19-691of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS,,e or a designated reviewedrecommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
oservicesProposals" submitted
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and acceptef
NOW, ' •`
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" . officePurchasing Agent,
gre hereby accepted and approved as being the lowest responsible bids for such items:
BID SECTION
NUMBER NUMBER VENDOR AMOUNT
690 II Freedom Commercial Services, LLC $105,000
6980 I Watts Ellison, LLC,
dba D&D Commercial Landscape Management $1,057,980
equipment,SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
•plies or services in accordance with the terms, specifications,
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager, or his
designated representative, is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under this ordinance to the City Manager of the City of Denton, or 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.
The motion to approve this ordinance was made by ° Vim, and
seconded by `r , the ordinance was passed and approved by the
_ ___________..
tbllowi�lg vote
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay
:::::_
'
PASSED AND APPROVED this they
Abstain Absent
dayof _.... �R.,...-- 2019.
r
CHRIS WATT ,
S, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
d
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Docusign City Council Transmittal Coversheet
IFB
6980
File Name
Rights -of -Way (ROW) and Private Property Maintenance
Purchasing Contact
Suzzen Stroman
City Council Target Date
April 9, 2019
Piggy Back Option
Yes
Contract Expiration
April 9, 2022
Ordinance
19-691
DS
D
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND WATTS ELLISON, LLC DBA D&D COMMERCIAL
LANDSCAPE MANAGEMENT
(CONTRACT 6980)
4/9/2019
THIS CONTRACT is made and entered into this date by
and between WATTS ELLISON, LLC DBA D&D COMMERCIAL LANDSCAPE
MANAGEMENT a Texas Limited Liability Company, whose address is 9076 FOREST LN,
DALLAS, TX 75243 hereinafter referred to as "Contractor," and the CITY OF DENTON,
TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon
approval of the Denton City Council and subsequent execution of this Contract by the Denton City
Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products and/or services in accordance with the City's document
6980 - Ri2hts-of-Way (ROW) and Private Property Maintenance, a copy of which is on file at
the office of Purchasing Agent and incorporated herein for all purposes. The Contract consists of
this written agreement and the following items which are attached hereto and incorporated herein
by reference:
(a) Special Terms and Conditions (Exhibit "A");
(b) City of Denton's IFB 6980 (Exhibit "B" on File at the Office of the Purchasing
Agent);
(c) City of Denton Standard Terms and Conditions (Exhibit "C");
(d) Insurance Requirements (Exhibit "D");
(e) Certificate of Interested Parties Electronic Filing (Exhibit "E");
(f) Contractor's Proposal (Exhibit "F");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as "Contract Documents."
Prohibition on Contracts with Companies Boycotting Israel
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier
certifies that Supplier's signature provides written verification to the City that Supplier: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies
that Supplier's signature provides written verification to the City that Supplier, pursuant to Chapter
2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments
under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to
meet or maintain the requirements under this provision will be considered a material breach.
The parties agree to transact business electronically. Any statutory requirements that certain terms
be in writing will be satisfied using electronic documents and signing. Electronic signing of this
document will be deemed an original for all legal purposes.
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
[DocuSigned
b ,,, Kenneth Hedges
8C476FC45B304C3...
SIGNATURE PRINTED NAME
Fire chief
TITLE
Fi re
DEPARTMENT
APPROVED AS TO LEGAL FORM:
AAR &RA+o,b ITY ATTORNEY
L17F9D328BF0204E5..
BY:.
ATTEST:
ROSCgCPS9n ITY SECRETARY
BY:1CSCA6C5E175493_.
CONTRACTOR
DocuSigned by:
0av't (XS
BY. A66AA1C6FFII224D4...
AUTHORIZED SIGNATURE
3/22/2019
Date:
Dave Myers
Printed Name:
Title: Director
Director
PHONE NUMBER
dave@ddmowing.com
EMAIL ADDRESS
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
DocuSigned by:
TW �t"ate
BY. B776C711 BAOD454..
TODD HILEMAN
CITY MANAGER
4/10/2019
Date:
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Exhibit A
Special Terms and Conditions
1. Total Contract Amount
The total contract for Section I of I1713 6980 6563,
for the supply of enhanced right-of-way mains
Pricing shall be per Exhibit F attached.
2. Contract Terms
which Section I only is awarded by this Contract
enance services, shall not exceed $1,057,980.
The contract term will be three (3) years, effective from date of award or notice to proceed as
determined by the City of Denton Purchasing Department.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton. At
the sole option of the City of Denton, the contract may be further extended as needed, not to exceed
a total of six (6) months.
3. Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment yearly. The escalation/de-
escalation will be based upon manufacturer published pricing sheets to the vendor. The price will
be increased or decreased based upon the yearly percentage change in the manufacturer's price
list. The price adjustment will be determined yearly from the award date. Should the change
exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall
be adjusted in accordance with the published price change. It is the supplier or the Cities
responsibility to request a price adjustment yearly in writing. If no request is made, then it will be
assumed that the bid price will be in effect. The supplier must submit or make available the
manufacturers pricing sheet used to calculate the bid proposal, to participate in the
escalation/de-escalation clause.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Exhibit C
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City of Denton's contract are applicable to
contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer
and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must
be in writing and signed by a representative of the City's Procurement Department and the
Supplier. No Terms and Conditions contained in the seller's proposal response, invoice or
statement shall serve to modify the terms set forth herein. If there is a conflict between the
provisions on the face of the contract/purchase order these written provisions will take precedence.
The Contractor agrees that the contract shall be governed by the following terms and conditions,
unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract,
Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and
sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed
principally at the City's premises or on public rights -of -way.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all
deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall
be effective as of the date the contract is signed by the City, and shall continue in effect until all
obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list showing
the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the
number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include
all delivery and transportation charges. The City shall have the right to designate what method of
transportation shall be used to ship the deliverables. The place of delivery shall be that set forth
the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non -conforming deliverables. If the City
has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the
deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall
furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance
to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables
must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity.
Any non -complying tender shall constitute a breach and the Contractor shall not have the right to
substitute a conforming tender; provided, where the time for performance has not yet expired, the
Contractor may notify the City of the intention to cure and may then make a conforming tender
within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City's service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which could
in any way affect performance of the Contractor's obligations under the contract. The Contractor
hereby releases and holds the City harmless from and against any liability or claim for damages of
any kind or nature if the actual site or service conditions differ from expected conditions.
The contractor shall, at all times, exercise reasonable precautions for the safety of their employees,
City Staff, participants and others on or near the City's facilities.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property.
i. use or possess a firearm, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification
and retention of verification forms for any individuals hired on or after November 6, 1986, who
will perform any labor or services under the Contract and the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (" IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration (OSHA).
In case of conflict, the most stringent safety requirement shall govern. The Contractor shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards,
orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et
seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department's Name, and
the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight
waybill, when applicable, shall be attached to the invoice. The Contractor's name, remittance
address and, if applicable, the tax identification number on the invoice must exactly match the
information in the Vendor's registration with the City. Unless otherwise instructed in writing, the
City may rely on the remittance address specified on the Contractor's invoice.
C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work -hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within
thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received
in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the
maximum lawful rate; except, if payment is not timely made for a reason for which the City
may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after
the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of.
i. delivery of defective or non -conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to provide, are filed or reasonable evidence indicating probable filing of such
claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with all
required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The
City's payment obligations are payable only and solely from funds Appropriated and available for
this contract. The absence of Appropriated or other lawfully available funds shall render the
Contract null and void to the extent funds are not Appropriated or available and any deliverables
delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor
written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount
insufficient to permit the City to pay its obligations under the Contract. In the event of none or
inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the
term of this contract, the contractor shall bill and the City shall reimburse contractor for all
reasonable and approved out of pocket expenses which are incurred in the connection with the
performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by
the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
negotiated.
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close -Out MBE/WBE Compliance
Report to the Purchasing Manager no later than the 15th calendar day after completion of all work
under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in
compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Contractor, except claims (1) which have
been previously asserted in writing and not yet settled, (2) arising from defective work appearing
after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the
terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations
under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising
under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City
other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost
of any special tooling or special test equipment fabricated or required by the Contractor for the
purpose of filling this order, such special tooling equipment and any process sheets related thereto
shall become the property of the City and shall be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress
or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are
completed and resolved. These books, records, documents and other evidence shall be available,
within ten (10) business days of written request. Further, the Contractor shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and
other evidence pertaining to the Contract, and to allow the City similar access to those documents.
All books and records will be made available within a 50 mile radius of the City of Denton. The
cost of the audit will be borne by the City unless the audit reveals an overpayment of 1 % or greater.
If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel
costs, must be borne by the Contractor which must be payable within five (5) business days of
receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed to
include drafts and electronic files, even if such drafts or electronic files are subsequently used to
generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor
shall comply with all requirements approved by the City. The Contractor shall not initially employ
any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute
any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in
writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan
has been approved, the Contractor is additionally required to submit a monthly Subcontract
Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day
of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the
terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on the
part of the City to pay or to see to the payment of any moneys due any such Subcontractor except
as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARRANTY -PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current
prices on orders by others for like deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens,
claims, security interests and encumbrances. The Contractor shall indemnify and hold the City
harmless from and against all adverse title claims to the deliverables.
21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship or
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
manufacture, and conform in all material respects to the specifications, drawings, and descriptions
in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and
conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations,
and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall
be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non -conforming deliverables,
or replace the non -conforming deliverables with fully conforming deliverables, at the City's option
and at no additional cost to the City. All costs incidental to such repair or replacement, including
but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor.
The City shall endeavor to give the Contractor written notice of the breach of warranty within
thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice
shall not impair the City's rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non -conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to
the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the
Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer's warranty for the benefit of the City.
22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and workmanlike
manner in accordance with generally accepted industry standards and practices, the terms,
conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules
or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the Acceptance Date. If during the warranty period, one or more of the above warranties are
breached, the Contractor shall promptly upon receipt of demand perform the services again in
accordance with above standard at no additional cost to the City. All costs incidental to such
additional performance shall be borne by the Contractor. The City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery
of the breach warranty, but failure to give timely notice shall not impair the City's rights under
this section.
C. If the Contractor is unable or unwilling to perform its services in accordance with the above
standard as required by the City, then in addition to any other available remedy, the City may
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
reduce the amount of services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON -CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay
all claims, costs, losses and damages attributable to the City's evaluation of and determination to
accept such defective or non -conforming deliverables. If any such acceptance occurs prior to final
payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non -conforming deliverables. If the acceptance occurs after
final payment, such amount will be refunded to the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time specified
after demand is made, the demanding party may treat this failure as an anticipatory repudiation of
the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation or
unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the
City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to
fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to
provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks
relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in
Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to
the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including, without
limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post -
judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and
any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and
remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by
law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The
City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available
for such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the
Contract for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if
the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under
this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots,
civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the
reasonable control of such Party. In the event of default or delay in contract performance due to
any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such
failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution mechanism,
including attorney and other professional fees for: (1) damage to or loss of the property of
any person (including, but not limited to the City, the Contractor, their respective agents,
officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's
compensation, loss of services, or loss of income or wages to any person (including but not
limited to the agents, officers and employees of the City, the Contractor, the Contractor's
subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-
conforming deliverables, negligence, willful misconduct or a breach of any legally imposed
strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Appendix A for services only. The successful firm shall procure
and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton.
The insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over periods,
and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage's and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification from
consideration for award. The Contractor must also forward a Certificate of Insurance to the
City whenever a previously identified policy period has expired, or an extension option or
hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City shall
not relieve or decrease the liability of the Contractor hereunder and shall not be construed
to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers' compensation coverage written by the Texas Workers' Compensation
Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an additional
insured shown on any policy. It is intended that policies required in the Contract, covering
both the City and the Contractor, shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Contractor
shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified.
If Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law
or regulations binding upon either of the parties hereto or the underwriter on any such
policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance coverage,
limits, and exclusions when deemed necessary and prudent by the City based upon changes
in statutory law, court decisions, the claims history of the industry or financial condition
of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self -insured
retentions, if any, stated in policies. All deductibles or self -insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse effect on the
Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City
shall state the date of notification of any such claim, demand, suit, or other action; the names and
addresses of the claimant(s); the basis thereof, and the name of each person against whom such
claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to
the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City
Hall, 215 East McKinney Street, Denton, Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required
or appropriate to be given under the Contract shall be in writing and shall be deemed delivered
three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered
Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon
receipt by the addressee. Routine communications may be made by first class mail, telefax, or
other commercially accepted means. Notices to the Contractor shall be sent to the address specified
in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices
to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked
to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
such. Determination of the public nature of the material is subject to the Texas Public Information
Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys and
other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere
in the world of the rights associated with the City's' ownership, and if applicable, license rights,
and its use of the deliverables infringes the intellectual property rights of any third party; or (ii)
the Contractor's breach of any of Contractor's representations or warranties stated in this Contract.
In the event of any such claim, the City shall have the right to monitor such claim or at its option
engage its own separate counsel to act as co -counsel on the City's behalf. Further, Contractor
agrees that the City's specifications regarding the deliverables shall in no way diminish
Contractor's warranties or obligations under this paragraph and the City makes no warranty that
the production, development, or delivery of such deliverables will not impact such warranties of
Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City's and/or its licensors' confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, "Confidential Information"). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information
in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use
the Confidential Information without the prior written consent of the City or in a manner not
expressly permitted under this Agreement, unless the Confidential Information is required to be
disclosed by law or an order of any court or other governmental authority with proper jurisdiction,
provided the Contractor promptly notifies the City before disclosing such information so as to
permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to
use protective measures no less stringent than the Contractor uses within its own business to protect
its own most valuable information, which protective measures shall under all circumstances be at
least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees
to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right,
title, and interest to specific inventions under such patentable subject matter to the City and to
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made -for -hire by the
Contractor for the City and the City shall own all copyrights in and to such deliverables, provided
however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any
such deliverables arising by virtue of the City's sole or joint authorship of such deliverables.
Should by operation of law, such deliverables not be considered works made -for -hire, the
Contractor hereby assigns to the City (and agrees to cause each of its employees providing services
to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all
worldwide right, title, and interest in and to such deliverables. With respect to such work made -
for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its
employees providing services to the City hereunder to execute, acknowledge, and deliver a work -
made -for -hire agreement, in a form to be reasonably approved by the City, to the City upon
delivery of such deliverables to the City or at such other time as the City may request.
C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City might reasonably deem necessary in order
to apply for and obtain copyright protection, mask work registration, trademark registration and/or
protection, letters patent, or any similar rights in any and all countries and in order to assign and
convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and
deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those
described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract
with respect to such deliverables. In the event the City should not seek to obtain copyright
protection, mask work registration or patent protection for any of the deliverables, but should
desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information
under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of
securing business. For breach or violation of this warranty, the City shall have the right, in addition
to any other remedy available, to cancel the Contract without liability and to deduct from any
amounts owed to the Contractor, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without
liability if it is determined by the City that gratuities were offered or given by the Contractor or
any agent or representative of the Contractor to any officer or employee of the City of Denton with
a view toward securing the Contract or securing favorable treatment with respect to the awarding
or amending or the making of any determinations with respect to the performing of such contract.
In the event the Contract is canceled by the City pursuant to this provision, the City shall be
entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost
incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision -making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of
Interest Questionnaire.
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker's compensation, or any other City employee benefit. The City shall not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor shall perform the services hereunder according to the attached specifications at the general
direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The
contractor is expressly free to advertise and perform services for other parties while performing
services for the City.
45. ASSIGNMENT -DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party. No waiver by either
the Contractor or the City of any one or more events of default by the other party shall operate as,
or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an
express or implied acceptance of any other existing or future default or defaults, whether of a
similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the parties
or course of performance or usage of the trade shall be relevant to supplement or explain any term
used in the Contract. Although the Contract may have been substantially drafted by one party, it
is the intent of the parties that all provisions be construed in a manner to be fair to both parties,
reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC
definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing
of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party within fourteen
(14) calendar days after receipt of the request or such later period as agreed by the parties. Each
party shall include, at a minimum, one (1) senior level individual with decision -making authority
regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith
to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the
parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to
mediation as described below. Negotiation may be waived by a written agreement signed by both
parties, in which event the parties may proceed directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation
skills to assist with resolution of the dispute. Should they choose this option; the City and the
Contractor agree to act in good faith in the selection of the mediator and to give consideration to
qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties
from relying on the skills of a person who is trained in the subject matter of the dispute or a contract
interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of
initiation of the mediation process, the mediator shall be selected by the Denton County Alternative
Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith
for up to thirty (30) calendar days from the date of the first mediation session. The City and the
Contractor will share the mediator's fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted
in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would
refer to and apply the substantive law of another state or jurisdiction. All issues arising from this
Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit
to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract
shall in no way affect the validity or enforceability of any other portion or provision of the
Contract. Any void provision shall be deemed severed from the Contract and the balance of the
Contract shall be construed and enforced as if the Contract did not contain the particular portion
or provision held to be void. The parties further agree to reform the Contract to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent this entire Contract from being void
should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday
falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be
between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any
scheduled deliveries or work performance not within the normal hours of operation must be
approved by the City Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the Contract.
54. NON -SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub -awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal, State,
or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its
firm and its principals are not currently suspended or debarred from doing business with the
Federal Government, as indicated by the General Services Administration List of Parties Excluded
from Federal Procurement and Non -Procurement Programs, the State of Texas, or the City of
Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of,
or be otherwise subjected to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable. A. Definitions. As used in this
paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition, plus
allocable overhead costs, but excluding profit. Cost of components does not include any costs
associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected,
and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products
for supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this
Contract; but will consider for approval foreign articles as domestic for this product if the articles
are on a list approved by another Governmental Agency. The Offeror shall submit documentation
with their Offer demonstrating that the article is on an approved Governmental list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act
Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all
information presented in any response to this contract, whether amended or not, except as
prohibited by law. Selection of rejection of the submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59. PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as
defined by the United States Department of Labor Davis -Bacon Wage Determination at
http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol. ov
for Denton County, Texas (WD-2509).
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent
must comply with all applicable laws at all times, including, without limitation, the following: (i)
§36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code,
which prohibits the offering or conferring of benefits to public servants. The Respondent shall give
all notices and comply with all laws and regulations applicable to furnishing and performance of
the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on -
site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees.
Respondent is responsible for both federal and State unemployment insurance coverage and
standard Workers' Compensation insurance coverage. Respondent shall ensure compliance with
all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or
federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall
pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug -Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701
ET SEQ.) and maintain a drug -free work environment; and the final rule, government -wide
requirements for drug -free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug -Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may hereafter
be issued.
63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government -owned, leased, or occupied property and
equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers,
including any delivery or cartage company, in connection with any performance pursuant to the
Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any
such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an act
of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault
or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON -WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as
a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision
of the Contract is in any way intended to constitute a waiver by the City of Denton of any
immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years after
the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit
and litigation matters are resolved, whichever period is longer. The Respondent shall grant access
to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of
Texas, and any federal governmental entity that has authority to review records due to federal
funds being spent under the Contract.
Should a conflict arise between any of the contract documents, it shall be resolved with the
following order of precedence (if applicable). In any event, the final negotiated contract shall
take precedence over any and all contract documents to the extent of such conflict.
1. Final negotiated contract
2. RFP/Bid documents
3. City's standard terms and conditions
4. Purchase order
5. Supplier terms and conditions
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Exhibit D
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSATION REQUIREMENTS
Upon contract execution, all insurance requirements shall become contractual obligations, which
the successful contractor shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by
the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Department satisfactory certificates of insurance
including any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing Department,
ask for clarification of any insurance requirements at any time; however, Contractor shall
not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
• Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A or better.
Any deductibles or self -insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions
with respect to the City, its officials, agents, employees and volunteers; or, the contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
■ Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents,
employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage
resulting from explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property damage
liability arising out of the operation, maintenance and use of all automobiles and mobile
equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned hired and non -owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an "occurrence" basis and the policy shall be issued by the same insurance company
that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00
combined bodily injury and property damage per occurrence with a $1,000,000.00
aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Environmental Liability Insurance
Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this
contract.
[ ] Riggers Insurance
The Contractor shall provide coverage for Rigger's Liability. Said coverage may be
provided by a Rigger's Liability endorsement on the existing CGL coverage; through and
Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11,
Rigger's Liability Coverage form. Said coverage shall mirror the limits provided by the
CGL coverage
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than $ each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
ATTACHMENT 1
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of whether
that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the Contractor providing services on
the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new certificate
of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of
the project.
F. The contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail
or personal delivery, within 10 days after the contractor knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify coverage and report lack
of coverage.
I. The contractor shall contractually require each person with whom it contracts
to provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
2. provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration
of the project;
3. provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the duration
of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
b. a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
7. Contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self -insured, with the
commission's Division of Self -Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Exhibit E
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring
the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at:
httt�s://www.etlucs.state.tx.us/whatsnew/elf info forml295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasinggcityofdenton.com with the contract number in the subject line.
(EX: Contract 1234 — Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission's website within seven business days.
Contract 4 6980
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Exhibit F
DD Commercial Landscape Management
PO Box 741.236
Phone 9;72-3i52-3402
Fax 214-369-4-367
qlq,
.19.cOryl
ddmowing.com
Materiais Management Departmei,
901--B Texas Street
Denton, Texas 76209
ffillm", em,
RIGHTS -OF -WAY (ROW) ANDRIVA'rE PROPERTY MAINTENANCE
1;'OR THE CITY OF DENTON
Issue Date: Januat-y 10, 2018
Response due Date and "Time (Central Time):
"I'hursday, Febr um-y 7, 2019, 11:00 A.M. C.S.1'
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Materials Management Departme
901-B Texas Street
Denton, Texas 76209
II c
RIGwrS-OF-WAY (ROW) AND PRIVATE PROPERTY MAINTENANCE
FORTHE CITY OF DENTON
Issue Date: January 10, 201.8
Response due Date and'fime (Central "'rime):
Thursday, February 7, 2019, 11:00 A.M. C.S.T
niutes be
Ile City highly recommends nthat respondents do not wait 11"fil t
Alm (late jjn(f thne to email ag submission.
H: can take significant thne for the submissions to reach the City.
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City of Denton
11713 6990
Table " Contents
I. INTRODUCTION ........ — ... --- .............. ................
2. COMMODITY OR SERVICE DESCRIPTION ---- ..............
3, MINIMUM QUA[AFICATIONS ........ ... ...... . . ..... ....
4. SCHEDULE OF EVENTS. ....................... --- ....... - .............. .......
5, C'ONTRA('f"FERM......................... ......... ---- .... .............
6. PR1C[NG........................ 1-1 ........ ...... -'-- ........... ..........
7. PRICE ADJUSTMENTS-- ... ............
8, COOPERATIVE PURCI-1ASING / PIGGYBACK OPTION .......
9ADDENDA........----, .............. ....... --l.......................
10. BUSINESS ONrERVIEW......... —.1-1--l—I ...... ...... I ........
11. F1XC'EfyFIONS ....... ......... --- ................ ...................
12. SAFETY RECORD ..... .............. ............. ...... --1--l-
13. DISCLOSURES —.—.- ..... ....... .......... ...... —.1-1-11-1
14CKNOWLEDGEMEN'r --- ...... ......... ....... ......
15. PROD: UCT L11'ERATURE ........ ........ ............
16,: EQUIPMENTSCI-IEDULE ............. ................. .............
17. SUBMITTAI., INS]"RUCTIONS ...... ........... ..........................................
aSubmission Fort iat . ..... ............ ........ ....... ......
b, Elcdroidc Submission Rujuireinents ............ — ......................
18. EVALUATION PROCED(JRES ........... ----- ---- ........ ......... ..
191. CONTACT BETWEEN RESPONDENTAND T14E CITY ...... ............
SOLICITATION CHECKLIST.....,-- ............. ................ ...........
ATT&CHMEN"I'A-BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS
ATTACHN/lENTB-SUBMISSION EXCEPTIONS. ......... --- ... ---- .................
ATTACI-tME,'N'[` C-SAIT,,TY RECORD QUESTIONNAI'R[�� . ................
ATTACI-FNTENT D-REFERENCES ........
ATTACHMENT E-CONFLICT OF K-UEREST QUES1710NNAIR-F ...
A'r-TACHMENT F-AC KNOW LED GEWENT. ............. -- ..... --- ... ..................
Exhibit I Pricing Sheet
Exhibit 2 Gentral I'llrovisions, Standard Terms and Conditions and Appendices
Elxhibit 3 Scope of Work or lechnical Specifications
Exhibit 4 Diagram ATecliniml Drawings and Plans
Exhibit 5 Diagrarn B "Fechriical Drawings and Plans
IFB 6980 -Main Document Pa gof 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City of Dciiton
11;13 698O
1. INTRODUCTION
in accordance with the provisions ref TexasLocal Government Code, Chapter 252 and 27 1, the City
of Denton (the City) is reqUeSting submissions to contract with an individual or business with
considerable experience in providing goods or services of this solicitation. The responses and the
cost solutions shall be submitted, to the City of Denton in a, scaled submission.
The awarded individual or business shall possess as proven track record of using -innovative
approaches to providing goods, and services that represent the best Value to their clients. The awarded
individual or business shall have the ability to accomplish all aspects of the requested services. The
selected individual or firm should be able to provide innovative methods to deal with municipal
challenges, and cost ef.1'ective solutions.
A firm, may submit as solicit do n response for one or triore of the categories of product or services
requested in this, solicitation.
1
2. ('"OMMODITY OR SERVICE DESCRIPTION
',r'l�le City is seeking a term contract for the SU PPLY OF Enhanced Rights -of -Way (ROW) and
Private tin opesly Maintena"ce as mood over the contract term, The City will issue Purchase
Orders for specific needs,
able of
Qo-ntents-
3. MINIMUM QUALIFICATIONS
The following minimum reqUit-ements, must be denionstrated in order for the submission to be
considered responsive to the CitY Of l3enton. Any submission received, which is determined to not
rneet these mandatory requirements shall be immediately disqualified and rejected, as non-
MHM�
0 'rbree (3) years experience providing similar products or services.
Three (3) references from governmental entitiesfear tile PrOdUCtS Or services requested. The
City pi-cfers references from municipalities of similar size.
The responding individual or business must be registered in the State of Texas, or the C�ounty
of Denton, to provide the products or services required in the solicitation, and the individual
or bUSi1DCSS Must have all ficensure required by the State to provide any services required
under this contact.
To learn how to obtain information about filing with the State ofTexas, or obtaining copies
01' certificates from the Secretary of State visit Webpage;
01' /C,0 Phone 5 12-463-55 78; o r enlail
[FB 6980 - Main DocLulient Pap�,e 3 of' 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City of Denton
IFB 6980
Meet the specifications per Exhibit 3.
Submittal &Wrnents including a cover sheet,
Exhibit 1, per the method described in Error!
IN-S'"IR (J S,
4. SUIEDIJI.X OF EVENTS
Solicitation Checklist, Attachments A -F and
Reference source not foumid.St.------MMITTA1,
- - ------ -- - .11------.........-''
The City orDenton reserves the right to change the dates indicated below:
Solicitation Schedule:
Deadline for Submission of Questions:
Deadline for Submission of Responses-.
1/ 17/2019 at I I ° 00, A Mi C ST
2/7/2019 at I 1 -001 AM CST
The City of Denton is ushig the solicitation 'Issue Date' as., noted in the Sche&lje,��f Eyf-c jqtabove as
s
the of 30 day notification re(JU11-Crilel'It ffir an interview with a firm.
.5. CONTRACTTERM
It is the intention of the City of Denton to award a contract W a three (13) year period.
The Contract shall commence UJ)011 t1le jSSUance of a Notice of Award/Issuance of Purchase Order
by the City of Denton, At the sole option of the City of Denton, the Contract inay be Further
extended as needed, not to exceed a total of six (6) months,.
6. PRICING
(Jnit Pricing in Exhibit I shall include all fees and costs to provide the goods, and services to the
City, Unit pricing for goods shall include delivery costs, 17.0,13. Destination
Firm Price
Pricing and discounts, submitted are firms forthe initial one-year period specified in: the solicitation,
Price decreases are allowed at any time. Price increases shall only be considered as stipulated below
in "J."RICE ADJUSTMENTS".
Price Decreases/Discount 1ticreases
Respondents are required to inamediately implement any price decrease or discount increase that may
beconne available, The City or Deriton, must be notified in writing for updating the contract.
7. PRICE ADJUSTNIENTS
Prices qWted for the commodities or services described in the solicitation n1USt be firin for a period
of one yearfroin date of contract award. Any request for price adjUSti-nent must be based on the, U,S
Department of Labor,, Bureau of Labor Statistics, Producer Price Index (PPI). 'rhe price will be
increased or decreased based upon the annual percentage change in the PPL The maximum escalation
IFB 6980 - Main Document Page 4 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Citv oft3entm
iFB 6980
will not exceed: +/- 8% for any individual year. The escalation Nvill be determined annually at the
renewal date. Should the PPI change exceed as mini murn threshold Value Of +/- I "/�, then, the stated
eligible bid prices shall be adjusted in accordancewide the PPI change not to exceed the 8% limit per
ycar. The supplier should provide documentation as percentage of cach cost associatedwith the unit
prices quoted fior consideratiorl.
II eqUest must be submitted in writing with sul.)porting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must also
provide supporting documentation as justification for the re(JUest.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as
competitive with the general market price at the tirne, and become efl.'ective upon the renewal date
of the contract award or reject, the increases within 30 calendatafter rCday ,Celpo t of as properly
5
submitted request. If a properly submitted increase is rejected, the Contractor may reqUeSt
cancellation of such items fironi the Contract by giving the City of' Denton written notice.
Cancellation will not (yc .,) into effect for -15 cal.end ard s after a determination has been issued. Pre -
price increase prices must be honored on orders dated tip to the official date orthe City of Denton
approval and/or cancellation.
The request can be sent by e-mail toPL,Irchashl,mm,; )fflentori-con'] noting the solicitation number,
"I"he City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
8. COOPERATIVE PURCHASING / PIGGYBACK OPTION
The contract resulting rrom this solicitation will be available for use by all governmental emitifies,
providing there is no conflict with any applicable statutes, rtiles, policies, or procedures. The
governmental entities will have the option to use the pricing as agreed to within the resulting contract,
Governniental entities will issue their internal purchase orders directly to the contractor(s),
9�. AD�DENDA
Respondents are required to acknowledge addenda with their submission, Respondents will be
responsible fior monitoring the City of Denton Purchasing Nvebsite at iv-\vw.dentoiiput-cliasiiig.(X)ilI to
ensure they have downloaded and signed all addenda required for submission with their submission.
Respondents ShOUld acknowledge each individUal addendUrn on Attachment F.
10.BIJSINESS OVERVIEW
Respondent shall complete the Business Overview Questionnaire, Project Information Forn) &
Schedule Conipliance Form as applicable per Attachment A.
I L EXCEPTIONS
1FB 6980 - Maint Document Page 5 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Cftv of DenLon
IFB 6980
The respondent shall note any exceptions to the solicitation document, on Attachment B- The
exceptions wi 11 be reviewed to ensu re they meet the rn i n 1mu m specifications. The City eserves t e
right to accept or rqject the exceptions provided,
Do not mark or change the text of the solicitation document, exceptions shall be noted only on
Attachment B.
if no exceptions are taken, the respondent shall sign and return Attachment B in the appropriate
signature block,
JISAFETY RECORD
The City of Denton desiresto avail itself of the benefits of Section 252.0435 ofthe Local Government
Code, and consider the safety records of potential contractors prior to awarding City contracts.
PUBLIallt to Section 252.0435 of the Local Government Code, the City of Denton has adopted the
written definition and criteria as shown in the Safety Record Questionnaire (Attachi'nent C) for
accurately deters lining the safety record of as respondent prior to awarding City contracts,
11DISCLOSURES
'The individual or business Must disclose any business relationship that would have art et'Iect, of a
conflict ofinterest, A conflict of interest statement must be signed as part of the contract negotiated
Nvith the awardee(s). (Attachment E)
14. ACKNOWLEDGEMENT
Submit a signed acknowledgement by authorized argent ofthe responding firm (Attachment F).
1,5. PRODUCT' LITERATURE
Complete descriptive literature for each proposed items to include OUtfine drawings, nameplate data
and verification of other ratings.
16.EQLJIPMENT SCHEDULE
The respondent Shall provide an, equipment schedule. 'Fhe Schedule shall include the Year, make,
model and description of the equipment.
17.SUBMIT TAL, INSTRUcriONS
The City ofDenton will accept electronic or hard copy submittals until the date and time on the cover
sheet of this solicitation. Any submission received after the date and/or hour set for solicitation
opening will be returned unopened.
Electronic submittals essay be ensiled to with the solicitation number and
narne in the Subject line. Please consolidate attachments as Much as possible, and do not exceed
35MB total for attachments, L'Aliails received by the City will remain unopened until, after the dare
IFB 6980 - Main Document. Page 6 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City of Denton
1FB 6980
date and time, only authorized Materials M ' anagement Staff will have access to the e-bid email
inbox, Please do not email the buyer directly to ensure security of the proposal. E1ectronjLjgE2g2Mh
must, be receiv ateand titntas d �� fit
shall be the official tiLnrie. It is hil(Th1v recommended that resj)ondents do not wait unfil minutes
it 11M
before t Lie due date an(l time. to emad their suhmissiqp. It can take s gnificant finie for the
einail to reach the CjjL
Hard copy submissions may be hand delivered (by I-'lrni or express courier) to the address listed
below-.
City of Denton
Materials Management
IFB 6980 RIGH,rS-OF-WAV (ROW) AND PRIVATE PROPERTY MAINTENANCE
90 1 B Texas Street
Denton, TX 76209
The, City of Denton reserve,,.,, the right to accept or reject in Part or in whole any submission, and to
waive technicalities of the submissiori, in the best interest, of obtaining best vaklefior the City.
Each respondent is responsible for taking the necessary steps to ensure their submission is received
by the date and firne noted herein. The City is not responsible for missing, lost or late mail or any
mad or -email delays, internal or external, that may reSUlt in the submission arriving after the set tinie,
a. Submission Format
Respondents, shall provide detailed information to allow the City to; piroperly evaluate the
submission, The City requests the 6ollowin g-format be Use&
I . Hard copy submissions shall be bound only utilizing a staple or binder clip. Do riot subun, it
responses in a binder or file foe lder,
2, Subrtussion shall be no more than 20�O Pages in length
1 Utilize tabs to identify exhibits and attachments
4l'lae submission shall be in the following order:
a) Coversheet --- including Solicitation number and name, firm name, address, contact
name, plione, fax, website and email address.
b) Pricing Sheet -- Exhibit I
c) Completed Solicitation Checklist
d) Attachment A- Business Questionnaire
e) Attachment B- Exception Form
1) Attachment C -Safety Record (if applicable -fibrin will be attached)
g) Attachment D -References
h) Attachment E -Conflict ofInterest Questionnaire Form
i) Attachment F -Signed Acknowledgement Farrar
j) Appendices may be used for additional documentation or clarification at the
respondent's option,
5. l4ard COPY Submittals shall include one (1) original signed by an, offitcer authorized to bind
the firm, and three (3) copies of the conipleted response.
FFB 6980 - Main Docujiient Page 7 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City of Denton
'I FB 69,80
6Submit response, before the published due date. Hard copy submittals must be in a sealed
envelope with, the solicitation number and name,
b. Electronic Submission Requirements
All respondents shall submit th format, for
Uick tabulation of resin ts.'The electronic pricing sheet must be received regardless of the niethod
chosen by the proposer to submit (hard copy or electronic). Van respondent is only submitting as hard
copy, they shall provide as flash drive, containing as complete copy of the response to this solicitation,
01- Submit electronically to ebjds@cityofdenton.com. Please consolidate attachments as much as
possible, and do not exceed 351 total for attachments. Please do not email the buyer directly to
ensure security of the proposal
I&EVALUATION PROCEDURES
Selection ofa firm(s) to provide the aforementioned materials and set -vices shall be in accordance
Nvith the City of Denton Purchasing Policies and procedures and the State of Texas Local
Government Code Chapter 252043�, The City of Dentlon shall evaluate each SUbi-nission utilizing tile
'following process:
Step 1: A public opening will be conducted. Responses will be read aloud thirty minutes after
the opening time and date pLiblished on the coversheet-
Step 2:'rhe City of Denton will evaluate the submissions in accordance with the mininium
qualifications and adherence to the speciFications.
Step 3.Upon selection of the lowest responsible respondent meeting the specifications,, a written
recommendation will be presented to the appropriate approving authority ror the City of
Denton (the City Manager, Public Utility Board, City Council) requesting authorization
to proceed with contract, eXeCLItiOn for the proposed services.
MCONTACTBETWEEN RESPONDENT AND THE CITY
,Respondents shall direct all inquiries and communications concerning this, solicitation to the Point
of Corntact(s) listed below:
SLIZZC11 Strornan,
Buyer
901-B Texas Street
Denton,]"'X 76209
(940) 3 4-9- 7 100
Fax: (940) 293-1837
st,izzcn,stron a
*"* Please do not email the buyer the final proposal unless requested afler the due date and time
published on the coversheet. A proposal should be ernailed to ebids@cityofdenton.corn
TFB 6990 - Mtdn Docturrient Page 8 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City of Dentolt
1FB 6990
SOUCITATIMN CHECKLIST
Check
Wiley) II ask to be Completed spondent
minleted
Exhibit I - P,ri�cii sltieK(:,
Review Exhibit 2 - General Provisions and'Terms and Condition
. . ...........
Review Exhibit 3 - Sc Work/Technical S ecifications
. ........................
Review Exhibit 4 "Fechnical Di
awincrs and Plans
. . ............... -.-I, .. . . ........ . . .... .. . . ..... --=L-n= -- .... ..
Review Exhibit 5 Technical Drawinas and Plans
1--,---..-- ... .......... . . . . . . . . ....... .............
Cover sheet
-�e-. . . . ........ . .... inr
.......... . . .... . . ...... ... . . . . ............ . ........
Solicitation nalne
rm name
. . . . ........... . ..... - I'll 1-11-11--- . m . . . .......... .
Firm address
." . . . ........ . .
Contact name
C,q.11:t
-4�t One
— — — ---- --- - ---------- - - ----
Contact Fa , x , We site address
Contact email address
Solicitation Checklist
A
. . ....... . ltachment A- Business Overview Q aire
Docunient how fign, insets minim uni qualifications In Section 3
. . . . . ..........
Attachnicil B - Exec I on 'orrn
P F
Attaclu-neqC - S'afet
,�Jecqrd Qq,qioylnaire (if
Attachment D Reference Form
Attachment E Conflict of interest Questionnaire Forni- with si
Attachment F - AcknoNvledgnlient
AcknoN�,Iedanlent of Addenda
SUbmi io i _�y.�Luthor 4_2ff�icc i th�,2qt giecified, below
�njjgiwd _ _j, �i_ �L5 -.1- ....... -- . --.— -
Hard CL o Y —Submission! If SUbmiffing a hard copy. the City requires one (1) origa inal nd
three (3) coliies., with the pricing Shcet SUbmitted dectronically in excel or emailcd in excel
to lewd dPmwmyu aii, watcrnw.ccaiiw with the solicitation H and name in the subject line.
Electronic Submission: If subMitting ail electronic proFiosal only, email to
Corn with the solicitation it and name in the su�jcct linc, 'rhe pricing
sheet (Exhibit 1) must be in excel format. ....... ..... . . ....... .......... . ...
JFB 6980 - Main Document Page 9 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
Cir,%, of Deraon
I FB 6980
Submit response, with, tabs inair king each section, in the following order:
AI' TACHMENTA-BLISINESS OVERVIEW QUESTIONNAIRE AND: FORMS
1, Contract Information (for formal contracting purposes):
7he.lb1lou,ing iqlbrinalion svill be usetl lo wrile a contrad, shonklyow-firin be selecledfi)r
ai,vald.
i
Firrifs Legal Name: Watts Ellison LLC. DBA D&D CommerciaMLl Landscape -anagernent
a Address: 9076 Forest I.,ane Dallas TX 75243
* Agent Authorized to sign contract (Narne)Dave Myers
0 Agent's email address,: dave@ddrnowing.corn
2. Subsidiary of N/A
3. Check the appropriate Organization Class and provide proof of registration as indicated below.
--.----Sole Proprietorship — COUnty Assumed Narne Certificate
Pailnership — County Assumed Name Certil'icate
__—Corporation — Secretary of State Certificate of Registration
V I/ Limited Liability Companies (1.11,C) — Secretary of State Certificate of Re�gistration
Partnership (1,P) — Secretary of State Certificate of Registration
. ........... . .. .. . imited I.JabilityPannership (LLP) — Secretary of State Certificate of Registration
. .. . .. ....................... . .... -Foreign Entity --- Secretary of State Certificate of Registration
4. Tax Payer ID,8:26-2959832
5, Date Established: 2007
6. Historically Underutilized Business: Yes oi(NDo
7. Does your -npany have an established physical presence in the State ofTexas, or the City of
De Yes r Non w , ihich?
8. please provide a detailed listing of all products and/or services that your company provides.
A] I aspects of landscape installation,, maintenance.
All aspects of in-igation installation and maintenance
IF B 6980 - Main Document Page 10 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
9I'las, your company filed or been named in any litigation involving your company and the
Owner on a contract within the last five years under your current cornpany name or any other
cornpany name? If so provide details of the issues and resolution if available, InClUde lawsu its
where Owner was involvcd. (Notice: T'aflure to disclose this Hiffirmation during proposal
submission, arid later discovered, may result in contract termination at the Owner's option.)
W
10. I'lave You ever deflMlIted on or thiledto complete a contract under your current conipany
nanic or any other company name? If so, where and why? Give nwrie and telephone nUmber
of Owner No
1, Have you ever had a, contract terminated by the Owner? If so, where and why? Givenanie
and telephone number (s) of Owner (s),
Bridgewater HOA, Richardson Tx. Due to management change — contact ;terra Abernathy
9'72-43-2850
t2, - Flas your company iinpleniented an Employee Health and Safety Program compliant with 29
CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction
Standards" as they apply to your Company's customary activities? Yes
lit tp,/6y�lv Seal-c-il
4n, 11 11 11-1-111,111, -- - ---------------- - -- --- . . .......... lr riw°ate........ . .......... --- - ------------ - -- --- S
liev pj�, (11 ,�� 9fit,
t,
111-- --- - .. 1-1-----------.--.-- ..
13. Resident/Non-Resident Bidder Dee erm i nation:
Texas Government Code Section 2252,.002: Non-resident bidders. Texas law prohibits cities
and other governmental units ftom awarding contracts to a non-resident fir M Unless the
ainount of SUch a bid is lower than the lowest bid by a, "Texas, resident by the amount the"Texas
resident would be required to underbid in the non-resident bidders" state, In order to make
this determination, please provide the qaqj,address and -phone ! jLi,rnher of
a.- Respondiflg firms principle place of business:
91076 Forest Lane, Dallas Texas 75243
b. Company's majority owner principle place of business:
90:76 Forest t,ane, Dallas Texas 75243
IF-B 6980 - Main Docunient P�,Ige I I of t 9
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
CitY of Deri ton
�FB 69'80
c. Ultin'lateParent Company's principle place of business:
9'076 Forest Lane, Dallas Texas 75241
14, Provide details on how firni run is the
document Section 3.
a. The details must be completed on this, form, and shall not point to another docurncnt
ln the respondent's proposal.
b. Sign below and MUI-11 f01-111 With final Submission.
We, have our own municipal maintenance department that delivers a service in, a safe, efficient
manner with the quality OLIT'Clieruts expect- D&D' understands that conin'lUnication is the key to a
successful partnership, Daily schedule updates are a necessity to inform the city's contract
administrator of'progress or schedUIC changes, We Understand that Ultimately the residents, of your
community are the customer, and as tax payers they can be very dernanding. Having a schedule that
IS UP to date is infoi-mation that is needed on a daily basis to respond to questions and concerns of
YOUT COMMUnity,
Our equipment is carry ant, no rnower is o,lde:r than 3 years, no hand equipment is older than 2 years,
All trucks are tracked via satellite, All crews have an English speaking, foreman and is in contact
with nianagernent at all times.
The equipment and uniforms used in Our municipal department are suited to right of way safety.
Mulch kits on all 6 1" rnowers help rniturnize damage to passing vehicles. Safety vests, amber
strobes, on trucks and mowers, cone androad signage are all standard equipment.
IFB 6980 - Main, Doconient Page 12 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
CRN of Denton
i�--B 6980
1. ceitify that o�tr/`irm me is the minimum qUa.fifications as stated in this Win docunieryt, sectlon 3.
DDCoymnercial Landsgypg iagement
..........
ignature Ile
7—Tlgi',Wllturc y Va I c
IF3 6980 - Main Document Page 13 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City of Dcrami
JFB 6980
ATrACHMENTIB-SUBMISSION EXCEPTIONS
An exceptions, or clarifications taken to this solicitation (inn cludirig terins and conditions in
Exhibit 2, the General Provisions and Terms and Conditions) must be itemized on the lines
below, Additional pages may be added as needed. If there are no exceptions or clarifications,
please sign where, indicated ,it the bottorn ofthe page.
Item 9 Description
uw above exceptions or clarifi cations (and any additional pages identified) are the ONLY exceptions
to the specifications, General Prolvisions and Terms and Conditions in Exhibit 2, and sample contract
to this solicitation. I understand that the City may not accept additional exceptions prodUced after
final Stibinission ofthis proposal.
Signature collipally Mite
No, Exception are taken to this solicitation or the General Provisions and Ternis
and Condit' ns in Exhibit I
DD Conmierdl Landsca q . . ........ .
Signature
compully Mae
I FB 698b - Maiti DOCLU11CLIA Page 14 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City of'Denton
IFB 6980
ATTACHMENT C-SAFETY RECORD QUESTIONNAIRE
The City of Denton desircs to avail itself of the benefits of Section, 252,0435 of the 1-ocal Governnient CIode,
Wid consider the safety records of potential contractors prior to award of" City contracts. Pursuant to Section
252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and
criteria FUT accurately dacrinining the safety record of a, respondent prior- to awarding City contracts.
The, definition and, criteria for determining the safety record of a respondei-It for this consideration shall bc:
The City of Denton shall consider the safety record of the respondent in, determining the responsibility
thereof The City may consider any incidence involving worker safety or safety of the citizens of the
City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any
other cause or factor. Specifically, the City may consider, aniong other things -
a. Complaints to, or final orders entered by, the Occupational Safetymid Health Review
Coni,mission (ORTRC), against the respondent for violations of OSHA regulations
within the past three (3) years.
Citations (as defined below) from an Environmental Protection Agency (as defined
below) for violations within the past five (5) years. Environmental Prolection,
Agencies inclu&, but are not necessarily limited to, the 1J.S. Army Corps of
Engincers (USACOE), the U.S. Fish and, Wildlife Service (USMS), thc
Environmental Protection Agency (EPA), the Temas CoinniIssion on Environmental
Quality (TCEQ), the 'Texas Natural Resource Conservation Conarnission (TN-P,(.C)
(predecessor to the T CEQ)�, the'l"exas Department of Health (TDH), theTexas Parks
and Wildlife Department (T]"WD), the Structural Post Control Board (;PCB),
agencies of local governnients responsible for enforcing environmental protection or
worker safety related lams or regulations, and similar rcgLflatcr, agencies of other
states of the United States, Citations inChidc notices of violation, notices of
enforcenient, suspension/revocations of state or federal licenses or registrations, fines
assessed, pending crimirtal complaints, indictments. or convictions,, administrative
orders, draft orders, final orders, an'djudicial final.judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted HI
bodily harin or death,
d. Any other safety related matter deemed by the City Council to be material in
determining the responsibility of the respondent and his or her ability to perforril the
services or goods required by the solicitation dOCUITIC31115 in a safe environment, both
for the workers and other employees of respondent and the citizens of the City of
Denton.
In order to obtain proper information froni respondents so that City of Denton may consider the safety
records, of potential contractors prior to a%varding bids on City contracts, City of Denton requires that
respondents answer the following three (3) questions and submit there with their submissions:
UESTION ONE
[FB (5980 - Main Doctunent Page t5 of,19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City OrDentoll
IFB 6980
Has the respondent, or the firm, corporation, partnership, or institution represented by the respondnet, or
anyone actinf0i such firni, corporation, partnership or institution, received citations, for violations of OSH A
g
within the past three (3) years?
Y ES N 0—...-
if dw respondent has indicated YES lor question BUmber one above, the respondent must provide to City of
Denton, with its submission, the following information wifli respect to each such citation:
Date of offiense, tocation of establishment kispected, category of off-ense, final disposition of Abuse, if any,
and pc malty assessed.
QLLSTIONTWO
Has the respondent, or the firm,, corporation, partnership, or institution represented by the respondent, or
anyone acting for suet" Finn, corporation, partnership or institution, received citations for violations of
environrnental protection laws or regulations,, of any kind or type., within the: past five years? Citations include
notice of violation, notice of enforcernCnt, SUSPensi . on/revocations of state or fcderal licenses, or registrations,
fines assessed, pcnding crirninal cornplaints, indictments, or convictions, administrative orders, draft orders,
final orders, and judicial flnal jiudgnients,
YES
If the respondent has indicated YES for question number two above, the respondent must provide to City of
Denton. with its submission. the following information Nvi,tb respect to each such conviction:
Date of offense car occurrence, tocatio n where OffC11SC Occurred, type of offense, rinal disposition of offense, if
any, and penalty assessed,.
9!LKMQ-N��
Has,, the respondent, or the hrm, corporation, partnership, or institution represented by respondent, or anN70ne
acting for such firm, corporation, partnership, or institution, ever been convicted. within the past ten, (1, 0) years,
of a criminal offense which resulted ill Serious bodily ii*n-y or death'?
YES
If the respondent has indicated, YES for qLIC0011 number three above, the respondent must provide to City of
Denton, with its submission, the following inforniation with respect to each such conviction:
l ate of offense, location where offense occurred., type of offensc, Rim] disposition of offense, if any, and
penalty assessed.
IFB 6980 - Main Doctunciii. Page 16 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City of Denton
T ^B 6980
ATTACHMENT D-REFERENCES
Please list three (3) Governmem ref� rmces., other than the City of Denton, who can verify di c quality of scn,,ice
your company provides. ']'he City prefers customers of similar size and scope of work, to tbis solicilation.
REFERENCE ONE
GOVERNMENUCOMPANY NAME: The City ol'Smigu
LOCA"HON: SansgerTeNas,.- — --------
CONTACTPERSON AND TITLE: Jaines Berman -- Director of Parks and Rec
TELEPHONE NUMBET — — - - -----
SCOPE OF WORK: Mowing RO,W's, and flarks_,
CONTRACT PERIOD-.2015 - Cm -rent . .....
RFIZERENCE TWO
GOVERNMENUCOMPANY NAME: The City of Corintli
LOCATIONT Corinth'Texas—, .. . . . . .......... — . ... .....
CON,rACTPERSON ANDTITLE: Cody Collier - Director of Public Works
'17ELLEPI-IONE NUMT3ER: 940-498-75 10
SCOPE OF WORK: Mowing Medians , Row's, Facilities and Parks,____
CONTRAcT PERIOD� 2016 - Current
RE FERENCIETHRE E
GOVERNMENT/COMPANY NAMI": The City of Roy wlett
CONTAC'TPERSON AND TITLE: Jonalha.n.Ferguson - Pqti(s Supervisor
TELEPHONE NUMBER� 972.4116282,_
SCOPE OF WC RK� Mowing Mections, Row's, Drainage and Facilities
CNTRACTPER,IOD:2017-('i,irrciil--.—
IFB 6980 - Main'Document Page l7of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
CiN of Denton
iFB 6980
ATTACHMENTE-CONFLICT OF INTEREST QUESTIONNAIRE
CONFLi(,,,r OF INTERESI'QUES] I IONNAIRE
Forvendor or other verson doin2 business with local L'overnmental e
`J"hiq questionnaire reflects cluinges made to the law by MB. 23, 84th Leg, Regular ession
FO�RM C�IQ
This questionnaire is being filed in accordance with Chapter 176, Local Governinant Code, by a vcndot° who hasa buy sixiess relationshipas
defined by Seclion 17'6.001(1-a) with as local goveromental enlity arid dic vendor inects requirements mider Section 176.006(a).
By law this queslionnaire must be filed with aic records admhOstnator of the local government entity not later Itian the 7111 business day, after
the clate the vendor becomes ,aNvare or fiOs (:haul require the stafenicrif to be riled. See Section 176.006(a-l), Local Govuranem Code,
A vendor coniniiis u offense if Me'vendor lmo%viiigly violales Section 176.006, Local Goverruriew Code. An offense under this sectiori is
--- TNm-- .. ..... ... ........... .. . . ......... .. . ......
me .1'vendor who has a business relationship Aiffi local goveriumeotal enflty
Oie& thins box if you are filing an update to a previously riled questionnaire.
('1Ira; law requircs flea You file wi updatud complQWd quesfionuairc vvitb 0)e appropriate fifing authoril'.), nol 1rilcr flmn flic 7'r' business day alter flic
dale on %viiich vou becanicaware ttial Iliciorigimflly filed oticsfionnatre ",as i1100illfflele OF 61aQciAra1C.')
Naine of local govermuent officer about whom the information in fifls secti ra is being disclorsed.
0ITjeer
TIm section, (item 3 induding subpam A, B, C & 1)), imust be cornl-fleted k)r ead'i officer vvitli wliom die vendor Iias an ernployment or otlier business relafiomdiip
as defined by Section 176,00 l(l -a), 11-(xA Govermilent Code. A(W6 addifional pages to this Form CJQ, as reevssary,
A, Is Ilie local governitimfl, offitcer namcd in fliiswciion receiving or likely lo receive taxable iimrinc, offier flian mvcmment incorne, fi-on), the vendor?
[::] Yes E]Ncp
13, Is ffic imidor receiving or likely tco receive fixable inoorne, other than investruent inconie, frorn oral tbe direction ofibe local governmeni officer
manned in tkxis scclioji AND the taNable income is not received fi'OTII Olt local g0VCFa1)1CF1k1l1 C11fit.y'?'
Ej Yes E-INo
C. Is 1150 tiles' oftbis qu"fiormaire employed by a corporation Or offier business eniky with respect to Which fl'le laical g,,,jjjjjje,t officer serves a,,, an
offiwer or director, or tiolds an owim-sbip rA' orm percent mcmc?
F7yc.,,, = No
D, Describe eacli employment or busincss rail fmnily mlationsbip %vidi f1w local governrimt officer named in ihs sectRAL
I have no Coliffict tor Intewes't
Signature of vendor doTng
flic govermnental enfik,
Dale
IF B 6980 - MaijAmunient Page 18 of 19
DocuSign Envelope ID: 9FEA1 EOD-EEA8-483D-A3F9-25C74DC6OB66
City or Denton
11713 6980
ATTACHMENT F-ACKNOWLEDGEMENT
"I'lie unclersignedagrees this submission bccomcs the property of the City of Denton after the official opening.
The undersig)ied affirms lie has familiarized himself with die specification, dramrings, exhibits and otherdocurnems; the
local coudifions Linder which the work is to be perforined. %itisfied himsell'of the conditions of delivery, handling and
storage of materials and equipment, and all other matters that vdll be required for the, work before SUbmitt, ing a response;.
"t-he'undcrsigned ag recs, if INs submission is accepted, to furnisli any and all items/scii4ccs upon which prices arc offered,
at the price(s) and upon (lie terms and conditions contaitied in the specificalion. 'fhe period ftn- acceptance of this
stibmission, Nvill be f 20 calendar days unless as different period is noted.
The undersigned affirms that they are dulyauthorized to execute this comntct, that this subinission has not beef) prepared
63 collusion with any other respandent, nor any employee of Ilic, City of Denton, and that the contents of this submission
have riot been communicated to any other resporident or to any employee or the City of Denton prior to the acceptaricc of
ibis submission.
lZespondent hereby assigns to the City any mid ati, clainis for overcharges associated with this, contract which arise under
the antitrust laws of the United Stales, t5 USCA Section I get seq., and which arise under the arriftrust Laws ofilic State of
11'e.N,as, "I'ex. Bus, & Coma Code, Section 15,01, el S
]'lie undersigned affin'ris that they have read and do understand the specifications, all exhibits atid attachments contained
in t1lis Solicitation pachage.
Tic undersigned ag I ),ccs that the solicitation jmckagc posted on the %vcbsitc arc the official specifications and shall Dol alter
the electronic copy of the specifications andJor pricing sheet (Exhibit 1), without clearly identifying clia,11ges.
The undersigned Ulidcrstands the), will be responsible for monitoring the City of Denton Purchasing Wcbsitc a[:
to ensure they have downloaded and signed all addendum(s) required
---------------
fbr subaiission wilh flicir response,
I cert ify that fhave rnade no will Fill misrepresentations in this submission, nor have f withlield information in my, statements
and atisivers to questions, I ain mare that the information given by me in diis, submission will he investigated, with my
fiAll permission, and that any Inimprcscillations or anussions may cause iny submission to be re ected.
J
Acknowledge receipt of fbllowin�ll addenda to the solicitation,:
Addekkun No I Dated
Addenduin No 2 Dated
Addendain No I Dated
Receivocl
Received
Received
NAME AN D ADDRESS OF COMPANY:
-cwrovqr_114X�)�,,50 exxr�-
......... . .............. . . .......... -- .... . ............... . -
`-r emS
To 1, No.
Emai I
Nanic
Title
Fa\ No.
11713, 6990 - Main Document Page 19 of 19
DocuSign Envelope ID: 9FEA1 E0D-EEA8-483D-A3F9-25C74DC60B66
" �s
MAKE
MODEL
MODEL #
YEAR
SCAG
CHEETAH 61"
SCZ 61V 31FX
2018
SCAG
CHEETAH 61"
SCZ 61V 31FX
2018
SCAG
CHEETAH 61"
SCZ 61V 31FX
2018
SCAG
CHEETAH 61"
SCZ 6,1V 31FX
2018
SCAG
CHEETAH 61""
SCZ 61V 31FX
2018
SCAG
CHEETAH 61"°
SCZ 611V 31FX
2018
STIHL
BLOWER
BR60�0
2019
STIHL
BLOWER
BR60�0
2019
STIHL
BLOWER
BR60�0
2019
STIHL
BLOWER
BR600
2019
STIHL
BLOWER
BR600
2019
STIHL
BLOWER
BR600
2019,
STIHL
EDGER
FC 911
2018
STIHL
EDGER
F'C 91
2018
STIHL
EDGER
FC 91
2018
STIHL
EDGER
FC 91
2018
STIFI L
VW°EEDEATER
FS 911R
2019
STIHL
WEEDEATE'R
FS 9111
2019.
STIFIL
WEEDEATIER
FS 91R
2019
5TIHL
WEEDEATER
FS 91.R
2019
STIHL
WEEDEAT'ER
FS 91R
2019'
STIHL
WEEDEATIER
FS 91R
2019
FORD
TRUCK
F450
2018
FORD
TRUCK
F250
2015
FORD
TRUCK
F250
2015
BIG TEX
TRAILER
2015
BIG TEX
TRAILER
2015
x
x
w
pal
:A
W
rl Q
00
co
x LL
W
6
N
OO
o
00
00O
OO
U
O
0O
U
o
oo
o
m
f6 W
m
n
m
Lr
c-i
N
tv)
oo
oo
C
Q
L �
a
o
0
0
U
0
0
0
0
o
0
o
H U >,
rn
cri
rn
^
.�
o
oo
O— Y
m
cq
o
N
fn
Gl
Q z
o
o
o
o
o
o
o
o
o
o
O
O c
U�
O
# N
G1
a U
Q
w
rn
W
m
m
m
m
ti
n
m
m
a
a
Q
un
c
un
c
un
c
un
c
u
o
o
o
o
o
>
o
>
o
o
U
E o
zo
E o
zo
E o
zo
E o
zo
?
.,
?
.,
Gl
C
C
C
C
U
U
LL
C C
v
C C
v
C C
v
t
C C
N
v
v E
o o
o o
o o
E o o
U
U v
>
v m m
a
m
v m m
a
m
v m m
a
m
o
v m m
a
to
a
o
a z
c
c
c
c
c
on
on
on
on
on
c
c
c
c
c
w
w
w
w
w
on
on
on
on
Uon
.>
G1
E
E
E
E
E
>
H
>
H
>
H
>
>
H
>
H
o
0
E
>
0
E
>
o
E
m
o
E
0
E
>
o
E
w�
w�
wo
wo
wo
>
E
E
E
Eot
E
v�
v�
vY
�
vY
�
�Not
o
�
o
�
o
�
o
�
o
�
o
o
o
o
o
o
0
0
o
o
o
vot
c
a
°
v
o —
o
o
>
v
r o
r
a
N
u
�°
0�
v o
v v
m
o
m
E
oo
v
v
= Y
2
"'
Y
m un
m un
E
O
w
0
p
?
o
o
u
Y
�?
E
E c
Y
O
i
o
o'
.E
Y
o
U
.a w
in
E "-'
in
E "-'
> U
d
N
O N
O N
E
7 Y
y
oo
9�;
K O
w N
U
w N
U
w
a
N U
'-
o
cca
o
cc a
o v
t0 a
o
r
.-.
v
m om.
d o
N Jo
�
U
O
o o
c U
o o v
c U c
w
7
7
ZO
0
m
2 0
2 0 0
V
a
V
_
L
F
Ln
0
0
O
y
00
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O U
O
O
O
O
O
O
O
O
O
O
O
O
U
0
O
0
O
0
0
00
0
a
0
rn
,,.�
rn
o
0
rn
vi
0
m
vi
rn
0
0
i6 Gl
rn
in
'
rn
G�
in
cq
V}
c-i
t0
m
N
oo
O
C
�
Q
W U
O
O
O
O
O
O
O
O
O
O
O
O
O U
o
o
o
o
o
y U >1
.2
O
O
tp
O
N
oo
m
m
O
O�
m
m
m
m
ci
m
(V
tp
O
°�
m
N
fn
G1
Q z
O
o
O
O
O
o
O
O
O
O
O
O
O
O
O
0
O
O
O
0oo
O
O
O
O
O
O
O
O
U
0
C
o
N
ai
�Il
o
N
rn
ci
�Il
rn
ci
�Il
rn
ci
�Il
rn
ci
�Il
O c
U�
6
# N
N
O
O
O
O
O
�I1
�U
Q
w
rn
`%
N
N
ci
ci
ci
ci
ti
ti
w
n
n
m
m
oo
oo
U
Q
on
c
c
on
c
on
c
c
v
E
on
c
c
v
E
on
c
c
^
v
E
ro
o
E
ro
o
E
o
o
o
O oo
>
O oo
>
O
O
O
O
O
O
u
>
E o
zo
?
?
E o
zo
E o
z
E o
z
E o
z
yO
U
C
O
t
u
u
U
O C
O C
O C
O C
-6
N N
N N
N N
N N
LL
v
3 v
°1
Ou
°1
3 v
3 v
3 v
3 v
w E
v E
mc
m
m
m
v
v
c
a
'
o o
�a
'o
o ov
o ov
o ov
o o
o
z
a zo
m2
c
on
c
w
c
on
c
w
on
c
on
c
w
on
c
on
c
w
on
c
on
c
w
on
c
on
c
w
on
c
on
c
w
on
Uon
G1
N
>
H
>
H
>
H
>
H
>
H
>
H
>
H
O
E>
E>
E>
E>
E>
E>
Eo
_
_
w
`Y
w
w
v
v
E
v
v
v
v
E
v
c
c
c
c
ro
on �
ro
on �
ro
—
on �
ro
—
on �
ro
—
on �
ro
—
on �
—
c N
c N
c N
c N
c N
c N
c N
3
3
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
0
9
O
E
v°
�
O
i
oo
^
m
U
O
>
cc
-o
m N
m J
o
U
i
c
E on
E
oo
C
0
?
o m
w
O Y
>
U
O
^ C
CO
m
o
cc
J
E
U
Y
d bA
U�yl sv+
M
N
O
O
�
of -o
of w
f0
3
m
N
W
W
O
c
3
c
Y vi Y
u o
E
0
o
?
o
L
o
o
oo
>•
-o
m
c
w i o
'
W
W
o .,
m
O
U
N
} v
a `Y oo
v
a
w
ti
c -o
s w
•� v
v
on
O
o
Y
m ro
u H
ccIn
LL m
=
2
F
U
LL' CC
2 0
V
yoo
rn
0
cc
ti
ti
ti
—
0
to
O
y
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
0 U
O
O
O
O
O
O
O
O
O
O
�rl
O
(� •j
O
10
O
't
O
'
0
0
't
0
O
ci
Lri
t0
N
O
oo
O
oo
O
N
O
N
O
O
N
ci
O
�I1
L
W
Lr
oc
oo
N
O
N
O�
oo
n
m
oo
O
O
N
N
�I1
N
ci
tp
tp
c-i
N
C
Q
L 0
w U
6 a >
o
o
o
o
0
U
O
O
O
O
o
o
o
o
0
o
O
o
O
y U >1
o
oo
c6
^
`�
C
t0
(V
oo
O
^
O
0
fn
Gl
Q Z
O
O
O
O
O
O
O
O
O
o
O
o
o
o
O
O
d°`
O
O
O
O
O
O
O
O
O
O
O
O
ci
rn
.�
�n
rn
.�
�n
rn
.�
�n
rn
.�
�n
o
�o
a
o
m
o
m
vi
oo
0 c
U�
0
# N
O
O
O
O
O
O
O
� U
Q
w
rn
N
N
N
N
O
O
N
N
oo
oo
m
O
O
ci
ci
O
O
N
ci
U
Q
on
c
on
v
E
E
on
c
on
v
E
E
on
c
v
E
E
on
c
on
v
E
E
on
c
v
9
on
c
v
9
on
c
v
9
on
c
o
v
9
c o
o
c o
o
c o
c o
c o
o
c o
c o
c o
c o
c o
c o
c
c o
>
3
o
>
o
3
o
>
o
3
o
>
o
3
o
>
o
3
o
w
>
3
o
w
>
3
o
w
>
3,
o
w
>
u
E o
z
E o
z
E o
z
E o
z
E o
E o
E o
E o
z°
z°
z°
z°
g
v
g
v
g
v
g
v
g
v
g
v
g
v
g
LL
v 3
s
v 3
s
v 3
s
v 3
s
v 3
s
v 3
s
v 3
s
v 3
s
o
v
v
o
o
v
v
o
o
v
v
v
v
v
v
v
v
v
v
v
v
Eo o
oo
E o o
E o o
E o o
E o o
E o o
E o o
E o o
m- m
m- ° m
m- m- °
a
m
a
m
a
m
a
'coa
m
a
m
a
m
a
to
c
on
c
w
c
on
c
w
on
c
on
c
w
on
c
on
c
w
on
c
on
c
w
on
c
on
c
w
on
c
on
c
w
on
c
on
c
w
on
Uon
G1
>
H
>
H
>
H
>
H
>
H
>
H
>
H
>
H
o
E>
E>
E>
E>
E>
E>
E>
E
W
_
_
_
_
_
_
`Y
w
`Y
w
`Y
o
w
`Y
w
`Y
w
`Y
w
`Y
w
E
v
E
v
E
°1
v
°1
E
-o °1
v
°1
E
-o °1
v
°1
E
-o °1
v
°1
E
v
E
v
ro
—
c N
c N
c N
c N
c N
c N
c N
c N
9
o 9
9
0 9
9
0 9
9
0 9
9
0 9
9
0 9
9
0 9
9
0 9
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
N
O
o
O
oo
Y
O
6
U
v
U
>
w
-o
o O
Y N
ON
?
o
� vo
N
m
u
3
E u >
o Y v
v
9
o
c
E
E z
t o
v
w
v c
m
p
o
o
c E
U
m ON
Y
w
ro
y
0 9
O
0
c
c o
v
p` 3
W
w co ±o
w e
ba O
in
J
w _
w>
o Y
E
Y 6
v v
c
ao
m a
F ..
U
H v
U
o v
Y
o
t0 O
ti
ti°
ti
o 0
.�
^ o
O
n
�p
o o
ni
rl u a
m m
m
m .�
y =o
= -o
`w o
a
in v
m
�o v
m ro rn
o o
LL
V
O.
F
{n
N
O
y
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
OO
O
O�Nfl
O=
•W
(_f�C
O
O
O
O
O
q
O
O
O
O
O
O
O
ci
O
O
O
O
m
o
lf�
O
O
O
if
O
O
m
tp
oo
oo
^
C
Q
L U
w U
6 d �'
U
o
O
o
o
O
o
o
O
o
o
�n
o
o
o
o
o
o
o
O
o
o
O
o
Gl
y U >1
O
O
O
O
O
N
O
O
O
O
O
O
O
C
O
O
O Me
N
�y
�
�y
I�
N
�I1
ci
�
�y
N
LI1
m
LI1
m
I�
�
�
m
N
oo
�
U
U
O
O
O
O
O
O
O
O
O
O
O
O
U
Q
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
�O
O
O
O
O
O
O
O
O
O
O
p
O
O
ON
00
�
C
n
�
m
m
N
m
N
�
a U
oo
O
No
U
O
# u)
�I1
O
O
O
ci
m
ci
m
ci
N
ci
N
ci
N
ci
N
ci
N
ci
N
ci
m
rU
Q
w
f6
o
o
U
O
O
O
O
O
O
O
O
Q
ou
c
c o
`o
v
E
ou
c
c o
v
E
ou
c
c o
v
E
ou
c
c o
v
E
ou
c
c o
v
E
ou
c
c o
v
E
ou
c
c o
v
E
ou
c
c o
v
E
ou
c
c o
v
o`n
>
3 o`n
>
3 o`n
>
3 o`n
>
3 o`n
>
3 o`n
>
3 o`n
>
>
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
U
z
E o
z
E o
z
E o
z
E o
z
E o
z
E o
z
E o
z
E o
z
E o
W
c
c
c
c
c
c
c
c
c
a
N
Y T
�
Y
LL
Y
v 3
s
v 3
s
v 3
s
v 3
s
v 3
s
v 3
s
v 3
s
v 3
s
v 3
o
v
'° o
v
'° o
v
'° o
v
'° o
v
'° o
v
'° o
v
'° o
v
o
E o o
v
o
E o o
v
o
E o o
v
o
E o o
v
o
E o o
v
o
E o o
v
o
E o o
v
o
E o o
v
E o 0
c
f0
c
on
c
on
c
c
on
c
on
c
c
on
c
on
c
c
on
c
on
c
c
on
c
on
c
c
on
c
on
c
c
on
c
on
c
c
on
c
on
c
Uon
E
—
E
—
E
—
E
—
E
—
E
—
E
—
E
—
>
H
>
H
>
H
>
H
>
H
>
H
>
H
>
H
>
O
O—
O—
E
O—
E
O—
E
O—
E
O—
E
O—
E
O—
E
O—
E
O
E
w
E >
v
- >
v
- >
v
- >
v
- >
v
- >
v
- >
v
- >
v
- >
v
E
`Y
w
`Y
w
`Y
w
`Y
w
`Y
w
`Y
w
`Y
w
`Y
.O A
E
v
Y
E
v
Y
E
v
Y
E
v
Y
E
v
Y
E
v
Y
E
v
Y
E
v
Y
v
Y
—
v v
v
o v
v
o v
v
o v
v
o v
v
o v
v
o v
v
o v
v
o v
v
n
3 0
0
o
o
o
o
o
o
2 0
o
2 0
o
2 0
o
2 0
o
2 0
0
0
c
u
.20
9
`
o
OE
w tm
om
YE
O
0
O
E
O
0)
c
o ou
o
C
O
O
09 v
U
w
pE
O z
O
UO
U
y O
w
m
o
0
10 1E
u
c
•m v
3
O
Lou
w
oo
>
9
o
m 0
o
O
m
w^
o
o
N N
m
c
AD
N 6
N
a
rl
zcc
°
v�-2
a
a` �:
3: o
oo
O
O U
U
O
OO
o
O
0
O
0
O
0
0
0
0
0
0
O
0
O
0
O
o
O
cri
N
�00
^
m
O
O
O
oc
N
N
00
oc�
oo
C
Q
L �
w U
O y U
O
0
0
0
0
0
O
0
O
0
0
0
0
of
y U_ A
W
0
O
o6
O
O
O;
ON
O
00
O
O
ON
C;
�
�
O
O
O
O
O
O
O
O
O
O
O
O
O
U
Q Z
O
O
N
O
O
N
O
00
�I1
O
O
O
O
N
O
O
O
O
N
O
O
O
O
N
O
O
N
O
O
tp
O
O
oo
O
O
tp
N o
V
O
# N
i5
�I1
O
�I1
�I1
�I1
�I1
�I1
�I1
�I1
O
�I1
O
�I1
�
ci
m
ci
N
ci
N
ci
N
ci
m
ci
m
ci
rU
Q
w
O
O
O
O
U
Q
ti
O
O
.ti
ti
ti
ti
ti
ti
O
O
v
E
on
O
c o
v
E
on
O
c o
v
E
on
O
c o
v
E
on
O
c o
v
E
on
O
c o
v
E
on
O
c o
v
E
O
O o
O
O o
O
O o
O
O o
O
O o
O
O o
o
u
z
E o
Z
E o
Z
E o
Z
E o
Z
E o
Z
E o
z
LL
v
O
v
O
v
O
v
O
v
O
v
O
v
o o
v
o o
v
Y
o o
v
Y
o o
v
Y
o o
v N
Y
p p
v
Y
m
a N N
m
a N N
m
a N N
m
a N N
m
a N N
m
a N N
m
w
U
c
on
c
w
c
on
c
w
c
on
c
w
c
on
c
w
c
on
c
w
c
on
c
w
c
on
c
w
W
on
on
on
on
on
on
on
>
fn
E
H
>
E
H
>
E
H
>
E
H
>
E
H
>
E
H
>
E
H
O v°
p
on >
E>
E
on >
E>
E
on >
E>
E
on >
E>
E
on >
E>
E
on >
E>
E
on
E>
O N
G1
p Q
v
Y
v
Y
v
Y
v
Y
v
Y
v
Y
U m
w E
w E
w E
w E
w E
w E
w E
i6
0 9
9
0 9
9
0 9
9
0 9
9
0 9
9
0 9
9
0 9
v
n
0
0
0
E �
a
w
o
I
° v '� O
on f0
m
= 0
•�
0
p
i? MY>
0
om
oocv
uUw�wG1
.v v p
m, v
vo>. Yoonn
p
oo
o
YY y
0oam
N
>w
u
O0
O z
m
—le
u
E
o
°o
p�
i
u
O
o
E p
—wvv3ro
o30
o°o
NN
U N3
6
„oa°n10
mu O
mm
-o o
N3
0
d
u
m
C 3^ O O
v m
c Y
C c
0 o
L
n
0 9 v
o y�
3
m ��'�
0
o Q�
m y
ow
w
'- X�
�o
H `w
a
3 0
]
O o O ro
O c
O a0i
0
O N c
O
0
i
c 0
Y
u 3
`v
10 >>
m
o
?
p
ro
a
p
O c� pro
�j m ro -o
-°6
c
a v
O v
of ._
m
m cc
m e
0 0 0 m
m c Sc
0 m 0
DLO
N
f6 O
v
o
U
>
F
T
n
U
/
/
/
/
j
�
§
2
k
cn
;
;
;
;
;
:
;
OM
IN-
10
ƒ
)
J
J
E3/
4�
\
\\
Ln
\/
0
0
\
/
j\j}j}j}j§
/
)j\
=
m
0
\
3
{
S
k
k
k
bb
(
/
�
f
D
�
(
/
±
m
\
)
/
»
�/
«
\\\
A/2
\\
U)
k{
16
}U
_
-
//
\
\
\
\
\
\
\
\
\
\
\
\
'
'
'
'
M._
M._
M._
_
_ _
_ -
COCOCO_
/
§]2
§]2
§]2
§]2
§]]
§]§
§]
—-
(
(
mu�
/
\
\
\
LL
Ln
\\\
\\\
\\\
\\\
\\\
\\\
\\\
\\\\
\\\\
\�
\
_
_
_
_
_
_
_
_
_
\{
§
>
»
�
§
w
\
j}
)
_
j
}
{)
)
G
T
)
5
5
5
5
5
5
5
§
5
5
5
5
5
(
f
/
d
2
>
;
(
_
0
)
u
I
-
_
m
:
:
:
}
L
k
N
L
X
W
O
N W
U ,U
� w
c
c
Q
O
4t w
�U
Q
z
rn
w
`o
U
Q
a
a
a
a
}
m
O
m
O
m
O
m
O
z
z
z
z
U
G1
7
a
w
LL
U
O
`w
fn
Q
F
C
O
U
O
J
p
m
o
v
v
v
a
v
�
v
v
3
v
`v
3
a
v p
-0 3
O v
on
`o �
`v
o
.3 n
�
o
a
v
m
c
c
n
w �
-
v
-o
a
W
T O
O
O
O
O '-
O
O
O
'O
O
T -O
W
Ul
Ul
� c
O
O
O
W
_
=
V
V
0
O O C
oo
Doclut
S 9 C U a 9 0
Certificate Of Completion
Envelope Id: 9FEA1EODEEA8483DA3F925C74DC60B66 Status: Completed
Subject: Please DocuSign: City Council Contract 6980 - Rights -of -Way (ROW) and Private Property Maintenance
Source Envelope:
Document Pages: 60 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Suzzen Stroman
AutoNav: Enabled 901 B Texas Street
Envelopeld Stamping: Enabled Denton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada) suzzen.stroman@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
3/18/2019 3:55:09 PM
Signer Events
Suzzen Stroman
suzzen.stroman@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dave Myers
dave@ddmowing.com
Director
DID COMMERCIAL LANDSCAPE MANAGEMENT
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/14/2018 1:10:44 PM
ID:7a5f2c6f-b972-454b-9614-8c86bf5bddc1
Holder: Suzzen Stroman Location: DocuSign
suzzen.stroman@cityofdenton.com
Signature Timestamp
Completed Sent: 3/18/2019 4:15:53 PM
Viewed: 3/18/2019 4:16:04 PM
Signed: 3/18/2019 4:16:08 PM
Using IPAddress: 129.120.6.150
DS Sent: 3/18/2019 4:16:10 PM
�� Viewed: 3/19/2019 7:23:55 AM
Signed: 3/19/2019 7:24:42 AM
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
bv: Sent: 3/19/2019 7:24:44 AM
[D—Si,ned
1^�`^^'t Resent: 3/21/2019 3:54:25 PM
7F9D328BF0204Fe_. Viewed: 3/22/2019 2:04:00 PM
Signature Adoption: Pre -selected Style Signed: 3/22/2019 2:05:54 PM
Using IPAddress: 129.120.6.150
ED ... Si,n1d bY: Sent: 3/22/2019 2:05:58 PM
av N1.�vs Viewed: 3/22/2019 2:20:32 PM
A66AAIC6FF224D4... Signed: 3/22/2019 2:22:14 PM
Signature Adoption: Pre -selected Style
Using IPAddress: 69.216.111.187
Signer Events
Kenneth Hedges
Kenneth. Hedges@cityofdenton.com
Fire Chief
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 3/22/2019 3:22:35 PM
ID:d8839fad-7c92-42ea-b601-25568c1db814
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd. Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Rosa Rios
Rosa. Rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/10/2019 9:16:38 AM
I D: 7a 1 ed6e4-2Oa8-440c-9ffb-Oc2d 1 76de815
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature
[D11uSi,n1d by:
8C476FC45B304C3...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
Using IPAddress: 129.120.6.150
[D—Si,ned by:
B775C711BAOD454...
Signature Adoption: Pre -selected Style
Using I P Address: 47.190.47.120
Signed using mobile
ERD0CUSi,n1d by:
a P4as
1C5CA8C5E175493...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
Signature
Status
Status
Status
Status
Status
Timestamp
Sent: 3/22/2019 2:22:19 PM
Viewed: 3/22/2019 3:22:35 PM
Signed: 3/22/2019 3:23:09 PM
Sent: 3/22/2019 3:23:14 PM
Viewed: 4/10/2019 8:56:22 AM
Signed: 4/10/2019 8:56:42 AM
Sent: 4/10/2019 8:56:46 AM
Viewed: 4/10/2019 9:07:08 AM
Signed: 4/10/2019 9:07:18 AM
Sent: 4/10/2019 9:07:21 AM
Viewed: 4/10/2019 9:16:38 AM
Signed: 4/10/2019 9:17:58 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 3/18/2019 4:16:10 PM
Carbon Copy Events
Status
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lancine Bentley
Lancine.Bentley@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Timestamp
Sent: 4/10/2019 8:56:45 AM
Viewed: 4/10/2019 9:08:40 AM
Sent: 4/10/2019 9:18:00 AM
Sent: 4/10/2019 9:18:01 AM
Viewed: 4/16/2019 9:00:49 AM
Sent: 4/10/2019 9:18:02 AM
Viewed: 4/12/2019 10:23:06 AM
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
4/10/2019 9:18:02 AM
Certified Delivered
Security Checked
4/10/2019 9:18:02 AM
Signing Complete
Security Checked
4/10/2019 9:18:02 AM
Completed
Security Checked
4/10/2019 9:18:02 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Dave Myers, Kenneth Hedges, Todd Hileman, Rosa Rios
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per -page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems:
Windows2000? or WindowsXP?
Browsers (for SENDERS):
Internet Explorer 6.0? or above
Browsers (for SIGNERS):
Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email:
Access to a valid email account
Screen Resolution:
800 x 600 minimum
Enabled Security Settings:
-Allow per session cookies
-Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.