2011-221ORDINANCE NO. 2� 11-221
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A FIVE
YEAR CONTRACT FOR HEAVY DUTY EQUIPMENT MAINTENANCE AND REPAIRS FOR
THE CITY OF DENTON FLEET SERVICES DIVISION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP 4729-
FIVE YEAR CONTRACT FOR MAINTENANCE OF HEAVY DUTY FLEET MECHANICAL
SERVICES AWARDED TO DARR EQUIPMENT CO. 1N THE ANNUAL ESTIMATED
AMOUNT OF $400,000 FOR A FIVE YEAR TOTAL ESTIMATED AMOUNT OF $2,000,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of Heavy Duty Fleet Mechanical Services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of fixnds
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
4729 Darr Equipment Co. Hourly Rates per E�iibit A
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is
hereby authorized to execute the written contract; provided that the written contract is in accordance
with the terms, conditions, specifications, standards, quantities and speciiied sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to talce any actions that may be required or permitted to be performed by the City of Denton
under RFP 4729 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 6. This ordinance shall become effective immediately upon its passage and
approval.
�
PASSED AND APPROVED this the �—
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � �
3-ORD��"4729 J
day of �_�,��, 2011.
n
RK . B OUGH , MAYOR
Exhibit A
RFP # 4729
Date: June 21, 2011
Hea Du Mechanical Fleet Services
Respondent
Darr Equipment
Com an
Principal Place of Business Southlalce, TX
Do you have prior experience worlcing on similar projects with State of
Texas governmental agencies? YES
Have you provided similar services for over five (5) years? If so, how
many years? YES
Documented proof of at least three (3) projects in the past five (5) years
that provided exceptional service to the governmental entity? NO
Detailed list of references and detailed history of successful performance
with drafting comprehensive plans? YES
How man revious successful ro'ects are contained within this list? 5
Describe similar services your organization has provided to at least three
(3) governmental agencies in the past 5 years. Describe the similar
services: NO
Three 3 references from clients? YES
D'iscourit %
Invoice Paid in 20 days 0%
Invoice Paid in 15 days 0%
Invoice Paid in 10 days 0%
Type of Service Requested
Fleet Service Tech - Regular Shop Service
Hourly Rate with less that 20 hours weekly $65.00
Hourly Rate with more that 20 hours weekly $65.00
Contractor Agreed # of Days to have Staff on Location after request 1-Day
Fleet Service Tech - Regular Field Service
Hourly Rate with less that 20 hours weekly $65.00
Hourly Rate with more that 20 hours weekly $65.00
Contractor Agreed # of Days to have Staff on Location after request 1-Day
Fleet Service Tech - Emergency, After Normal Hrs(7 am - 6 pm)
Hourly Rate with less that 20 hours weekly $75.00
Hourly Rate with more that 20 hours weelcly $75.00
Contractor Agreed # of Days to have Staff on Location after request 6 Hours
Fleet Service Tech - Emergency, Weekend & Holiday Service
Hourly Rate with less that 20 hours weekly $115.00
Hourly Rate with more that 20 hours weekly $115.00
Contractor Agreed # of Days to have Staff on Location after request 6 Hours
Cit of Denton
Y
Contract � 4729
Heav Dut Fleet Mechanical
Y �
Servi�es
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
DARR EQUIPMENT COMPANY, LP
THIS CONTRACT is made and entered into this 1 day of November A.D., 2011, by and
between DARR EQUIPMENT COMPANY LP a corporation, whose address is 350 Bank Street,
Southlake, Texas 76092, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS,
a home rule municipal coiporation, 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:
I.
SCOPE OF SERVICES
Supplier shall provide products or services in accordance with the Supplier's proposal in
response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit
"D". The Contract consists of this written agreement and the following items which are attached hereto
and incorporated herein by reference:
(a) City of Denton Contract #4729, including:
(b) Pricing section
(c) Scope of Work and Services '�
(d) Payment and Performance Requirements
(e) Standard Terms and Conditions
( fl Contractor pocumentation from Solicitation;
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."
IN WITNESS WHEREOF, the parties of these presents have executed this agreernent in
the year and day first above written.
ATTEST:
�L
A ST:
� � ..����
, : , , , : � . , ., � „: ��. � . � � �
, �
��
� � A BURGESS, CI ATTORNEY
Cit of Denton
BY: � �_
�1
(SEAL)
Darr Equipment Company, LP
CONTRACTOR
8231 John Carpenter Frwy
Dallas, TX 75247
MAILING ADDRESS
[C�%iE:�c3!i!jl
PHONE NUMBER
�214) 819-3830
. � .
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.� _ _ . �.� ,y
,a���!Y �+�,y� OFFI IAL SEAL
�, � = Jo Ann Summers
State of Texas ,
� N � ;; My Commission Expi�e$
�'��of�•: May 14, 2013
nm���� - - — —����wr�
RFP 4729 Heavy Duty Fleet Mechanical Services
Contract # 4729
Term of Contract
and General Re uirements
q
RFP #�729 — HEAVY DUTY FLEET MECHANICAL SERVICES FOR CITY� OF DENTON
Section l
General
1. INTRODY7CTION
In accordance with the pz•ovisions of Texas Lacal Gavernment Code, Cha�ter 252, The
City of Denton (the City) is requesting proposals to contract with an individual or
business with considerable e�perience in heavy duty fleet repai�• and nnaintenance
se�vices. The proposals and the cost solutions shall be submitted to the Ciry af Denton in a
sealed submissian, in accozdance with Texas Local Govea�nment Code 252.04i5 and
252.042.
The awarded individual or business shall possess a proven track �ecord of using
innovative appraaches to deliver heavy duty fleet/mechanical services that i•epi�esent the
best value to their clients. The awarded individual or business shall have the ability to
accomplish. all as�ects of the requested services. The s�lected individual o� fi1� should
be able ta provide is�novative methocis to c�eal with municipal challenges, and cost
effective solutions.
Tlze City of Denton is erempt from Fetleral �tcise nr�d Stnte Sales Tax.
COMMUN�TY PROFXLE
Denton, Texas is a Main Stxeet City in the No��th Texas �:egion. Established in 1857,
Denton is the county seai of Denton Caunty and was natned for John B. Denton. Denton
is unique in composition; the city is comprised of over 92 sqi�aie rniles which radiate out
in all directions fi�om the downtown coze. In addition to the unique physical
composition af the city, fl�exe is a unique character to the City, It is comprised of a
divei�sity of neighborhoods� and land uses that range fiom histarical residential and
comrnercial districts to ne�v residential subdivisions and industrial complexes to
greenbelt areas and newly anne.�ed rutal areas. Dentan is home to two state universities,
the University of Nozth Texas, and Texas 'V�loman's University, and two regional
hospitals. The City is traversed by state highways, �•ail lines, and Intexstate 35 E& W.
This summer Denton Counly Transpoi�tation Autk�ority (DCTA) will begin operation of
a passenger rail service that will �un from downtown Denton to the City of Ca�xollton,
where passengers may transfer to the Dallas .Area Rapid Transit (DA1ZT) system and
continue travelling by ��ail within the Metroplex region. The rail service �vill be
accompanied by the opening of two rail stations in Denton.
BACKGROUNb
The Cit� of Der�ton has experienced significant growth over the past few years and
significant utilization of heavy c�uty equipment to meet the ever growing needs of a
vibrant communify has driven tk�e need to obtain quality services to ensure the fleet is
well mainiained and serviced. The City desires an xnnovative solution that ensures a
Page i vf R�P 4729
RFP #4729 — HEAVY DUTY FLEET NTECHANICAL SERVICES F'OR CITY OF DENTON
successful approach to heavy duty fleet maintenance and allows foa• fluxd �•esponsiver�ess
to upcoming changes — both anticipated and unforeseen. The use of technoiogical
opportunities throughout the seivice deiivez•y is encou�aged.
The City currently operates its own vehicle and fleei maintenance facility, and
con�racts out the pa�•ts requirements with Genuine Patts Company, dba — NAPA Auto
Pa��ts, (NAPA). The incumbent presently has three {3} full-time employees on si#e and
one (1) part tirne delivery driver.
The Gity`s Fleet Services Department operates one centrat maintenance facility to
suppoxt a diverse citywide fleet af approxunately 1104 vehicles and pieces of
�quipment. The �'leet Sezvices Maintenance Facility and Depai�tment offces are
located at 804 Texas �treet, Denton, Texas 76209.
2. MINIMUM SUBMYSSYON REQUIREMENTS
The following minimum requirements zx�ust be demonsh�ated in order f�r the submission
to be c�nsidered responsive to the City of Dentan. Any proposal received, which is
detexa�ir�ed ta not meet these mandatory requiremants shall be in�mediately disqualified
and i�ejected as non-responsive.
• Five (5) yeass experienee providing heavy duty fleet diagnostics maintenance and
repairs in a fleet ope�ation.
• A defined level of industry knowledge and undez�stand'zng.
• The Proposing iz�dividual ox• business must be registered by tha State of Texas or the
County of Den#on, to px�ovzde any services which may be required and the individual
or businass must ha�e all licensure required by the State to provide any sei�vices
required.
c��1�1��7�iY 1ti ii �l [7i� �
It is #he intention of the City of Denton to award a contract for heavy duty fleet nnaintenance
and repair services for an initial one (1) year pei7od. The City and the Awarded Contractor
shall have the option to renew this cont��act fox� an additional four (4} one-year pe37ods.
Sezvices undertaken pu�suant to this RFP will be required to conarraence within �oux�teen (I4)
days oi deliveiy of a Notice to Proceed, The sei^vices sha11 be accomplished p�r ti�e Scope of
Work and Services as identified i�a Section �V and the Sched.ule of Events as outlined in
Section VI.
The Contract shall commence upan tha issuance of a Notice af Award by the City of
Dentorn ar�d sha�l automatically expire on October ls#, 2a12, with options for renewal for
Page 2 of RFP 4729
RFP #4729 -- HEAVY DUTY FLEET MECHANICAL SERVICES FaR CITY OF DENTON
four additional one-year periods. At ihe sole option of ihe City of Denton, the Contract
tnay be further extended as neec�ed, nat to e�ceed a total o� six (b) months.
Renewat Periods:
1g` Renewal —10/O1/12 —10131/13
21'd Renewat —10/01/13 —10/31/14
3ra Renewal-10/01/14 --10/31/15
4th Renewal —10/41/15 —10/31/16
4. PRICYNG�
Firm Price
Pricing and discounts pzoposed is ��m for the initial one-year period specified in the
solicztation. Price decreases are allowed ai any time, Price inc�eases shall onIy ba
considered as stipulated below in paragraph #5, "PRICE ESCALATION".
Px•ice DecreaseslDiscou�n# Increases
Contractors are required to immediately imptement any price decrease ox discount
increase that may become available. The City of Dentor� must be notifed in writing for
i�pdating the contract.
5. PRICE ESCALATION
Prices quoted for siaff'ing must be fii�n for a period of one year from date of contract
award. Any request �ox pxice inc�ease must be based on the Consumer Ptice Tndex,
... ..
Inflatxon Caxculatox• or com etitive wa e
,., ................._.__,:_..._. ...._._._._._� _ :I? _g adjustmen#. �er exeeptiors, contract.price
increases or change orders ar� govel�ed (limited).by Texas I,ocal Governnient Code
252.4�$.' Request must be submitted in writing with suppo��ting �vid�nce for need of such
increase to the Purchasing Manager at least 90 days prior to July Ist of each yeat•.
Respandent xnust also p�•ovide suppoi�ting documentation as justification for the request,
Upon receipt of such request, the CPA reserves the right to either: accept the escalation as
campetitive with the general market price at the time, and become ef£ective October lst of
the year the request is made or reject the inereases within 30 calendar davs after receipt af
a properly submitted request. If a p�•opex•ly submitted increase is rejected, the Confractoz
may ��equest cancel�atXOn o� such items from the Contract by giving the City of Denton
written notica. Cancellation wiil not go into e#'feci for 1 S calendar davs after a
det�imit�ation has been issued. Pxe-pxice incx•ease prices must b� honored on orders dated
up to the of�cial date of the City of Denton approval and/or cancellation.
The request can be sent by s�mail to; buichasin��cityofden.ton.cozn
Fage 3 of RFP 4729
RFP #4729 — HEAVY DUTY �'LEET MECHANICAL SERVICES FOR CITY OF DENTON
Oa� naail to:
City of Denton
Attn: Purchasing Manager
901B Texas Street
Denton, Texas 76209
The City of Denton reserves the i•ight to accept, reject, or negotiate the proposed price
changes.
6. SUBSTITUTIONS
Substifutions are not pertnitted without the written approval of The City of Denton.
7. DISQUAL�rICAT�ONS
Any terms and conditions attRChed to a solicitation will nat be consiclered unless
specificall� refei7ed to on a solicitation and may result in disqualification. Any p�•oposals
that do not clearly outline all quaiifications znay be disqualified.
8. INT�T.,LECT�UAL PROPERTY INDEMNIFICATION
The contractor will indemnify, defend and hold haxxnless tk�e City ofUe�ton, and its
authorized users, against any action or claim brought against the City of Denton, or i�ts
autl�o�ized use��s that �s based on a claim that safrivare infringes any patent rights,
copyright rights or inco�•porated misappropriated trade secrets, Contractor will pay any
darnages atti•ibutable to such claim that ate awarded against the City of Denton or its
autharized users, in a judgment or settlexnent. If the City of Denton or its authorized
users' utilizatian oithe software becomes subj�ct to a claim, or is ]ikely ta become
subject to a claim, in the sole opinion of the City of Denton, or its authorized use�s, the
Contractor shall, at its sole expense (1) procure for City of Denton or its authorized usexs,
the right to continue using such softwat•e under the terms af this Contract; or (2) replace
or modify the software so that it is non-infringing.
9. RiGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE
(GOVERNMENTAL ENTYTY QWNERSHiP)
Any softrvvare, research, rep�i�ts studies, data, photogxaphs, negatives or other dacuments,
drawings or materials p��epared by contz•actor in the performance of its obligations under
this contract shall be the exclusive propei�.� of the State of Texas and all such materials
shall be deli�vered to the Sta#e by the contractor upon completion, te�•znination, oz•
cancellation af this contract. Contractor may, at its own expense, keep copies of all its
�vrritings fo� its perrsonal iiles. Contractor shall not use, willingly allow, or cause to have
such rnaterials used �or any puipose other than the performance of contractor's
obligations under this contxact withaui the prior written consent of the State; provided,
Page 4 of RFP 4729
RFP #4729 — HEAVY DUTY FLEET MECHANICAL SERViCES FOR CITY OF DENTON
however, that contracto�• shall be allawed to use non-coniidential materials for wiiting
s�nples in pursuit af the work,
The owneiship rights described herein shall include, but not be limited #o, the right to
copy, publish, display, transfer, prepare derivative wazks, or otherwise use ihe works.
10. ADM�NISTY2ATIVE FEE
Per exception: No adr�inis#rative fee provision allotived.
11. ADpING 1v�W SERVIC�S TO T� CONTRACT AFTER AWARD
�ollowing tke Cont�•act awaid, ADDITIONAL servxces ofthe sam.e general category that
could �aave t�een encompassed in t�e award of this contract, and that are not already on
the contract, may be added, A formal written request may be sent to successful
Cor►tracta�� (s) to provide a propos�l on ihe adclitional services and shall submit proposals
to the City of Denton as instructed. Alt prices ai�e subject to negotiation with a Best and
Final Offer ("BAFO"). The City aiDenton may accept or reject any or all pkicing
proposals, and may issue a separate I2FP or IFB for the praducts after rejecting some or
aIl of the proposats. The corrtmodities and services covered under this pravision shail
conform ta the statemeni oiwork, specifications, and requiz•ements as outlined in the
request.
12. COOPERATIV� PURCHASYNG / PIGGYBACK OPTION
.. .
Per exception: No piggybackproviszon allowed.
Page 5 of RFP 4729
C on�ract # 4 7 2 9
Pricin
g
CxhibtE 1
�tI+'P # �729 .
Date: �une 21, 2011
�acipstl Place of �usiness
you lia��e p�ior �xpea�ienae working on siniitar pxajeets witli State of
;as gavernmental ageiicles?
��e you �rovided sit��ttar sea•vices for aver �'ive (5) years? If so, l�ow
ny yea�s?
�ume��ted �roof flf �t'least tluee (3) prajects i�� tIxe ��st fi�ve (5) yeais
t�rovided exceptioz�al service to the govexumenta! e�itify?
:ailed lis# of refere�zces auci detail�d lustoiy of success£�ii perfo�����auce
wit�� citafiiiig eomprehensive pla�is`?
How man �reviotis suacessfiil, st ioiects axe contasned witl�ui fhis list?
Describe similar sexvic�s your orga�aization l�as �rovided to at least th��ee
(3} goveriui�e�ital agei�cies i�t �Ile past 5 yeacs. Desciibe the si���ilaa•
seiv�ces:
Thc�e l31 a�e£erences fi�om cii�i�ts? __
�voice Paid iu 20
voice 1'aid in 15
voica Faid ii210
r�eet Sa�vxc� TQCIi - Regulax� Sk�o�� Sex�vice
Hourly Raie ivitk� less t�iat 20 houcs weekl5r
T�oit�ly Rate with more ihat 2d hottrs �t�eekly
Gont��actar �lgreed #� of Da�rs to have Staff on Locaiioai af�er ret��tes�
FEeet Sex•��ice Tech � Regular T�'iercY Service
Houi�ly Rate �vitlt iess tltat 201ioucs wee�Cty _
I�outly lZ�te w�th more that 2a hours weekly
Contracto� A reed # of I)ays to l�ar►c Staff onLocation aftar �'e i�est
Fleot Service Tech -�mergeaxcy, Afiex� Nvi�m;�l Hrs{7 Rm � d pan)
�pu���y Rate with less t��at 20 l�ours tiveekf�
�ot��l.�+ Raee with more #l�af 20 hours we�kl�+
Confracto�� Agreed # of Days io have Staff on T.,ocatlan afte� r�quesf
�leek Sei•vice Tec�x ���nergeriey, Weeicend & Holiday Sef•vice
I•Ioiirly lZate �vitlz less fiiat 20 houcs ��tTeekty
I�ourly S�ate with more that 201�oues weekly
Cont��actor t��ceed #..of Da�s #o lzatire Staff on Loeatioz� a£te� request
��;R `�s �� aiii�e�it : :
llarr L�uipmant
Coin�n�
Soi�fill�ke, TX
YES
�ES
rro
XES
S
NO
0%
0°l0
0°10
$GS,00
$65,00
1-nav
$GS.00
$G5.00
1-D�v
$75.U0
$75�00
6 Hours
$�15.00 '
$ I I5.00
b Hatt►•s
'' ��oA�� a6,zo.2011
�QUIPMHN:tlQt
�
I, �X�ll�lt �.
! Tab 3
�
C4ty o� Aer�to�n — RFP N0. �t729 Heavy Duty rleet Meclt�ilYCal Sei�vices
, The ��esponde��! shall cot�tplete fhe folJo�v���g sectlot�, tii�hrch di��ectly co�•respvrrds to
Seelian Il'-- Sco�e of �erv�ees, nnd Sectlon V, Paynte��i cu�d pe1 for�nartce ��eqtr�r•ef�tents.
; Tlre corttr�actor shal! �aot rtrqke cha�rge,s� to thls for°t��at.
t
�
;�
.� ;
}
�I
,�
,;
Ty�e af Sectiice R.equested Hot���ly Rate wifh Honely rate `vith Con#►�actoi• Agreed # of
Less than 20 hoius ��ox�e tl�an 20 Days to I�ave Sfaff oxi
��veelily hau��s weeI��y Loc�tion after reque�f
��eet �ervice Teclu�iaian -- $65.00 $65.00 l� Day
Regul�' �l�op Setvice �
Fleei Sarvice Teckxnician — $65.00 $&5.00 1- Day
ROgUIttT F�EIC� S�i�vice
Fleet Sex'vzce Techt�ic,lAt� --- $7�.40 $75.Q0 G Houzs
Eme��ge�iey, After Not�a��ai (7acY�-
6pnz) Haurs Seavzce
F1eet Service Tacl�nician— $1.15.00 $1 �5.00 6 Hpurs
Emergency, Weekend �nd Holida�
Service . .
We at�e assui�iing tltat if awarded the caaatt�act for 1 residexat teclu�iciau, he would be
� available vvithin 1 day notice, the schedule above ap�lies to additior�al employees, x£
� requited, sourceci fi�oin Du�r's Dallas or atl�er loeation.
_�
�
�
�
1
Exh�b�t �
City otr Denton - RFP Na. 4729 Heavy Du�y Flee� �Vlechanicai Services
Tab 2- Expedited Payment Discounfis
Please pravide the payment discounts belov�r yo� rnay be abte to pass ors to benefit The State.
Paysnen# �'erm Disco�urrts
Payment texms for the City pf Dentan are typically 30 days. Please indicate the add i�onal discouni exter�ded fio
� each rnonthly invoice tha� is Paid v,nthin �e fime period indicaied below.
C ontract #� 7 2 9
Sco e of �ork and Services
�
RFP #4'129 — HEAVY DUTY FLEET MECHANICAL SERVXCES FOR CITX OF DENTON
Section II
Scope of Work and Services
13. 5CUPE OF WORK AND SERVICES
The scope of work sh�l� be �inalized upon the selection of the Firm. The proposal submission
sha11 have accurately described your undet�standing of the objectives and scope of tha requested
sarvices and provided an outline of your process io implement the i•equirements of the Scope o�
Wo�•k and Services. It is anticipated ihat th� scope proposal sub�issian will include, at a
minimum, the following:
A. GENERAL RESPUNSIBILITI�S AND REQUIREMENTS
As a mechanically minded, customer focus mechanic, you will pzimarily be res�onsible
for the x�epair, sezvice, and maintenance of heavy duty fleet in the shop and in the �ield at
the customer's jab site. This could include troubleshooting and repairing diesel, hydraulic,
electrical, and mechanical equipment. You sha11 be operating from a seivice h�uck and wi11
be xequired to pei�foirn preventa#ive maintenance services as well.
Heavy Duiy Fleet 1VYechanic General Responsibilities:
• Must be able to perfo�m a variety of skilled duiies which rnay in�val�e inspection,
diagnosis, troubleshooting, maintenance, and repair on general rental and/or high x•each
equipmen.t
. Se��ice equipment as required to ensure prope�� operating condition at the job site
• Must be able to aperate equipment such as booms, forklifts, compressors, poi�table and
stationary genexators, hyciraulic and electricaI tools and equipment, and relaied toals
and equipment
. Satisfy in a timely znanner, all required docwnentation, timesheets, checklists,
receivxng records and repair order logs '
• Conduct preventative maintenance as required to ansuz•e the timely and accura�e
completion of preventative mainten.ance activities
• Clean vcrork vehicle and woric area as necessasy to maintain a safe work envixonment
• Meet all company, governmental and equipment �elated safety i�equirements
• Per£oirn other duties as assigned by the Service Manager or authorized personnel
Heavy Auiy Fleet Mechanic Requirements:
• Stxang mechanical aptitude
• Read and intei�pret specifications and manuals
1'age G of RFP 4729
RFP #�729 — HEAVY DUT'Y FLEET 1V�ECHANIC.AL SERVICES FOR CITY O�' DENTON
. Ability to diagnose and repau a wide vaxiety of inecha�ical and electrical equipment
• Ability ta safsly use �:anc� and power tools, equipment, and diagnostic devices
• Ability to understand and fill out service-related documents and paperwork
• Must be able to operate a 2 way radio, i�necessary
. Requires the ability to lift, push or pu11 and move up to 70 pounds and must be
capable of climbi�g, kneeling, twisting ar�d bending in a varied en.vuonment
. ML�st be dependable and xeport to �,voz�k on time
. Must be able to communicate effectively with customexs, super�risors, yard and
dispatch personnel .
• Must exhibit a high Ievel of safety consciousness and a clear understanding of
equipment safety
• Good wriiten and verbal communication skills
. Must maintain satisfactory driving record at a11 tinnes which may be subject to
approval by company's insu�er a�d in accordance with all applicable state and federaZ
laws
. Maintain and update fleet records by entering data into a computer
• A high school diploma (or equivaie�t)
. A valid driver's license plus must be able ta meet 2417 Studio's dxiving policy
requirements
. Vocational Training and/or Technical Ce�•tificate oi equivalent
• 5+ years experience as a heavy fleet/diesel meck�anic, preferabiy in the field
. Experience pei�forrning indush�ial lift andlor aerial equipment repairs preferred
. Provide own tools and possess ability �o safely and effectively use thetn
. Must he able to pei�foi�n basic coruputer operations
On-site Pe�•sonnel
The contractar shall p�•ovic�e a su�£'icient number of on-site personnel required to meet
the heavy duty maintenance and repair pe�'fortnance standards zx�utually agz•eed upon
by the City and the Contractor. At least (2) #wo af #he assign�d personnel shall be
Repair Specialists. Repair personnel a��e responsible fo�• researching to insure the
proper maintenance and repair to City fleet are completed in a timel� manner.
Cantraetor will be responsible fo� costs incu��red when a repair is not compXeted
according to industry standards.
Page 7 of RFP 4729
RFP #�729 — HEAVY DUTY FLEET MECk�AN�CAL SERVICES FOR CITY OF DENTON
Part Requirements
The contractor shall be p�ovided on-site pacts adeq�iate to meet the pai�ts requirements
�ox• all maintenance and repair of City heavy duty fleet. The City shall not �'equest and
will not be billed fo� �ny parts, as this is a service contract only.
Added per e�cepti�on; The City shall provide all "fluids", and any other maiirtenance
items generally consumed in the repair o�heavy duty fleet vehicles, such as shop rags,
adhesives, and hardware.
Util�txes ant� Service Area provided
The City will be responsible for supplying all utilities, including refuse callection, to
the seivice hay �rovided to the selected Contractor. Contractor wi11 be responsible for
all other equipmeni ox setvices, to pi•ovide the heavy duty mechanical repair and
maintenance services.
The Contractor shall not usa the faci�ity or other property furnished by the City �or
service woz•k Qn fleet noi owned or leased by the City. The Contractor shall not use
City property for any person�al advantaga, business gain, or othez pexsonal endeavor by
the Contractox� or th� Contractoi's employees oth.ex• than in the performance of fhe
woxk described in the agreement.
Warranties
The contractor shall provide a seivice repair warranty that is sta.nd�•d in the industry.
Repair or Maintena�nce of fleet not pex•foi7ned ia indust�y standards shall be
accomplis�Zed at the contractor's expense, at the option af the City.
_,_ . .. .....:......... _. .. , . ..
Pex�.�e�ception: .The City of Den#on has `accepted the proposed 90 ciay :waxxanty, .on
labor seivices:
Safety and Environrnental Hazards
The City does not wai7�ant or guarantee against the possibility that safety or
envu�onmental hazards or potential hazards may exist at the City's Fleet Services
maintenance facility. The Contractor shall be responsible for identifying any
hazardous conditions and notifying the City of these conditions in writing no latex tktan
30 days after conhact award and prior to initiation o� service delivery Qn the proparty.
This will be accomplished by the Contz•acto� conducting an environmental assessment
and an occupational health, and safety inspection af the serviee bay or field seivice
areas by competent, quali#'ied and appropriately licensed practitioners. '�'he cos#s of
these inspections and any subsequent corrective action will be negotiated between the
City and the Contractor.
Page 8 of RFP 4729
RFP #4729 -- HEAVY DUTX �'LEET MECHANICAL SERVICES FOR CITY OF DENTON
All contractors to the City of Denton are requir�d to ensur� absalute safety standards
are applied and enforced. The City of Denton will not be �esponsible for individual
contractor safety, and the a�va��ded contracto�• shall not hold the City of Denton
responsibie. Known haza�•ds shall immediately be reporied and all safety precautions
shall be taken to p�evez�t po#ential safety issues from occuiring.
CONTRACTOR STANDARDS OF PERFORMANCE
Monthly Maintenance and Repaii Time Standards - Contractors slaall fully understand
that the City relies on heavy duty equipment to pio�vide vital municipal services, and
the availability and reliability of the equipment is of the essence. With this in mind, the
Contractor shall rr�eet tk�e :EoX�owxng pea•�oza�aance standards at all times, Labor disputes,
st�ikes, and other events, except those beyond the Contractor's cont�•ol such as acts o�
God, shall not relieve the Contractoi� fiom m��ting thes� standards. For service
category, the Contractor must ensure the given level of ser�vice is achieved, vvithin the
designated nunnbex of working h.ours.
Service Provided On Demand � Firs 24 I3is
StandardMaintenance ;;`':.::90°�0.°:'':°; : ;;' i:': ;'::!95°10':'::':'':'`'° :`:'::: iQ0%,_`=:'`°
Light Repairs 90% 95% 100%
Heavy Repairs 90% ' 95% '., 100%
Performance Liquidated Damages
_ . ._
Per . exception; ;Liquidated . Damages xemoved.. : Contractoi .::shall. . ensure. ..that the
.;..
standazds„ �f p�rfo�mance expectaiioias identified in the above tahle sha11 be �aet.
B. PROPOS�D PROJ�CT STAFF
The respondent shall identify the key personnel who wi�l be directly assigned to primary
areas, State the qualifications and related experience of each mennbe�• of the proposed
sexvice deliveiy team and designate the employ of each team member e.g. corrxpany
amployee, contract ennployee, etc., and demonstza#e Company's or �ndividuat's relevant
experience ta the type o� r�vork solicited in the RFP. Provide an Organizational Chart with
�•oles and xesponsibilities of key individuals assigned to suppoi� the project. Include State
o� Te�as licensiue and National ce��tiiication numbers for individuals that will have heavy
Page 9 of RFP �729
RFP #�729 — HEAVY DUTY FLEET MECHANICAL SERVICES FOR CITY �F DENT�N
duty mechanical respansibilities for the specific requirements. Respondent must be
regisiered, or have pe�•sonnel on their cli�ect staffs that a�e registered in the professional
sei°crices discipline required ta perfoi7n the services requested in this RFP. Respondent
sha11 certify that all staff selected for this projeci shali be based on demonstrated
competence and qualificatians, in the matter provided.
1. Team Organization:
a. Provide details of hotiv the ieam will be organized in order to provide
continuity of service to the City of Denton.. Discuss the Firm's pi•oposed tea�xz
organization and cornmunication methods. Be specific with regard to internal
and external communications, quality control, electranic capabilities, and
indi�viduat responsibilities.
b. Provide details o� the sea•vice paovider's qualifications and their i�ole in Team
coordination and Eheir experienca delivering similar scale projects.
Provide a deseriptian of the Team:
i. Iden#iiication af the proposed service provider
ii. Identification of principals of the service team
iii. Identification of key personnel and theu area(s) of expei�tise (i,e. areas
with which they have at least five {5) years of e�perience)
iv. Organization Chat�t
v. Resumes for each key individual and principal on the sei�viee team anc�
definition of that individual's role in the project; resumes may be
included in a separate appendix
C. ANTICIPATED PROBLEMS AND PR�P�SED SOLUTIONS
Respondent sh�11 offer v�n7tten obsetvations, 6ased upon previous experiences in public
projects of this magnitude, acidressing any anticipated problems and offer p�opased
solutio�s to those problems,
D. ItELEVANT �7�EI2T�1�iCE AND CAPABTLTTIES
The responding individual or business shall provide pez�inent info�xnat�o� about the
individual or basiness and related experience(s) wi#h the requested services. In addition, the
individual oi business shail identify its total number of staff/personnel by discipline and
training and further describe the worktoad dw.7ng the stated contract pez�iod. Indfcate wlaat
resoutces the int�ividual ox� buszness will have available to ailacate to the project. The
respondent rnust currently be licens�d to perForm work in the State of Texas. A copy of
cuiYent licensing must be included in your pxopasal. Relevant experiences and
capabilitzes of the individuai or business team members and team as a whole will b� �ated
by the City b�+ a review of both comple#ed and on-going assignments, years of relevant
experience in communities oi cormparable size, and credentiais; greater w�ight will ba
Page 10 of RFP 4729
RFP #4729 — HEAVY DUTY FLEET MECHANICAL SERVICES FQR CITY OF DENTON
given to project expe�ience within the past five (5) years co�tainir�g tk�e team znernbers
proposed:
FIRMS ORGANZZATIUN
a. Name and Address of the Individual or Business
b. Genexal overview of the Business
c. Business Profite(s), including:
i. Type of Business (limited parfnership, co��oratian, etc.)
ii. Busz�aess �istory ancl Age
iii. Business Size (incluc�ing number in each required discipiine)
iv. Areas of specia� concentration
v. Telephone number and fax number
Relevant prio�• expex•ience informatio�n to include:
a. Entity Name and Location
b. Seivice description with specific descriptions of responsibilities, successes
and failuxes xeiated to the project. Include website URLs �Fox any sea•vice
pa•ojects far which they are available.
a Name and contact inffli7nation for the project manager oi• other ke�r
contact with the entity con.tracting these services.
d, List of znunicipal and private client references for releva�t px�ojects with
contact n�mes and telephone numbers
e. Past e�perience on similar and relevant projects,
f, Details of any awards received.
Project Understanding:
a. Briefly desc��ibe youx undex•sfanding of the requested services, important
issues, and City requirements.
Relevant Experience:
The Respondent shali ]iave the following minimnm experience and
demonstrate compliance with the folloti�ing xequire�ents: (Fir��s
which have not detai�ec� t�eir ex�erience as listed below shall be
considered nonresponsive).
a, Include t1v.�ee (3) exaznples of past work that has been successifully
implemented or services provided.
b. Five (S) years experience tivith similar sei�vices, provide a description.
Page 11 of RFP 4729
RFP #�L729 -- HEAVY DUTY FLEET MECHANICAL SERVICES FOR CITY OF DENT�N
c. A s#andard license or certif cation with h�avy duty fleet x�epair and
maintenance.
d. The individtial or business must be registered by the State of Texas o�• the
County of Denton as a business and the must have a11 licensure required
by the State to provide any services.
e, The individual or busin�ss musi disclose any husiness relationship that
would have an effeet, of a conflic# of interest. A conflict of ir�terest
statement must Ue signed as part of the contract negotiated with the
awardee(s).
Respondent shall detail a�xy aud alI relevant histoiy of litigation fnvoiving piibIic
pro�ects.
Responc�ent shall detail any aaxd all exceptions wiihin the proposa� xesponse.
E. ItEFERENCES
Respondent shall provide references including contact names, e-mail address�s and cut7ent,
conect ph�ne nurnbers of Firms or public entities for which you have perfoi�ned similar
professional sei�vices,
F. INSUItANCE
Respondent shall provide a cei�tificate of insu�•ance evidencing their general liability,
automobile and �vorker's compensatzon insurance coverage's and amaunts.
G. ADDITIDNAL GENERAL REQ[TIREIVYEI�TS
1. Prioz• to commencement of the seivices, th� City and selected individual or business
'will conduct an initial meeting to review the overall scope, schedule, deliveiables and
planning �rocess to implement a successfi�l program.
2. The awarded Cont�actox• shall provide to ihe Ciiy of Denton, detailed 3�eports of time
and services provided to the City on a monthiy basis.
3. Staff available to assist the selected provider is limited; the propasals submitted
should not anticipate extensive staff assistance dut�ing equipment repairs o�•
xnaintenance.
Page 12 of RFP 4729
Contract # 4729
Pa ment ax�d Performance
Y
Re uirements
q
RFP #4729 — HEAVY DUTY FLEET MECHANICAL SERVICES F012 C7TY' OF 17ENT0�1
SECTION III
Paymen# and Performance R�quirem�nts
V. PAYMENT AND INVOICES:
All proposals shall specify terms and conditions of payment, which will be considered as
part of, but not control, the award of proposals. City xeview, inspection, a�d pcocessing
procedures ordinarily xequire thirty (30) days afte�• receipt of invoice, mater•ials, o��
services. Proposals which call for payment b�for� thii�ty (30) da�s from receipt of
invoice, or cash discounts given on such payrnent, will be considered only if, in the
opinion of the Purchasing Manager, the review, inspection, and pzocessing px•ocedures
can be completed as speciiied.
Invoices shall be sent directly to the City of Denton Accounts Payable l7epai�rinen#, 215
E McKinney St, Dentan, TX, 76201-4299. Tt is the intention of the City of Denton to
make p�yment on completed orders within thirty days aftec receipt of invoice or iter�s;
whichever is later, unless unusual circumstances arise. Inr�ofces must be fully
dacu�ne�nteci as to lAbor, m�atex•ials, and equipment provided, i#' applicable, and must
reference the City of Denton Purchase Order Ni�mber in order to be processed. No
payments shall be made an invoices not listing a Purchase Order Number.
''VZ. TAX EXEMPTION:
The City oiDenton c�ualifies fox sales ta.c exe�nnption pursUant to the provisions of Article
20A4 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contrac�or
perfoiyning work under this contract for #he City of Denton may purchase materials and
supplies and zent or lease equipment sales tax fi�ee. This is accomplished by issuang
exemption certificates to suppliex�s. Certificates must comply with Stata Comptrollex•'s
ruling #95�0.07 and #95-0.09.
VII. PAYMENT TO PERFORMANCE MILESTONES;
Awarded contractox• shall pz•epare and subxnit invoices after completion of specific project
milestones. The invoice shall detail the major milestones accamplished ant� detailed cos#
information for project. These milestones s3�a11 be submitted to the City of benton and the
City's Project Staf� sk�all ��eview such for completion and accuracy, pxior to payment
authorization. The respondent shall complete Exhfbit 1, Pt�icing Sheet for RFP 4729.
Page 13 of RFP 4729
Cont�ract # 4729
Standard Terms and Conditions
Citv of Denton
Standard Purchase Terms and Conditions
These siandard Terms and Conditions and the Terms and Conditions, Specifications, Drawirtgs
and oiher requirements included in the City of Denton's solicitation are applicab�e to
Contracts/Purchase �rders issued by the City of Denton hereinafter referred to as the City or
Buyer and the Seller herein after referred to as the Bidder, Cantractnr or Supplier. Any
devi�tions must ba in writing and signed by a representative of the City's Procuremeni
Department and the Supplier. No Terms and Condittons contained in the Selfers Propasai
response, Invoice or 5#atement shail serve to madiiy the terms set forth herein. If there is a
cor�flict betwean the pravisions on #he face of the ContractlPurchase Order these written
prov€sions witl #ake precedence. . .
By submifting an Offer in respanse to the Salicitation, the Contractor agrees that the Contract
shalf be gaverned by the following terms and conditions, unless exceptions are duly noted and
fuliy negofiated. Unless otherwlse specified in the Contraat, Sectfans 3, 4, 5, 6, 7, 8, 20, 29, and
36 shali apply only to a Solici#atian to purchase Goods, and Sections 9, 70, 11 and 22 shall
apply only to a Solicikation to purchase Services to be performed principally at the City's
premises or on public rights-of-way,
1. CONTRACTOR'S OBLIGA710N5. The Contractor shaff fully and timely pravide ali deliverables
descrihed fn the Salicitation and in the Contractor's Offer in strict accardance witt� the terms, covenartEs,
and conditions of the Contract and all applicable Federal, State, and focal laws, ru�es, and rsgulations.
2, EFFECTIVE DAT�II'ERM. Unless otherwtse specified in the Sfllici#aifon, this Coniract shall ba
eifecfive as of the �ate the contract is signed by fhe City, and s1ta11 continue in effect until all abtigations
are performed in accardence wifh the Conlracf.
3. CON7FiACT�R 70 PACKAG� qEl.IVERABLES: The Contractar wlll package defiverables in
accordance with good commercial practice and shall include a packing list shawir�g the description of
each item, the qu�ntity �nd un9t prioe unless otherwESe provided in the Specifications or Supptemental
Terms and Conditions, each shipping contalner shall be c�eariy and permanentiy marlced as follows: (a)
The Contractor's name and address, (b} the C�ky's name, address and purchase order or purchase
release number and the prlce agresment number if applicable, (c) Container number and total number of
containers, e,g. box 1 oi 4 boxes, and (d} the number �f the contafner bearing the packing list. TF�e
Confractor shall bear casi of packaging. Deliverables shall be suitabfy packed to secure lowes#
tr�nsgortation costs and io conform fo ail the requirements of common carr[ers and any applfcahle
spec[fication. 7he City's count or weight shall be final and conclusive on shlpmenks not accompanied by
packEng lists. �
4. SHII'MENT iJNDER RES�RVATION PROHIBf7�D: The Cantractor is not authorized tn ship the
deliverables under reservatlon and no tender of a bill of lading will operate as a tendar of dellverables.
5. TITLE 8 RlSK OF LOSS: 7itle to and risk of toss of the deliverables shall pass to the City only when
fhe City actually recefves and accepts the delfverabtes.
B. q�LIVERY TERMS AND TRAN5pOR7Aii0N CHARGES: Dellverables shali be shippad F.O,B. point
of deli�ery unless otherwise specified in #he Supplementat Terms and Conditions. Unless afherwise
stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation
charges. Ths Cily shal! have the rlght to designate what method of transportation shell be used to ship
the deliverables. The piace of delivery shall be that set forth the purchase order.
t� �.�.a.��
7, RiGHT 0� INSP�CTION AND REJECTION: The City expressly reserves all rights under law,
including, but not limited to the lJniform CommarcEal Code, #o inspect the deliverables at delivery before
accepting fhem, and to rejeot defective or non-conforming defiverables. lf the City has the right to Inspeot
tite Contractors, or the Contractor's Subcont�actor's, facilities, 4r the'deliverab�es at the Contracior's, or
fhe ContractoPs Subcontractnr's, premises, the Contractor shall furnish, ar cause ta be furnished, without
addi#ional charge, all reasonabie facilities and assistance to the City tn facilitate sueh inspectlan.
8. NO REPLACEM�NT O� D���Ci'IVE T�ND�R: Every tender or delivsry of defiverables must fully
comply with afl prow�sians of the Contract as to time af delivery, quality, and quantity. Any non-complying
tender sh�li constitute a breach and Eh� Cnntractor shal) not have t�e right #o s�bstitute a conforming
fender; provided, where the tfine for pertormance has not yet expired, the Contractor may notify ti�e City
of the lntention to cure and may then maka a conforming tender w�fhin the time alfotted in the contract.
9, PLACE AND CONpIT10N OF WORK: 7he Clty shall provide the Contractor access to the sites where
the �ontractor is to perform the services as required in order far the Cantractnr tc� perform the servlces 1n
� iimely and efficient manner, in accordance with and subject to tf�e applicab�e security laws, rules, and
regulations. ihe Contractor acknowfedges tt�at ii has sails#ied itself as to the nature of !he City's service
requirements and specifications, the iocation and essential characteristics of the work s(fes, the quality
and quantity of materlals, equipment, labor and iacilities necessary to perform the services, and any other
condifion or state of fact which aould in any way aHect perFormance of the Contractor's abligations under
the contraot. The Coniractor hereby releases and holds 3he City harmless from and against any liability or
claim #ar dameges of any kind or neture if the actual site or senric� conditions differ from expected
cortditions.
10. WORKFORC�
A. The Cantractar shall employ only orderly and competent workers, sEcilled in the performance of the
services which they will perform under the Contract,
B. The Contractor, its empioyees, subcontractors, and subcontractars employees rr�ay not while engaged
(n partirapating or responding to a solicitation or rivhile in the course and scope of dallvering goods or�
services under a Ci#y of Dentan contract or on the City's prope�ty .
i. use or possess a firearm, inctuding a canceated han�gun that is licensed under state Eaw,
except as required by fhe terms of ihe contract; or .
ii. use or passess alcoholic ar ather Intoxicatfng beverages, illegal drugs or controlled substances,
nor may such workers be inkoxicated, or under the influence of alcohol or drugs, an the job.
C. If the Ciry or the Clty's �epresentative notifies the Contractar that any woricer is incompetent, disorderly
or disobedient, has knowingly or repeatedly viaiated safety regulations, has possessed any flrearms, or
has ppssessed or was under the influence af alcohol or drugs on.the job, the Contraator shall immediateiy
remove such worker from Co�tract servlces, and may nat employ such worker again on Cantract services
without the City's prior written conseni,
lmmigrafion: The Coniractor represents and warrarrts that it shall comply with fhe requirements of the
lmmigrafion Reform and Control Act af 1 a88 and 1990 regarding employment verification and retentian of
verification farms for any indivfduals hir�d on or after [�ovember 6, 9986, who wiil perform any tabar ar
services under fhe Contract and the Illegal Immigratlo� Refarm and Immigrant Responsibility Act af 1996
(°IIRIRA) enacted on September 30, 1996.
91. COMPi.IANCE WITH H�A�TH, 5AFETYf AND �NIJIR�NMENTAL REGUI.ATIONS: 7he
Contractor, it's Subcontrackors, and ihelr respective smployees, shall comply fuliy with all appiicable
federal, state, and local health, safety, and er�vironmental laws, ordinancss, rules and regulations in the
performance of the serofces, including but not timited to thase �romulgated by the Ciry and by th�
�ccupa#ional Safety ar�d Health Admin[stration (OSHA). In case of conflfci, the most stringent safety
requirement shall govern, The Contractor shall indemnify �nd hold the City harmless from and against all
alaims, demands, sutts, actions, judqments, fines, penaltiss and liabilify of every kind arising ftom the
breach of the Contracfors obl(gations under this paragraph.
� a'�`�`��
Enviranmental Proteailan: the Respondent shalf be in compliance with all applicable standards, orders,
ar regulations Issued pursuant to the mandates of fhe Clean Air Act (42 U.S.C. §7401 et seq.) and the
Federal Vkrater Pallution Gontral Act, as amended, (33 U.S.C. §125i etseq,).
12. INVOICES;
A. The Contractor shall submit seperate (nvolces in duplicate on each purchase order or purchase
refease after each delivery, If partial shipments or deliveties are authorized by the Gity, a separate
invoice must be sent for each shipment or delivery made.
B. Proper lnvaiGes musf includ� a un[que involce number, the purchase arder or defivery order
number and the master agreement number If appficabie, the pepartment's Name� and the
name of the• point of contact fof the Department. Invo3ces shall be itemized and transportatlon
charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybifl, when
applicable, shall be aftachad to the involce. The Contractor's name, remittance address and, If applicabfe,
the tax identificatfon number on the lnvoice mus# exactly mafch the information in fhe Vendar's
reglstrativn with the Ctty. Unless otherwise inst�ucted in writing, fhe City may rely on t�e remittance
address speclfied an the Contractor's invoice.
C. Invoices for labor shall inolude a copy of aif time-sheets with trade labor rate and deliverabtes order
number clearly (dentifed. (nvoices shall alsp include a tabulation of work-hours at the appropriate rates
and grouped by work order number. 7ime billed for labor shalE be limited to hours ac#ually worked at th8
worEc site. •
D, Unfess otherwise expressly autharized in the Corztract, ihe Contractor shall pass thrnugh all
Subcontract and other authorized expenses at actua! cos# without markup.
E. Federal excise taxes, State kaxes, or City sales faxes must not be included in the invoiced amount.
The City wtEl furnish a fax exempt+on ce�tificate upon request.
13. PAYM�NT:
A. AI! proper invoices need to be sent to Accounts Payable. Approved invaices will be paid within thirly
(30) catendar days of i�e City's receipt of the deliverables or of the invoice being received in Accounts
Payable, whlchsver is later.
B. If payment ls noi timeiy made, (per paragraph A); Interest sh�ll �ccrue on the unpaid balance at
ti�e �ease� of the rate speciiYed in 7exas Government Code Sectlon 2251.02� or the max➢mum
lawful rate; except, if payment i� not iimely made for a reason for which the City may withf�otd .
payment hereunder, interest shall nat accrue untit ten (70) calendar days after the grounds for
wiEhhalding paymeqE have been resolvect.
C. lf partlal shipments or deliveries are authorized by the Ciry, the Contractar will be paid for the partial
shipment or defivery, as stated above, provlded that the invofce matches the shipment or detivery.
D, 7he City may withhold or sst off the entire peyment or part of any payment oti�erwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defectfve ar non-canforming deliverables by the Contractor;
ii. third party claims, which are not covered by the fnsurance which the Conttactor Es required to
pravida, are filed or reasonable evidence indicating probable filing of such cfalms;
iii. failure of #he Contractor to pay Subcontractors, or for labor, materlals or equipment;
iv. damage to the property af the City or the City's agents, emplayees or contractors, which is not
aovered by insurance required to be provided by the Contractor; as lfmited by the insurance �.
�quirements of this coniract_
v. reasonabte evidence that the Contractor's obligations wi{I not be completed within the tlme
specified in the Contract, and thai the unpaid balance would noE be adequate to aover actual or
Itquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invaices with purchase order number, with all
requlred attaChments and supporting
documentation; or
vii. failure of tha Contractor to comply with any material provisian of the Contract Documents.
�. Notfce fs hereby given that any awarded Firm who is in arrears tn the City of Dentan for definquent
taxes, the City may offset indebkedness awed ihe City through payment withhotding.
� �i �.`�• t�
F_ Payment wili be made by check unless ihe parties mutual(y agree to payment by credit card or
efectrdnic transfer of funds. The Contracior agrees that there shall he no additianal charges, surcharges,
or penalties to the City far payrrtents made by credit card or eEectronfc funds transfer,
G. 'The awarding or confinuation of this contract is dependent upon the availability of funding. The City's
paymeni obitgations are payabfe only and solefy frnm funda Approprlated and availabie far this oontrac#.
The ab&ence of Approprfated or other lav�+fully available funds shall render the Contract null and void tn
the extent funds are not Appropriated ar available and any defiverables delivered but unpald shaii be
returned to the Contractor. ihe City ahall provide the Contractor written notice of the failure af the Ci#y ta
make an adequate Appropriatio� for any fiscal ye�r to pay the amounfs due under the Contract, or the
reductlon of any Appropriation to an amount insu�cient #o permit the City fo pay ifs obligaiions undsr the
Contract. In the eveni of none or inadequate apprapriation of funds, there wiil be na penalty nor removal
fees charged to the C(ry.
14. TRAVEL �XPENSES: All travei, lodging and per diem expenses in connection wiih the Coniract shall
be pald by fhe Contractor, unless otherwise stated in the contract terms.
15. FINAL PAYMENT AND CLOS�-OUT_ '
A. If a DBEIMBFJWBE Pragram Plan is agreed to and the Contractor has identifisd Subcontraotors, the
Contractor is required to submit a Contracf Clase-Ouf MBFIVIIBE �omplfance Report to the Purehasing
Manager no later fhan ihe 16fh calendar day after completion of aEl wotk undar the contract, Final
payment, retainege, or both may be withhefd if the Contractor is not fn compliance wifh the requirements
as accepted by the City, �
B. The making and acceptance of final payment will cansfitute:
i. a waiver af all claims by the Clty aga(nst ihe Contractor, except claime (1) which have been
prevlously asserted in writing and not yef settied, (2) arlsing f�om defective work appearing after flnal
inspection, (3} arising from failure of the Gontrac#or to comply with the Contract or the terms of �ny
warranty specified herein, (4) arlsing from the Contracfor's cantinuing obligatlons under ti�e Cont�act,
including buf not lirrtited to indemnify and warranty oblf�atEons, or (5) arising under the City's right to audit;
and ii. a waive� of al{ claims by ihe Contractor against the Gity other than those previously asserted in
wrifing and not yet settled.
16. 9PEClAI. TOOLS & TEST �QUIPMENT: if the price stated on the Offer tncludes �te cost of any
special tooling or speciai test equipmeni fabricated or required by the Contractor for the purpose of filling
this order, such speciai tooling equipment and any process shee#s related thereto shakl become the
property of fhe City and shall be identifled by the Contractor as such.
17. RIGHT'iOAUDIT;
A. The Cantractor �qrees that the represeniatives of the Office of the City Auditor or other authorized
represenFati�es of the Ciry sha11 have access to, and the right to audit, examines, or reproduces, any and
all records of fhe Contracior related ta the performance under this Contract. The Gontractor shall retain al{
suoh records for a per]od of four (4} years after final payment on this Contract ar untif all audit and
litigat[on matters that the City has brougflt to the attenNon of the ContraCtor �Pe resolved, whichever is
longer. The Contracto� agrees to refund fo the City any overpayments dlsclosed by any such audit.
B. Tha Contractor shall include sectlon a. above in at{ su�contractor agreements entered into in
conneciion with this Cflntraot.
18. SUBCONTFiACTOR8:
A. lf the Contractor identiffed Subcont�actors In a bBE/MBFJWBE agreed ta Plan, the Contractnr ahall
comply with al! requirements approved by ti�e City. The Cantractor shall not initially emplay any
Subcontractor except as provlded In ti�e Contractor's Plan. 7he ConEractor shafl not substltufe any
Subcontractor identliled in �he Plan, unless tl�e substitute has been accepted by the Ciky in writing. No
acceptance by ihe City of any Subcontractor sh�ll constftute a waiver of any rights or remedfes of the Ciry
with respect to defective dellverables provided by a Subcontractor. lf a Plan has been approved, the
Contractor is additionaify required to submit a monihly Subcontract Awards and Expenditutes Repart to
ihe Procurement Manager, no later than #he tenth calendar day of each mon#h.
,��,`� �'
B. Woric performed for ihe Contractor by a Subcontractar shall he pursuant to a wriEten contract between
the Contractar and Subcontraotor. The terms of the subcontract may not conflict with the terms of the
Contract, and sha[I cantain provisions that:
i. require that all deliverabies to be provided by the Subcontractor be provided in strict
aacordance with the provisions, specifications and terms of fhe Contract;
ii. prohibiE the Subcontractor from further subcontracting any portion of the Contract wfthout the
pr�or written consent of the Ciiy and th� Contractor. The City may require, as a condition to such further
subconVacting, that ihe Subcont�actar posi a payment bond in form, substanca and amount accepEable to
the Ciry;
iii. require Subcontractors to submit all invoices and applications for payments, including any
cia�ms for additional payments, damages or otherwise, to the Contractor in suifcient time to enabfe the
Contractor to inc[ude same with its Invoice ar applicaiion for payment fo the City in accordance with the
terms of the Contract;
iv. require that all Subcontractars abtain and maintain, throughout the ferm of #heir contraci,
insurance in the type and amounts specifisd for the Contractor, with the Ci�y being a namad insured as its
interest ahail appear; and
v. requfre that the Subconfractor indemnify and hotd ihe Clty harmless tn the same exfent as the
Contractor is required to indemniiy the City.
C. The Contractor shalE be ful(y r�sponsible to the City far all acts and amissions of the Subcontraators
just as the Contractor is responsibie for the ContraotoPs own acts and amiss9ons, Nothing in the ConEract
shall create for the beneflt of any such Subcontractor any contractual relationahip between the City and
any such Subcontractar, nor sha11 it create any o611gation on the part of the Clty to pay or to see to the
p�yrnent af any moneys due any such Subconiractar except as may atherwtse be requfred by law.
D. provided Su -I�contractors are requested. and a�nroved by the Citv of Denton. The Cont�actcr shall pay
each Subcantractor its approprlate share of payments made to the Contractor �later than ten (1Q)
calendar days after receipt of payment from the CIty.
19. WARRANTII-PRiCE:
A, the Contractor warran#s the prices quated in the Offer are no higher tha� fhe ContractaPs currenf
prices an orders 6y others for like deliverables under simifa� #erms of purchase.
B, The Contractor certifes that the prices in tha Affer have been arri�ed at independent(y wifhoat
consultation, communfcaiion, or agreement for the purpose of restricting competition, as to any matter
refating to such fees with any otiter flrm or with any campetltor.
C. ln addition to any other remedy available, the City may deduot fram any amounfs owed ta the
Contracto�, or otherwise recover, any amounis paid for items in excess of the Contractor's cuITeni prices
an orders by others for like deliverables under simila� ierms of purohase.
20. WARRANTY — TlTk.�: The Corltractor warrants that it has gaod and indefeasibte tifle ta all
deliverabies furnished under the Contract, and that the deliverables are free and clear vf all liens, �f�ims,
security interests and encumbrances. The Canfractor shall indemr�iFy and hold the City harmless from and
againsi ail adverse title claims to the deflverables.
21. WpRFtANTY -- DELIVERABL�S: For all deliver�i�esf �artsl orovided b�,the Contractor fo ihe Cify� %�'
be to ��he Contractor warrants and represents that all deliverabies sold the City under the Cont�act
s�ail be free from defects in design, workmanship or manufaoture, and canform in a(f mafer�al respects to
the speciflcatians, drawings, and descriptions in the Solicitation, to any samp[es fu�nished by the
Contractar, to the terms, covenants and conditions at the Confract, and to all applfcable State, Federal or
laca! taws, rutes, and regutations, and industry codes and standards. Unless othervuise stated in the
Solicitation, fhe deliverables shal[ be new or recycled merchandise, and not used or reconditianed.
A. Recycled deflverabtes shall be clearly identified as such,
�.1'he Contractor may not limit, exclude or disclatm tha foreg4ing warranty ar any warraniy im�lied by
law; and any at�empt to do so shall be without torce or effect.
C, Unless otherwise specified 'fn the Contract, the warranty period shail be at least one year frorn the date
of acceptance of the deliverables or from the date of aaceptance of any replacement deliverables. If
during the warranry period, one ar more af the above warranties are breached, ths Contractor sha[i
promptly upon receipt of demand eifher repair the non-conforming del{verabies, or repiace the non-
(`�a .1�.�1
canforming deliverables wiih fully conforming deliverables, at the City's option and ai na additional cost #o
the City. All casts incidental to such repair or replacement, including but noi Ilmited to, any packaging and
shlpping costs shall be borne excluslvely by the Con�racfor. The Ciry shafi endeavor to give the
Contractor writien notice of the breach of warranty withln thirty (30} calendar days of discovery of the
breach of warranty, but failure ta give timely natice shail not impafr the City's rights under this seckion.
D. !f the Contractor is unable or unwilling to repai� or replace defective or non-canforming deliverables as
required by the City, then In add'ttion to any other available remedy, the City may reduc,� ihe quantity of
deliverables it may be required to purchase under tlze Contract from the Contractor, and purchase
canforming deliverables from other sources. In such event, fhe Contractor shall pay to the Cify upon
demand the increased oost, if any, inourred by the Ciry to procure such delfverables fram another source.
E. If the Contractar is not the m�nufacturer, and the deiiverables are covered by a separate
manufaoturer's wa�ranty, the Contrackor shall transfer and assign such manufacturer's wa�ran#y to the
City. If for any reason the manufacturer's warranty cannot be fully kransferred to the City, the Cantractar
shall assist and cnoperate wlfh the Cfty to the fuUest extent to enforce such manufacturer's warranty for
the. benetlk of the City.
22. WARRANTY — S�RVICES: The Contractor warrants and represents thai alE services to be provided
the C[ty under the Contract wiH be fulty and timely psrtarmed in a goad and workmanlike manner in
accordance with generally accepted industry standards and practices, the terms, conditions, and
covenants of #he Contract, and al{ applicab(e Federal, State and locai I�ws, rules nr regulatfans.
A, The Contractar may not limit, exclude or dEscEaim the foregofng warranty or any warranty implie�
law, and any a#tempt to do so shal! he without farce or effect,
B. UNess otherwise spec{fied 1n the Contr�ct, the warranty pertod shall be a�Neast�e-�ea�9� davs. m
ihe Acceptance Date. if during the warranty period, one or more of the above warranties are breached,
the Contractor shall promptiy upan receipt of demand perform #he sarvices again in accardance wi#fi�
above standard at no additional cost fo the City, Aii costs 1ncldenial to suoh additionai periormaoca shall
be borne by the Contractor. The Gity shall endeavor to give the Contractor written notice of the breach of
warranty within t�irty (30) calendar days of discovery of the breach warranty, but failure to give timely
notice shall not impair the Clty's rights under fhis section.
C. If the Gantractor Is unable or unwilling to perforrn its servlces in accordance with the above standard
as required by the City, then in �ddition to any other availab]e remedy, the G!ty may reduce the amount of
services it may be required to purchase under the Contract from the Contractor, and purohase conforming
services from other saurces. in such event, the Contractar shall pay to the C'tty upon demand the
increased cost, if any, (ncurred by the City to proaure such services irom another source.
23. ACCEPTANCE OF fNCaMPLETE OR NON-CON�OI2MIN(3 DELIVERABLE3: If, instead of
requiring immediate correction or removal and replacement of defective or non-conformfng defiverables,
the City prefers to accept it, the City may do so, The Contractor shall �ay all cfaims, costs, [asses a�d
damages attribufable to the City's e�aluation of and determination to accept such defective or non»
oonforming delive�ables. if any suoh acceptance occurs prior io �nal p�yment, the City may dedact such
amounts as are necessary io compensate the City fer the diminished value of the defective or non-
conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded io
the City by the Cor�tractor.
24. RI�HT T� ASSURANCE: Whenever pne party to the Contract En good faifh has reason to question
the other party's intent to pe�form, demand may be made to the other party for written assurance of the
intent to perform. In the event that na assurance is given within ihe time specified after demand is made,
the demanding party may treat this failure as an anticipatory repudiatian of the Contract.
25. STOp W�RK NQTICE: The Clty may Issue an {mmediafe Stop Worlc Notice in the event the
Contractor is observed perForming in a manner thaf is in violation of Federal, State, or local guidelines, or
in a rnanner that is determined by the City to be unsafe to either life or property. Upan notification, the
Contractor will cease all work until notified by #he City that the vialation ar unsafe conditinn has been
corrected. The Cantractor shall be liable for al[ costs inaurred by the Cffy as a resuli of the issuance o#
such Stop Wflrtc Notice.
� "1- 0�+`1
26. DEFAULi: The Contracfor shall be (n default under the Contract if the Con#ractor (a) fails to faliy,
timefy and faithfully perform any of its materia) obligatioas under the Contract, (b) fails fo provide
adequate assurance of periormance under Paragraph 24, (c) becomes insolvent or seeks relief under ihe
bankruptcy laws of the United States or (d} makes a material misrepresentation in Contractors Offer, or in
any report ar deliverable requlred to be su�mitted by the Contractor ta the Cfty. .
27. TERMINATION FOR CAUS�: In the event of a defauft by the Contractar, the City shall have the right
to kerminete the Contract fQr cause, by w�tten notice effect�ve ten (10} calendar days, unless afherwise
speolfied, af#er the dafe of such notice, unless the Contractor, within such fen (10} day period, cures such
default, or.provides ev(denoe su�cient to pr4ve to the City's reasonable satisfaction that such default
does not, in fact, exist, !n additton fo any other remedy availab�e under iaw or in equity, the Gity shall be
entitfecf to recover all actual damages, cosfs, losses and expenses, incurred by the City as a result of the
Contractor's default, Includtng, wititout I(mitation, cost of cover, reasor�able attorneys' fees, court costs,
and prejudgment and post-judgment interesi af the maximum lawfui rate. Additionally, in the event of a
defauit by fhe Contractor, the City may remove the Contractor fram the City's vendor Ifst for three (3)
yea�s and any Offer submitfed by the Contractor may be dfsquatitled for up to three (3) years. All rights
and remedies under the Cpntraot are cumula#ive and are not exclusive of any other rigi�t or remedy
provided by law.
28. 7ERMlNAT[ON W11'HOUT CAUSE: 7he City shail have the right ta terminate the Contract, in whole
or in part, without cause ar�y t(me upon thfrty (30} caiendar days' pr€or wriften noilce. Upon feceipt of a
notice of terminatian, the Contractor shall promptly cease all further work �ursuanf to fhe Contraat, with
such exceptions, if any, specified in the nofice of terminafion. The City shail pay ihe Contractor, to #he
extent of funds Appropriated or otherwlse legally availabie for such purposes, for all goods delivered and
s�rvlces performed and ohligations incurred prior to the date of iermination in accordance with the terrris
hereofi.
29. PRAUD: �raudulent statements by the Contractor on any �ffer or in any report or deliverable required
to be submftted by the Contractor to the City shall be grounds for the termination of the Contract for cause
by the City and may result in �ega! action.
3Q. DELAYS:
A. The City may delay scheduled deiivery or other due dates by written notice to the Cant�actor !f 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 shalt negotiate an equftable adjustment for costs incurred by the Contracior in
the Contract price and execute an amendment tn the Contract. The Contractor mus# assert its rfghf to an
adjustm�nt wifhin thirty (30) calendar days from the date of receipt of the notice af delay. Failure to agree
on any adJusted price shail be handled under the Dispute Resalution pracess specEfled in pa�agraph 49.
However, nothing-in this pravfston shall excuse the Contractor from delaying the delivery as natifled.
B. Neither party shali be liable for any default or delay in #he performance of its oblfga�ions undar this
Confract if, while and to ti�e aMent such defaalt or defay is caused by acts af Gad, flre, riots, civil
commotian, labor disruptlons, sabotage, sovereign conduct, or any other cause beyond the reasonab[e.
cantrol of suah Party. in the event of default or delay in contract perFormance due io any of the foregoing
causes, then tMe time for camptetion of the services wi[i be extended; provlded, however, in such an
event, a cottference wilf be held within three (3) business days to establish a mufualfy agreeable period of
time reasonably necessary to overcome the effect of such failure to perforrn.
31. IND�MNiTY: A. Definitions:
I. "Indemnifed Claims" shali include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type ar description, including all reasonable costs and
exQenses af litigation, mediation or other atternate dispute resalution mechanism, including
attorney and other professional fees for: (1) damage to or loss of the property of any person
(including, but not iim(ted to the Clty, fhe Contractor, their respective agents, offlcers, employees
and subcontractors; the o�icers, agents, and employees of such subcontractors; and third .
parties); andlor (2) death, bodily injury, illness, disease, worker's campensativn, logs of services,
or [oss of income or wages to any person (including but not limf#ed to the agenfs, officers and
�n1.'a-a.��
employees of the City, the Contractor, the Contractor's subcontractors, and third pa�ties), ii.
"Fauit" shall include the sale of defective or non-conforming deliverables, negllgence, willful
mfsconduct or a breaah of any legally imposed strict liability standard.
B. TNE CGNTRACTOR SHALL �EFEND (AT 7N� OPTION OF THE CIIY), IHOffMNIFY, AND HOI.D 7H� CITY, ITS
SUCCESSOR3� ASSIONS, OFFICERS, EMPLOYEES AND ELECTEO OFFICIAIS HARMl68S FROM ANd AL3AINST Al.l.
INDEMNIFIEG CLAIMS DIRECTLY A#t1SING OUT OF, INCibENT 70, CONCERNING pR iZE8UI.71NC �[tONi 7HE �AUIi
OF THE CONiRACTOR� OR 7HH CON7RACTOR'S AGENTS, EMpi.OY��S OFt SUBCONTRACT4RS, IN THE �
AERFORMANC� OF 7HE CONTRAC7bR'S 06LIGATIONS UNOER TH� CQNTIiACT. NOTHING NER�IN 5HALL BE
OEEMED t0 LINIlT THE RIGHTS OF iHE CITY dR TiiE GONTRACTOR (INCi.l101NQ, �U7 Nt?7 LfMI'FED TO� TFi�
RIGHT 7p SE�K CQNTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY SE LIABLE FOR AN IN►JEMNIFIED CLAIMl.
32. ItVSURANCE: The following insurance �equirements are applicable, iri addition to the speaific
[nsurance requirements detalled In AttachmenE A, The successfui firm shall procure and maintain
insur�nCe of �he ty�es and in the minirnum amounts aCCeptable to the City of Denton. The Insurance shall be
written by e company Ilcensed to do busfness in the Siate af Texas and sattsfactory to the City of Denton,
A. General aequiremerrts.
i. 7he Contractor sh�ll at a minimum earry insurance in the types and amounts indicated and
agreed to, as submitted to the City and approved by the City within the procurement pracess, far
the duration of th� Contract, including extension opfions and hold over periods, and during any
warranty period.
iI, i'he Contr�etor shall provide Certificates af Insurance with fhe coverage's and sndorsements
required fo the City as verification af coverage prior to contract execution and within fourteen (14)
calendar days after written request from the City. Failuie to provide the required Certificate of
Insurance may subject the �ffer to disqualification from consideratton for award. The Contractor
must also forward a Certificate of Insurance to the C(ty whenever a�revlousiy (dentlfied poilcy
period has expfred, or an e�ension o�fion or hold over period is exercised, as verlficaiion of
continuing coverage.
ili. The Contractor shall not commsnce work until the requfred insurance is obtained and unti!
such insurance has been reviewed by the City. Approva! of insurance by the City sha{I not relieve
or �ecrease the I�abifity of the Contractor hereunder �nd shall noi be cons#rued to be a ilm[tation
of liability on the part of the Contraciar.
iv. The Contractor must submit certiflcates of insurance to the City for all subcontractors prior to
the subcontrac#ors commencing worEc on the projeet.
v, The ContractoPs and all subcontractors' lnsurance coverage shall be writtan by companies
8censed to do business In the State of Texas at the time the policfes are issued and shail be
wrltten by companies with A.M. Best ratings of B+VII or better. 7he Ciry wilf accept workers'
cpmpensat#on coverage written by the 1'exas Workers' Compensation Insurance Fund.
vi. All endorsements naming the City as additional lnsured, wa�vers, and notices af cancellat(on
endorsements as well as the Certlticate of Insurance shall contain the solicitation number and the
fo�lowing informatton:
City of Denton
Mater[ais Management Department
901 B Texas Street
Denton, Texas 762d9
vii. The uothe�" insurance clause shait not apply to the City where the City is an additionai insured
shown on any policy. It is intended that poilcles required in the Contract, covering both the City
and #he Con#ractor, shall be considered primary coverage as appiicable.
viii. If insurance policies are not written for amounts agreed to wlkh khe Ciiy, #he Contractor shafi
carry Umbrella ar Excess Liabilify Insurance for any differences In amounts speclfied. If �xcess
Llability Insurance is pro�ided, it shall follow the form of the primary ooverage.
ix, The City shall be enfitlad, up�n request, at an agreed upon �ocation, and without expense, to
review certified copies of policies and endorsements thereto and may make any reasonable
reqUests for deletion or revision or rnodificatian of particular pollcy terms, conditians, Ilmltaflons,
��,,�..�.•\\
or exctuslons except where poficy provisions are established by law or regulafions binding upon
either of the parties hereto or the underwriter on any such policies.
x. The City resenres the right to �eview the insurance requirements set forth during tite effeciive
period of ihe Contract and to make reasonabfe adjustments to insurance coverage, limits, and
exclusfons when deemed neaessary and prudent by the Cily based upon changes in statu#ory
law, cou�t decfsions, the clalms hESiory of the Industry or financial condition of the i�sutance
company as weil as the Contractor.
xi. 'ihe Contrac#or shall not cause any insuranca to be cancefed nor permit any insurance to
lapse during the ferm of the Coniracf or as required in the Contraci.
xli. The Cohtractar shall be responslble for premiums, deductibles and seif-insured retentions, if
any, stated [n pofic[es. All deductibles or self-insured �etentfons shalf be disclosed on the
Cerifflcate af Insurence.
xili. The Contractor sha(1 endeavor to provEde the City thirty (30j oalendar days' wr(tten notice o�
erosion of the aggregate fimlts below ocaurrence limits for all applicable coverage's indicated
within the Can#ract.
xiv. The insurance coverage's specifled in wli�in the soUcltaklon and requirements are required
minimums and are not intended to limit the responsibiliry or liabflity of the Gontractor.
S. Spe�ific Coverage Requirernents: Speciffc insurance requ�rements are contained in the salicitatfon
instrument a ave b ubmmed o the of Denton In a ecce ta6 e f aE,: �C
33. CLAiMS: if any claim, demand, suit, or other action is asserfed agafnst the Contractor which arises
under or concerns the Contract, or which could have a maferial adverse affect an the Contractor's abiliiy
to perform thereunder, the Contractor shall give written notice thereof to the City within ten (1a) cafendar
days ai�er receipt of notice by the Contractor, Such notice to the City shall state the dete of notiflcatio� oP
any such claim, demand, suit, or other action; the names and addresses of the ciaimant(s); the basis
thareof; 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 nenton City Attorney. Personal
dellvery to the City Attorney shall be to City Hall, 215 East McKinney Street, Dentan, Texas 76201.
34. NOTICES: Unless otherwise specified, ail notices, requesis, or other communications required or
approprlata to be given under the Coniract shall be in wrlting and shail be desmed delivered three (3}
busfness days after postmar�ced if sent by U.S. Postaf Seroice C��tifi�d or Rsgistered Mail, Return
Rec.eipi Requested. Noiices delivered by other means shall be deemed delivered upon receipt by the
addressee. Routine communicatians may be made by first class mail, telefaX, or ather commerciafly
accepted means. Notices to the Contrector sha[! be sent to the address specified in fhe Contractors
Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be
addressed to the Ciry at 901 B Texas Stree#, Denton, Texas 762Q9 and marked fo the attention of the
Purchasing Manager. �
35. RIGHTS TO BID, pRQPOSAL AND C�NTRAC7UAL MA7ERIAL: Ali materiai submitted by the
Cantractor to ihe City shall becoma properly of the City upon receipt. Any portions of such rrtaterial
claimsd by the Cantractnr to be proprietary must be clearly marked as such. Determination of the public
natu�e of the rr�aterial is subject to the Texas Public information Act, Chapter 552, and Texas Govemment
Code.
36, NO WARI4ANTY BY CITY AGAINST INFRINGEM�NTS: The Cohtractor represents and warrants to
the City that: (i) the Confractor shali provide the City good gnd indefeasible tiiis to the deliverables and (lij
the deliverables supplted by the Contractor in accordance with the specifications In the Contract will not
infringe, direckly or contributorily, any pateni, trademark, copyright, trade secret, or any other intellectua!
property right of any kind of any thi�d party; that no claims have been made by any person or entity wlth
respect to the ownershlp ar operation of the deliverables and the Contractar daes not Ecnaw of any vaUd
basis for any such claims. 7he Contractor shall, at its sole expensa, defend, indemnify, and hold the City
harmless from and against alE iiability, damages, and costs (including couri costs and reasonab�a fees af
attorneys and other prafessionals) arising out of or resulting fram: (i) any ciaim that the City's exercise
anywhere in the worid of the �ights associated wlth the Ci#y's' ownershi�, and ff applicable, license rights,
end it5 use of the deliverables infringes the inteltectual property rlghts of any third party; ar (li) the
��.�-�,�
Contracfo�'s breach of any of Contracto�s re�resentat3ons or warranfies stated in th(s Contract. In the
event of any such claim, the City shatl have the right to monitar such olaim nr at its option engage its own
separate counsel to aCt as co-counsel on fhe Gity's behalf. Furiher, Contractor agrees that the City's
specificakions regarding the deliverables shall in no way dfminish Contrackor's warranties or obligatlons
under this paragraph and the City makes no warranty that tne productlon, development, or delivery of
such dellverables will not impact such warranties of Contractor.
37. CONFlDENTIALiTY: In order to provide the deliverables to the City, Contractor may require aocess to
certain af the City's and/o� its licensors' confldentfai information (including inventlons, empioyee
information, trade secrets, confidential know-how, canfldentfal business [nformation, and other informatian
which the City or its licensfl�s consider confidential) (colleciively, "Confldentfa[ Information"). Cnntractor
acknowJedges and agrees tnat the Conildential Infarmatlon is the valuable property of the City and/or its
licensors and any unauthorized use, disclasure, disseminafion, or other release of the Con�dentlai
informatEon wlll substantiai{y Injure fhe Gity andlor its Ilaensors, The Contractor (inciudfng its employees,
suBcontractors, agents, or representatives) agreea ti�at it wil{ maintain the Confldential Information in strict
confide�ce and shali nat disclose, dissemfnate, copy, divulge, recreate, or otherwise use the Confidential
Informafion without the priar written consent of the City or in a manner not expressly permitted under ttt�s
Agreement, unless the Confldentiai Information is required to be disafosed by law or an arder of any court
or oth�r gavernmental authority with proper jurisdiction, provided the Cvntractar prompffy notifies the City
before disclosing such infarmation so as to permit the City reasanabfe time to seek an approprlate
protective order. The Confractor agrees to use protective measures no less stringent than tt�e Contractor
uses wlthin its own bus9ness to protect its own most valuable information, which protective measures shall
under all circumstances be at least reasortable measures to ensure the continued confidentiality of the
Canfldsntial l nfarmatlon,
38. OWNERSHIP AND IJSE �F DELIVERABLES: The C(ty shaU own ail rights, titles, and interests
thraughau# the world in and to fhe deliverables.
A. Patents. As to any patentable subject matter contained in ihe deliverables, #he Coniractor agrees to
disclose suoh patentable subject matter fa the City. Further, if req�ested by the City, the Contraotor
agrees to assign and,lf necessary, cause each of Its emplay�es to assign the entire right, titie, and
interest to specific inveniions under suoh patentable subject matter to the City and to execute,
ac4cnowledge, and deliver and, if neccssary, cause each of iks emp�oyees to execute, acknowledge, end
deliver an asslgnment of letters patent, in a form to he reasonably approved by the City, ta the City upon
request by the City.
B. Copyrights. As ta any deliverables cantaining copyrlghtable subject matter, the Contraotor agrees that
upon their creation, such deliverables shall be consldered as work made-for-hire by the Contraotor far the
City and the City shali own all capyrights in and to such deliverabfes, provfded however, that nothing in
th[s Paragraph 38 shall negate the Cify's sole or jaint ownership of any such deliverables arising by �tr�.ie
of the City's sale or Jaint authorship of such deliverables. Should by operation of law, such deliverables
not be cansidered works made-fnr-hire, the Contractor hereby ass9gns to the City {and agrees to cause
each of its empfoyees provtding services to the City hereunder to execute, acknowlsdge, and deiiver an
assignmenf to tt�e City of� all woridwide right, title, and interesk in and to such deliverables. With respecE
to sueh work made-for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each
of its emplayess providing seroices to the Cify hereunder to sxecute, acknowledge, and deliver a wark-
made-far-hire agreement, in a form to be reasonably approved by the City, to the City upon defivery of
suoh deliverablss to the City or at such other fime as the Clty may request.
C. Additfanal Assignments. The Contractor further agrees to, and if appllcabie, cause each of its
emptoyees to, exeaute, acknowledye, and deliver afl applications, specifications, oaths, assignments, and
all other instruments whlch the Clty might reasonably deem necessary in order to apply for and obtain
cnpyright protection, mask work registrafion, trademark regisiration andlor protection, lefters patent, or
any simllar rEghts in any and all countries and in order to ass3gn and convay to the City, its succ�ssors,
assigns and naminees, the sole and axclusive right, title, and inferest in and to the deliverables. The
Canfractor's obllgations to execute, acknowledge, and deliver (or cause to be executed, acknowledged,
and delivered) instruments or papers such as those described in thls Paragraph 38 a., b., and c. shall
confinue after the termihation of this Cantract with respect tQ such deliverables. In the evant tne Ci1y
should not seek to obtain copyrfght protection, mask wortc registtation or paient protection for any of ti�e
`�01•�-' ��
deliverables, buf shouid desire to keep the samg secret, the Contractor agrees to treat the sams as
Canfrdential Informatlon under fhe terms of Paragraph 37 above.
39. PUBLlCA710N3: Ali publfshed material and written reports submifted under fha ContracE must be
or(ginally developed matarEai unless oiherwise specifically provided in the Contract. When material not
originally develaped is included in a report in any form, the source shall be Jderttified.
40. ADVERTESING: The Cflntractar shall noi advertise or publish, without the City's prior consent, the fact
that the City has entered into the Contract, except tn the exfent required by law.
41. NO CONiIN(3ENF FE�5: 7he Coniractvr wartants that no person or selling agency has been
empfoyed or retained to solici# or secure the Contract upon any agreement or understanding for
commisston, percentage, brokerage, ar contingent fee, excepting bona fide employees of bona fide
es#abiished commercial or selling agencies maintained by the Contractor for the purpose of securing
business. For �reach or vfolakion of this warranty, the City shail have the right, in addlfion to any other
�emedy available, to cancel the Contract wiihout liability and to deduct from any amounts owed to the
Cantracfor, or othe�wise recover, the full amount of such commission, percentage, brokerage ar
cantingent fee.
42, GRATUITI�S: 7he City may, by written notice to the Contractor, cancel the Contract wfthout iEability if
it is determined by ihe City that gratuities uvere offered or given by the Contractor or any agent or
representative of the Contractor fo any offlcet or employee of the City of Denton with a view toward
securing ihe Contract ar securing favorable treatment with respect to the awarding or amending or the
making of any determin2tfons with respeat to the performing of sach cantract.-In the event the Contract is
canceled by #he Cily putsuant to thls provlsion, the Cify ahall be entitled, in addition to any other rights
and remedies, to recnvsr or w(thhald the amvunt of the cost incurred by fhe Contractor in p�oviding such
grat�iiies.
43. PROHIBITIQN AGAINST PERSONAL INTEREST !N GQN7RACTS: No officer, em�loyee,
independent consultant, or elecied official of the City who is involved in the de�elopment, evaluation, or
decfsfon-making process of the pertarmance of any soticitatfon shail have a financiai interest, direot or
indirect, in ths Gontract rasu[ting from tftat solicitation. Any willful violation of lhis section shali constitute
impropriety In office, and any oFficer or employee guilty thereof shall be subject to disc(plirtary aG#ian up to
and Inaluding dlsmissal. Any violatlon of #his provision, with the knowledge, expressed or impiied, of the
Contractor shall rend�r the Contr&ct vaidabte by the City. The Gontr�cfor shali compiete and subm[t the
Ctty's Conflict of Interest Quesfionrtaire {Attachment B).
4d. INDEP�NpENT CONTRAGTOR: The ContraaE shali not be construed as creating an
employer/employee relationship, a partnership, ar a joint venture, The Con�aCtor's services shali be
thflse of an independant cvniraatar.l'he Conirackar agrees and understands that the Contract does not
grant any rights or prtvileges establfshed for empfoyees of the City of Denton, Texas for the purposes of
income iax, wfthhotding, social security taxes, vaca4ion or sick leave bena�its, warke�'s compensation, or any
other Ciry empfoyee benafit. 'ihe City shall not h�va supervision and control of the Contractor or any
empioyee of tha Gontractor, and it is expressiy understood that Contractor shall pertorm the services
hereunder according to t�e attached specificet(ons et the general direction of the City Manager af the C1ty of
Dentan, Texas, or his designee under this agreement.
45. ASSIGNMENT�DELEGATfON; 7he Contract shall be binding upon and ensure to the beneflt nf the
Cify and the Contractar and their respecfive successors and assigns, provided however, that no rlght or
interesE ln fhe Contract shaA be assigned and no obligation shall be deiegated by #he Contractor withaut
the prior written consent of the City. Any attempted assignment or delegation by the Cantractor shall be
void unless made in conformity with this paragraph. The Contract is not intended to cnnfer rights or
benefits on any person, frrm or enfity not a pa�ty herato, it being the in#entfon of the parties that there are
no third party beneficiaries to the Contract,
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46. WA}VER: No claim or rigEtt arising out of a breach of fhe Contract can be discharged in whote or in
part by a walver or renunciation of the claim or rlght unless the waiver or renunciaEion is supported by
consideration and is in writing signed by the aggrieved �arly. No waiver by either the Contractor or the
City of any one or more evenis of defauit by fhe other party shall operate asf or be constnaed to be, a
permanent waiver of any rig�ts or obligatinns under the Contract, or an express or implied aaeeptance of
any other existing or future default or defaults, whether of a slmilar or different character,
�47. MODIFICATIOIVS; 'Fhe Cont�act can be modified ar amended only by a writing signed by both parties,
�!o pre-printe8 or similar terms pn any ths Gonfcactar invoice, order or other document shall nave any
force or effect to change th� ierms, covenants, and conditions of tha Cantract.
48. INTERPRETATIQN; The Contract is intended by the paRfes as a final, complete and exolusive
statement of the terms of their agreement. No course of prior dealing between the parties ar course of
performance or usage of the trade shall be r�levant to supplement or explain any term used in the
Cantract. Although the Contract may have been substantiaEly drafted by one party, it is the intent of the
parties that all pravisions be construed In a manner to be fair to both pariies, reading no provisions more
strictly against ane parfy or the other. Whenever a term defined by the Uniform Commerctal Code, as
enaated by the State of Texas, is used in the Contract, the UCC deflnition sha11 control, uniess otherwlse
de�ined in fhe Contract.
49. DISPUTE RESOLUTION:
A.1f a dispute arises out of or relates io the Cant�act, ar the b�eac� thereoF, fhe parties agree to negotiate
prior to prosecuting a suit for damages. However, ihis section does not prohihit the filing of a lawsuit to toil
the runnfng oi a statute of limltations or to seeEc inJunctive reilef. �fther parfy may make a written req�est
tor a meEting beiween representatives of each party wtthin fourteen {1�4) calendar days after recefpi of the
request or such later perled as agreed by the parties. Each party shalf include, at a minimum, one (1}
senior level individuaf with decision-matting authoriry regarding the dispute. The purpase of this and any
subsequent meeting is to attemgt fn good faith ta negotfate a resnlution of ti�e d[spute. if, wlthin thirty (30)
calendar days after such meeti�g, the parties have not succeeded in negotiating a resolution of the
dispute, they will procesd directly to medi�tion as described below. Negotiation may be waived by a
written agreement signed by both parties, in which event the parties may praceed diracily to mediation as
described below.
�. If the efforts to resolve the dispute ihrough negotiatEon fail, or the parties waive the negot+ation
process, the parties may select, wiihin thirty (30) calendar days, a mediator trafned fn mediatton skills to
assist wiih resolution of the dispute. Shoutd they choose this option; the City and the Cantractor agree to
act in good faith in the selectlon of the mediator and to give considaraEion to qualified lndividuals
nominated to act as mediator. 3Vofhing in the Contract prevents the parties from relying on the skills of a
person who is trainad fn fhe subJeot maiter of the dispute or a contract interpretafion expert. If the p�rties
faii #o agree an a mediat4r within thirly (30) calendar days of initiatian of the mediation prc>cess, the
medlator shall be selected hy the benton County Alternative Dispute Resolu#ion Program (aCAP). The
parties agree to participate in msdiation in good faith for up fo fhirty (30) calendar days from the dake of
the fi�st mediation session. 7he City and the Contraatorwill share the rnediatar's fees equally and the
parties will bear their own costs af participation such as fees for any consultants or attarneys they tnay
utilize fo represent #hem or otherwise assist them in the medlation.
S0. JURISD[CTI�H AND VENUE: The Contract is made undar and shall be governed by the laws of the
State of 7exas, including, when applicable, the Uniform Commercial Code as adopted In Texas, V.T.C.A.,
Bus. & Comm. Code, Chapier 1, exoluding any rule or principle that would refer to and apply the
substantive Eaw of anather sfate or jurtsdictlon. AI! issues arising from this Contracf shal! be resolved in
the cou�fs of �enton Caunty, 7exas and the parties agree to submit to the exclusive personaf jurisdict[on
of such courts. The faregoing, however, shall not be construed or inferp�eted to limit or resiric# the right ar
abil[ty af the Clfy to seelc and secure InJunctive relief from any competent authortty as contem�lated
herein.
51. lNVALIDITY: The invalidity, illegatity, vr unenforceability of any pravision of the Contrac# shall in no
way affect the validity nr enforceabitity of any other porfion or provision of the Contract, Any void provision
� Q� , �''a.,, ��
shall be d�emed severed from fhe Contract and the balanoe of the Cont�act shall be construed and
enforced as if the Cantract did not contain the parEicular portion or provision held to be void. The parties
further agree to reform the Confract to replace any stricken provision with a valid provisian that comes as
clase as possible to the intent of ihe stricken provision.1"ha pro�lsions of this section sh�ll nai prevent
this entire Confract from being void should a provision whlch ts the essence of the Confract be
determined to be void.
52. HOLIDAYS: The following holidays are observed by the City
New Year's 17ay (observed
MLK bay
Memorial Day
4th of July
Labor bay
Thanksgivtng Day
�ay After Thanksgiving
Christmas Eve (observed)
Christmas Day (ohserved)
if � Legal Holiday falls on Saturday, it will be observed on the preceding Friday. lf a Legal htoliday falls on
Sunday, it will be observed on the following Monday. lVormal hours of operation shall be between 8:Od am
and 4:40 pm, Monday thraugh �rlday, excEuding Cfty of Qenkon Holidays. Any scheduled deliveries ar
work perEormance not within the normal hours of operation must be approved by the City Manager af
Denton, Texas ar his authorized designee.
53. SURVIVABILITY OF OBLIGA'TIONS: All provisions of the Contract that impose cantinuing
oblfgations on the parties, including but not limited to the warranty, indemnity, and contldentiality
obligations af ti�e parfies, shall survive the expiration ar terminaiion of the Gontract.
54. NON-3U3PEN310(V OR p�BARM�NT CERTIFICATION:
The City of Denton is prohibited fram cantractin� with ar making prime or sub-awards to partles tt�at are
suspended or debarred or whose principals are suspe[�ded or debarred from Federal, State, or City of
Dentan Confracts. By accepting a Contract with the Clty, the Vendor certifies that ifs firm and its principals
are not currently suspended or debarred from doing business wikh the Federal Government, as indfcated
by the General Servfces Administration Llst of Parties Excluded from Federaf Pracursment and Non-
Proaurement Nrograms, the State of Texas, or the City of Denton.
65. EqUAL (}PPt�R7U1VITY
A, Equal Emptoyment 4pportunity: No �fferor, or Offeror's agent, shall engage in any disCrlmi�atary
employment practice. No persan shall, on the grounds of race, sex, age, dlsability, cteed, color, genetic
testing, or national orlgln, be refused t�e benefits of, or be otherwise subjected to disc�irninatian under any
activl#les resulting from tt�Is RFQ.
B. Americans with Disabilities Act (AnA) Compllance: No Offeror, or Offeror's agent, shail
engaga in any disariminatary employment practice against individuals with disabilities as deilned
in the ADA.
66. BUY AMERICAN ACT�iJPPl,I�S (Appl)cable to certain federally funrled requlrements)
The foilowing federally funded requlrements are applicable, in addition to the speciftc federaHy funded
requirements detaiJed in Attachment C.
A. DeflniNons, As used fn this paragraph --
i. "Component" means an ariicle, material, ar supply incorporated directly into an end product,
ii. "Cost of compnnents" means -
S�q`a.�.��
(9) For componenfs purchased by the Contractor, ihe ac.�uisition cost, including tranSportatton costs ta
the place of incarporation into the end product (whe�her or not such costs are paid to a domestic firm),
and any applicable duty (whether ar not a dufy-free entry certificate is issued}; or
(2) For components manufactured by the Coniractor, ail costs assaclated wit� the manufaoture of the
component, including transpartation aasts as described in paragraph (1) of thEs definifion, plus allocable
overhead costs, but exciud�ng profit. Cost of camponents does not include any costs assoc#ated with fhe
manufacture of the end product.
iii. "Damesfic end product" means-
(�) An unmanafacfured end product mined or produced ln the United States; or
(2) An end praduc# manufactured in the United States, if the cast of its components mined, produced, or
manufaciured in the United States exceeds 50 percent of the cast of all its components. Components of
foraign origin of the same class ar kind as thos� that ihe agency determines are not mirzed, produced, ar
manufactu�ed in sufficient and reasonably available commercial quantities of a safisfactary quality are
treated as domestic. Scrap generated, coliected, and prepared for praaessing Pn the Unite� States is
consldered damest(c,
iv. "End product" meana fhose articles, materials, artd supplfes to be acquired under the contract for
public use.
v. "Foreign end produa�' means an end producf other fhan a domestic end product.
vL "United Staies" means ihe 50 States, the District of Columbfa, and autlying areas.
s. The 6uy Amgrican Act {49 U.S,C. 1 Da -10d) provides a preference for domestic end products for
supplles aayuired for use in the Uniied States.
C. The Clty does not maintain a flst of foreign articles that will be treated as domestic for this Coniract;
but will consider for approvai foreign articles as domestic fo� this product if the articles are on a list
appraved by anather Governmental Agency. The Offeror shall submit documentation with thefr Offer
demanstraf(ng that the erticle is an an approved GovernmenEal iis#.
D. The Contractor s�ail deliver only domestic end products except to the extent that It specif+ed defivery of
forelgn end products in the provisi�n oF the Solicifation entitlad "8uy American Act Certiflcate".
67. RIGHT TO INFORMATION; The City of penton reserves the right to use any and all infarm�fion
presented in any response to this solicitatiqn, wheiher amended ar not, exce�t as prohlbited by law.
Selection af rejectian af the submittal does not affect this righ#.
58. l.ICENSE FEES OR TAX�S: Provided the soiicitaUon requires an awarded contractor or supplier to be
licenssd by the Sfate of Taxas, any and all fees and taxes are the responslbitify of the respandent,
59. PRENAILING WAG� RATES: Ali respondents will be requtred to camply with Provision 5159a of
"Vernon's Annofafed Civil Statutes° of the State of Texas with respect to fhe payment nf prevailing wage
rates and prohibiting discriminaiion in the employment practices.
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BQ. COMPLIANCE WI7H ALL STA7E, FEDERAL, AND L�CAL LAWS: The contracfor�or supAlier shaii
comply with all State, Federaf, and l.ocaf I�ws and requfrements. The Respandent must comply with afl
applicable laws at all tirnes, inctuding, without (imftation, ihe fallowing: (i) §36A2 of the Texas Penal Code,
which prohibEts bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the affering or conferrang of
beneflts to public servants. The Respandent shail g3ve afl notir,�s and comply with all laws and
regulatfons applicable to furnishing �nd performance of the Contract.
61. F�bERAL� STA7E, ANp l.00AL REQUIR�MENTS; Respondent shail demonstrate on-site
compliance wtth the Federal Tax Reform Acf of 1986, Section 1706, amending Section 53U of the
Revenue Ack of of 9978, deaNng with lssuance of Form W 2's ta common law employees. Respondent is
responsible for both federal and State unemplayment insurance coverage and standard Woricers
Cnmpensation insurance coverage. Respondent shail ensure compliance with ail federal and State iax
Eaws and wikhho[ding requirements. The City of Denton shall not be liable to Ftespondent or 1ts employees
for any Unemployment or Workers' Compensation caverage, or federal or State withhoiding requirements.
Contractor shafi indemnify the Giiy of Denton and shafi pay all eas#s, penalt+es, or tosses resulting from
Respondent's omission or breach of this Section.
� ��1`
62. DRUG �REE WORKPLACE; The contractor shall comply wlth the appllcable provisions oi the Drug-
Free Work Place Act of 1988 (Pubiic Law 900-690, Title V, Subtifle D; 49 U.S.C. 701 ET SEQ.) and
maintal� a drug-free woric enviranment; and the flnal role, government-wide requirements for drug-free
work place (grants), issued by the Office of Martagement and Budge# and the Uepartment of Defense (32
CFR Part 280, Subpart Fj ta implement ihe pravisions of the Drug-Free Work P)ace Ac# of 9988 is
incorparaied by reference and the contractor shall comply with the relevant provisions thereof, inclucfing
any amendments to fhs fina! ruie that may hereafter be Pssued.
63. RESpONDENT LlABILITY FOR (3AMAGE 7p GOV�RNMENT PROPERTY: The Respondent shall
be Uable for a11 damages ta government-owned, le�sed, or occupied property and equipment caused by '
the Respondent and ifs emplayees, agents, subcontraokors, and su�pliers, including any delivery or I
cartage company, in connectlon wlth any pertormanee purauant to the Contract. The Respondent shall �
notify the Clty af Denton Procurement Manager in writing of any such damage within one {1) cafendar ''
day, ;
64. FORCE MAJEUF2�: The City of Dentan, any Customer, and tt�e Respandent shall not be respons3ble
%r perfarmance under the Contract should it be prevented from pertormance by an act of war, order of
legal author+ty, act of God, or other unavoidable cause not atfributable to the Faulf or negligence a€ the
C(ty of Denton. In the event of an flccurrence under this Section, the Respondent wlll be excused from
any further pertormance or observance of the requirements so affected for as fong as such circumstances
prevai! and the Respondenf caniinues tn use commercially reasonable efforts to racommence '
performence or observance whenever and to whatever extent possible wititout delay. The Respondent
shali lmmediate(y notify the City of penton Procurement Manager by teiephone (ta be confrrmed (n writing
wi#hin five (5) cafendar days af #he inception of such occurrence) and describe at a r�asonable levei of
detail the circumstances causing t�e non-performance or delay in performance.
66. NpN-WAIVER OF RIGHTS: Failure of a Parly to require performance by another Party under the
CQntract wlil not affect the right of such Party io require perFormance in the future. No delay, failure, or
waiver nf either Party's exercise or partial exercise of any right or remedy under the Contract shall
aperate to limif, impair, preclude, cancel, waiv� or otherw�se affect such right or remsdy. A waiver by a
Party of any breach of any term of the Contract will not be const�ued as a waiver of any continuing ar
succeed(ng breach.
6S. NO WAIVER OF SOV�REiGN 1MMUNITY T�he i'arties express(y agree that no provision of the
ContracE ts in any way intended to eonstitute a walver by tqe�it�ef�eate�aither of any immunities
fram suit or from Ilabllity that � it er a may have by operatian nf law. �
6T. RECORDS RETEN7'10[�: The Respondent shall retain ail financial recards, supporting documents,
statisilcal records, and any ather reaords ar beoks relating to thB perFormances called for in the Cantract.
The Respondent shaU retain atl such records for a period af faur (4j yea�s efter the expiration of the
Contract, or until the City �r State Audito�s Office is satisfled that atl audit and iftigation matters are
resolved, whichever period is longer. The Respondent shall grant access to all books, records and
documents �artinent to the Contract to the City, the State Auditor of Texas, and any federal govemmental
entlty that has au#harity to revlew reco�ds due to federal funds be�ng spent under the Contract.
� "1'v�.�.� `1
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�ontxact # 4729
Avvarded Con�ractor
Docur.n.entation
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Dart� �qtii��ment Company, T�p ,.. A llttle �rboact orct� �X�'sfoiy�
Darr Eqllipment Company has been a�� equipmettt sex�vices prov[de� ita Nox'tl� Texas since
I954. Darr is a f�inity vwtied co�npany with solid business princip�Is fitat w�re
established by otir founciers and a��e maintained today. Every Darr eniplayes is expacted
to conduct the�j�selves u� a respo��sible aad etlucat ma�u�er ,,,�Iways, Dra' gO/LI �S' tU
�t�o��rle qtrnitty errstamer� ser�vice rrf rr ftcit� pr�ee,
:�1.t Darr Ec�uipment, we call ourselves tlie "service peopie" for a reason, Dar� Eqttipn�ent
tio��v emplo��s neacly 200 people in tlie states of Texas and Oklahama, Service is the
m�jor conipox�ent af our commitment to tot�l pioduct support, It's a comulitme�lf tl��t
nxeai�s we stanct 6ehind nu�• px�odixcts and services w1Y1� pro�essiona�ism �n:d i��tegrity,
ensttring c�2stomee satisfaction,
1, IY��N�N�[U1V� SU�11��SS�ON R�QUZR�M�NTS
Tlie following minimum zequicerr�ents niust be demonstrated in orcler for tl�e
si��mission to 6e cousiderecl respo�isive to the City of Dentnn. Any proposaE
ieceived, wh�ch is determined to �1of nzeet these xnandato�•y z•equirements sha11 be
immediately disqt�ali�"ied and xejected as zion-i�esponsive.
• Fi^ve {S) ycars experience pkavidi�ng heavy ciuty #�eet diagnostics rnaintenance
a�d re�airs in a fleei opex�atian.
• A dafiFted lavel of industry kt�owledge and unc�erstanding.
+ Tlie Propasing indi�vidual oz� business �aaust Ue ��e�istex•ed Uy tl�e State of Te�;as
oi• tl�e County of Dentoxa, to �x�oti�ide any services whiclt may be requiced and
the individual ar business n�ust hAVe alt lieensu�e �equlred by Ytxe Siate io
p�•ovide a��y serviees required,
Daxr Equi�ment Co. meets or exceeds all mininiutn x�et�ui��e�nex�ts �or RF�'4729.
1, Bi�siness Origination Date: Dat�r LY �eox�ganizsiion - p2,02,2�01, Dar�� Ec�uipment
Co, �s a business entiiy goes back to I954� We prot�ide state of the art diagnosis
and repair of cat�struction equipme�at aad li�t trucks.
2, Cu��reni Cateipillar Iiic, Fork Lift Dealer
Cu��reri� JCB Constr��ctio�� Equiprnent Dealer
E� Cate�piila�� Inc. Consht�ction Equipinent Dealer
3. Licensed to c�o biesiness in tlie Stata of Texas,
DARIt Equipment Ca. 823I rolut Carpenter� Frwy Dallas, Texas 75��7
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MtnT EXCavetors Rougfi 7vrraltt Farfc�iits
360 Bank St. 0 3outt�la�Ca, TX • 76092 o g�7,4�p.48OD a 500.864.5436 e�'ax 8�7.4�0.48�8
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Prajeof Orgaalizafxo�t Ch�rt:
0�.2o.2oli
The Czty of Denton will schedule and direct the activities of tlie on�sit� teciuiician. He
witl Ua available fo�� work 7,00 a.m, to 4:00 p.m., l hou�� lunch S days 140 hours pe�
week. T�xe City of D�ntori may rec�iiire that t}te feohnic�ati woz� ovex�tulle and or on
weekends or holidays, these �dditio�ial liours will be ch�rged at th� rate schedule
a#tached, Tn�uoicing queskions should �e directec! to Jeffe�y Goff, ar Tim Zin�mer�nan,
CITY (�F DENTOI�
FLEETSERVICES
�.sRANCH
RESID, TECH
J, GO�� T. ZiMM�Ri1lIAN �,pOREL M. ANpR�WS
SERVIC� MANAG�R SALES, R�NTAL pqRTS MC�R, R�GION MANAGER
ARqDUCT Sl3PPORT
Dari's nian�genlent te�m wii� be available attd vvauld encotuage a rnonthly z�iee#Ing to
discuss ar�y pz'oblems, capaclty or other issues that arise. Througl� tlais paz�tnersl�i� we feel
we can lower the Ciiies m�ititenance and repair cost.
Projeef Plan: D�re wi11 pa�ovide a xesident �ietd technician fo tlze City of D�nton for t}ie
co�traeE term, This tec4mician will be d�cected by �leet set�vzces, the scn�e of tivork
pe��az�tied wi�l be as follo�uvs:
l. Diagnasis of equipment proi�lems.
2, n.eoornmend�tion of iepair options
3. R&I oi majo�� 8c xni�ox compoi�eats
4, Maintena�ice & P,M, service as directed
S, General ��epait•s as di��ected by �leet SeA��ices
E. Brai�ch wi�� be �ssigned fuli tiiue and report to Fleet Set�ices daily at th:e C#y n£
Denton. Eric, is a l�igl�ly qualified service techniciau, ��ritl� 15 ye�rs of experience ii� the
repair of all types of ec�uipment, past �mployers, Holt of Texas & Hass Equipment,
c�.pability of repait�ing transtniss�o�ls, engii�es, hydrattlics afid electricai �re a fe��v of his
aceas of expertise,
Darr wi11 ���ovide E. Branch wit(z a 2, Stan fully ec�ui�ped field sei•vice tr��ck witf�, 600m
crane, welc�er, air and neeessary #ooiiug to suppoxt l�is needs. We aiiticipate p�rking tl�is
vel�icle on the Ciiy Denton's secured sii8 avarnight.
�/tJIDA���ivraa
06,20.2Q 1%
Technicians thae xnay ba x�eq�iired to replace E, Bt��xclx ditt�i�tg vacation or othei absences
will �aave the followu�g minimum quali�cations,
+ No less tl�an 5 years a�axpef�ience
• Proven c�pabiIity ta troubleshoo� probi�ms i�� diesel engines, #��ai�sntissio��s,
� electrical �nd hydraulio systems,
• T�ie skills necessary to parform scheduled naRiuten�tce aud xx�onifo�• ��esults
; •'I'k�e ability to complete ail required docuaaen#ation, t3mesIieets, checklists and
� repair order logs.
•�xceIIent ve��bal and writteii commi�nicat�oxt sI�iils
�. • A c4opei�ative ten�peramei�t a�xd �villingness to follava directions
• Quality work too�s fo pei�fo�m iec�uired tasks
• Ouc tecli wili Ue fan�iliar vt►itli proper npex�atit�g chat�acferistics of construction
;? equipinei�t, boont Iifts, Arlel platforms anci most com�non industrial equip�xenf,
• A sEeaciy wo��k histo��y witl� t>roven dependabiliiy
; � Wiil woxk sa�ely iii all envirotuitents
Dai�r's tecluticiau will be ca►�efulty revierved and ii�formed of ail expectations de�ned
.; under General Responsibili#ies ar�d Requirements of RFP #4729.
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1 AlI Da��� e��iptoyees ate subject fo randam d�•ug testing, with matxdatory tasting when any
; accident ocet�cs. Sliauld an aecidet�t oecux �iease report tlus to Mike Andrews.
�'rim�cy Contacrs:
Ser�lice M�nage�: Jeffery Crof£-- 817.939.811 G; 2a yea��s of set�v�ee �c�d technical
ex�erlence, Darr Ec�uipt��etit Co,, Hoss �quip�neiit,
Resident Technici�tta; �x��c B��a�icfi — 214,543,944G;15 yea�s o� se��vice e��exietace with
I-�olt Cat, Hoss �qui�ptnent and Darc�
Region Maj�ger; Mil�e And�e�vs -$17,229,1657; 3S yeaes Bxpex�ience in ix�anagen�ant o�
co��strnatioit equip�x�e.ni dealersliips, Darr �qziipz��eut Ca., Ri�gs Cair,
Territo�y Managez: '�im zitYUnermail— 817,734,�� 89, 20 Years expe��ience Aar�
Equipmeilt Ca,
1'arts �anagex�; Ja1�n Borel — 214,519,3991; 35 Years experience, v��ith Pettiboiie, ivloody
Day and Uarr Equipn�ent Co, ,
Gen.e��al Managei� Farts & SexviGe, David Cortinas — 214,202,5680
�V'ice �residet�t; Rabs�t EngstE•am— 214,819.3991
P�'e.s�dent; Steve B�ooks -- 8� 7,410,�t800 .
Q►�ality Assuraneec Durit�g t(�e #er�n o�tlais a�ceetnent, J, Gaff will monitor aiid discuss
w�th each assigned servlce teohnician, requi��ements fnt� iraining ai�c� ar toolxng #hat wou[d
be reqaireci nionthl�r. Cheelc ��eit wox�lc o��de� and service repoit far aceueacy and
complete��ess axid d€sauss �rithtlie City of D�i�tan�'s Fleet Manage��, #o vexify the quaiity
o�the services being per�o��nzed,
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CO1�TXtACTQR STANDARDS �T' 1'ERFORMANCE
0G,20,2fl � I
Monthly M�iutena�ice and Repair Time St�ndards - Coi�tractol� sl�atl fl�lly
undet�s#and t]aat tUe City z�elies on i�ea�y dr�ty equipmelit fo px�ovide vital
izumicipal s�rvicas, ftr►d the a��ailability and reliability of ihe equiptt�ent is of
the essetice. Witlx tlais u� niitxd, the Co��tcactor sha11 meet fhe following
perfnrmance stanc�ards at alt times. La6or disputes, st►ikes, and otliei• events,
axcept those beyond tlie Co�xt�actar's confrol such as acts of C�od, sliall not
TEIfEVE fllE COI1ff�Cf01� fi�om n3eating these standards. For service eategosy, the
Cont�actoz xn.ust ensu�e tf�e gi�ven lev�l of seivice is aclueved, «rltlun the
desig�iated nti�mbe�� ofr ��uo��king l�ours,
SOtViCC P10VIC�CC�
Mai�i�enance
T�igixt Repai��s
Haavy Repairs
On Demand 4 i�rs 2 Hxs
��.:: 90%�..���.�:�::�•;�..:'r:.,� 95°fo;:==:.-:��>,�1.�Q0%:;'-
. �. : 90°fo: �. • . . �.:.-�9S% :. . .. � � � 100% ��� .
:� 90%:'�.;:�:;:���.::�.�:.95%;�.�::�'.:...:,: .t00°lo:;.�
s
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' Response Ti�ne: E. Branah Fvill be available 1Q0% of the time �nd �t tlze CiLy oF.
Denton's dispos�l, Shauld the City rec�uire addttion suppQZ�t we wil� o�fiFex� tl�e fallpi�ving:
Service Provided O�a bemand ��oi��s ^ 2q Hot�cs
Standt�•d Ivlt�ntenance E B��ancli l0U% DaFx S��op Tech-95% 2° ,�ield'i'ech-10b%
L��l�� Repairs �. Brancl�-100% barr Shop Tech-9S% Darr Sl�op Teclt-100%
Heavy Repaiz�s E. Branci�-100% Darr Field Tech-95% Darr Field Tecl�-100%
! 'UVe 1�ave additianal qualified pal'soiuiel availabl8 toc�ay, but as we detetmine the �xeed foz�
�• ac�ditional �ersonnel to satisfy yau� requix�sznenfs a�ad wox�C �oad we are willing ancf
capable of acquiring additioi�al,�ersoz��tel and se�•�ice vehicles. This wiil need to' be
F deteemined in conjunctioti wiih the City of Danton's Pleet Services Manageinetxfi.
WarrRnty: Darr Equipmant Co. �s��ill pro�vide a 90 day warra��ty on aa�y service labo�•
}�erformed by our perso�n�el. Dt�e to tf�e ttah���e o� tltiis cdntract with t(le Ci�y of Denton ,
we cannot warianty any pa�ts installed hy our teclu�ician, Tfa ��uat�lan#y failure is
dete�mined to be dtie to a�arts faihue no t�varranty Iabox• ���111 appty. If our se�viee
ieaimiei�n imprQperly instRlis a part {uid the coinpoiient fails we wi11 provide ihe labor
oiily at o�u e�pens� fox� ��eplacettient of the pari duri�i� t1�e 90 day warx�anty period.
���° c���t�NCa�rE oF �iAS��r�r ��su�r�c� ( �'�/1�,° ;�
Tf113 CE�TE i� iS3U�� AS A i41AT'CE#i UF tNFORidJ►T10N qt�lLYAND CpHF�RS NO R[C�Fit`S U(�TH� C�R7l�f CA7� HOLn�R.7HIS
RTIFtCA1Ts CiOF_S NO'f AFFIRNtAiIYELY QR H�OATiYELY A�RENp, �KT�Mp QR AI.TEa't7ii� CbVEFtACr� APFORD�!? �Y 7lt� 1'OLIC3ES
aOYY. THIS C�RfiE�iCAi� 4F 1N9UltANG� DOES NQT C�Ft9YITUT� A CONTRACT ��TWEEN TH� 193t31N0 IN3Uti�R{S}, Aii7HORi7�D
pR�a�NTATiVR AR PRCT)UC�R, AMt�7HLC�R'TiF�CA1E HOLDEEt.
IIIAP A T: C4rtHicab� hDltter !s an A UREp� th9 polioYlio�I must b� encteraed. S BR ATI WANFA� sut�aotto
ttw te�a eml uvndE@a►a o4 the palkY, certe�n pot�cks maY r�qu�re an ondarsemQn� a ata�smern on thts cert�flcate doee not conter �tahta ta ti�e
Mp C� c3��iFF S�IBELS u WILLI/U�IS Q�'rz'+�fAS.1NG.
Boeo sp&arum ar., sune 9ooE
adabon,Txr�t
IN9URED
aarr �q wpman� com ay� rna
689814ottl� CelYk91 �SStkeyi
Sutt8500
Da�as,TX 76208
232 2100
HP�i
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CERi1�ICAT� MAV B� ISSU�R QR MAYP�RTAIN.'�NE �N9URAHCE AFFORDED BY iH� POUCI�& Q�SCRIBED H�REIN (8 3i18JEC770 AtL 1NETER�13,
@XCI.USIONSAHp CONp1710N8 OF SUCH PqLIC1�3. LIAlIT3 SHOWFi MAY HAVE B�EN REfWC�p 9Y PAIp Cl.A1M6.
" m�aa �Nsuwwc� v uNa� uMtra
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BpDIIYINJURY(Peteaida4) i
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Upo�t awdrdi�g oontraM: Olty ot Denlat, N O�Idais, A�t1s, Empkye9s a nd voluMcere ero lqduded as AddiBonsf Ins�rred ssrequtred 6yr wrilten conUact as respeds lo
Oenora! Llablllty on e primdry aM nortcon�IbuWrg basis. VYaiNer of Subrogeti�On in iawrof City of i?@t160A, H OftiClelB� A$erlts, Lmptvfees end r�otunleero as requMed by
�
BNO�ll.f) AHY 0� TH� AgPY& t3E8GR1�? F'OI,IG�8 9E CAHCFL.LFA BEFORE
'Rf� �ifWftAT1QN TMTI�ifi�t�AN� NP'f1CR WAL BE I�LIVENED iN
A600RGV1flC�WlTH7H� P011CY PIiQY13lPNS.
}of donWR AutHOR¢EANEPRE8�J1rAYN�
kV,G6B Teucee &Greo!
IJenton, 7X 76209 �, ~ �.�
ATTACWM�NT A
xNSURANCE R�QU�R�M�NTS AND
WOR�K�It'S COMPENS�NTAT�QIV REQUIREMENTS
Responc�enf's atter�tior� Is dfrecfed to ihe lnsur�nce requiremenfs below, It is highly recommended that
respondenfs confer wlih iheir resp�cflve insurance carrlers or brokers to de�ermine in aclva►tce of
Proposal/Bid submisslon the avarlabilfiy of insurar�ce oertiflca�es and endorsemenis as prescrlbed anc�
providad here�n. If an apparent iow respondenf iails to comgly striofly wlfh the Insurance requrrements,
that respondent may. be ciisqualiflsd irom awarcf of the confr�ct. Upon contract award, aU insurance
requiremeitts shall become cantracfual ohlfgaftons, which the successfu! con#racfor shall have a dtriy fo
malnfaln fhroughout the course of thls confract.
S7ANDARD PROVISIONS,
Wlthout limiir'ng any af the ofher opligatians or liablli#ies of the Contracfvr, ihe Contr�cfar shalJ
provtde arrd ma�ntain antr! the contracfed work has heen completed and accepieaf by fhe City of
Dertfo►�, Owner, the minimum Pnsurance coverage as indfaated herelnaffer.
As so�n as practicable after nofificaftan of confracf award, Cantracfor shall file with the
Purchasing Department saflsfaetory certificates of lnsurance, containing fhe ca»fracf number
and tif►e of the proJecf. Con#ractor may, upon written request fo fhe Purchasing Deparfi»ertt, ask
fo1` clarificafion of any lnsurance requlremerrts at any time; however, Confraciars are sirangly
advised fa rriake such requests prior to proposa!/�bid opening, since fhe lnsurance requiremenfs
may not be modlfled or walved affer pr'oposal/kid opening unless a wrli%n exception has been
submltied wlfh the praposal/,bid, Confractor shall nof commence any work or deAver any
material unfll ne or she receives noirffcat�or? that fhe confracf has 6een accepfec�, approved, and
slgned by fhe �ify of Denton.
All lnsurance palicies prvposec� or a�italned in saflsfacfion of ihesa yequlrements shall comply
with the following genet'a! specificatfotls, arrd shai! be mafniained In campltance wlih these
general speaificafions fhroughouf the duration of the Coniraat, arlanger, If so noted:
+ Each poiicy shall be issued by a company authorized to do �usfness in the Sfate of Texas with
an A,M, �est Company rating af at least A.
� � Any daductibles or seif-insured retantions shalf be declare� in the propasal. If requestad by the
City, fhe insur�r shall reduca or e�iminate such deducfibles or self-insured ratentfons wifh
respect to the City, its offiolals, agents, em�foyees and volunteers; qr, the confractQr shali
} �rocure a bond guaranteeing payment of losses and relatad investigations, claim administrafion
—i and defense expensas.
' • Liability policies shall be endorsed �o provida fha following:
Nama as additionaf insured the City of Denton, its Ofiicials, Agenfs, Empfoyees and
volunEesrs.
� That suci� insurance is primary to any aiher insurance available to the additinnal tnsured
with respeck to claims covered under the policy and Ehat this . insurance applies
separately ta each Insured against whom clairn is made or suii is brought. The inalusion
of more than one insured shall not operate ta increase ihe insurer's limft of liabi(lfy.
• C�ncelfafior�: Cify requlres 30 day wriiien nofice should any of the poJlcies descr/bed o�
ihe cerfiflcafe be cancelled ormaferially changed f�efore fhe explraflon date
. Should any af tha requir�d insurance be provideti undar a clafms made form, Ca�tractor shall
maintain such coverage conflnuously thraughout the term of this oontract an�, wlthout lapse, for
a periad of fh�ee years beyond tha c�ntract explration, suc� thaf occurrences arising during the
confract ferm which give rfse to ctaFms made after expirafion of the contract shall �e covered.
PAG� 35 OF ItRP �729
• Should any of ihe required insuranee be pravided under a form ai caverage that inciudes a
general annual aggregate limit providing for claims lnvasfigation ar fegal �efense costs to be
include� in fhe genera! annual aggregate limit, the Contractor shall either double the occurrence
limifs or obtain Owners and Cantracfors Protect�ve Liab1(lty Insurance.
• Shou[d any raquired insurance la�se during fhe contract term, requests for paymants orlgfnating
�afker such lapse shall not ba processed untii the City receives satisfactary evidence of reinstated
; eaverage as re�uired by this confract, affeciive as of the lapse date. 1€ lnsurance is not
reinsfated, Ciiy rnay, at its sole opiian, ferminate #his agreemsnt effective on fhe dafe of fhe
�
{apse.
.►
` SPEC[FIC ADDITIONAL INSURANC� R�QUIR�M�NTS:
All irrsurance policies propose�f or obtatned In satisfactlon of this Confracf sha►1 addifior��Ify
comply wiih the following marked speciflcaf%ns, and shaU be maintained in compli�nce wffh
these ac�dltlona! spscifications fhroughout th� duraflon af the Cantracfr or longer, lf so naied:
[Xj A. . General Liabifity Insurance:
i General Liabilify insurance wit�t combined singie Eim{ts of r�ot less t�an �,000:400.40 s3�afl
� i be pravfded and maintained by the Contractor. "fhe policy shall be wriften on an
occurrence basis eit�er in a single polECy or in a combination of underlying and umbrelia or
� excess poficies.
!f fhe Commsroial General Liability form (lS0 Form CG 0001 current edition3 is used;
• Covera�e A shall include premises, operaiions, producfs, and compfete�
operations, independent contractors, confractuat Ilability cavering this aonfract an�
broad form property damage coverage,
• Cowerage � shall inc[ude personal injury,
• Coverage C, medical payments, is noi requirsd.
If the Comprehensive General l.iabilily form (ISO Form Gl. 0002 Current �dition
and IS� Form GL 0404) is used, ii shal{ include af leasf:
• Sodily injury and Property Damage �.fability for premfses, operations, products and
com�leted operations, independent contractors and prope�ty damage resu�iing from
explosion, cailapse or underground {KCU) exposures.
. Broad form cantractual IEability (preferabiy by endorsement) covering this cnniract,
porsonal injury Iia�Illty and broad forrn property damage liability.
[Xj Auiomobile Liahilify lnsuranCe:
Contractor shall provide Commercial Automoblle Liabil{fy insurance with Combined Single Limfts
(CSL} of nof less than 600 000 �ither in a sin�le pallcy or in a combination of basic and
umbrefla or excess policies, The policy wi[I Include bodi�y injury and properfy damaga liability
arfsing out of the aperatlan, mafnfenance an� use of all automobi[es and mobile equipment
used in conjunction wtth ihis contrac#.
PAG� 36 OI' RFP A729
Satisfaafion of the above requlrement shall be �n the faern of a poficy endorsement
for;
• any auto, or
• all owr�ed hired and non-owned autos.
(X) Wor[cers C4mpensation Insur�noe
Cantraeior shall purahase and matntain Wortter's Compensaiion Insurance whlah,
in addltion ta meeting fhe minimum statutary requiremen�s for issu�nc� of such
insurance, has �mployer's Liabifity (imits of at [east $�100,000 for each accident,
$700�U00 per each emplaye�� and �$500�000 policy 1[mif for occupational dfsease.
The Clty need not be named as an "Addltlonal Insured" but the insurer shall agree
tawaive all r�ghts of�subrogation against th� Cify, its officEals, agents, employees
and volunteers for any w4rk performed for the Cffy by ihe Named insured. Far
building or consfruction projec#s, the CantraaEor shalt comply with the provi�ions
of Attac��nent 1 En accordanc� wiEh §4U6A96 of the Texas Labor Code and rule
28TAC 1�f 0.170 af the Texas Worker's Compensat�on Commiss(on {rWCG}.
�X] Qwner•s and Contractar's Protecfiva I,iabiliEy Insurance
f The Contractor shali obtain, �ay for and mafntain at alE times during t�e prosecution of the work
f undar this confract, an Owner's and Cantr�efor's Protective L�ability insuranc$ poficy naming the
City as insured for proparty damage and bodily injury which may arise in the prnsecution af the
� work or Canfractor's operat(ons under this coniract. Coverage sh�fl be on an "occurrence"
�- basis and the palicy shall be issued by the same insurance company thai carries Ehe
� Car�tractor's liability insurance. I�olicy limiks wfli be at least 5Ua OQQ.OQ cambined bodity inJury
� and property damage per occurrencs wlth a$'I,000,000.00 aggregate.
'.!
[] F�rs Damage Legal l,iabllity Insurance
Coverage is required if �road iorm Ceneral l.iabilify is not providad or is unavallable to the
contractor ar if a cantractor leases or rents a pnrtion of a City building. l,imits of not less ihan _
, each occur�ence ara required.
[Xj professional L.iabi[fEy Insurance
� Professianal liabllity fnsurance wiEh limits nof (ess than $1,OQ0,�00.00 �er claim with respect fa
negligent acfs, errors or omfssions in connectlon with professional services is required under
; this Agreement, .
Buftcfers' Risk Insurance
Sutlders' R1sK Insurance, an an All-Risk form for 100°l0 of the cvmpleted value
shafl be provided. Such policy shall include as "Named lnsured" fhe G�fy of
penton and al! subcontractors as Ehair Inf�rests may ap�ear.
[ ] Commerc(al Crime
provides cflverage far the theft ar �lsappearance of oash ar checks, robbery inslda/outside the
premises, burgEary of the premises, and employee fi�elity. T�e employee fidelity porfion of this
caverage shouid be written on a"bSankeE" basis #o cover all employees, including new h[res.
This type insuranae should be required if the cantractor has access fo Cify funds, Llm�ts of not
fess than $ each aocurrence are raquired.
PAG�S 37 OF R�P 4729
Addiflonal Insurance
Other insurance may be raquired on an indlvidual basis far extra hazardous oontracis and
speciffc serviae agreements. If such additianal insuranca is requfred for a specific contract, that
requirement will be described in i�te "5pecific Conditions" of the confract specificailans.
[Xj Worker's Compensation Caverage for Bui�ding ar Cana#rucfion Projeats far
Governrimental Entiiies
A. Definiiions:
Cer�ificate of coverage ("certificate")-A evpy of a certificaie of insurance, � ceriificate of
aut�tority to seff-insure issued by tho cammission, or � coverage agreement (TWCC-81,
TWCC»82, TWCC-83, or TWCC-84), shawing s#atutory workers' compansat(on insurance
coverage for the person's or entify`s employees providing services on a project, for the
duration af the projecf, _
Duration of the projsct � lnaludes the time from ihe beginning of the work on the pro�ect un#fi
the contraotor's/persnn's work on tha project has been completed and accepte� by ihe
governmenfal ent�iy.
persons providing servfces on fhe project ("subcontractor" 1n §406.09B} - incfudes all
parsons or enfifies performing ail or part of the services the confractor has undertaken to
perform on the projecE, regardless of whether fhaf peYson contraated directly w(th ihe
con#ractor anc( regardless af whether that person has employaes. 7his ineludas, wifhout
limitation, independent contractors, subcontractors, Eeas€ng companfes, rnotor carriers,
owner�aperators, employees of any such eniliy, or employees of any entity wt�icY� furnishes
persons ta �rovide services on the project. "Services" lnalude, withoui IimitatEOnr providing,
haufing, or deliverin� equipment or materials, or praviding labor, transporfation, ar other
service related to a project. "Services" does nat inciude activities unraiaied to ihe projeot,
such as food/beveraga vendars, office supp�y deliveries, and delivery of poriable toifefs.
g. Tha contractor shall provide coveraga, basad on proper repor#ing of classification codes
i and payroll amaunts and fiEing nf any overage agreernents, which masts #he s#atufory
.�j requirements af Texas Labor Code, Secfion 40'(.0� 1(4�) for al] employees af tha
Contractor providing services on the project, for the duration oi the project.
�-� C, The Contractor rnust prav�de a ceriificate of coverage to the governmenfal enfify prior fo
� being awarded the coniract.
D. lf the coverage perind shown on the contractor's current cer�ificafe of coverage ends during
the dur�tion of the project, the contracfor must, �rior fo fhg end of the coverage period, fle
a�ew cerfifieate of covarage with the governmen#al enfity showing that cav�rage has been
extended.
�. The contractor shali obfain from each person prov[ding seruices an a pro�ect, and provide
to the governmental entity: �
1. a cert(ficate of coverage, prior ta that person beginning work on the project, sa the
governmental entity wili �ave on flle ceriific�tes of coverage showing covarage for a1i
persons providing serviaes on the projeci; and
2.no� later than seven days after receipt by the contractor, a new csrtificate of coverage
showing extension of caverage, If the coverage perrod shown on ft�e current
certificate of coverage snds during the duratfon of fne projeot.
PAGE 38 OF RFP 4729
�. �'he contraotdr shall retain afl required cer�ificates of cov�rage for fhe duration of the �roject
and for one year iherea�ter.
G. The contraetor shall notlfy the governmen#aI entity tn wrfting by certified mail or personal
deflvery, wiihin 10 days after the contractor knew or should have known, of an�+ change ihaf
rnaterlally affects the provision of Coverage of any person providing services on the project.
1�. The cantractor shall post on eac� proj�et siEe a notice, in the text, form and manner
pr�scribed by fhe Texas Waricers' Compensafion Commission, iniorming all persons
praviding services on ihe projeCt thaf they are required to be covered, and stafing how a
person may verify coverage �nd report lacic of coverage. •
I. The confractor shall contractual[y raquire each person with wham it con#racis to provida
services on a projsct, to:
1. provi�e coverage, based on proper reparting af classiffcation codes ai�d payrolf amoun#s
and filing of any coverage agreements, which �meets t�e sta�utory requirements of Texas
Labor Coda, Sactian 401.011(44) for all of its employeea providing serv[ces on 3he
project, fior fhe duration of ihe projeot;
2, prov(de to the contracfor, prior to fhat person beg(nning work on t�e project, a certificate
of coverage showing fhat coveraga is being provided for ail employees of fhe persar�
�roviding services an ihe project, for the duration of the project;
3. provide the con#ractor, prior to the end of the coverage per(od, a new cer�ific�te nf
coverage showing extension of cvverage, if the coveraga period shown on ihe current
oertifiaate of co�erage ends during the duration of the projecf;
4. obtain from each ofher �erson with wi�om it contracts, an� pravlde to the contracYor:
a. a certificate of coveraga, prior to the other person beginning work on the project; and
b, a�ew cariificate of coverage showing extension of coveraga, prior fo the end of the
caverage period, if the coverage period shawn on the currant cert{ficata af caveraga
ends during the duratian of the projeci;
5, retaln all required certificates af coverage on file for fhe duratlon of fhe �rojact and far
one year thereaftar;
6. notify #he governmental entlty in writir�g by cerfiEiect mail or personal delivery, w'tfhin �0
days after the person knew or should have known, af �ny change that materially aff�cts
the pravision af coverage of any person providing services on the project; and
7. Contt�actual[y require each person with whom ft aontracts, to per�orrn as required by
pa�agraphs (1) -(7), wlth the certiiiaates of coverage to be provided to #he person for
witom ihey are providing servicas. `
J. By s[gning this contraot or provi�(ng or causing to be provided a certificate vf eoverage, tha
contraator is representing fo #he governmental entity that a[( emplayees of the cantractor
who will provide services on the project wi[i be covored by workers' cnmpensation coverage
for the. duration of the projeof, ihat the Coverage will be based on propar reporting of
olassiflcation codes anci payroil amnunts, and ti�at all coverage agreements will �e fi[ed
with fhe appropriate insurance carrier or, in. the case of a self-insured, with the
cammission's Division of Self-lnsurance Regulation. Rravlding fa[se or misleadfng
fnformation may subject the contractor ta adminiskrative penalties, criminal penaliies, clvil
penafties, or other civfi actlons. ,
PAG� 39 OF RFP �'129
. �
�
1
,
.1
....�
.�
K. The confraator's fiailura to comply with any of these provisions is a breach of contraot by the
confractor which entitles the governmental enti�y to declare #he contract void if the
confractor does nof remedy the breach wf th1r� ten days affer recelpt of notice of breach from
ihe governmental enfity.
PAG� 40 OE R�'P �729
Darr Equipment Co.
�'otal
Tota1 Tatai Lostwark testWorkBay Restrtcted Medica) TotafRecordable 05HA OS�IA
Year EMit Hour� Errtployees Fatatities. k�ay rases RaCe Cases QnEy Cases Cases fiaxe Cltat�ons?
2005 t1.87 43�,200 2{10 0 � 0.45 Q 13 93 'S.02 No
Z406 a.8G 470,960 23.2 U 5 212 2 29 � g,34 �
�aa� �.o�. �2,aoQ 22a n � o.s� o a 5 �.�.Q �o
2d08 1.0� Q8i,5�Q 2?3 � 2 �.83 2 4 8 3.32 No
2Q(f9 1.10 394,5b'� 22�. 0 2 �.Oi 0 S $ 4A5 No
20i0 0.87 413,565 7.98 � 3 1AS � D 3 & 3.g6 Hn
201I 0,91 •
�' � -
ATTACHM�NT B
'Wage Determinatro�n
Ftefer to: nttq•ilwww ocess.apo.aovldavisbacanlix.html -
Quotin� R.epYii��eme�tts, Conii•act F�rms & Coi�d�fions of tl�e Contract Wase Rates
& Pa roll Re oR�ti��
1. Payment
{A) Employee Cer#ification
CONTRACT�R, Its Subcontractors, and their 8ub•subcon#raotar shall idenfify in writmg, fhe
classification agreed to by alf laborers, workrnen and mechanics employsd by them in f�e execution of
kha Contract, and pay not less fhan rafas specifted at the Texas Workforce Commissian's website
whfch can be accessed at. If work performed by worker is dffferent than the elassificatian agresd upon,
ti�e woricer shall be paid fhe minimum wage far work per�ormed.
(8) F'revailing Wages
VVorkers an Project sha[I be pald not less #han wage rates described in ihis seciion. Such wage �'�tes
shali be used thraughout the Contract. If a classificafion is io be used which is not listed in this secfion,
CdNTRACTOFt shall requesf such rat�s from the Department of Labor and forward a copy of ftte
request and response to OWNER. Inclusfon of wag� rates daes nat rei(eve CONTE�AC'COR from
responslblfity to comply with applicable State or Federai wage 1aws.
Wage rates shal! be postad by CONTRACTOR at siie of Woric in a promfnent place where they can be
easfly seen by workers. in fhe eveni there are mul#i�le job sltes (suc� as in street or u�(1Jfy construc�ion),
wage rates shalE be posted ai CONTRACTOR's office and be posted at other places where they would
�e most likely seen by workers.
(C) Overtlme Requfr�ments
No Contractar, Subcontractor, or Sub-subcontracior caniracfing for any �a�i of confract Wark whict�
may require or invalve the empfoyment of iaborers or mechanics shall require or perrnit any labor�r or
mechar�ic in any workweek ln which he fs employed on such Work, to worit fn excess of for#y hours in
such workweefc uniess such laborer or mechanic receives compensatian at a rate not less than ons and
one-half times his basic rate of pay for ail h4urs in excess a€ forty hours In such workwee4c.
2, Apprentices and Trainees
(A� Lo�aliy Funded ProJects
Apprentfces and heipers will �e permitied to work as such when they are listed on a payrol{ as an
apprentice or helper. Apprentices or �elpers �re to be paid a minimum af 50 percent of jourtteymen
wages indlcated. The alfowable ratia of apprentices or helpers in any crafl is not t4 exceed 2:T.
�mployees vuho are not under the apprentice or helper pragram shall be paid the wage rate prov�ded In
contract for Work he actually perFormed.
3. Wiihholding af Payments
oWN�R may withhold or oause to be withheld fram CONTRACT4R as much of the accrued payments
which may be deterrnined necessary to pay laborers and mechanics empfoyed by CONTRACTOR,
Subcontrac#ors, or 5ub-subconiractors on the Work the full amount of wages required by fhis Cantract.
In tfte event of nonpaymenf of wages to laborers or mechanfas worfcing on the site of the Work of fi�is
con#ract, aWN�R may, afier written notice to CONTRACTOR, take such action as may be nacessary
PAGE 41 Or RE�P 4729
�
fo cause suspensian of any further pay�nen�s or advance of funds to CONTRAGTQR unfil such
vioiaflons have ceased and until restitutian has been made.
4. Payroll and E�eports
I'ayrolls relaiing to this Work shall be mainta[ned during term of Contract and preserved for a�eriod of
thrae (3j years fhereafter by C�N'�RACTOR fvr alf labarers and mechanics workin� on ihe Work. Such
recor�ds shal{ contain name and address of each such �mployee, hislher correc� class}fication, rates of
pay, including fringe benefit raies when applicable, daily and weekly number of hours worEc�d,
deductians made and actual wages paid.
C4NTRACTOR sh�lf ma[ce payrall records ava€iable for lns�ect�on by authorized represeniafives of
�VVNER upon wrikten request, and shail permit such represeniaiives fo abserve and/or interview
employees during working hours on Wark site, for such time as is required to obtaln personal
verification of selected payrotl data. lf it is apparent that there is a wag� rate vlol�iion or improper
classification of employees, an invesfigation will be conducted, and acfian iaken as appropriate_ .
5. Complainfs and Penalty's
CONTRACT4R's atteniion is directed to House �ill TX 73 RHB 560 amending Art. �159a,
V.T.C.S. rela#ing to fhe payment of certain labarers, workers, and machanics under pubffc
works cantacts.
PAC}E 42 OF RFP �729
F
;
,
�
i
, �
. �
ATTACHM�NT G
BUDCET AND COMPLIANCE QUESTIaNNA�RE AND �ORMS
1. �irm Name :
Darr Equfpment Co, LP
2, Ac[dress: �illing
350 8ank Sfreet
Saulhlaice, Texas 76
Main#: 8�t7.410.�800
�ax#: 817.4'f 4.4$48
Address Consfruciion:
8231 John Carpenier Frwy
qallas, Texas 74247•
3. Tax f'aysr ID#: 522361924
4. �m�ii Address of Primary contact: jqoffCa�darrequj�ment.com; tzimmermanQdarrequipmant.com
5. Website Address; www.darrJcb.com
6. Telephone:214.819.399'[
7. Fax:214.819.3830
8. Other Locaiions:
i 302 �nter�rise St
` Longview, Tx,i86a4
� 266 Case Circle
i Ardmore, aK 7�4Q1
�
i
�
�
�
�
;
,
;
�
�
2000 S� 67�' Street
4kiahoma Clty, Ok 73'i49
7760 Alumax R�
TexarEcana, TX 7550�
9, Organizatton Class: Lirrtited Liabiilty Company
Parfnership
Indivf�ua[
Cnrporation
Assaciation
425� S 76�` �ast Ave
Tulsa, Ok 74��5
69�17 Woodway pr.
Waca, T'X 76712
9Q. Date Esfablished:1964, changed to Darr �quipment Co. LP; 02.02.2fl�2
11. Former Business Name: Darr �quipment Co.
'EZ. Date of Dissolufion: Nane
13. Subsidiary of : None
14. Hiskarically Underutilized gusiness; Yes or No: NO
16. Principals and O�icers; •
5teve �rooks: President
Robert �ngstrom — Vice Presidertf of Safes
Brenda Barnes � Comptrol�er
'(6. Key Personnel and Res�onsJblllffes:
PAG� �3 OT Ri7P 9729
�
Mike Andrews M Region Manager, Dallas Office, man�gement of all branch operations, sales,
� rental, ssN(ce & parts.
�� Jeff Gpif — Setvice Manager, Sei`vlee operation5, shop safeiy, personneJ, faciiity
John Borel — Par#s M�n�ger, Parts operations, purchasing an� distribution
. Tim �immerman —1'erritory Manager, safes, rental & product suppart, customer contact
97. Number of Personnel by nisciplina: DaUas Office anly . Toial far afl of Da�r
Discipline Number of 5#afif # Re�istared
Managemeni 3 3
Parfs 1 �
Rental 2 �
Service 6 6
18. Services Prnvided by �irm;
New sales of JCB an� Fae�n prodcacts, Used salas many dlfferent maEces, renfal produets, new
JCB paris, and servfce of ali makes of equi�ment. �
19. Profess�onal Liability Coverage, Error & Omfssions, eta.
Amount: No Coverage
20. Work Type -- �lstrfbutian by F'roportian of Annual Average;
Wnrk Ty�e % by Fee % by No of Projects
Service 80% 20°l0
2T. Please indicate khe total numbar of projects your F'irm has undertaken wiihin the last five years?
We provide product support from many locafions generally by maintenance aonfract nr by the ,
service job.
22. Ftas your company flled ar been named in any ffiigat�an involving your company and the �wnar
on a cantracf withfn tha fasi five years under your curreni company n�me or any ather aompany
name? If so provfde de�ails of the issues and resolution If available. include lawsuiEs where
Ownar was i�volved, No
23, piease pravtde at least (5) five references (preferahly munrcipalities) and cotttr�ct amounts.
Wasfe Man�gement � $6,500 / month
Kaiser Aluminum - �12,000/ conkract
� Open Range - $S,flOQ.00 J month
City of.Denton - $�$20,000.04 ! Contract
Sun B�[# Ftenta! � $10,000.00/ month
24. Hava yau ever defaulted on or fai�ed to complete a contrac� under your current comp�ny name
or any other campany name? lf so, where and why? Glve name and telephane numher of
Ownet. No
25. Have you ever had a contract terminate� by the Owner7 If so, where and v�hy? Give name and
telephone number (s) of Ownar (s}, No ,
26, Has your company imp[emented an Employee Health and Safefy Program compliant with 29
CFR 1510 "General Industry St�ndards" andlar 29 CFR 1926 "Ganera( Construction Startdards"
as fhey apply to your Com�any's customary acflvifies? No, we foifow OSHA rules and irack per
their guidelines (ses attachment)
P�iOE 44 OF RFP 4724
ATTACH�ENT E
SAFETY RECQRD QU���'��IVNA�RE
(Must Be Submitted Wi�h Propasal r�sponse)
The City of Deninn desires to avaif iiself of the benefifs of Section 252.0435 of the i.ocal Government
' Code, �nd consider ihe safety records of potentiai contractors prior fo awarding con�racts for fhe Ciiy of
dentan con#racts, Pursuant to Seofion 252.443(b) (8)) of tha Lacal Government Code, the City of
Dentan shall cansider the safety record of a respondent prior to awarding contracts or� Cify contracts.
� Tiie deffnifian and criferia for deisrmining fhe safety record of a respondenf for fhis cons[deraf#on shal)
be:
� The Cify of Denton shali consider the safety record of the respandents in deiermining fhe
respansibility fhereof. The City may cortsider any incidence tnvo[ving worker s�fety or safeiy of
� the attizens of #he City of Danton, be it related or caused by environmental, mechanfcai,
. operational, supervtslon or any other cause or factor. Speclfically� Ehe City may cansider,
among other thtngs;
a, Camplaints to, or final orders entered by, the Occupa�ianal Safety and
Health Review Commission (QSHRC), against the respondent far
violafions of oSHA regulafions wlthin #he past three (3) years.
b. CiEations (as defined be[ow) from an Environmental Proteotfan Agency
(as dsfined befow) for �ioiations wifhin fhe past five (5) years.
Environmsntai Protection Agencies include, but are not necessarlly
limited toT the U.S. Army Corps af Engineers (USACO�j, #he U.S. Fish
and Wildlife Service (US�WS), the �nvironmental Protection Agency
(EPA), the Texas Commission on �nvironmentai Quality (TC�Q), the
Texas Naturaf Resource Conservaffar► Commission (TNRCC)
{�re�ecessor fo the TCEQ), the Texas Department of Health (TDH), th�
Texas ParEcs and Wildfife DeparEment �TpWD), the Structura( Pest
Con#rol Soard �SPC�), agencies af local governm�nts responsible far
enforcir�g environmental pratecfion or worker safety reiated iaws or
regulafions, and similar regulatory �gancies of ofher states af the United
St�tes, Citations include n�ticea of violafion, nafices ofi enfarcement,
suspensian/revocafions af stafe or federa( licenses or registrations, fines
assessed, pending criminal complainis, indictments, oc convictlons,
adminlstrafiv� orders, draft orders, fina( orders, and judicial final
judgments.
a Convictians of a eriminal oHense within fhe pasf ten (10) years, which
resulted ln bo�ily harm or �eath. �
d. Any ather safety related rnatter deemed by the City Courtcil to bs materiai
in determining the responsiblEity of ihe respondent and his or her ability to
�erform th� services or goods required by the praposal documents in �
safe environment, bath far the workers and other employees of
responden# and the citizens af fhe Cify af Denton.
,�
� rA�E as or �zrr d72�
� In order ta obtain proper informatfon �ram res�ondents so ihat Clty of Denton may �onsider
the safety records of poter�tial coniractors pr(or to awarding City cantracfs, the City of Denion
requires #hat respondents answer the foifowing fhree (3j �uest�ons and submii them wifh ihei��
` proposa(s:
, QUESTfON ON�
� Has ihe respandent, or fhe firm, corporation, partnershfp, or institution represented by the
res�ondeni, or anyone acting #or such firm, corporation, partnership or institufion, reoeived citations
� for viola�tons of OSHA wlfhin ihe past three (3) years?
YES, _ ..... NO�, K _.
' {f fh� respondent has lndicated Y�S #or question numher one above, the respondent mcast provid�
ta Ciiy of Denton, with its proposal submission, the faflowing informaiion with respect to each such
; cifafion;
Date of offense, location of esfablishment inspeoted, aategory of afFense, final dis�osition of
offense, if any, and penaliy assessed,
Qu�sYiot� �rwo
Has the res�ondent, ar the firm, corporailan, partnership, or lnstitutfon represented by ihe
eespondeni, ar anyone acting far such firm, aorporation, partnership or instituEion, recsived
ci#atians for viotaiions of environmen#al protection laws or regulaiions, of any kind or type,
withln the past five years? CIiations include notice of violation, notice af enforcement,
suspertsionlr�voaations of state or federal lic�nsess or registrations, fines assessed,
pendin� crimfnal camplalnts, fndlctments, or canvictlons, administrative orders, dr�ft
orders, flnal orders, and judicta( flnal Judgments.
YES NO X
If fhe respondent has indicated Y�S for question number two above, the respondent must provide
to Gtfy of Denton, witt� lts re�pansa, fhe foUowing informafidn wifh respeCt to each suCi� conviction:
Date ofi ofFense or occurrence, locatlon where offense occurred, type of offertse, final d9sposifian af
oifense, if any, and penalfy assessed.
QU�STION 'fHREE
Has fhe respon�ent, or the firm, corpora#ion, parfnership, or institution represenied by respondent,
or anyone ac#ing for such firm, corporatian, partnership, or institution, ever been conviafQd, witt�in
the past ten ('f 0) years, of a criminal offense which resulted (n serious bvdlly injury ar death?
Y�S NO X
if thd �espondent has indieated YES for quesfaon number three abave, the respondeni must
�rovide to City of D�nton, with Its propasa! submissian, #he foElawing information �rith respecf to
each such convictlan: Date of offense, foaatfon where offense occurred, type of vffense, ffnal
disposifion of offense, lf any, and penalty asaessed.
rAa� �� or x�� 47a�
ATTACHM�NT F
VENDOR REFERENCES
Pie�se list tli��e6 (3) Doverument references, othoi� ths�n tI�c Cify of llen#oi�, who can verffy tha qttaltty nf servlca your
com}�any provides. The City prv£ers customers oFsimilar s9ze �tnd scope of �vorf: tv tltis pro�os&l.
XtCt�`�n��VC� ONE
--� GfJV�RNM�I�IT/COMPANY NAM�: KAISERALUMTNUM
,j
LOCATION; SHELZMAN TEXAS
'� CONTACT PERSON AND TITLE: Gflhert lla �e
TELEPHONE NUMHER: 903.893,55G6 _..�_ _
j SCOPE OR WORK: MAJOR COMPONGNT itEBU1Lb
� CONTiZACT PERIOLI; 20I0 & 201 l
RE�'ER�I�IC� TWO
C30VEI2NMEi�TIC�MPANYNAME; WASTSMANAGEMSNT
LC}CATIQN; ARL1NGTpN TX
CONTACT NLRSOI�t AND TITL�: Jnlm McDa»ie�s ___ _
T�L,�PI-X�N� IVUMBBR; , 817 27�i IOG�1
SCOPE OF WORK: MAJOR COMt'ONf3NT i2L�3UILb & MAINTENANC�
CDN�ItAC'T PERIOD;
tt � ���2 �iVC� '�'H �2��
GO'VLItI�IM�NT/COMPANY NAM}3: CITY OF DENTON
LOCA7'lON: DEt*�'COi� TX
CO�f`TAC7' 1'ERSON AND TITLE; Mike Ellis __
TEL�sPI303�lB NUMBER: ,,�A0�3�8424
SCQPE OF WORK: COMPONENT REHUi�,p AN� MAINT�ENANC�
GON'I'RA�T P�RTOD: PSR JOB BASIS . ,_,_, _, ,_ ,. , �
PAGfi 47 OF RFP �i729
ATTACHiV1ENT C
� CON�LICT OF INTER�ST QUESTI0NNAIR� , FORM CYQ
��'oa• veudar ar otliei' ]Bi•sat doin bi�siuess �vif4loc�I overitInental eI►titY
, Tiiis questiounSirC 1'eiteefs eTiAnges macle to tl�e law by H.B.1491, SOih Leg�, Regular Sesslon. flFRdC� USB QNI.Y
This q��estio�inai►•s is being fifed in accord�nce �vitl� clt�pier 17G of if�e Local Gqve►'mnent Code by � pvrso�� n�tc�teut��a
ti�vho has a busniess relAPtoitsl�i� as defit�ed U�� 6eetlon t7GA0i(1-�a �vitls n lncal goveax�ineutal cf�city �iid tl�e
= pe�•so�� nteets t'eq�airaxne�lts �indor Section 176AQG(a),
� By law this questionnaire must be iited �vlfh the records �dminisf�^�tor of ti►e [ocal government entity not later
. tliari tha 7th bus�ness day after tl�e date the person becautes aevare of facts that ►�cqaice tha statemenf ta be �1ed.
�� � j See Sectlon 176.006, I.ocal Govern�ne�it Cacle.
a
A persan cornln[ts ni� offense if the pe��so� kna�vingly ��iolates Section 17GA06, I.ocal Govercimant Coc�e. An
� offanse under this sectfon is a Cl�ss C n�isdemea�ior,
i Nnmoof�i0�sont�'holFnsabnsl�ussrciaUo��shiptiti�ilh2ocalgovcrnmenl�ilcMtty.
• 1
� 2
, !—"1 Cliccic 11�is box if you nrc firing en u��an�o fo � nrevlously� filed qucstlonuai�•c.
L....(
(The lnk� roquiros thnt you file a�� updated co►nPlctcd q�jestio�maire tvit8 the approprinle f3ling aiithorlty not later 11�an the 7�' husiness day a�ter the
j date tl►e origt��ailp Fi{ecl qnestlon�iaire becomes ineo�uplete ar i�aceEir�te.)
�
3 Name o€toeel govermnent oP[fcer wilh ti��l�om fiter Itas A�t em��loyinei�E or bush►ess rela�io��shfp,
'i I�O��
i
�
iVamoofOfficer `
� Thfs secfio�, (ifem 3 incEuding subparts A, 8, C& Dj, must be compleEed for each oi(icer wifh whom Ihe filer has an empEoymeni or alher buainess
� reiataonshlp as deilned by Seotton t76.U01(1-a), Locat (3overnment Code. AlEach add[tfonal pages to ihis Form CIQ as necessary,
A, Is tite loeal government ofBcer named in this section reee[vin� or Ilkely to recelve Eaxable incorne, other t�an (nvasiment incorna, from 1he
�' filer of the questfonnaire?
� � Yes 0 No
�` B. Is tha fller of the quesElannaire recefving or likely io receive laxable income, other than Investment income, from or at tha directian of tha
'J loc�l government oFfcer ttamed in this sec(ion AND the taxable incoma is not raceived from fhe focal governmentaf entiiy?
� Yes � No
+ C. !s the filer o( thls questionnalr� employed by a corporatlon vr other b��einess entity VAth respect to whfch the local govarnmen! ofQcer
� serves as an ofpcer or director, ar fiolds an ownership of 10 parcent ar mora?
� � Yes � No
D. Describe each af01[afion or buslness relationahip.
�,
a
' iVC}N � l�N41�lRI
� Signalure oF person dofng bc�siness wNh the governmental eniity pata
i
:(
PAG� �}$ OE� [tFP 4729
' l�p #4729 -- HEAVY bUT'Y �L$�T IV�FCHArIICA�, S�RVICES FOR CITi' QF �3ENTON
ATT'AC�IMENT H A�,��,
DISADVANTACED BUSIN�SS UTILIZATION
The City of Denton wiil ensure thai �urchases of equfpment, materials, supplies, and !or
� services comply wlth Texas Local Governmant Code 252.0215, 9n ragards to competitive
� requirements in relatian to Disadvantaged Business Enierprises (DBE). The CHy will ensure fha#
all proaurament opportunifles are cost effective, and cnntr)butable fo ti�e com�efltiveness of #he
� City, and Its custamers. All Procuremertt ac#ivit�as will be conducted in an open and fair manner
with eaual opporfunity provided for alf qualiiied p�r#ies. Ths City of Denton wi[I provide equal
contracting opporfunities �s provfded by Staie and Federal law tn small business enterprises,
� Historically Underufflized Businesses, and Disadvanfaged ��siness �nterprlses. The CiEy of
._:_; Dentnn encourages alI awarded Confrac#ors to seek qualific�fion as a O8� and/or utilize DBE's
as sub-contractars, where feasible, to meef fhe overall intent of ihe legisl�ti�n,
q_isadvantaaed eusiness �nferprlses (DB�I: are encouraged to participate ln the City of
Denfon's procuremant process. The Purc3�asing Department wlll provide addiiional cl�rlfication
of specifications, assisfanca with proposal Forms, and further explanation of pracuremeni
procedures to those DB�s who re�uest it. Ftepresentafives from DBE companies should identify
themselves as such a�d submit a copy of the Cerlification. The Cify racognizes the certificattons
of the State of Texas �uilding and Procurement Commission HUf3 Program, AIE companies
seeking infarmation concerning DB� cerf�fication are urge� ta cantact.
State of Texas HUg program � TP/•1SS Divislan
PO Box 13047, Austin, TX 78719-3�47
(5'f2) 463-6872 or (888} 863-5881 or h�tp�lLwww.window.sfaie.tx.0 i�arocurement/,�ragthub/
Instructions: if your company is already cerfiEied, aitach a copy 4f your ceriiFfcation to this torm
and return with the submission. If your aompany fs not already certified, and cauld be
considered as meefing certiffcaifan requiremenfs, ptease Use the we 11n to abfain such. If yau
are submiifing a response and �lan to utilize DB�'s, then �se the f�rm �elow #0 ldentify fhe
business and inClude t�e business HUB certifloation.
COMI'ANY NAM�: �C�O�S NOT AF'F'LY Tq DAttR �QUIPMENT G0,
R�PRES�NTATIVE:
ADbR�S5;
C17Y, STAT�, �iP; _
TELEPHQN� NO. �AX NQ .
I►�dIcaie all that ap�ly:
Minar[ty-Owned Business Enferprise
V�lomen�Owned Business Enterprise
Disadvantaged Business EnterprFSe
, � Page 49 o€RFP 4729
►
12T��' #47'29 -� HEAVY DUTY FLEET MEC�-IA.NICAL SERVICES FOR GITY OF DENTQN
�
.
ATTAGH�l�NT J
ACKNOWL.E�GE14fIENT
. THE STATE OF TEXAS
COUNTY OF DENTON
��� � i certiFy that [ have made no willfu� misre�resentaiions in this Proposal s�bmission, nor have •!
withheld info�matfan in my stafements and answers io questions. I am aware ihat the
! informafiah give� by me in this proposal will be Investigated, wlEh my fulf p�rmission, and that
; �ny misreprESentations or omissions may cause my propo al to be rejected.
+
i� .�� �, �� _�
� nat��-"
� , ---
,
� � �� �
, ,
�
Title
�
�
..._�
t
{
,
�
A
�
� Paga S1 ofRFP �}?29
� � DATE (MMIDDIYYYY)
q� � CERTIFICATE OF LIABILITY INSURANCE 11/09/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certifcate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME;
MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. pHONe 469 232-2100 F�
5080 Spectrum Dr., Suite 900E A!C No Ext :� � AIC No :
Addison, TX 75001 E�MAILnn
INSURED
Darr Equipment Company
6688 North Central Expressway,
Suite 500
Dallas, TX 75206
COVERAGES
� `�.1
1�\�D �-�Q
✓
CERTIFICATE NUMBER:UYSKGK3X
iNSUReR a :Travelers
INSURER D ;Con[inental
INSURER E :
AFFORDING COVERAGE
Company of CT
REVISION NUMBER:
NAIC #
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
�LTR TYPE OF IN RANCE ADOL SUBR pOLICY EFF POLICY EXP LIMITS
INSR WVD POLICY NU 8ER MMIDDlYYYY MMIDDlYYYY
C GENERAL LIABILITY WGN740039901 OBIOI/2011 OB/Ol/2012 EACH OCCURRENCE $ 1,000,000 ✓
DAMAGE TO RENTED 300,000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $
CLAIMS-MADE � OCCUR' MED EXP (My ane person) $ 10,000
X X PERSONAL & ADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X PRO- LOC $
JECT
B AUTOM061LE LIABILITY Y8105276M221-IND-11 08101/2011 08/01/2012 Ee aocldeD`SINGLE LIMIT $ �,000,000
X ANY AUTO �/ BODILY INJURY (Per person) $
ALL OWNED SCHEDULED X X BODILY INJURY (Per acciden[) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE
x HIRED AUTOS %� AUTOS Per accident $
$
� X UMeRELLALIAB X oCCUR L3013159753 08101/2011 OBl01/2D12 EACHOCCURRENCE $ 1,000,000
EXCE55 LIAB CLAIMS-MA�E AGGREGATE $ 1,000,000
DED RETENTION $1 00 $ '
A WORKER5COMPENSATION YCUB5110M7551 DSl01/2011 OS/01/2012 X WCSTATU- OTH-
AND EMPLOYERS' LIABILITY O L I 5 E
ANY PROPRIETORIPARTNERIEXECUTIVE YI N E.L. EACH ACCIOENT $ 1,000,000
OFFICERIMEMBER EXCLUDED7 N 1 A X
(MandatoryinNH) E.L.DISEASE-EAEMPLOYEE $ 1,000,000
If yes, describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
$
$
$
S
�ESCRIPTION OF OPERATIONS I LOCATIONS lVEHICLES (Attach ACORD 101, Addltional Remarks Schedule, If more space Is required)
Upon awarding contract: City of Denton t OFficials, Agents, Employees and volunteers are included as A�dd�itional In�s fg� as required by wr' ten contract as respects to
General 'ability & Aut ' y. General Liability additional insured on a primary and non-c ntributing a�s as required by contract�aiver of Subroaatio�in favor of
ty of Denton, it O�cials, Agents, Employees and volunteers as required by written contract.�
C
City of Denton ✓
825B Texas Street
Denton. TX 76209
CANCELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATETHEREOF, NOTICE WILL 8E DELIVERED IN
ACCORDANCE WITHTHE POCICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
Pa9e 1 ot 1 O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD