurfacing projects. Projects deemed to be alterations must include curb ramps
within the scope of the project.
This clarification provides a single Federal policy that identifies specific asphalt and concrete-pavement
repair treatments that are considered to be alterations – requiring installation of curb ramps within the scope
of the project – and those that are considered to be maintenance, which do not require curb ramps at the
time of the improvement. Figure 1 provides a summary of the types of projects that fall within maintenance
versus alterations.
This approach clearly identifies the types of structural treatments that both DOJ and FHWA agree require
curb ramps (when there is a pedestrian walkway with a prepared surface for pedestrian use and a curb,
elevation, or other barrier between the street and the walkway) and furthers the goal of the ADA to provide
increased accessibility to the public right-of-way for persons with disabilities. This single Federal policy will
provide for increased consistency and improved enforcement.
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Figure 1. Maintenance versus Alteration Projects
Source: DOJ Briefing Memorandum on Maintenance versus Alteration Projects
1.7 FHWA Guidance on Closing Pedestrian Crossings
An alteration that decreases or has the effect of decreasing the accessibility of a facility below the requirements for
new construction at the time of the alternation is prohibited. For example, the removal of an existing curb ramp or
sidewalk (without equivalent replacement) is prohibited. However, the FHWA has indicated a crossing may be closed
if an engineering study (performed by the City and not included in the scope of this Transition Plan) determines the
crossing is not safe for any user. The crossing should be closed by doing the following:
• A physical barrier is required to close a crossing at an intersection. FHWA has determined that a strip of
grass between the sidewalk and the curb IS acceptable as a physical barrier.
• A sign should be used to communicate the closure.
Agencies wishing to close certain intersection crossings should have a reasonable and consistent policy on when to
do so. If safety concerns are established by an engineering study, a pedestrian crossing should not be
accommodated for any user. The City will consider closing an existing pedestrian crossing, including those that are
accommodated based on the existing conditions at the crossing location (e.g., existing sidewalk leading up to the
curb in the direction of the crossing or existing curb ramp or crosswalk serving the crossing), if it is determined to be
unsafe by an engineering study.
1.8 Existing City Programs that Support ADA Compliance
The City of Denton currently implements ADA compliant designs and improvements through the following efforts:
ADA Maintenance ADA Alterations Crack Filling and Sealing Surface Sealing Chip Seals Slurry Seals Fog Seals Scrub Sealing Joint Crack Seals Joint repairs Dowel Bar Retrofit Spot High-Friction Treatments Diamond Grinding Pavement Patching Open-graded Surface Course Cape Seals Mill & Fill / Mill & Overlay Hot In-Place Recycling Microsurfacing/Thin Lift Overlay Addition of New Layer of Asphalt Asphalt and Concrete Rehabilitation and Reconstruction New Construction
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• City Streets Department performs maintenance and repairs to existing sidewalks, ramps, and traffic signals
to achieve ADA compliance for non-compliant features.
• City Capital Projects and Engineering Department provides specifications and standards for installation of
new sidewalks and curb ramps being constructed by the City or any entity constructing improvements in the
public rights of way.
• City Public Works Inspections Department inspects and accepts recent improvements to ensure compliance
with relevant standards and ADA criteria.
• City Parks and Recreation Department has completed the following actions:
o Installation of new benches and associated clear space in parks
o Inspection of recently constructed projects to ensure compliance with relevant standards
o Hiring of Adapted and Inclusive Recreation Coordinator to help grow Park and Recreation
programming
o Coordinating with the Denton Parks Foundation to develop a fundraising program for a future
inclusive playground
o Integration of the City’s ADA Transition Plan into the Parks, Recreation, and Trails System Master
Plan
o Presentation of City’s ADA Transition Plan to Parks, Recreation, and Beautification Board in
December 2021.
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2.0 Committee on Persons with Disabilities and Public
Outreach Summary
The City of Denton has received public input on the development of the Transition Plan through public meetings
which were hosted on April 18, 2019, at 6:00 PM and March 18, 2021 at 3:00 PM. The meeting was attended by
members of the City’s Committee on Persons with Disabilities as well as other members of the general public. The
City will continue to solicit feedback from the public on the Transition Plan.
Public meeting materials and summaries are provided in Appendix A.
2.1 Web Survey
The City also developed a web survey that was open to the public. The survey was designed to help the City locate
areas of greatest concern to the public and help provide better access to the community.
Survey comment response have been summarized in the bullets below, and all comments received have been provided
in Appendix A.
Survey response feedback summary:
• The City is generally accepting and accommodating of persons with disabilities, though there are still
improvements to be made.
• Sidewalk with obstructions such as utility poles, broken panels, utility boxes, and trees limit access.
• Construction limits access, ensure adequate alternate routes are provided during periods of construction.
• Connectivity of the pedestrian sidewalk network and the frequency of “missing sidewalk” sections should be
considered where there are small gaps in the sidewalk. While not specifically a barrier based on accessibility,
the gaps are problematic for all users.
2.2 Web Map
The City also developed an online map to allow the public to identify specific locations where they experience issues
related to accessibility, safety, connectivity, or suggestions for accessibility improvements that are needed in Denton.
The web survey and map were sent out through social media and emailed to members of the Committee on Persons
with Disabilities for redistribution. Opportunities for public feedback were publicized during the summer of 2019 and
again during the spring and summer of 2021. These resources will continue to serve as a tool to solicit feedback from
the public on the Transition Plan.
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3.0 Self-Evaluation and Summary of Findings
The City of Denton’s ADA Transition Plan currently reflects a comprehensive review of City-maintained building
facilities, parks, signalized intersections, public rights-of-way sidewalks, and associated curb ramps. The Transition
Plan will be updated to include the results of a comprehensive review of the programs, services, and activities
provided to employees and the public once these elements are completed in a future phase.
3.1 Programs, Procedures, and Policies Review
Under the ADA, the City of Denton is required to complete a Self-Evaluation of the City’s facilities, programs, policies,
and practices. The Self-Evaluation identifies and provides possible solutions to those policies and practices that are
inconsistent with Title II requirements. To be compliant, the Self-Evaluation should consider all the City’s PSAs, as
well as the policies and practices the City uses to implement its various programs and services.
Strategies to achieve program accessibility include but are not limited to:
(1) Relocation of programs to accessible facilities;
(2) Modifications to existing programs so they are offered in an accessible manner;
(3) Structural alteration of an existing facility;
(4) Policy modifications to ensure nondiscrimination; and
(5) Auxiliary aids provided to produce effective communication.
3.1.1 ADA/504 Coordinator (Title I / Title II)
Under the ADA Title II, when a public entity has 50 or more employees based on an entity-wide employee total count,
the entity is required to designate at least one (1) qualified responsible employee to coordinate compliance with ADA
requirements. The name, office address, and telephone number of this individual must be available and advertised to
employees and the public. This allows for someone to assist with questions and concerns regarding disability
discrimination to be easily identified.
ADA/504 Coordinator: Self-Evaluation Findings
The City of Denton has appointed three separate ADA Coordinators, each serving a different area of responsibility for
the City. Below is their contact information.
Deby Skawinski, ADA Coordinator
Human Resources
Scott Gray, ADA Coordinator
City Facilities
Nathan George, AICP, ADA Coordinator
Capital Projects and Engineering
601 E. Hickory St., Suite A, Human Resources
Denton, TX 76205
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Office: 940-349-7810
Relay: 1-800-735-2989
Main Line: 940-349-8200
ada@cityofdenton.com
This information is posted on the Americans with Disabilities Act Notice page on the City website (here:
https://www.cityofdenton.com/499/Americans-with-Disabilities-Act-ADA-Noti).
The City may consider having only a single official ADA coordinator, and have representatives from other City
departments serve as ADA Liaisons. The ADA Liaisons would be responsible for tasks that are specific to their
department, and all information would be funneled through the single ADA Coordinator. This format allows for a
single point of contact when member of the public is seeking the City’s ADA Coordinator to file a grievance or ask a
question. The ADA Coordinator’s information should be prominently displayed in common areas that are accessible
to all employees and areas open to the public. Also, the ADA Coordinator contact information should be included in
materials that are distributed from the City as part of the public notice under the ADA described in Section 4.1.4. This
includes posting this information on the website. More information is available in Chapter 2 of the ADA best practice
toolkit here: https://www.ada.gov/pcatoolkit/chap2toolkit.htm.
3.1.2 Roles and Responsibilities of the ADA/504 Coordinator
Below is a list of qualifications for ADA Coordinators that are recommended by U.S. Department of Justice:
• Familiarity with the entity’s structures, activities, and employees;
• Knowledge of the ADA and other laws addressing the rights of people with disabilities, such as Section 504 of
the Rehabilitation Act;
• Experience with people with a broad range of disabilities;
• Knowledge of various alternative formats and alternative technologies that enable individuals with disabilities to
communicate, participate, and perform tasks;
• Ability to work cooperatively with local entities and people with disabilities;
• Familiarity with any local disability advocacy groups or other disability groups;
• Skills and training in negotiation and mediation; and
• Organizational and analytical skills.
3.1.3 ADA Grievance Policy, Procedure, and Form with Appeals Process for the ADA
Local governments with 50 or more employees are required to adopt and publish procedures for resolving grievances
in a prompt and fair manner that may arise under Title II of the ADA. Neither Title II nor its implementing regulations
describe what ADA grievance procedures must include; however, the U.S. Department of Justice suggests the follow
content:
• A description of how and where a compliant under Title II may be filed with the government entity;
• If a written compliant is required, a statement notifying potential complainants that alternative means of filing will
be available to people with disabilities who require such an alternative;
• A description of the time frames and processes to be followed by the complainant and the government entity;
• Information on how to appeal an adverse decision; and
• A statement of how long compliant files will be retained.
ADA Grievance Policy, Procedure, and Form with Appeals Process for the ADA (Title II): Completed Actions
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• The City has established a Title II ADA grievance policy, procedure, and form with an appeals process, that is
available in alternative formats so that it is accessible to all people with disabilities.
• A copy of the Title II Grievance Procedure which includes a link to the City’s online grievance form have been
provided in Appendix B.
3.1.4 Public Notice Under the ADA
The ADA public notice requirement applies to all state and local governments covered by Title II, including entities
with fewer than 50 employees. The target audience for the public notice includes applicants, beneficiaries, and other
people interested in the entity’s programs, services, and activities. This notice is required to include information
regarding Title II of the ADA and how it applies to the programs, services, and activities of the public entity. The
Department of Justice suggests including brief statements about:
• Employment;
• Effective communication;
• Making reasonable modifications to policies and programs;
• Not placing surcharges on modifications or auxiliary aids and services; and
• Filing complaints.
Public Notice Under the ADA: Completed Actions
• The City has published an ADA Public Notice, which is available on the Americans with disabilities act notice
page on the City’s website (here: https://www.cityofdenton.com/499/Americans-with-Disabilities-Act-ADA-Noti).
3.2 Programs, Services, and Activities Review
The City of Denton will compile a list of all City programs, services, and activities for compliance with Title II of the
ADA in a future phase. The City will evaluate current status regarding ADA requirements including eligibility
requirements, participation requirements, facilities used, staff training, tours, transportation, communication,
notifications, public meetings, the use of contracted services, purchasing, maintenance of accessible features, and
emergency procedures.
The inventory and Self-Evaluation of these PSAs will be completed in a future project phase and updates to the City’s
Transition Plan will be made to include findings and possible solutions for identified barriers. Detailed information
related to the status of the City’s programs, services, and activities will be contained in Appendix G.
When choosing a method of providing program access, the City should attempt to give priority to the method that
promotes inclusion among all users, including individuals with disabilities.
PSAs offered by the City to the public must be accessible. Accessibility applies to all aspects of a program, services,
or activity, including advertisement, orientation, eligibility, participation, testing or evaluation, physical access,
provision of auxiliary aids, transportation, policies, and communication.
However, the City does not have to take any action that will result in a fundamental alteration in the nature of a
program or activity, create a hazardous condition for other people, or result in an undue financial and/or
administrative burden. This determination can only be made by the ADA/504 Coordinators and/or an authorized
designee of the City, such as the City Manager or their designee and must be accompanied by a written statement
detailing the reasons for reaching the determination.
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The determination of undue burden must be based on an evaluation of all resources available for use. If a barrier
removal action is deemed unduly burdensome, the City must consider all other options for providing access that will
ensure that individuals with disabilities receive the benefits and services of the program or activity. This process must
be fully documented.
3.3 Facilities Self-Evaluation Action Plan
The Federal Highway Administration (FHWA) has provided guidance on the ADA Transition Plan process in their
“INFORMATION AND ACTION: ADA Transition Plan Process” memo dated November 17, 2015 (see Appendix C).
While this memo specifically addresses State Departments of Transportation, FHWA also recommends this guidance
for local municipalities until municipality-specific guidance is developed by FHWA. The memo includes a checklist for
elements to be included in an ADA Transition Plan and other ADA requirements that agencies must fulfill.
Items included in the FHWA checklist related to the public rights-of-way are:
• Inventory of Barriers (identification of physical obstacles)
o Identify intersection information, including curb ramps and other associated accessibility elements.
o Require an Action Plan to develop an inventory of sidewalks (slopes, obstructions, protruding
objects, changes in level, etc.), signals (including accessible pedestrian signals), bus stops (bus
pads), buildings, parks and amenities, parking, rest areas (tourist areas, picnic areas, visitor
centers, etc.), mixed use trails, linkages to transit.
o Discuss jurisdictional issues/responsibilities for sidewalks.
• Schedule
o Show a strong commitment toward upgrading ADA elements identified in the inventory of barriers
in the short-term (planned capital improvement projects and maintenance activities).
o Show a strong commitment over time toward prioritizing curb ramps at walkways serving entities
covered by the ADA.
o Schedule should include prioritization information, planning, and investments directed at
eliminating other identified barriers over time.
Dedicate resources to eliminate identified ADA deficiencies.
• Implementation Methods
o Describe the methods that will be used to make the facilities accessible and include the governing
standard (e.g., 2010 ADA Standards, 2011 PROWAG).
The City of Denton has evaluated all City-owned and/or maintained facilities for compliance with 2010 ADA
Standards for Accessible Design, the 2012 Texas Accessibility Standards, and 2011 Proposed Accessibility
Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG).
3.4 Existing Facility Inventory
The first step in completing a Self-Evaluation Action Plan is understanding what facilities the City is responsible for
maintaining and where each of these facilities is located. The existing facility inventory includes City-owned or
maintained buildings, parks, signalized intersections, and sidewalk corridors that existed at the time this Transition
Plan was developed (2019 for intersections and sidewalks and 2021 for building and park facilities). Inventories for
buildings, parks, signalized intersections, and sidewalk corridors have been developed and are summarized in the
following sections.
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3.4.1 Buildings and Facilities
All City-maintained buildings and facilities have been inventoried through coordination with City staff and documented
in a map and ArcGIS-based geodatabase. The inventory resulted in documentation of 72 City-maintained buildings
that are listed in Table 1 and shown on a map in Appendix D.
If a City of Denton employee requests an accommodation to work at an employee-only area in one of the buildings
where all requirements for public access have not been met, the City will evaluate the associated elements at that
property at the time of the request per ADA Title I requirements for employers.
Table 1. City Buildings
Buildings
Location Name Property Address
1. Civic Center 321 E McKinney St.
2. Civic Center Pool 515 N Bell Ave.
3. Denton Senior Center 509 N Bell Ave.
4. Natatorium 2400 Long Rd.
5. Denia Recreation Center 1001 Parvin St.
6. MLK Jr Recreation Center 1300 Wilson St.
7. American Legion Hall Senior Center 629 Lakey St.
8. North Lakes Recreation Center 2001 W Windsor Dr.
9. Airport Control Tower 5003 Airport Road
10. Airport LESA 4550 Schweizer
11. Airport Terminal & Admin Building 5000 Airport Road
12. Quebec Hangars 2031 - 2241 Skylane
13. T-Hanger 5000 Airport Road
14. Monsignor King Outreach Center 300 Woodrow Lane
15. Electric Administration Building 1659 Spencer Rd
16. Engineering and Systems Operations 1685 Spencer Road
17. Transmission Engineering Department
Building 1671 Spencer Road
18. Metering Pit 1701 Spencer Road
19. DME Garage 1701 Spencer Road
20. Utility Office/Field Operations 1701-C Spencer Road
21. DME Parking Facility 1701 D. Spencer Road
22. Facilities Management 869 S. Woodrow
23. New Central Fire Station 332 E. Hickory
24. Fire Station #2 110 Mockingbird Lane
25. Fire Station #3 1204 McCormick
26. Fire Station Annex (Old #4) 2110 Sherman Drive
27. New Fire Station #4 2116 E. Sherman Drive
28. Fire Station #5 2230 Windsor
29. Fire Station #6 3232 Teasley Lane
30. Fire Station #7 4201 Vintage Blvd.
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Table 1. City Buildings (continued)
Buildings
31. Fire Drill Tower (Fire Station #7) 4201 Vintage Blvd.
32. Fire Outdoor Classroom (Fire Station #7) 4111 Vintage Blvd.
33. Fire Station #8 3131 Colorado Boulevard
34. City Hall 215 East McKinney Street
35. Emily Fowler Library 405 Oakland
36. North Branch Library 3020 N. Locust
37. South Branch Library 3228 Teasley Lane
38. Fleet Service Center 801 Texas Street
39. Service Center 801 Texas Street
40. Traffic Control 801 Texas Street
41. Center for Visual Arts 400 E. Hickory Street
42. North Lakes Annex 1117 Riney Road
43. Linda McNatt Animal Care & Adoption Center 3717 N. Elm Street
44. Police Firing Range Airport Road
45. SW Triple Wide 527 S. Mayhill Road
46. ECO-W.E.R.C.S. @ Pecan Creek 651 Mayhill Road
47. Master Recycling Svcs - Building 101 1001 S. Mayhill Road
48. Landfill Weigh Station 1527 S. Mayhill Road, #104
49. Household Hazardous Waste Building 1527 S. Mayhill, Building 300
50. Solid Waste Maintenance Building 1527 S. Mayhill Road
51. Solid Waste Services Building 1527 S. Mayhill Road
52. Truck Wash 1521 S. Mayhill Road
53. Alternative Fuel Island 1521 S. Mayhill Road
54. City Hall East (Municipal Complex) 601 East Hickory
55. City Hall West (vacant) 221 North Elm Street
56. Denton Development Center 401 N. Elm Street
57. PCRP - Administration 1100 Mayhill Road
58. PCRP - Belt Press Building 1100 Mayhill Road
59. PCRP - Beneficial Reuse Building 1100 Mayhill Road
60. PCRP - Electronics Office 1100 Mayhill Road
61. PCRP - New Administration Building 1100 Mayhill Road
62. PCRP - Old Blower Building 1100 Mayhill Road
63. PCRP - Operations Building 1100 Mayhill Road
64. PCRP - Pretreatment Building 1100 Mayhill Road
65. LL WTP - Blower Building 1701-B Spencer Road
66. LL WTP - Maintenance Building 1701-B Spencer Road
67. LL WTP - Operations Building 1701-B Spencer Road
68. LL WTP - Ozone Generator Building 1701-B Spencer Road
69. LRR WTP - Admin Building 16525 Lake Ray Roberts Road
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Table 1. City Buildings (continued)
Buildings
70. LRR WTP - Ozone Generation Building 16525 Lake Ray Roberts Road
71. Denton Energy Center 8161 Jim Christal Road
72. Solid Waste Fleet/Maintenance Shop 1527 S. Mayhill Road
3.4.2 Parks
All City-maintained parks have been inventoried and documented in a map and ArcGIS-based geodatabase. 38 City-
maintained parks are listed in Table 2a and shown on a map in Appendix D. Within the parks, 22 paved trails and
three (3) unpaved trails were identified as part of the facility inventory. These trails are listed in Table 2b and shown
on a map in Appendix D.
Table 2a. City Parks
Parks
Location Name Property Address
1. Goldfield Tennis Center and North Lakes Park
Driving Range 2005 W Windsor Dr.
2. Briercliff Park 3200 State School Road
3. Industrial Park 108 Industrial St
4. Nette Shultz Park 1517 Mistywood Lane
5. North Lakes Park
Soccer Office and Concession Stand
#3 Pavillion
Football Concession Stand
Softball Concession Stand
Soccer Concession Stand
Vela Concession Stand
2001 W Windsor Dr
6. Quakertown Park 700 Oakland St
7. South Lakes Park 556 Hobson Lane
8. IOOF Cemetery 711 S Carroll Blvd
9. Oakwood Cemetery 500 S Bradshaw
10. Avondale Park 2021 Devonshire Dr
11. Carl Young, Sr. Park 327 S Wood St
12. Cross Timbers Park South 8402 Clear River Ln
13. Denia Park
Concession Stand 1001 Parvin St
14. Evers Park
North Baseball Concession Stand
South Baseball Concession Stand
3201 N Locust St
15. Fred Moore Park 500 S Bradshaw St
16. Lake Forest Park 1760 E. Ryan Rd
17. Mack Park
Baseball Concession Stand 1700 E. McKinney St.
18. Martin Luther King Jr. Park 1300 Wilson St
18
Table 2a. City Parks (continued)
Parks
Location Name Property Address
19. McKenna Park 700 N Bonnie Brae
20. Skate Works 2400 Long Road
21. Spc. Ernest W. Dallas Jr. Veterans Memorial
Park 6100 Sunray Dr
22. Water Works Park 2400 Long Road
23. Bowling Green Park 2200 Bowling Green St
24. Carnegie Ridge Park (Patrick) 6500 Ridglea Court
25. Cross Timbers Park North 7601 Waterside Pl
26. Cooper Creek Linear Park 1511 Stuart Rd
27. Cooper Glen Park 3330 N Locust St
28. Sherman Park 1400 Stuart Rd
29. Frontier Park 3001 Frontier Drive
30. Jimmy Carter Park 2603 N Bell Ave Tx
31. Joe Skiles Park 1721 Stonegate Dr
32. Milam Park 256 Mockingbird Lane
33. North Pointe Park 1400 W. Hercules Lane
34. Owsley Park 2425 Stella St
35. Sequoia Park 1404 E University Dr
36. Wheeler Ridge Park 3100 Lipizzan Dr
37. Clear Creek Natural Heritage Center 3310 Collins Road
38. Greenbelt (open space) East University
Table 2b. City Park Trails
Paved Park Trails
Location Name Property Address
1. Katy Trail (Denton Rail Trail) N/A
2. Nette Shultz Trail 1517 Mistywood
3. North Lakes Trail 2001 W Windsor
4. Quakertown Trail 321 E McKinney
5. South Lakes Trail 501 Hobson
6. Avondale Trail 2021 Devonshire
7. Evers Park Trail 3201 N Locust
8. Fred Moore Trail 500 S Bradshaw
9. Lake Forest Trail 1760 E. Ryan Rd
10. Northwest Denton Trail Evers Pkwy to W Windsor
11. Preserve at Pecan Creek 4701 Lakeview Blvd
12. Special Ernest W Dallas Jr 1400 LF Loop
13. Unicorn Lake / Briercliff Trail 3000 State School Road
19
Table 2b. City Park Trails (continued)
Paved Park Trails
Location Name Property Address
14. Bowling Green Trail 2200 Bowling Green
15. Carl Young Park Trail 327 S Wood
16. Cooper Creek Trail 1511 Stuart Rd
17. Cross Timbers Trail 7601 Waterside Pl
18. Denia Trail 1001 Parvin
19. Frontier Park Trail 600 LF Loop
20. North Pointe Trail West Hercules Lane
21. Sequoia Trail 1400 E University Dr
22. Wheeler Ridge Trail 3100 Lipizzan Dr
Unpaved Park Trails
Location Name Property Address
1. IOOF Cemetery Trail 2520 LF Loop
2. Oakwood Cemetery Trail 1535 LF Loop
3. Clear Creek Trail 3310 Collins Road
3.4.3 Signalized Intersections
All City-maintained signalized intersections have been inventoried and documented in a map and ArcGIS-based
geodatabase. A portion of the signalized intersections fall along TxDOT roadways, however, the maintenance
agreement between the City of Denton and TxDOT states that it is the City of Denton’s responsibility to maintain
these signalized intersections. Based on the inventory, the City maintains 125 signalized intersections which are
shown on a map in Appendix D.
3.4.4 Sidewalk Corridors
Using aerial imagery and existing inventory information, an updated GIS-based inventory of City-maintained sidewalk
corridors and cross street locations was developed in 2019. Based on the inventory, the City of Denton maintains
approximately 374 miles of sidewalk corridors, including pedestrian street and driveway crossings. There are
approximately 7,500 curb ramps that exist at unsignalized cross street intersections and driveways and alleys along
the City-maintained sidewalk corridors. A map of the inventoried sidewalk corridors has been evaluated in Appendix
D.
3.4.5 Facility Inventory Summary
Based on the completed inventory for facilities in the public right-of-way, the City has identified the following facilities
for future evaluation:
• 72 buildings;
• 38 parks which include 22 paved trails and 4 unpaved trails;
• 139 signalized intersections; and
• 374 miles of sidewalk and approximately 7,500 curb ramps at unsignalized intersections, driveways, and
alleys along the sidewalk corridors.
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3.5 Prioritization
The following sections outline the prioritization factors and results of the prioritization for buildings, parks, signalized
intersections, sidewalks, and unsignalized intersections. Each facility type has a different set of parameters to
establish the prioritization for improvements. These prioritization factors were taken into consideration when
developing the implementation plan for the proposed improvements.
3.5.1 Prioritization Factors for Facilities
To aid in the development of the implementation plan, prioritization and condition index information has been
provided for each building, park, signalized intersection, sidewalk, and unsignalized intersections with identified
compliance issues. Tables 3-6 provide the prioritization criteria for the evaluated facilities. All compliance elements
included in the prioritization schedule are based on requirements from the 2010 ADA Standards for Accessible
Design, PROWAG, and the Texas Accessibility Standards. While every effort will be made to design and implement
improvements to be consistent with these standards, the City will provide access to the maximum extent feasible
where full compliance is technically infeasible. Priorities were assigned based on DOJ priorities for facility access,
previous project experience, and case law with respect to the severity of non-compliance. FHWA and DOJ have not
provided any guidance on how to prioritize issues, only that prioritization information should be included as part of the
schedule; however, best practices suggest that the prioritization methodology and resulting thresholds be first based
on the severity of non-compliance (i.e., dangerous condition) and then second based on the barrier’s proximity to
pedestrian attractors (e.g., adjacent to a hospital or governmental facility with high daily pedestrian traffic). Since raw
data has been collected during the Self-Evaluation, all data needed for prioritization is contained in the database
except for known complaints. Any complaints received by the City will be reviewed, and associated prioritization
updates will be incorporated into the database.
Buildings, Parks, and Trails were prioritized on a 12-point scale, which is defined in Table 3. This prioritization
methodology was developed by the Consultant Team to aid the City in determining how the building should be
prioritized for improvements based on the severity of non-compliance with ADA.
Signalized intersections were prioritized on a 13-point scale. The 13-point scale, which is used to prioritize signalized
intersections, is defined in Table 4. This prioritization methodology was developed by the Consultant Team to aid the
City in determining which signalized intersections should be prioritized for improvements over other signalized
intersections based on the severity of non-compliance with ADA.
Sidewalk corridors and curb ramps were prioritized on a 3-point scale and were given a priority of either High/Severe,
Medium/Moderate, or Low/Slight based on the severity of non-compliance, which is defined in Table 5. After the
identification of priorities for individual sidewalk segments, a sidewalk condition index is used to represent the overall
condition of the sidewalk corridor based on the frequency and severity of issues. The sidewalk condition index is
broken into subcategories as shown in Table 6. Additionally, the City of Denton is developing a sidewalk Pedestrian
Potential Index to help guide the prioritization of improvements along City sidewalk corridors.
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Table 3. Prioritization Factors for Buildings, Parks, and Trails
Priority Criteria
1 (high) Grievance known or severe access limitations
2 (high)
• Element is more than twice the allowable requirement. No known complaint.
• AND (for exterior conditions) location is near a hospital, school, transit stop, government
building, or other pedestrian attractor.
3 (high)
• Element is more than twice the allowable requirement. No known complaint.
• AND (for exterior conditions) location is not near a hospital, school, transit stop, government
building, or other pedestrian attractor.
4 (high) Issues with parking or exterior conditions (DOJ level 1) – moderately out of compliance
5 (medium) Issues with access to goods and services (DOJ level 2) – severely out of compliance
6 (medium)
Issues with:
• Access to goods and services (DOJ level 2) – moderately out of compliance;
• Parking or exterior conditions (DOJ level 1) – minimally out of compliance; OR
• Restrooms (DOJ level 3) – severely out of compliance
7 (medium)
Issues with:
• Access to goods and services (DOJ level 2) – minimally out of compliance;
• Restrooms (DOJ level 3) – moderately out of compliance; OR
• Drinking fountains or public phones (DOJ level 4 & 5) – severely out of compliance
8 (medium) Issues with drinking fountains or public phones (DOJ level 4 & 5) – moderately out of compliance
9 (low) Issues with restrooms (DOJ level 3) – minimally out of compliance
10 (low) Issues with drinking fountains or public phones (DOJ level 4 & 5) – minimally out of compliance
11 (low)
• Client is a Title II agency; AND
• Elements out of compliance, but may be able to be handled programmatically or do not need
to be handled unless or until the agency hires a person with a disability
12 (low) Element is fully compliant with an older standard (safe-harbored), but will need to be brought into
compliance with current standards if altered
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Table 4. Prioritization Factors for Signalized Intersections
Priority Criteria
1 (high) Grievance filed on curb ramp or intersection or known accident/injury at site
2 (high)
Existing curb ramp with any of the following conditions:
• Running slope > 12%
• Cross slope > 7%
• Obstruction to or in the curb ramp or landing
• Level change > ¼ inch at the bottom of the curb ramp
• No detectable warnings
AND within a couple of blocks of a hospital, retirement facility, medical facility, parking garage,
major employer, disability service provider, event facility, bus/transit stop, school, government
facility, public facility, park, library, or church, based on field observations.
3 (high)
• No curb ramp where sidewalk or pedestrian path exists
AND within a couple of blocks of a hospital, retirement facility, medical facility, parking garage,
major employer, disability service provider, event facility, bus/transit stop, school, government
facility, public facility, park, library, or church, based on field observations.
4 (high) No curb ramps, but striped crosswalk exists
5 (medium)
Existing curb ramp with any of the following conditions:
• Running slope > 12%
• Cross slope > 7%
• Obstruction to or in the curb ramp or landing
• Level change > ¼ inch at the bottom of the curb ramp
• No detectable warnings
AND NOT within a couple of blocks of a hospital, retirement facility, medical facility, parking
garage, major employer, disability service provider, event facility, bus/transit stop, school,
government facility, public facility, park, library, or church, based on field observations.
6 (medium)
• No curb ramp where sidewalk or pedestrian path exists
AND NOT within a couple of blocks of a hospital, retirement facility, medical facility, parking
garage, major employer, disability service provider, event facility, bus/transit stop, school,
government facility, public facility, park, library, or church, based on field observations.
7 (medium)
Existing diagonal curb ramp (serving both crossing directions on the corner) is non-
compliant and should be replaced with two curb ramps, one serving each crossing
direction on the corner.
8 (medium)
Existing curb ramp with any of the following conditions: • Cross slope > 5%
• Width < 36 inches • Median/island crossings that are inaccessible
9 (low) Existing curb ramp with either running slope between 8.3% and 11.9% or insufficient
turning space
10 (low) Existing diagonal curb ramp without a 48-inch extension into the crosswalk
11 (low) Existing pedestrian push button is not accessible from the sidewalk and/or curb ramp
12 (low) Existing curb ramp with returned curbs where pedestrian travel across the curb is not
protected
13 (low) All other intersections not prioritized above
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Table 5. Prioritization Factors for Sidewalk Corridors and Curb Ramps
Criteria Description Priority
1 (Severe) 2 (Moderate) 3 (Slight)
Heave
Sidewalk/ramp or multiple
slabs have uplifted over a
short length
> 5" over 5'
(> 8%)
2.5" to 5" over 5'
(4% to 8%)
0" to 2.5" over 5'
(4%)
Sag
Sidewalk/ramp or multiple
slabs have settled over a
short length
> 5" over 5'
(> 8%)
Will pond up to 2.5"
2.5" to 5" over 5'
(4% to 8%)
May pond up to 5"
0" to 2.5" over 5'
(4%)
May pond up to 2.5"
Tilt
Sidewalk/ramp or multiple
slabs have tilted over a
short length
> 4%
(> 1" over 2')
2% to 4%
(1/2" to 1" over 2')
0% to 2%
(1/2" over 2')
Shattered
Slab
Slab/walk/ramp have two
or more cracks and may
be associated with
settlement
Cracks > 1",
noticeable settlement
Cracks 1/4" to 1",
slight settlement
Slab still flat,
cracks < 1/4"
Transverse
Crack
A crack across the width
of a slab/walk/ramp
Cracks > 1",
noticeable
displacement
Cracks 1/4" to 1",
slight displacement
Slab still flat,
cracks < 1/4"
Longitudinal
Crack
A crack along the length
of a slab/walk/ramp
Cracks > 1",
noticeable
displacement
Cracks 1/4" to 1",
slight displacement
Slab still flat,
cracks < 1/4"
Fault
Vertical displacement at a
joint or crack (either up or
down)
> 1" 1/2" to 1" < 1/2"
Texture
Loss of fines, crazing, pop
outs or scaling of the
sidewalk/ramp surface
The surface texture
is rough - aggregate
exposed almost like
gravel, small wheels
stop rolling
Surface has lost its
fines, aggregate
exposed, small
wheels will jam while
rolling
Surface is just
starting to lose its
smooth texture, slight
exposing of
aggregate - still
suitable for small
wheels
Corner
Break
The corner of a slab/ramp
(greater than a 6 square
inch area) has broken off
or edge of walk has
become ragged
Cracks > 1",
noticeable
settlement, edge is
jagged and failed
Cracks 1/4" to 1",
slight settlement,
edge noticeably
deteriorated
Slab still flat,
cracks < 1/4",
edge slightly
deteriorated
Joint
Damage
The joints have opened
up or loss of joint sealant
Joint is opened > 2"
and weeded
Joint is opened 1" to
2" and weeded
Joint is opened
up to 1"
Patching
The sidewalk/ramp has
been patched or cut and
patched
Patch has dropped or
heaved, failed, very
rough and will trap
small wheels
Patch is starting to
fail, rough or made
from dissimilar
material
Patch is smooth
matching sidewalk
surface and made of
similar material
Slope The sidewalk/ramp has
excessive slope
> 12.5% slope
3" in 2’
8.33% to 12.5%
2" to 3" in 2'
Up to 8.33% slope
Up to 2" in 2'
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Table 6. Condition Index Rating for Sidewalk Corridors and Unsignalized Intersection Curb Ramps
Condition Rating Condition Index Range
Excellent 90 ≤ Condition Index ≤ 100
Very Good 80 ≤ Condition Index < 90
Good 70 ≤ Condition Index < 80
Fair 60 ≤ Condition Index < 70
Marginal 40 ≤ Condition Index < 60
Poor 20 ≤ Condition Index < 40
Very Poor 0 ≤ Condition Index < 20
3.6 Facilities Review
The City’s Self-Evaluation Action Plan outlines a proposed prioritization and schedule for public facilities to be
evaluated for compliance. Based on this plan, the facility assessments were completed in both 2019 and 2021.
Facility assessments were completed through in-person inspection for buildings, parks, and signalized intersections.
Sidewalk corridors assessments were completed through a combination of automated measurements from an ATV-
mounted gyroscope slope analysis system, issue locations extracted from high-resolution video, and in-person
inspection.
All City buildings with public access have been evaluated for compliance with the 2010 ADA Standards for
Accessible Design and the 2012 Texas Accessibility Standards, including parking lots, path of travel from the parking
lot to the building, access into the building, signage, building interiors where public access is provided, drinking
fountains, telephones, bathrooms, and counter heights. A summary of the building evaluations and the associated
detailed project reports are included in Appendix E1.
All existing parks and trails have been evaluated for compliance with the 2010 ADA Standards for Accessible Design
and the 2012 Texas Accessibility Standards, including parking lots, path of travel from the parking lot to the park
amenities, access into facilities, signage, drinking fountains and restrooms. City-owned or maintained paved trails,
unpaved-trails and pedestrian bridges within these parks have also been evaluated for ADA compliance. A summary
of the park evaluations and the associated detailed project reports are included in Appendix E2.
All City-owned or maintained signalized intersections have been evaluated for compliance with PROWAG. Signalized
intersection evaluations document the conditions and measurements along the pedestrian path of travel, which
includes street crossings, curb ramps, sidewalk adjacent to the curb ramps, and pedestrian signal equipment and
adjacent clear spaces. A summary of the signalized intersection evaluations and the associated detailed project reports
are included in Appendix E3.
All City-maintained pedestrian paths of travel have been evaluated for compliance with PROWAG based on the
conditions and measurements along the pedestrian path of travel, which includes the sidewalk, curb ramps, and
pedestrian crossings at driveway openings. At intersections where existing sidewalk does not cross the curb, and curb
ramps are not installed, no evaluations are needed. Locations where curb ramps are missing, but are required, have
also be identified and included in the Transition Plan.
The ADA of 1990, Section 35.150, Existing Facilities, requires that the Transition Plan include a schedule for providing
curb ramps or other sloped areas at existing pedestrian walkways, which applies to all facilities constructed before
1992. For any sidewalk installations constructed from 1992 to March 15, 2012, the curb ramps should have been
installed as part of the sidewalk construction project per the 1991 Standards for Accessible Design, Section 4.7 Curb
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Ramp, which states, “curb ramps complying with 4.7 shall be provided wherever an accessible route crosses a curb.”
For sidewalk installations constructed on or after March 15, 2012, similar guidance is provided in the 2010 Standards
for Accessible Design, Section 35.151 of 28 CFR Part 35, New Construction and Alterations, which states, “newly
constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at any
intersection having curb or other sloped areas at intersections to streets, roads, or highways.”. A summary of the
sidewalk corridor and unsignalized intersection curb ramp evaluations and the associated detailed project reports are
included in Appendix E3.
A listing of evaluated facilities and summary of the associated Self-Evaluation findings and possible solutions is
provided in Appendices E1-E3.
3.7 Conclusion
This document serves as the ADA Transition Plan for the City of Denton. In developing the Transition Plan, City
facilities were reviewed for compliance with ADA guidelines and a Self-Evaluation was conducted on the following
facilities:
• 72 buildings;
• 38 parks including 22 paved trails and four (4) unpaved trails;
• 123 signalized intersections; and
• 374 miles of sidewalk and driveways along the sidewalk corridors.
The possible solutions were prioritized, and an implementation plan was developed to provide guidance for the City’s
improvement projects in the coming years. Public outreach was also conducted to aid in the development of the plan.
The City is taking the actions referenced below and will continue to look for and remedy, barriers to access to ensure
that Denton citizens who are disabled are given access to the City's facilities and PSAs.
To confirm follow-up on corrective actions required under the Transition Plan, the City will institute an ADA Action
Log, documenting its efforts at compliance with the ADA. It is anticipated that the ADA Action Log and associated
corrective actions will be tracked through the City’s asset management platform. See the initial ADA Action Log
provided in Appendix F.
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4.0 Facility Costs
4.1 Facilities Cost Projection Overview
To identify funding sources and develop a reasonable implementation schedule, cost projection summaries for only
the facilities evaluated were developed for each facility type. To develop these summaries, recent bid tabulations
from the Texas Department of Transportation (TxDOT) construction projects, the Means ADA Compliance Pricing
Guide, and Consultant Team experience with similar types of projects were the basis for the unit prices used to
calculate the improvement costs. A contingency percentage (20%) was added to the subtotal to account for
increases in unit prices in the future in addition to an engineering design percentage (15%). All costs for building and
park facilities are in 2021 and all costs for intersections and sidewalk corridors are in 2019 dollars. Table 7 provides a
summary of the estimated costs to bring each facility into compliance.
Table 7. Summary of Facility Costs
Facility Type Priority
High Medium Low Total*
Buildings $601,700 $3,063,600 $991,650 $4,656,950
Parks $598,800 $2,393,890 $57,510 $3,050,200
Park Paved Trails $225,450 $1,252,060 $2,030 $1,479,540
Park Unpaved Trails $43,200 $5,400 $0 $48,600
Signalized Intersections $1,639,400 $2,505,000 $686,200 $4,830,600
Public Rights-of-Way
Sidewalk $1,468,800 $5,699,000 $4,191,560 $11,359,360
Public Rights-of-Way
Unsignalized Intersection
Curb Ramps
$3,227,700 $2,408,510 $12,709,500 $18,345,700
City Totals $7,805,050 $17,327,460 $18,638,450 $43,770,950
*Table values are rounded for simplification
It is important to note that the facility cost estimates in Table 7 only include the costs to remediate accessibility
compliance issues as determined by a visual inspection of the facilities. Additional budget considerations should be
given to the following:
• Aesthetic upgrades, such as remodeling/upgrading of outdated facilities;
• Current market conditions that may affect pricing of construction materials and labor, such as COVID-19;
• Construction challenges not visible during inspection, such as underground or in-wall utilities and acquisition
of right-of-way; and
• Other factors that may affect costs.
It is recommended that a design professional assist the City in determining the best overall design solutions with
respect to various factors, including but not limited to, existing conditions, available construction budget, and
consideration for all elements that are out of compliance in a particular area of a facility.
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4.2 Implementation Schedule
Table 8 details the barrier removal costs and proposed implementation schedule by facility type for all City-owned
facilities evaluated. Buildings that were evaluated, but are not owned by the City, are excluded from the
implementation schedule. This 30-year will serve as the implementation schedule for the Transition Plan. The City of
Denton reserves the right to change the barrier removal priorities on an ongoing basis to allow flexibility in
accommodating community requests, petitions for reasonable modifications from persons with disabilities, and
changes in City programs.
It is the intent of the City to have its ADA Coordinators work together with department heads and budget staff to
determine the funding sources for barrier removal projects. Once funding is identified, the ADA Coordinators will
coordinate the placement of the projects in the Capital Improvement Program (CIP) to be addressed on a fiscal year
basis.
Table 8. Implementation Schedule
Facility Type Estimated
Cost
Implementation
Schedule
(years)
Approximat
e Annual
Budget
Buildings $4,656,950 30 $155,230
Parks $3,050,200 30 $101,670
Park Paved Trails $1,479,540 30 $49,320
Park Unpaved Trails $48,600 30 $1,620
Signalized Intersections $4,830,600 30 $161,020
Public Rights-of-Way Sidewalk $11,359,360 30 $378,650
Public Rights-of-Way Unsignalized Intersection Curb Ramps $18,345,700 30 $611,520
City Total $43,770,950
Total Annual Budget $1,459,030
4.3 Funding Opportunities
Several alternative funding sources are available to the City to complete the improvements in this Transition Plan. The
funding opportunities include applying for resources at the federal and state level, consideration of local options, and
leveraging private resources. The following sections detail some different funding source options.
4.3.1 Federal and State Funding
Table 9 depicts the various types of federal and state funding available for the City to apply for funding for various
improvements. The following agencies and funding options are represented in the chart.
• RAISE – Rebuilding American Infrastructure with Sustainability and Equity Discretionary Grants
• INFRA – Infrastructure for Rebuilding America Discretionary Grant Program
• TIFIA – Transportation Infrastructure Finance and Innovation Act (loans)
• FTA – Federal Transit Administration Capital Funds
• CMAQ – Congestion Mitigation and Air Quality Improvement Program
• HSIP – Highway Safety Improvement Program
• NHPP – National Highway Performance Program
• STBG – Surface Transportation Block Grant Program
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• TA – Transportation Alternatives Set-Aside (formerly Transportation Alternatives Program)
• RTP – Recreational Trails Program
• SRTS – Safe Routes to School Program / Activities
• PLAN – Statewide Planning and Research (SPR) or Metropolitan Planning funds
• NHTSA 405 – National Priority Safety Programs (Nonmotorized safety)
• FLTTP – Federal Lands and Tribal Transportation Programs (Federal Lands Access Program, Federal
Lands Transportation Program, Tribal Transportation Program, Nationally Significant Federal Lands and
Tribal Projects)
Most of these programs are competitive type grants; therefore, the City of Denton is not guaranteed to receive these
funds. It will be important for the City to track these programs to apply for the funds. Federal-aid funding programs have
specific requirements that projects must meet, and eligibility must be determined on a case-by-case basis.
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Table 9. Funding Opportunities
ACTIVITY RAISE INFRA TIFIA FTA CMAQ HSIP NHPP STBG TA RTP SRTS PLAN NHTSA FLTTP Access enhancements to public transportation X X X X X X X X X
ADA/504 Self-Evaluation / Transition Plan X X X X X
Bus shelters and benches X X X X X X X X X
Coordinator positions (state or local) X X X X
Crosswalks (new or retrofit) X X X X X X X X X X X X
Curb cut and ramps X X X X X X X X X X X X
Paved shoulders for pedestrian use X X X X X X X X X X
Pedestrian plans X X X X X X
Recreational trails X X X X X X X
Shared use paths / transportation trails X X X X X X X X X X X X
Sidewalk (new or retrofit) X X X X X X X X X X X X
Signs / signals / signal improvements X X X X X X X X X X X
Signed pedestrian routes X X X X X X X X X X
Spot improvement programs X X X X X X X X X X X
Stormwater impacts related to pedestrian projects X X X X X X X X X X X
Trail bridges X X X X X X X X X X X
Trail / highway intersections X X X X X X X X X X X
Trailside and trailhead facilities X X X X X X X
Training X X X X X X X X
Tunnels / undercrossings for pedestrians X X X X X X X X X X X X
Adapted from FHWA Pedestrian and Bicycle Funding Opportunities, Revised August 9, 2018:
https://www.fhwa.dot.gov/environment/bicycle_pedestrian/funding/funding_opportunities.cfm
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4.3.2 Local Funding
There are several local funding options for the City to consider, including:
• Community Development Block Grants (CDBG)
• Community Improvement District (CID) – A geographically defined district in which commercial property
owners vote to impose a self-tax. Funds are then collected by the taxing authority and given to a board of
directors elected by the property owners.
• General fund (sales tax and bond issue)
• Scheduled/funded CIP projects that are funded through bonds
• Sidewalk or Access Improvement Fee
• Special tax districts – A district with the power to provide some governmental or quasi-governmental service
and to raise revenue by taxation, special assessment, or charges for services.
• Tax Allocation District (TAD) – A defined area where real estate property tax monies gathered above a certain
threshold for a certain period of time (typically 25 years) is to be used for a specified improvement. The funds
raised from a TAD are placed in a tax-free bond (finance) where the money can continue to grow. These
improvements are typically for revitalization and especially to complete redevelopment efforts.
• Tax Increment Financing District (TIF) – A TIF allows cities to create special districts and to make public
improvements within those districts that will generate private-sector development. During the development
period, the tax base is frozen at the predevelopment level. Property taxes continue to be paid, but taxes
derived from increases in assessed values (the tax increment) resulting from new development either go into
a special fund created to retire bonds issued to originate the development, or leverage future growth in the
district.
• Transportation Reinvestment Zone
• Transportation User Fee / Street Maintenance Fee
4.3.3 Private Funding
Private funding may include local and national foundations, endowments, private development, and private individuals.
While obtaining private funding to provide improvements along entire corridors might be difficult, it is important for the
City to require private developers to improve pedestrian facilities to current ADA requirements, whether it by new
development or redevelopment of an existing property.
4.4 Next Steps
The City will begin internal coordination to address the programmatic barriers identified in the Transition Plan.
The City will develop a budget to include the next 30 fiscal years. Projects identified in the ADA Transition Plan will be
programmed within the 30-year budget based prioritization provided (see Section 3.5 Prioritization) and other factors
determined by the City, such as how barrier removal can be incorporated into existing City projects identified for capital
improvements.
The City also intends to adopt 2011 PROWAG to enable City enforcement of these guidelines throughout the design
and construction process of pedestrian facilities in the public rights-of-way.
The City will plan to budget for the review of programs, services, and activities in a future project phase. This phase
will also include development of policies and procedures to address accessibility responsibilities associated with lease
agreements, closing pedestrian crossings that are unsafe, and employment-related requests and responsibilities that
fall under ADA Title I.
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Appendix
Appendix A: Public Outreach
Public Meeting Notes and Agenda
Public Comments Summary
Appendix B: Grievance Procedure
Title II Grievance Procedure
Appendix C: FHWA ADA Transition Plan Process Memo
Appendix D: Facility Maps
Buildings
Parks
Paved Trails
Unpaved Trails
Signalized Intersections
Public Rights-of-Way Sidewalk Corridors
Appendix E: Facility Reports
E1: Buildings
E2: Parks and Trails
E3: Signalized Intersections and Public Rights-of-Way Sidewalk Corridors
Appendix F: ADA Action Log
Appendix G: Programs, Services, and Activities Review
City of Denton
ADA Self-Evaluation and
Transition Plan
Council Presentation
Agenda
•Goals and Objectives
•ADA Background
•Scope of Services Review
•Self-Evaluation
➢Sample Facility Review Findings
•Transition Plan Development
➢Facility Reports, Improvement Prioritization, and
Costing of Improvements
•Questions & Comments
2
Goals and Objectives
•ADA Transition Plan –master plan for Citywide accessibility
•Improve accessibility for all citizens
•Encourage participation from public and disabled community
•Educate City staff and the public on the requirements of the ADA
•Develop a comprehensive list of barriers to access
•Provide detailed outline of methods to remove barriers to access
•Provide a realistic schedule with cost projections for the removal of
barriers to access
•Identify funding sources and opportunities to implement a barrier
removal program
3
Background on the ADA Title II
(state and local governments)
•Non-discrimination based on disability
•Requires local governments to:
➢Develop a grievance procedure
➢Designate someone to oversee Title II compliance (ADA Coordinator)
➢Perform and retain a Self-Evaluation
➢Develop a Transition Plan if structural changes are necessary for
achieving program accessibility
4
Scope of Services Review
Self-Evaluation
•Evaluate existing City facilities
➢Buildings
➢Parks
➢Trails
➢Sidewalk Corridors and Curb Ramps (completed in project Phase 1
in 2019)
➢Signalized Intersections (completed in project Phase 1 in 2019)
•Prepare Facility reports and GIS database that identify
barriers to access
5
Scope of Services Review
Transition Plan Development
•Develop prioritized plan for barrier removal
•Establish facility improvement schedules
•Integrate Feedback from City Committee on
Persons with Disabilities and members of the
public
6
Facility Review Status
7
Facility Type # in Project # Completed % Complete
Buildings and Associated Sidewalk 72 72 100%
Parks and Associated Sidewalk 40 40 100%
Paved Trails 33 miles 33 miles 100%
Unpaved Trails 5 miles 5 miles 100%
Signalized Intersections 125 125 100%
Sidewalk Corridors 374 374 100%
CURB RAMP SLOPE EXCEEDS 8.33% (15.2%)
NORTH LAKES ANNEX (TENNIS CENTER)
Self-Evaluation Findings
8
TRANSACTION COUNTER TOO HIGH (42”)
CITY HALL –DEVELOPMENT SERVICES
Self-Evaluation Findings
9
EXPANSION JOINT +1/2” AND CHANGE IN LEVEL
MCKENNA PARK
EXCESSIVE CROSS SLOPE
SAGEWOODST AND PLUM HOLLOW ST
Facility Reports
10
Prioritization Schedule
11
Priority Criteria
1 (high)Grievance or severe access limitations
2 (high)
•Element is more than twice the allowable requirement. No known
complaint.
•AND (for exterior conditions) location is near a hospital, school, transit
stop, government building, or other pedestrian attractor.
3 (high)
•Element is more than twice the allowable requirement. No known
complaint.
•AND (for exterior conditions) location is not near a hospital, school, transit
stop, government building, or other pedestrian attractor.
4 (high)Issues with parking or exterior conditions (DOJ level 1) –moderately out of
compliance
5 (medium)Issues with access to goods and services (DOJ level 2)–severely out of
compliance
6 (medium)
Issues with:
•Access to goods and services (DOJ level 2) –moderately out of compliance;
•Parking or exterior conditions (DOJ level 1) –minimally out of compliance;
OR
•Restrooms (DOJ level 3) –severely out of compliance
Prioritization Schedule
12
Priority Criteria
7 (medium)
Issues with:
•Access to goods and services (DOJ level 2)–minimally out of compliance;
•Restrooms (DOJ level 3) –moderately out of compliance; OR
•Drinking fountains or public phones (DOJ level 4 & 5) –severely out of
compliance
8 (medium)Issues with drinking fountains or public phones (DOJ level 4 & 5) -moderately
out of compliance
9 (low)Issues with restrooms (DOJ level 3) –minimally out of compliance
10 (low)Issues with drinking fountains or public phones (DOJ level 4 & 5) -minimally out
of compliance
11 (low)
•Client is a Title II agency; AND
•Elements out of compliance, but may be able to be handled
programmatically or do not need to be handled unless or until the agency
hires a person with a disability
12 (low)Element is fully compliant with an older standard (safe-harbored), but will need
to be brought into compliance with current standards if altered
Parks -Cost Estimate of Prioritized Improvements
13
Park Level 1
(High)
Level 2
(High)
Level 3
(High)
Level 4
(High)
Level 5
(Medium)
Level 6
(Medium)
Level 7
(Medium)
Level 8
(Medium)
Level 9
(Low)
Level 10
(Low)
Level 11
(Low)
Level 12
(Low)Total Cost
Avondale Park -$ 3,375$ 3,375$ 13,500$ 6,278$ 9,788$ 11,880$ 1,013$ -$ -$ -$ -$ 49,208$
Bowling Green Park -$ -$ -$ 14,175$ 6,750$ -$ 10,274$ 1,013$ -$ -$ -$ -$ 32,211$
Briercliff Park -$ -$ -$ 4,050$ 1,013$ 9,450$ 12,150$ -$ -$ -$ -$ -$ 26,663$
Carl Young, Sr. Park -$ -$ -$ 12,150$ 15,863$ 17,888$ 23,288$ -$ -$ -$ -$ -$ 69,188$
Carnegie Ridge Park -$ -$ -$ 15,525$ 2,025$ 2,025$ 7,088$ -$ -$ -$ -$ -$ 26,663$
Clear Creek Natural Heritage Center -$ -$ 10,800$ 4,050$ 6,244$ 35,775$ 338$ -$ 3,105$ -$ 2,025$ -$ 62,336$
Cooper Creek Linear Park -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Cooper Glen Park -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Cross Timbers Park North -$ -$ -$ 2,768$ 3,038$ 13,500$ 19,238$ -$ -$ -$ -$ -$ 38,543$
Cross Timbers Park South -$ -$ -$ 4,050$ 8,100$ 12,825$ -$ -$ -$ -$ -$ -$ 24,975$
Denia Park -$ -$ 4,050$ 25,313$ 49,748$ 78,638$ 11,070$ -$ 675$ 4,050$ 3,375$ -$ 176,918$
Evers Park -$ -$ 12,150$ 79,650$ 141,818$ 94,230$ 35,336$ 4,050$ 7,088$ -$ -$ -$ 374,321$
Fred Moore Park -$ 6,750$ -$ 12,488$ 34,088$ 39,825$ 15,863$ -$ -$ -$ -$ -$ 109,013$
Frontier Park -$ -$ -$ -$ 2,025$ -$ 473$ -$ -$ -$ -$ -$ 2,498$
Goldfield Tennis Center -$ -$ -$ 9,450$ 27,675$ 27,000$ 10,260$ -$ -$ -$ -$ -$ 74,385$
Industrial Park -$ -$ -$ -$ 2,025$ 4,050$ -$ -$ -$ -$ -$ -$ 6,075$
IOOF Cemetery -$ -$ -$ -$ -$ -$ 15,188$ -$ -$ -$ 2,025$ -$ 17,213$
Jimmy Carter Park -$ 8,100$ 4,725$ 20,925$ -$ 13,500$ 7,560$ -$ -$ -$ -$ -$ 54,810$
Joe Skiles Park -$ -$ -$ 2,025$ 12,960$ 12,555$ 10,125$ -$ -$ -$ -$ -$ 37,665$
Lake Forest Park -$ -$ -$ 4,050$ 20,993$ 55,418$ 38,408$ -$ -$ -$ -$ -$ 118,868$
Mack Park -$ -$ -$ 14,175$ 79,988$ 47,723$ 26,325$ 4,050$ 1,688$ -$ -$ -$ 173,948$
Martin Luther King Jr. Park -$ -$ -$ 6,075$ 9,113$ 11,475$ 2,025$ -$ -$ -$ -$ -$ 28,688$
McKenna Park -$ 4,050$ -$ 33,075$ 16,200$ 70,943$ 5,063$ -$ -$ -$ -$ -$ 129,330$
Milam Park -$ -$ 4,050$ 10,125$ 3,375$ 15,458$ 3,713$ 1,013$ -$ -$ -$ -$ 37,733$
Nette Shultz Park -$ -$ -$ 17,550$ 7,088$ 6,413$ 20,993$ 1,013$ -$ -$ -$ -$ 53,055$
North Lakes Park -$ -$ 49,275$ 119,138$ 154,136$ 273,105$ 58,590$ -$ 2,700$ 2,025$ 16,200$ -$ 675,169$
North Pointe Park -$ -$ -$ 6,750$ -$ -$ 7,641$ 1,013$ -$ -$ -$ -$ 15,404$
Oakwood Cemetery -$ -$ -$ -$ -$ -$ 16,943$ -$ -$ -$ -$ -$ 16,943$
Owsley Park -$ -$ -$ 2,025$ 5,063$ 13,635$ 1,013$ -$ -$ -$ -$ -$ 21,735$
Quakertown Park -$ -$ -$ 4,725$ 59,400$ 28,013$ 14,513$ -$ -$ -$ -$ -$ 106,650$
Sequoia Park -$ -$ -$ 9,450$ -$ 2,025$ -$ -$ -$ -$ -$ -$ 11,475$
Sherman Park -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Skate Works -$ -$ -$ 1,013$ -$ 2,700$ 2,025$ -$ -$ -$ -$ -$ 5,738$
South Lakes Park -$ -$ 4,050$ 11,475$ 42,525$ 125,550$ 33,683$ -$ -$ -$ -$ -$ 217,283$
Spc. Ernest W. Dallas Jr. Veterans
Memorial Park -$ -$ -$ 8,100$ 8,775$ 15,525$ 2,498$ -$ -$ -$ -$ -$ 34,898$
Water Works Park -$ -$ -$ 14,175$ 51,300$ 118,125$ 13,298$ -$ 3,645$ -$ 8,910$ -$ 209,453$
Wheeler Ridge Park -$ -$ -$ 2,025$ -$ 3,038$ 6,075$ -$ -$ -$ -$ -$ 11,138$
Total -$ 22,275$ 92,475$ 484,043$ 777,600$ 1,160,190$ 442,928$ 13,163$ 18,900$ 6,075$ 32,535$ -$ 3,050,183$
Park Level 1
(High)
Level 2
(High)
Avondale Park -$ 3,375$
Bowling Green Park -$ -$
Briercliff Park -$ -$
Carl Young, Sr. Park -$ -$
Carnegie Ridge Park -$ -$
Clear Creek Natural Heritage Center -$ -$
Cooper Creek Linear Park -$ -$
Cooper Glen Park -$ -$
Cross Timbers Park North -$ -$
Cross Timbers Park South -$ -$
Denia Park -$ -$
Evers Park -$ -$
Fred Moore Park -$ 6,750$
Frontier Park -$ -$
Goldfield Tennis Center -$ -$
Industrial Park -$ -$
IOOF Cemetery -$ -$
Jimmy Carter Park -$ 8,100$
Joe Skiles Park -$ -$
Lake Forest Park -$ -$
Mack Park -$ -$
Martin Luther King Jr. Park -$ -$
McKenna Park -$ 4,050$
Facility Improvement Cost Summary*
14
Facility
Priority
High Medium Low Total (sum)
Buildings $515,300 $2,897,310 $974,840 $4,387,450
Parks $598,800 $2,393,890 $57,510 $3,050,200
Park Paved Trails $225,450 $1,252,060 $2,030 $1,479,540
Park Unpaved Trails $43,200 $5,400 $0 $48,600
Signalized Intersections**$1,639,400 $2,505,000 $686,200 $4,830,600
Public Rights-of-Way Sidewalk**$1,468,800 $5,699,000 $4,191,560 $11,359,360
Unsignalized Intersections**$3,227,700 $2,408,510 $12,709,500 $18,345,700
Total $7,718,650 $17,161,170 $18,621,640 $43,504,450
*All costs include 15% design contingency and 20% construction contingency
**Costs were developed as part of 2019 Phase 1 project
Action Items
•Begin addressing action items from Self-
Evaluation findings as described in the
Transition Plan
•Consider strategies for allocation of funding
as implementation of improvements occurs
over next 20+ years.
15
Questions?
16