Rental of Portable Toilets-5195-Award/Ordinance/PricingCONTRACT BY AND BETWEEN
CITY OF D NT N, TEXAS AND UNI'T'ED SITE SERVICES OF TEXAS, INC.
(FILL 51 95)
1 in is day o ..D. 20 3t
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by n between UNITED SITE SERVICES F TEXAS , INC. a corpo ion, hose address is
2617 Willowbrook Road, Dallas, TX 75220, hereinafter referred to "Conti- actor," and the
CITY of D NTON, TEXAS, a home rule municipal orporation, hereinafter er rof rr 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 follows:
SCOPE of SERVICES
Contractor shall provide products and or services in accordance with the Contractor's
proposal in response thereto, a copy of which is attached hereto and incorporated herein for all
purposes as Exhibit "E ". The Contract consists of this written agreement and the following
items which are attached hereto and incorporated herein by reference:
(a) City of Denton Standard Terins and Conditions (E xhibit "All);
(b) Special Terins and Conditions Exhibit "B");
(c) Insurance I e Uir meats (Exhibit ` C")t
(d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D");
(e) Contractor's Proposal. (Exhibit II IJ ;
(f) City of Denton's RFP 5195 (on file at the office of the Purchasing Agent)
These docutuents male 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 doc uments shall be referred to collectively as "Contract
Documents."
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IN WITNESS WHEREOF, the parities of these presents have executed this agreement in
the year and day first above written.
C :ON T
B
Date:
Tifle:- �,�xa( rmwzol �Secxe�
PHONE NUMBER
a . , .� .. .
.. LIL41 {
CITY F DENTON, TE XAS
ATTEST.
JENNIFER WALTERS, CITY SECRETARY `,
G 11G .
Y: Date:
APPROVED AS TO LEGAL FORM:
ANITA. BURGESS, CITY ATTORNEY
Y.
File # 5195
ELF,, CITY MANAGER
R
Exhibit A.
Standard Purchase Terms and Conditions
These standard Terms s and Conditions and the Terms and Conditions, Specifications, Drawings
and other re quirements included in the City's solicitation are applicable to Contracts/Purchas
Orders issued by the Cit y hereinafter referred t as the Cit y or Buyer and the Seller herein after
referred to as the Bidder, 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 Sellers Solicitation Response, ponse, Invoice or Statement shall serve to
modify the ternis set forth herein. If there is conflict between the provisions on the face of the
Contract/Purchase Order these written provisions will take precedence.
B y submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract
shall be governed by the following terms and conditions, unless exceptions are duly noted and
fully negotiated.
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. 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,
separate invoice must be sent for each shipment or delivery jade.
B. Proper Invoices inu t include a unique invoice number, the purchase order or delivery
order number and the master agreement nu ber if applicable, the Departmentis 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 nalxie,
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 inay 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 saps taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
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4. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid
within thirty 3 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 1111p aid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or
the rnaxiniti rr lawful rate; except, if a m nt is not timely made for a reason for which the
City may withhold payment hereunder, inter #est shall not accrue until ten 1 calendar
days after the grounds for withholding payment ha ve been resolved.
C. rf 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 inat h s 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 ma y be necessary on account of,
L 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 pad' 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 Conti-actor's obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
i. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
iii, failure of the Contractor to comply with any mate rial provision of the Contract
Documents.
E. Notice is hereby given that any awarded Contractor who is in arrears to the City for delinquent
taxes, the City i ay offset indebtedness owed the City through payment withholding.
F, Payment will be made by check unless the parties mutuall y agree to payment by credit earl or
electronic transfer of ffinds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payinents 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 ffinds shall
render* the Contract null and void to the extent fiends 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 ppropri do fog• 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 tinder the Contract. In the event of
none or inadequate appropriation of frinds, there will be no penalty nor removal fees charged to
the City.
5. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated its the contract terms.
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6. FINAL PAYMENT AND CLOSE-OUT:
:
A. If a DBE/MBE/WBE Prograin Plan is agreed to tad the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE M
Compliance Report to the Purchasing Manager no later than the 15th calendar clay after
completion of all work under the contract. Final payment, r tainage, or both may be withheld if
the Contractor is not in compliance with the requirements as accepted by the City.
B. The nuking and acceptance of final payment will constitute;
L a waiver of all clainis by the Cit y against the Contractor, except claiins l Which have
been previously asserted in writing and not yet settled, 2 arising fr in defective work appearing
after final inspecti xi, arising f orn failure of the Contractor to comply with the Contract or
the terms of any warranty specified herein, arising from the Contractor's c ntinuing
obligations tinder the Contract, including but not limited to indeninit y 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.
7. RIGHT TO AUDIT:
A. The City shall have the right to audit and l ake copies of the books, records and computations
pertaining to the Conti-act. The Contractor shall retain such hooks, records, documents and other*
evidence pertaining to the Contract period and five gars 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, d cuments and other* evidence shall be
available, within ten 1 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 g ill 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 all
verpa inent of 1% or greater. If an overpayment of I% or greater occu pis, the reasonable cost of
the audit, including any travel costs, must be bovine b y the Contractor which must he payable
within five business days of reeeipt 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
terns "books", C're r ds ", "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.
8. 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 -vvaiver of any rights or remedies of the City with respect to defective deliverables provided by
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 terns of the
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Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
1iI. prohibit the Subcontractor from further subcontracting any portion f the Contract
without the prier written consent of the City and the Contractor. The City m require, a
a condition t such further subcontracting, that the Subcontractor post a payment bond in
form, substance and ainount acceptable to the City;
in. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, dainages 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 t ri s of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the terirr of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a nani d i ured its interest shall appear; and
v. require that the Subcontractor indemnify and bold the City harmless to the Sallie extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and oinissions of the
Subcontractors just as the Contractor is responsible for the Conti-actor'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 dire any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Sub contractor its appropriate shade of payments made to the
Contractor not later than ten 1 calendar days after receipt of payment frorn the City.
9.,WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders b y others for like deliverables under similar tear s of purchase.
B. The Conti -actor 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 Contractor 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 ai ounts paid for items in excess of the Contractor's
current t prices on orders by others for life deliverables under siiniIar terms of purchase.
10. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be dilly and timely performed in a good and
workmanlike e t anner 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 Conti -actor may net limit, exclude or disclaim the foregoing warranty or any warranty
implied by law, and any aftempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be t 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 Nvith 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
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Contractor written notice of the breach of warranty within thirty calendar days of discovery
of the breach warranty, but fiailure 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, they in addition to any other available reined {, the City may
reduce the amount of services it may required to urcha tinder the Contract from the
Contractor, and purchase conforming services from other sources. In such evert, the Contractor
shall pay t o the City upon demand the increased cost, if any, incurred by the Cite to procure such
services f ruin another source.
11. ACC P .ANC F INCOMPLE TE OR NON-CONFORMING DE L v .A LES: 1f,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the Cite r a y do so. The Contractor shall
pay all claims, costs, losses and daniages 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 ma y deduct such amounts as are necessary to compensate
the Cite for the diminished value of the defective or non-conforming deliverables. If the
acceptance occurs after final payment, such aniount will be refunded to the City by the
12. RIGHT ASSURANCE: Whenever* one party to the Contract in good faith has reason t o
question the ether part's intent to perform, demand may be gale 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 ma y treat this failure as an anticipatory
repudiation of the Conti-act.
13. STOP 'CORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing ire a manner that is in violation of Federal, State, or local
guidelines, or in a rna ner that is determined by the Cite 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.
14. 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, fails
to provide adequate assurance of performance under Paragraph 24, c becomes insolvent or
seeps 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
d
by the Contractor to the City.
15. ` 11 INATI N FOR CAUSE: fn the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective tern f calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten f day period, cures such default, or provides evidence sufficient to prove to the Cit 5s
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in quit , the Cite shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as result of the Contractor's default, including,
without limitation, cost of cove`, reasonable attorneys' fees, cowt costs, and prejudgment an
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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 ear
and any Offer submitted by the Conti-actor may he disqualified for up to three years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right or
remedy provided by law.
16. TE RMINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty Galen dar days' prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further
work pursuant to the Contract, with such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise
legally available for such purposes, for all goods delivered and services performed and
obligations incurred prior* to the date of termination in accordance with the terns hereof.
17. 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 rxiay result in legal action.
18. DELAYS:
A. The City may delay scheduled delivery or other dire dates by written notice to the Contractor
if the City deems it is in its hest interest. If such delay causes an increase in the cost of the work
under the Conti-act, 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 nut assert its right to an adjustment within thirty 3 calendar days from the date of
receipt of the notice of delay. Failure to agree can any adjusted price shall be handled under the
Dispute Resolution lution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the deliver' as notified.
B. Neither parity shall be liable for any default or delay in the performance of its obligations
under this Conti -act 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 ether cause beyond
the reasonable control of such Parity. 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 :t a red;
provided, however, in such an event, a conference will be held witbin three business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of
such failure to perform.
19. INDENWITY:
A. Definitions:
L "Indemnified Claims" shall include any and all clahns, 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 foil: 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 f such s ub contractors; aid third parties); and/or death, bodily injury,
illness, disease, worker's er's eompensati n, 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 subc ntraetoris, and third parties), ii. "Fault" shall include
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the sale of defective or non - conforming deliverables, negligence, willful misconduct or
breach of any legally imposed strict liabilit y standard.
B. THE CONTRACTOR SHALL DEFEND AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, Y, ITS SUCCESSORS, SSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLE, SS FROM AND AGAINST ALL
INDEMNIFIE D CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TG,
CONCERNING OR RESULTING FROM THE FAULT of THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR'S CTOR'S O LIG TIONS UNDER THE
CONTRACT, NOTHING HEREIN SHALL BE DEEMED To LINT THE RIGHTS O
THE CITY OR THE CONTRACTOR (INCLUDING, DING, CDT NOT LIMITED TO, THE
RIGHT To SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM,
20. INSURANCE. The following insurance requirements are applicable, in addition to the
specific insurance requirements detailed in EXHIBIT C The successful Contractor shall procure
and maintain insurance of the types and in the minimum ainounts acceptable to the City. The
insurance shall be written by a compan y licensed to do business ill the State of Texas and
satisfactory to the City.
A. General Requirements:
i. The Conti-actor shall at a i inimurn 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.
H. 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 1 calendar days after written request froin 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 bold over period is exercised, as verification of continuing coverage.
iii. The Contractor shah not commence Nvork 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
eonstmed to be a liinitation of liability on the pail of the Contractor.
iv. The Contractor must stibmit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing A ork on the project.
. The Contractor's and all subcontractors' insurance coverage shall be ritten by
companies licensed to do business in the Mate of Texas at the three the policies are issued
and shall be written by companies with A.M. Best ratings of - VII or better. The City
will accept workers' compensation coverage written b y the Texas Workers'
Compensation Insurance Fund.
vi. All endorseinents naining 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 I ep ilinent
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9
901E Texas Street
Denton, Texas 76209
vii. The "other"' insurance clause shall not apply to the City where the City is an
additional insured shown on any policy. It is intended that policies required in the
Contract, covering both the City and the 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 ill
amounts specified. If Excess Liability Insurance is provided, it shall follow the form of
the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make
any reasonable requests for deletion or revision or modification of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either* of the parties hereto or the
underwriter rwriter n any such policies.
x. The City reserves the right to review the insurance requirements set forth daring the
effective period of the Contract and to male reasonable ad ustin nts to insurance
coverage, limits, and e chisi ns 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.
A 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.
iii. 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 are the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thifty calendar days' written
notice of erosion of the aggregate Hinits below occurrence limits for all applicable
coverage's indicated within the Contract.
1v. The insurance coverage's specified in within the solicitation acrd requirements are
required minimums and are not intended to brit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instruinent.
21. CLAIMS: If any cl aiin, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or Which could have a material adverse affect on the
Contractor's ability to perform thereunder, the Contractor{ shall give written notice thereof to the
City within ten 1 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; the basis thereof; and the name of each person against
whom such clahn 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 Fall, 215 East McKinney Street, Denton, Texas 76201.
22. 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
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delivered three business days after postmarked if sent by U.S. Postal Service Certified or
Registered Marl, Return Receipt Requested. Notices delivered by other ineans 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 parity may notify the
other in writing. Notices to the City shall be addressed to the City at 9 0 1B Texas Street, Denton,
Texas 76209 and marked to the attention of the Purchasing manager,
23. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MAT RIA : All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such nnaterial claimed by the Contractor to be proprietary must be clearly marked as
such, Determination of the public nature of the material is subject to the Teas Public
Information Act, Chapter 552, and Texas Government Code.
24. 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 Neill 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 inade 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
a vliere in the world of the rights associated with the City's' ownership, and if applicable,
license rights, and its use of the eliverables infringes the intellectual property rights of any third
party; or li the Contractor's breach of any of Contractor's representations or warranties stated
in this Contract. In the evert of any such elah , the City shall have the right to monitor such
claiiii 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 sucli deliverables will not impact such
warranties of Contractor.
2. CONFIDENTIALITY: In eider to provide the deliverables to the City, Contractor may
require access t o 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, dis en inatio , 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 witho ut the prior written consent of the City or in
inanner not expressly permitted under this Agreement, unless the Confidential hiformation 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
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information n s 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 inf r i ati m, which protective measures shall
under all circumstances be at least reasonable rrreasur s to ensure the continued confidentiality of
the Confidential Information.
26. 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 trratt r contained in the deliverables, the Contractor
agrees to disclose such patentable subject i atter to the City. Further *, ifrequested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to ssi n the emire
right, title, and interest to specific inventions under such patentable subject inatter to the City and
t o execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, ge, an deliver an assignment of letters patent, in a form to e reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. A. to any deliverables containing e p {rlghtable 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 uch 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 J 0 lilt authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made-for-
hire, the Contractor her y 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 oo 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 f rni to be reasonably approved by the City, to the
City upon deliver ' 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, yak 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, acluio- vledged, 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 k v rk registration or patent protection for any of the
deliverables, but should desire to beep the sane secret, the Contractor agrees to treat the same as
Confidential. Information under' the terms of Paragraph 37 above.
27. 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 riepol-t in any form, the source shall be
identified.
28. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior
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consent, the fact that the City has entered into the Contract, except to the extent required by law.
29. 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 eojinmis ion, percentage, brokerage, or contingent fee, excepting bona fide employees of
bona fide established eonimereial 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 arrrount of such
commission, percentage, brokerage or contingent fee.
30. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract
without liability if it is determined b y 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 th City
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.
1. 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 f-oni that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subleet 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 (Exhibit D).
2. INDEPENDENT CONTRACTOR: The Conti -act shall not be construed as creating an
employer/employee relationship, a partnership, or a j oint venture. The Contractor's sery ices shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City, Texas for the
purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's
er'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 'i's 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, Texas, or his designee under this agreement.
3. 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.
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4. 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. N
v %rawer b y either the Contractor or the City of any one or more nt default by the other
part shall operate as, or be construed to be, a perinari nt 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.
35. MODIFICATIONS: 1,he Contract can be modified r a� ended only by a writing signed b y
bath 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 tennis, covenants, and conditions of the
Contract.
6. INTERPREJ TATI N: The Contract is intended by the parties as a final, complete and
elusive 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 terns 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 tern
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 Conti-act.
37. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the mach 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 ns r to seek injunctive relief. Either
party may make a written request for a meeting between representatives of each part within
fourteen 14 calendars days after receipt of the request or such later period as agreed by the
parties. Each party shall include, at a ininxmuni, 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 calendar days
after such meeting, the parties have not succeeded in negotiating a resolution f the dispute, they
will proceed directly to mediation as described below. Negotiation may be warred 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 calendars 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 rrredlat r. Nothing in the Contract
prevents the parties fr in 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 calendar days of initiation of the mediation process, the mediator shall be selected by
the Denton County Alternative Dispute Resolution Program D P . The parties agree to
participate in mediation in good faith for up to thirty 3 calendar days fr in the date of the first
mediation tin session. The City and the Contractor will share the mediator's fees equall y and the
pat -ties will bear their own costs of participation such as fees for any consultants or attorneys they
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may utilize to represent them. or otherwise assist them in the mediation.
38. JURISDICTION AND VENUE: The Contract is made tinder and shall be governed by the
laws of the State of Texas, including, Nvhen applicable, the Uniform Commercial Code as
adopted in Texas, .T.C.A., Bus. & Comm. Code, Chapter f, excluding any rile 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 pal-ties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, h e r, 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.
39. INVALIDITY: The invalidity, illegality, or unenforeeabxlity of any provision of the
Conti-act shall in no way aff'eet the validity or enforceability of any other portion or provision of
the Contract, Any void provision shall be deemed severed froni the Contract and the balance of
the Contract shall be eonstrU d and enforced as if the Contract did not contain the particular
portion or provision lield to be void. The parties firs #they agree to reform the Contract to replace
any stricken en provision with a valid provision that conies 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 Conti -act be determined to be void.
40. 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 Da r... ob erved
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 5:00 pr n, 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.
41. SURVIVABILITY F 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.
2. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City 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 Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its
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principals are not currently suspended or debarred from doing business with the Federal
Government, as indicated b y the General Services Administration List of Parties Excluded from
Federal Procurement and Non-Procurement ement Programs, the State of Texas, or the City.
3. EQUAL OPPORTUNITY
A. Equal Employment pportunity: No Offeror, or Offerors agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be then vie subjected
to discrimination tinder any activities resulting frorn this RFQ.
B. Americans with Disabilities Act (AIWA) Compliance: No [offeror, or Offerors agent, shall
engage in any discriminatory employment practice against individuals with disabilities as
defined in the A A.
4. FU`s AMERICAN ACT- SUPPLIES (Applicable o certain federally funded
requirements)
The following feder *ally f aided requirements are applicable, in addition to the specific federally
funded requirements.
A. Definitions. As used in this paragraph
i. "Component" means an article, material, or suppl y incorporated directly into an end product.
ii. "Cost of components" means -
1 For components puii ha ed b y 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 cture f
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.
111. "Domestic end product" means -
1 An unmanufactur d end product rained or produced in the United States- or
(2) An end product manufactured in the United States, if the cost of its components inbred,
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 ient and reasonably mailable
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated,
collected, a d prepared for pro cessi n g in the United States is con sidered,doinestie.
iv. "End product" means those articles, materials, and supplies to be acquired tinder the contract
for public use.
V. "Foreign end product" means an end product other than a domestic end product.
i. "United States" nicans the 50 States the District of Columbia, and outlying areas.
B. The Buy American Act 41 U.S.C. 1 Oa -- 1 d provides a preference for domestic end products
for supplies acquired for use in the Limited 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 aritieles
are on a list approved by another Governmental Agency. The Offeror shall submit
documentation with their Offer demonstrating that the article is on are approved Governmental
list.
D. The Contractor shall deliver only domestic end products except to the extent that it specified
deliver' of foreign end products its the provision of the Solicitation entitled "Buy American Act
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Certificate".
45. RIGHT T FORMATION: The City reserves the right to use any and all information
presented in any response to this solicitation, whether amended or trot, except as prohibited by
law. Selection of rejection of the submittal does not affect this right.
46. LICE NSE 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.
. PREVAILING WAG RATES: All respondents will b required to comply with Provision
5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment
t
of preva i I i tag wage rates and prohibiting d i scri in i nation in the emplo yment practices.
littL)://www.access.gpo.gov/davisbacoii/tx.litmi
. COMPLIANCE WITH ALL STATE, r,ED RAL, 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 titres, including, without limitation, the
following: i §36.02 of the Texas Penal Code, which prohibits bribery; 1i §36.09 of the Texas
Penal Cade, which prohibits the offering or conferring of benefits to public servants. The
Respondent shall give all notices and comply pl with all laws and regulations applicable to
furnishing and performance of the Contract.
49, FEDERAL, STATE, AND LOCAL REQUIREMENTS: R.e pondent shall demonstrate
on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section
530 of the Revenue Act of of 1978, dealing with issuance of Form, W-2's W-2' to mmon law
employees. Respondent is responsible for both federal and Mate unemployment insurance
coverage and standard Worker's Compensation insurance coverage. Respondent shall ensure
compliance with all federal and Mate tax laws and withholding requirements. The City shall not
be liable to Respondent or its employees for any Unemployment or Workers' Compensation
coverage, or federal or State withholding requirements. Contractor shall indemnif 7 the City and
shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this
Section.
50. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the rug -Free Work Place Act of 1988 Public Law 100 -690, Title V, Subtitle D; 41 U.S.C.
701 ET SEQ. and maintain a ru - tiee work environment; and the final rule, ern en --vide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense 2 C R Part 280, Subpart ' to implement the provisions of the
Drug-Free Work Place .pct 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 he issued.
1. RESPONDENT IA ILIT FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to g vernment- owned, leased, or occupied property
and equipment caused by the Respondent and its employees, yees, agents, subcontractors, and
suppliers, including any delivery or cartage company, pany, in connection with any performance
pursuant to the Contract. The Respondent shall notify the City Procurement Manager in writing
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of any such damage within on f calendar da r.
2. FORCE MA E URE *. The City, any Customer, and the Respondent shall not be responsible
for performance under the Contract should it be prevented froi n performance e b y 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. In the event of an occurrence under this Section, the Respondent will be
excused from any f urther performance or observance of the requirements o 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
witho ut delay. The Respondent shall immediately notify the City Procurement Manager by
telephone to be confirmed rmed in writing within five 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.
3. NON-WAIVE R of RIGHTS: Failure of a Party to require performance by another Pat x
under the Contract will not affect the right of such Part y to require performance in the future. No
delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherkvise affect such right
or rei cd y. A waiver by Party of any breach of any tern of the Contract will not be construed
d
as a waiver of any continuing or succeeding breach.
54. No WAIVER of SOVE RE, G MMUNITY: The Parties expressly age *ee that no
provision of the Contract is in any wa y intended to constitute a waiver by the City of any
immunities fro m suit or from liability that the City may have by operation of law.
5:, 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 iiecords for a period of four `f gears
after* the expiration of the Contract, or until the CPA or State u itot'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 ntit y that has authority to review records due to
federal funds being spent under the Contract.
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Exhibit
SpecialTernrs and Conditions
Total Contract ,mount
The contact total for services shall not exceed $7,00 per term. Pricing shall be per Exhibit
attached.
Contract Teems
The contract term will be one l year, effective from date of award or notice to proceed as
determined by the City of Denton Purchasing Department. At the City of Denton's option and
approval by the vendor, the contract may be reeved for up to to additional one -year periods,
as fuilh r explained in Renewal Options,
Renewal Options
The City of Denton reserves the right to exercise are option to renew the contract of the vendor
for two 2 additional one 1 year periods if agreed upon in writing by both parties. All terms
and conditions must remain the same for each optional additional renewal year.
Price Escalation and De-escalation
The City will implement an escalation/de-escalation price adjustment quarterly. The
escalation/de-escalation will be based upon manufacturer published pn*cing sheets to the vendor.
The price will be increased or decreased based upon the quatlerly percentage change in the
manufacturer's price list. The price adjustment will be determined quatterly from the award
date. Should the charge 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 ent quarterly in writi. 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 prichig sheet used to calculate the bid
proposal, to a tici ate In the escalation /de- escalation clause,
Exceptions
Contractor has taken exception to the following section of the RFP document, which has been
removed:
Section I, Item 11, Paragraph : Cooperative PurchasinyPigayback Option.
"The contractor agrees to pay a service fee in the amount of o of the dollar amount of
all externally issued purchase orders generated from use of this contract by
cooperative agencies.. The contractor further agrees to remit the service fee by check on
a quarterly basis for the previous quarter spent through this contract, to Julia Klinck,
Purchasing Coordinator at 901E Texas Street, Denton, TX 76209, on or by the Fifteen
day of each month, following the end of the quarter. The Contraeto • shall also provided
quarterly sales reports from the Contract awards and Purchase Orders issued from the
Contract, for the purpose of billing and collecting the service fee, and for compiling
required purchasing history. This report shall be seat to rchasing@cil lento .
on or by the tenth day of each month. The Contractor further agrees that the City of
Denton shall have the right, upon reasonable written notice, to review the Offerors
records pertaining to purchases under this awarded contract to verify the accuracy 'of
service fees charged to the Contractor."
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Exhibit C
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSENTATION REQUIREMENTS
TS
Upon contract execution, all insurance requirements shall become contractual obligations,
which the successful contractor shall have a duly 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 an d maintain until the con tr cted work has been completed an d
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 rimy, 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 ents shall
comply with the followings 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 ale business in the state of
Texas with an A.M. Best Company rating of at lust - VII 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 sell - 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 inistration and defense expenses.
Liability policies shall be endorsed to provide the following:
Marne 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 insurees
limit of liability.
Caneellafion: City requires 30 clay written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
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Should any of the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
ocurrences 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 terra, 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 E UI EMENTS:
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=
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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 00 01 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad fora property damage coverage.
0 Coverage B shall Include personal injury.
Coverage Ct 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
9F
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 1500,000, 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 mooting the minimum statutory requirements for issuance of such insurance,
has Employer's Liarbility limits of at least $100,000 for each accldent, $100, 0 0 o per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as n "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 lamed Insured. For building or construction projects, the
Contractor shall oomph with the provisions of Attachment I in accordance with §406.096
of the Texas Labor Code and rule 2 T C 110. 110 of the Texas Workers' Compensation
Commission TWCC #
[ l 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
$.600,000.00 combined bodily injury and properly damage per occurrence with a
$1,000,000.00 aggregate.
[ l
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.
j 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.
File # 5195
I ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali -Kish form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton n and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery
inside /outside the promises, 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.
[ I 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.
Fie # 5195
3
ATTACHMENT 1
[X] Workers' Com ensation 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- 2, TWCC- 3} or TWcc- , showing
statutory workers' compensation insurance coverage for the persons 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 worm 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 Teas 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, fire 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,
File # 5195
24
and provide to the governmental entity:
1. a certificate of coverage} prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
2. no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified rail
or personal delivery, within 10 days after the contractor kne w 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' ers' Compen atlon Commission,
informing all persons providing services on the project that they are required
to be covered, and stating hove a person may verify coverage and report lack
of coverage.
1. 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 shoving 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 shoring extension of coverage, if the coverage
period shogun on the current certificate of coverage ends during the
duration of the project;
File # 5195
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
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 a
required by paragraphs _ 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 bf 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 cedes
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 ion 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 b y 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.
File 4 5195
EXHIBIT
CITY OF DENTON
FP FOR PORTABLE CHEMICAL TOILET E TAL SERVICE
i t
i
CNLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
of vendo r or ofIler j -so a dot ag bas] ness NO (It local govepimen t I en ti
ThIs quest- lonimI • -reflects Ow nges imado lo' h 0 ] rov by R11. 1491} 80 fft Leg,, Rep [ail Sessl on, OPPICE U813 ONLY
This rtes loww� Is behig bled in Accordance MOW oft ter 176 of tho Moen[ oveniment e(to by a poi -son DatottiWwd
who Ija s a b i i shws s NJ ation s lip 0 d o ri1r I by 8 eo t jo 11 176,001(1 - alt to I govern inwitaI-enflt cud the
persion Ineols re. qvi ° lxio t under seotton 176.006(n).
By law this tw3ilo h- o. musl b e. faw wilh the 1words falm im" tr for of tlto Wal government omit trot later
tftaii he 71h ��sIims da rsf k' trio d f 1t t 1) oti b a [lies ware of filets 01 1" III re tIte st teIII ftt t0 fl to 1►
See us On eo inh11(s an o ffe n 0 1 F t1ia pers on kn owiii gly violates 8 e, cIiwi 176.006, Local G o v rnmeot Cade. Aii
QffDj)so wide' thia section is a Class Gmisdok ennor,
IM1110. of 11drsoll whD 11 as ft busilress I• Iati011sT1f1)10tir focal governm 00(al liti(Y.
oIt tl 8 110 & r +Vtees 0f !*Ln�$ It '
-2]
nlWlt th IS box tt 011 .1ti+ riling 0II UP(IMP, 10 A PYOV1011SlY FINN gRS110lt mi v ,
Th Iaw rcgid ifiat ott fife a ii Baled im111140 l fl�� I to) 111 [I IV! (It tiro opprop Fite f I n i i I I iddty nct Eater lban [tie bus Iimss day a Re r the
ato lite o r Igi ifaif -f 1e4i y i os I lonau Ite, be-comes 111 oInpl to or IIIaocu O.)
Nume ot loco f govorn nitnt o dice er wl th whom 0 fcr Ii a5 an t mplop noi it or busl n s reladoi�shIpt
` his section, (ftem 3 I chiding subparts A# So , must be completed for each officer vft whom the fifer has an employment or other u -sines
refat(onsl9p as dofined by define Swlion 170.001 -a), Local Goverment Colo. Attach ditional pages to Us Ferny QI s necessary.
I I he to cal govo rinment o fflor named I o th1s s e ctfon ce ce Wing or it Rely to re oe fve taxabl e In oo o, eflter than Invo stfn on t incopia, frorn (h
fwfar of the uestionnair
Yes No N/A
B. is the fifer of the quostlonnalre riecelving or 11ke1V to r oelve taxnble Income, ether then fn e f ent Income, Ervin or al 1J10 direction of tyre
loco 19 ova mment officernaniad In (tits effo n AN the Ox able Income Is roof re reived from the lo c A ova m m ent i ent It
Yes No NIA
C. Is 01e filer of 11110 queallonnalre employed by a c9rporalton or over business enflty YAM respect to which the le of govornment officer
eaves o s an officer or director, of I iolds an owner h fp of 10 V 0 roonI of mote?
Yes N o * N/A
0. DeWbo each affillatlon or business relationship.
4
t t , Getters omisof peret ry , , �
-116 �.
EXHIBIT
CITY OF DENTON F FOR PORTABLE CHEMICAL TOILET RENTAL SERVICE
USN88 OVERVIEW QUESTIONNAIRE AND FORMS
1. Contractor Name: Visited Site Services of Texas, hic,
2. Address (Prinelpal Placo of Bminess): 2617 Willowbrook Rai, Dallas, TX 75220
-Does yout company stave an established pilysic-al r it e bi th State of e s, or tho City of
eIlt ll y", , e t S locations ifirough out flee state of Tex-as,.
4, Tax Payee.' JD /h - 2593850
5. Emuil Addre-�� of Primary contact:
6. We si Address: w�vw,vit i slt . e r ee.. i i
7. Telephone: (972) 877-4653
8. Fax: 2 1
t . .
0. gaili :ati bass; � � e
Individual
t*poy'ra loll
As "ioll
11. Date Established: rit 20, 1995
t
1. ee #� Parsee aai �ereee '
13, Date of DimluQon:
Subsidiary of: UnitedSite Services of Texas, Inc.
-Yes or No NO
16. Principalsanct Qfficers: Ron Carapozzi, Pmsideut & CEO; Ed Si i nean,.T r asu r r & CFO;
r
a e tmi 'Ami , Oeneyal Cowi8el & Se t'
I
'lease detail tosponsibilitieq with tho name of ach principal or officer.
1, Key Personnel and Respdnslbifities:
RFP 961
CITY OF DENTON
1 -1' FOR PORTABLE CHEMICAL TOILET ' L SERVICE
Please se detail respqnsibilifios with the, mame, of c i -key persomel. 18, Number ofFmomiel by Dj of fi o:
Discipline NuuaNr of Shiff # Registered
Services .Vo ided by Co tl' toi -,
Pleisq provide. a detafful if t; all-services compally provi
Portable, Toilets, Sinks, R tfo ��� +�'� {aii �', , `. � �� � Fencing, otabl Slim rs,
b. Please et li yourprior experience � otl ingo)ioinitlarl)rojects withTexas goveminelitul
entities=
of Please detail your him']ar services provided over flie, p wo years,
i. Detail dominwited proof of least ih-fee, 3 ) projects in tbo past two 2 yea-vs.
er Please detail 1110se sefvlces, 1114iding, the nature of the ser i s provided,. tile, stope of tile
activities, tho (irganizations for wbich then r ie s Nvere provided, thia dotes o lee, Projects,
and he. documented betiefit to •the, govemmeNal onfity.
20, Bps yow compaq filed o r been nanied in any lltl, tion involving your company and tiie
W 110y 0 � t the last fro ears mide.r your ur r nt c ell X101110 r ally
other; company name? ff so provide deta I Is of the. l sue amid tesolut ion if it o. Inol md
lawsults NVIlere l= Was in of df
h m� are, no j u d i cial or adm inistratl e actions, pro ceedings, or Investigations panda n
_ off.', to die knowledge of ni d Site S orvices of Texas, Inn. erebi refe r t o "bidder"),
threatemd, against bidder• or any of the, bidder's subsi i Kyles, or to which bidder or any of
the u sk arl s Is othemise a paf ty willoli i c i idi 'jtail m,i the aggregate, Nvould
i s ahl bo expected to have a material adverse- o foot cm t1w, ti d e r or the, acfloii taken or
tobeta ke m by t hebidder or any of 'Its subsidirarles iii comicei im witli flee supply and set vico
of potlable -r stroor s for flie City of Demitom
2.1, Please pfov1de, at least b- ron memo ahl)l mumicipulffl M met
mou t . Include project descrII)tIonj contaot mm ", position, and or ani a Im imme am
4ephoue Aumbor for eacli -refereme listed. See Attacliment F.
. Have you ever defaulted oil or N ed to complete a contraot va ev -you % current o pm
jitime or any other tompimy imm If so, whero mid h Ovo name and teJoplimie, utimber
of mer. NIA
. Raw you eyes• had a co tr6ot term i a ed by ike, mer o, Avliuro and why? Give halo
and lop ► lie i ii b r o ii i° i N/A
24. Has your rompany implemented an E:mployeu Health and Safety Progtam compliant -vvith 29
CM 1910 "G eneral hidustry 8t idards" and or 29 CFR -1926 " e nmal Constmot io
st l d rds ", they apply to your Compally's Customary activities? Yes
} ��osla olr�o�se,e4 ri o --STANDARD aptoe
. o e,1= 1AT) kevyaluo=1926
RFP #5196
CITY OF DENTON
P FOR PORTABLE CHEMICAL TOILET RENTAL SERVICE
SAFW.RTREi CORD QUES'TIONNAIRE
The Oily of enton des ir to avail its ol f of i he, b um ofits of S c c ti oj 12 52,0 4 3 5 of d io LQ Pa l G overn jno t Qode,
and mini ler flie safety i`ecor s of potenti l ontr ctofs prior to awfird- i bids o)i City contracts. Purstj ant to
seet[on 252.0435 of tho Lcoal Government Cote, die City of Donton has adopled th Q -following wkit en
definidon aud orhoria for accuratoly determining ilte saf6ty record of € bidder prior to mardhig bids m City
ontra t .
Tiro dermido)) AI I'd OdW,11 for determining the safety record of a bi erfoil thl"i c nsi eraflu hall
Tito City of Denton shall consider the safety iwor(l of the bidden lu dete ° iflahi the re -spo si iii y
thereoL 'The It may cousidej, any t midence WYOW111 W011](01, So rot I, sa My of- th ei(Nell 8 of Ito
Cifty-of Denton, bo it rcl ted ), valised by e ,kvillsonment 1, In chamic l) opelfafl,01103 still 01,041 On 01' Ally
0011 r cue or flictol. p e l € lly) the City Tany e,01181der, mliong 0010,16 thiligm
Complaints to, or final or em nt rel by, tim oup tion l iaf t and Health
Roylow Commission (OSURG ), aagainst the biddQr for violation 'of 09HA
rep nations within. the past (itree years
l #
Citations (as d f iml bcloW ) from an Bavirojimoatal Proteetion Ag no defined
Wow) for violations withili the east Ave years. EnAronmolitill Protection
Ageliclies incl u o, but -re -iiot necessarily finifted to, tiro U.S. Mlly Corps of
nghieer USA C0% the U.S. Fish and NVIItlii Seri (USMS), tl1
Hny i rbomenta I Protcotion Ageney (RPA), tiro Tom> Comm i ion on Bov iro monlaI
Quality ' C Q , tho Texas Mural Rosouroe Conservation Commission TNJ�03
pr sor to tjto ''C Q , the ToxM Depaffiii6iit of lth 'P � taco "rexas
Parks and Wli 111 o Department P VD � tho Structural Post Control Board
(SP CB), agencies or lei ernme tits resposibld for enforelfig en ironnielital
pr t etlon or Nvorker so-fety related nn or regulations, and similar rogul tor,
ejj jcs of of h l# states of tho United States. Cit<itlans Include notices of violation,
110 c f 011foroomenit, tI 11s1 11 1 pro tio11 o (Oto ( to or federal 11ccuses off'
r gistraflon , fns assoss0, ponding erimili l complaints, indictments, Or
f convictions, ft "ni tr tie ordefs, r ordvx , final ot•�leis, �n ju lei i hial
o. convict ion S of a cl-1111,111al offense, Yit1iin t1i u past ton 1 years, whieh res d t d,in
Ajiy other safbty rolated m ttor deemed the City Comloil to bo Inelteflal in
le ermini (ho rosponsibility pf the bidder and his t- jiei� abifity to lierfovi 01
f y1 s r goods required the id docu eni in safe onvIro� in ut, b di f � tii
workers and other employces of biddej- and the olf'zons of 11io City of Denton.
To order to Obtain proper inform tIon from bi ddem w fli t City of Denton may consider the safety ty f cords, of
Potential contractors prior to aw-11-ding bildt oa City contracts, City of ent n -req ulrc hat biddors ansmP the
ollo ihig thm. o (3) queslions and submit themn N ith flier' blids;
F
3
CITY OF DEN TON
RFP FOR PORTABLE CHEMICAL TOILET RENTAL SERVICE
QUE SK
� i e r iyon f bidder, or y firm, r � � t t
0ti11 g for 811011 lr1n Col- 1)ort►tip11, rtll r i1 or instifittlon, me ci vc d of tat lon s for viola t!oil s of 08f.fA w1thhi
he past (11y e 3 ) years?
BS. NQ_ x
If he bidder has Indicated YES foi; qu ti6n numbo r ono -m, 1h» bidder must prow "coo to City of Denton,
1 t I its !(I submiss €on, ti fol lwlb i iiifoxi ation wi f 11.I=1) C, of to 0n011 S u 0 11 C tgat iol1;
Date of ffens , to ath) of ostablishment in e'de d, category of 00p,1180, fllml disposition of MIwej If mly,
UESTIONTWO
Has the bidder, .oar the firm, coiporhtloit, partnership, or hisiif ttioll npl "e en ed by the bidder, or
911yone Roll n or-smell -fir m coypol"91(10JI, paJ,111ershi ? or instit ittliolI recelved It bons- r iol ion of
)r [roil IIIental pro tee Him Imy 01" r gul flo�l , of [illy IdIld r lie, IV! thl 11 faro I� t f1 years? C1f doll
)IV
11 flee of V101"111011, jidl e 6f eirfors iireiit, llsf) ilsxoll l* o ti ll of state Ol- fed6r l &61180s, or
t
rogistratiolls, fines ses ed, pending criminal complaints, fildle(11103 # � Olt convieflons, n(11111111strfitive
or {fi xs, draff o edoi ) fin aly oviers) nud j udichal fimil j it dgm en tso
N
If the idder has indioated r question numbor wo abovo, tho bidder must piovide to City of Donton,
with its bid sitbmt ion, t h o f ll bw ijI g Inf6mi at io.11 wIth ro3p e -to ou 11 u-0 11 w 11 ' P, ti Owl
Date o f offbi is e or o c ou irenco, I o a tion where. offbii se, airs , typ e, of offcji s v, lit d is p witio n of offellso,
if any) € nd ponalty assessed.
Date: 8/1
Location; Dall�sj TX
gyp + Underground 'Tank Alleged Filial J ition: Agreed r -
Administrative Penalty , 3 # +
QU E? 'fI ON TIM,
. Has tho bidder, or the firm, corporation, pal - M rsidt), orinstitution repro en(ed by bidder, oranyone itefing for
Such firm, corpor fI 11, pgrtner Mrl , or histi t fflon, error been convicted., within the pM tole year g, of
erimin l offense which rosultiod In sorlans bodily inj ury ei4 e€ th?
YES N0 X ���
If the bidder ] ins indio t YES for �� stlon number lir o o, the � der mti provide to City of onion,
tl i "d tibmi si o !owl � o� t r riv e t e e of a x o:
RFP 11510
3
CITY OF DENTON
RFP'FOR PORTABLE CHEMICAL TOILET RENTAL 8ERVICE
Date of offells , locAtion. ti it r fen so ovcurred, typ e of o ffenw, final d isposition o r offe t e, it any, an d
Ill asses 'sect.
KF p #6196
CITY OF DENTON
RFP FOR PORTABLE CHEMICAL TOILET NTAL SERVICE
DISADVANTAGE!) BUSINESS UTI ZATION
The City of Denton will ensure that probases of equipment, inaterials, uppli s, and o r scivices
comply wifth Texas Local Government Co& 252,0215, in ftfirds to compoti (i e x q_ uird hi it s 111
x6lati n to isadva l e miness Enterpylseg (D13E). The City livilt ensive ilia till 1voctiroment
oppoxtunities are, cost offective, and contribWable to the comped i jie o (ho City, and Its
P,ustoniers, All Procurement activities will bo cotAicied bi -an open and fair 111811110y with l cal.
q131)odunity provided for all qualified Imifies, 'The City of Detitm will priwide equal contnetffig
opportunitios as provided by State and Federat 1m v, to mnall bkishias oiftiprises, Bistorkally
Underuffli ed Bushios , and Ma dvantnged Dtishims 1311terpr1ses. Tlio City of Denton
011courages till mvarded C011tvactors to seek qualification as a DBE3 aud/or Wilize E's as vb-
coutvae tors, wlicre fe sll le, to meet 0 1 e o vercid I I i itent of t o le, gi sla I ioji.
Oro encouraged r i We ill -tile city of
Dbiftifs procurenient v ss. The Puroh `n Depailmont will provide d(fltio � �� ti on
of specifloations, assistance W1111 Proposa) o y s, a nd hirther x � ��afl n of procure ��ojit
Procedures t h DBEs who request it, Representativos from ME companies i0ioidd identify.
themselv" a uc h Qnd subiAt cry of the Cer e i on. `1111, City recognizes dig
of ho State of " a s Biffl(fing fin d Proollrellielit Coj111111sS1011 BUB Program. All c m -Meg
secking hiformat ion concerning DR certificat ion are urged o oontact i
State Of "Foxas HUB Program —WASS DivWon
PO Box 130,17, Austin, TX 78711 -3047
(5 1� 463 -59'72 or (889) 863 -5881 or b : k .wjndg . t tg.tx. r t ��emcn 7 �; g ����
1118truetI011 : If your compally 's already cettlfied, 000,11 a copy of your Certification to this
o ni and roturn with the subjninion, If your company is not already certified, and could o
consideyed as meeting cortifioation requi enmi s, please un, tho Nveb link tip u . If you
re sti i l thi g a rosponse aii(l lon to Will -1 B's, ten -use tlio, fou below to identify the
bus idn a nd '10 acItido the bushim HUB certific a ion.
COMPANY IAM1; _
RE-4 �A rt . • . . . + + * . • + . . . . +
• t
CITY, STATE, ZIP
TELEPHONE N01
Indicate all that apply:
FAX NO 0
FP 116196
33
CITY TO
RAP FOR PORTABL5 PORT CHEMICAL TOILET RENTAL SERVICU
ACKNOWLEDGEMBNT
THE STATE OF TEXAS
COUNTY OF DENTON
Iii it nd ers Igned a r this 1WP becomes t h o prop ort t hb ef ty 0 f De 11to11 a new 1116 0 M 0 1 a I Open i D
The, undorsigind arrivills 110 Ims falliiflarizod x1111 -%V1111 tho to l Conditions wide Nv1t1 1i t1ty ivwk, Is to be
perfoji d; satisilled lihnself of the conditions of cli err, handfing tan d storago of cquipment aria oil olljor 111 tH
a
IIint 1imy b o Iii el do n(al to t I ie wo r , b of4ro i ibi nitt i ng a prop osa1.
Tire undersigned a rocs, 'if this pilopo al is c %)t d, to ivalsh any iind all items oryl s 111)011 Which prices nre
offeved, at 1110 pri and upoll (110 tills 1111d 0011 lif fol's 0011(zifl I fil tho cf ratio -us, The peiiod for acceplauce
dills Prop 0S a I wj 1I b G .I1 11 t 01004 r days uri[ S a 4 lffcr t 1)0r1od 15 114 c :
'File 1111 crsi n d affirm (1141( they are it) ly authorind -t O'noute tills contract, (lint flils RFP has not been propucd hi
oIIitsion %vi111 airy ofIier Bidder, nor ny omp10 o h it # o `Dentoil, a nd III at- th6 co-11 to 11 t of tl11s REP Savo 110t
en con inuiji1 t t� an o i i e r prop os r or € n ciii to co oftli It iiton ioi- to 1lo o� Ea1 �1) 11jjj
this 1.
s]) on I I t I w0by assigns to the City a Ily and n11 cl RiIns for overcharges associated wi(h this contract- NOIch ar ise
u lid or t1 10 a11fitrust laNvs of thQ ul I Ited Slates f 5 USCA 8 cctlan I t a,, ft lid AvbIch a v1 se iindor tho nati#i- st Inv of
(tic Cato ofTexfis, Tox. Bits. & Coni. Codo, Section 15.0 1) q.
T iid rsigiic 1 ffilmis t I i a t t hey have read n o und erslaud the sp e6fl ca Iions an d a ny attaeb men) ( con(aitic d hi
A b 1 s* RFP pac �
The widersigued arcs Ilia the, RFP posted on i1w w6sito are tlm offlolal specifluttions acid sholl not alter 1.110
ofee(rollic copy of d1e, s of canons an(Vor pricing sheet (Exhibit 1), i0thout lolearly Identifying hall e .
'' h e u ade rsign c i i i ud ex W n ds I l ril I b e i s onsibie fornion'toring 11io City of Donton Purodinsing W b ito at:
I t v �r to i cue t i e,
to ensure 11my haye dowilloadod and signed all jadden hum
req tiired for su bin Is ion wldi tlicilr prop os it 1.
f
Should a cojiflict avise belmon 11jo , Supplier (01111% or o p t; tho t0riM And condi lops set follh in this RFV
1' l' -11l t 11lo 111 de 110 w *111 fu l 1111 repres 11 tat 1011 111 tilt rop0SA ub1111s l y), 11,or 110 v I witl11161111form t 0)1
in uly statemevils and answers to questions, I am ownyo 11int tho inform tion given by me In (his proposal will' be
Invostigated, with illy ffill Poullission, and that my misrepresontations 01, Omissions may lis ilia PrOP0861 to
NA M ► �., ? f
�. I * y 3 rr zsa % r_1 tames-. � r .rst IL r",w V -2 ■�-
UiviNd Site Servicos of Texas, 1110. Signaturc
2617 Wi11dWbrobk Roach Date 1:5 t L
7100 0011Q1,01 C01111601 &
Tel, No. 972 - 877 -4653 Fax No, 214-351-9154
RFP 46195
3
}
Reference Sheet:
City of Grand Prairie
326 W MAIN
Grand Prairie, TX 76050
Contact - Danny Boykin
(972) 237 -8084 phone
dyk1 @tx.F
City of Euless
201 N Ector
Euless, TX 76039
Contact - Randy Smith
(817) 686-16633
r 'th@ouloss.-ciov
smi
Salesmanship Club
106 East 10th Stroot Ste 200
Dallas, TX 76203
Contact —Brad Howland
(2'i4) 549 -8791
b orc�
Cowboys stadium
One Legends 'fey
Arlington, TX 7601
Contact — Scott Woodrow
(817) 892-4147
swoodrow@da[lascowboy_s.not
3
EXHIBIT E
SUPPLIER'S PROPOSAL.
RFP 5195 - Final Pricing
Description: P 0 l TABLE CHEMICAL TO ILET RE NTAL S El VI CES
The respondent shah complete the folio wing section, which directly corresponds to the specificat'ions. The contractor shall not make chonges to this f rinat.
Product Pr vosal Pri inct (FOB DESTINATION):
ItGM #
E T- UNITS
Product Description
PER YEAR
U0m
QTY
Unit Price
Extended Price
SECTION A- STANDARD AND HANDICAPPED RENTALS
1
10
EA
12
Standard Portable Chemical Toilet Rental
58.00
6X0.00
EA
12
Handicap Portable Chemical Toilet Rental
93.00
48.00
1
EA
12
ACA Compliant Handicapped Portable Chemical Toilet Dental
98.00
1,176.0 0
SECTION B- TRAILER MOUNTED RENTALS
4
2
FA
t2
Trailer Mounted Portable Chemical Toilet Rental �jobsite or off-
roadway towing g only
103.00
2,472.00
SECTION D - ACCESSORIES IES AND ADDITIONAL SERVICE FEES
1
EA t
Hand So niti erdispenser and sanitizer
59.00
58.00
EA I
Sink
88.00
88.00
7
1
EA I
Additional Service beyond required weekly service (price is per
servicing)
$ 15.00
15.00
t
o ,1
1 eloca lion fea to move standard unit within the City Limit (price
is per relocation)
$ 15.00
3
$ 15-00
0
,1
EA ,1
relocation lea to move hand apped /ADA units vlt€� in the city
irnits ( price is per relocation)
$ 1.00
1.0
SECTION D- SPECIAL EVENTI'VEEEND RENTALS
10
1
DAY
1
Standard Portable Chemical Toilet Rental Dally Rental Fee
$ 7.00
$
11
1
WK
1
Standard Portable Chemical Toilet Rental Weekly Rental Fee
75.00
75.00
12
1
DAY
1
Handicap Portable Chemical Toilet Rental Daily Rental Fee
13
1
V K
1
Handicap Portable Chemical Toilet Rental Weekly Rental Fee
14
1
DAY
1
ADA Compliant Handicapped Portable Chemical Toilet Daily
Dental Fee
90.00
$ 90.00
Is
I
1
ADA Compliant Handicapped Portable Chemical Toilet Weekly
Rental Fee
90.00
90.00
16
1
EA
1
Optional additional servicing beyond required twice daily cleaning
(for items 11 -1)
$ 20.00
0.00
Ptirated Delivery AR (hours)
24 hours
DATE (4,.MIDDNYYY)
►� �
CERTIFICATE OF LIABILITY INSURANCE 07/25/2013
THIS CERTIFICATE IS ISSUED AS A MATTE DF INFORMATION ONLY AND CONFERS NO R[GHTS UPON THE CERTIFICATE HOLDER. THI
CERTIFICATE DOES NOT AFFIRMATIVELY DR NEGATIVELY AMEND, EXTEND D ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE TATIVE I PRODUCER, AND THE CERTIFICATE ATE HOLDEI .
IMPORTANT.- if the certificate holder is an ADDITIONAL INSU ED$ the p ll y(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement( ).
PRODUCER
1-212-295- 800 0 CONTACT Olga Caro
Integro USA Inc. PHONE FAX
dba fntegro Xns ranee Brokers Na Ex Q! (212) 295-5430 AJC � 1 } 295�5�3�
1 State Street Plaza Ap IL olga . caro@integrogroup. cost
9th Flaor
3e�r York, I�*.� X0004 INSURER IS) AFFORDING COVERAGE NA[C #
INSURER A : SAFETY NAT CAS CORP , 15105
INSURED INSktFtEF2 B . NORTH AMER ELITE INS CO 29700
[united Site services of Texas, Inc.
INSURER
2617 Willowbrook road JNSURER o
kNSURER NSURER t! -
Dallas T €} 7522
F
COVERAGES E CERTIFICATE Hll 130 : 34894595
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To THE II BUF
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
CERTIFICATE MAY BE ISSUED OR MAY PERT'AK THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED ED BY PAID L lk i%<
NSR ADDL SUBR POLICY EFF POLICY E P
LTR TYPE OF IN U ANC POLICY NUMBER MrAfDDN MMMD
A OENERALLIABILITY GL 4047358 11/03/12 11/03/13
COMM EMAL G ENERAL LrABILI Y
CLAIMS- &+LADE P] OCCUR
GE LAGGRE ATE LlMffAPPLIE PER: F P3L PRO- LOC
D
CAS 404739 ii/03/12 11
+ AUTOMOBILE LIABILITY
ANY AM
}X ALL OWNED SCHEDULED
ALTOS AUTO
rx NON-OWNED
HIRED AUTOS AU--OS
B X UMBRELLA LIAB X OCCUR H2UO000281 -02 11/03/le 11 t}3 1�
r=XCE S LIAR CLA1M • %BADE
BED RUt=NTION
A WORKERS COMPENSATION X LDS 04 7 '7 0 ADS :L-1/03/1'9 11/03/1.
AND EMPLOYERS' LABILITY YIN
ANY PROFIRIETCRIPARTNE XECk]TT E � MIA:
OFFICER[ E �BER EXCLUDED?
(Mandatory in NH)
If esx deson -be under
DESCRII'TIO OF OPERATIONS #eb
DESCRIPTION OF OPERATIONS I LOCAVONS I VEHICLES (Attach ACORD 104, Additional Ra marks Schedule, it more space Is fequire€ )
Re; File 5195-
City of Denton, its Officials, Agents, Fmplcyees,and Volunteers are included as addit;
overage ie Primary and Non-Contributory. 30 day notice of cancellation applies.
CERTIFICATE HOLDER
City of Denton
Materials Management Department
901E Texas Street
Denton, TX 76209
CO D 2 (2010/05)
Lynda.Volpe@integrogroup-coIn-ItY
3489#595
CANCELLATION
Dr-All in" Mr T"PIE -R.
:0 NAMED ABOVE FOR THE POLICY PERIOD
DOCUMENT WITH RESPECT TO WHICH THIS-
HEREI IS SUBJECT TO ALL THE TERMS,
LIMITS
EACH OCCURRENCE
1,000,000
DAMAGE M RE WED
300,000
PREMISES (E a xrertce
ME D EXP (Any one person)
$10,000
P ERSO M & ADV I NJU Ry
1,000,000
GENERAL AGGREGATE
$2,000,000
PRO Dt}DT • COMP/OP A
2, 0 0, 0 0 0
COMBINED SINGLE LIMIT
E acaden
BODILY INJURY (Per person)
I3001LY It JURY (Per acciderit)
PROPERTY DAMAGE
Per a ddent
EACH OCCURRENCE
S 1,000"000
AGGREGATE
S 1, 000, Oe0
X IC STAT - c H-
TORY Ll NAFfS
E. L. EACH A CIDE
1"000,000
E.L. DISEASE* - EAEMPL `f
1,000,000
11.IDISEASE - POLICY LIMIT
1,000,000
anal Insured.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION }ATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRE ENTAUVE
USA
1980 -2010 ACO RD C 0 RP 0 RATION. All rights reserved.
The ACORD name and logo are registered marks of A CI D
POLICY NUMBER' GL 4047368
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES OR
CONTRACTORS,--, SCHEDUL ' ED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following-
COMMERCIAL GENERAL LIABILITY COVERAGE PANT
SCHEDULE
Name Of Additional Insured Person
Or r ani a i n : Location(s) O Of Covered Operations
As required by written contract or agreement
when such written contract or agreement is
executed prior to an occurrence, offense or
loss to which this endorsement applies, but
only for the' limits agreed to in such con-
tract or the Limits of Liability provided by
this policy, whichever is less. Any indi-
vidually scheduled additional .insureds shall
not be construed to override nor negate this
blanket additional. insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 - who Is An Insured is amended to
include as an additional insured the persons or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury,
caused, in whole or In part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
B, with respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does net apply to "bodily injury" or
11propert damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insureds at the location of the
covered operations has been completed; or
2. That portion of " your work's out of which the
injury or damage arises has been put to its in-
tended use by any person or organization oth-
er than another contractor or subcontractor
engaged in per-forming operations for a princi-
pal as a part of the same project.
CG 20 10 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 13
POLICYNUMBERGL 4047368
COMMERCIAL IAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. . PLEA E DEAD IT CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES OR
CONTRACTORS,— COMPLETED OPERATIONS
F This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location And Description Of Completed Operations
As required by written contract or
agreement when such written contract or
agreement is executed prior to an occur-
rence, of ense or loss to which this
endorsement applies, but only for the
units agreed t o in such contract or the
Limits of Liability provided y this
policy, whichever is less. Any individ-
ually scheduled additional insureds
shall not be construed to override nor
negate this blanket a.dditi nal 'insured.
Information re aired to complete this Schedule, if net shown above, will be shown in the Declarations.
Section 11 --- Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam-
age" e" caused} in whole or in port, by "your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the "products - completed
operations hazard'.
CG 20 37 07 04 @ ISO Properties, Inc., 2004 Page I of 1 Cl
POLICY NUMBER: GL 4047368
COMMERCIAL GENERAL LIABILITY
CG 4049
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name of Person or organization:
Any person or entity with whom you have agreed in a written contract executed pri-
or to loss, but only for the limits agreed to in h contract or the Limits of
Liability provided by this policy, whichever is less.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer of
Rights Of Recovery ry Agarins others To Us of
Section IV Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
move because of payments we male for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 0 Insurance Services Office, Inc., 2008 Page 1 of 1 13
THIS END.O.RSEMENT CHANGES THE -POLICY. PLEASE READ IT CA EFULLYi
DESIGNATED ADDITIONAL INSURED
This endorsement mod1fles insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIE . ERA FORM
SCHEDULE
Name of Additional Insured Peron(sLor.Orq Ia #Ions
net t d Site Services 'Parent Hold.ing Corp . ,, and USS Intermediate Holding
r . � and any person(s) or organization(s) as r quire bar written.contfact.
CHANGE
The below language. Is added to Paragraph 1. who Is An Insured of SECTION I['— LIABILITY - . V I A
within each of the above. referenced G rer ge Forms ex dept GARAGE COV�RAGE FORM,
or is added to Paragraph 3. 'Who Is An Insdred of SECTION II — LIABILITY COVERAGE Wthin 'the GARAGE
COVERAGE FORM.
The person( or organizations) shown In the Schedule above vVith whom you have agreed In a written
contract to provide in ura:nc such . afforded under this Coverage Form= is ' .Included as an Additional
Insured subject to the below: t
1) Insurance for such Additional Insured(s) scheduled above shall be afforded only to the. extent that such
Additional Insured Is liable for "bodily 'Injury or "property damages arising out of your operations and
resulting-from .the ownership, m aln tenac ce or use of covered `�aotos" by you while the coVer d "autos" are
on premises o wned or-leased by the.-above scheduled Additional I r ed .
The insurance afforded under this Coverage Form to sudh Ad iti n l Insured (s) applies only:
If the " ecident' takes place, subsequent to the execuflon and effebtive date of such written contract':
and,
) Wh!le suqh wfitten contract is in force, or untll the end of the policy period} whlc4 ever occurs first.
3 How Limits Apply to- Addi Tonal Insured(s)
The most we gill pay on be ha.lf- of the Additional Insureds) scheduled above is the Jesse r. of:
The limits of Insurance specified in the wri#ten co 'ntract.or written agreement} or,
( The Limits of Insurance provided by the Coverage Form.
The amoont we WII pay on behalf of such Additional Insured(s) shall a. part of, and net in .tot
the Limits of Insurance shown in the Coverage Form Declarations and described in this s ctlon. Such
-amount gill thus not increase the Limits of Insurance showrl for the Coverage Form
4 - �co#uslons
fi
This nddrsernent pi es not. - apply to flabifit' of the Additional Insured w loh arises out of 'the
owifership of tra sp rtation operating rights -granted to the. Additional Insured by public authority.
( This. endor8ement do68 neVaP l 'to the liability of the -owner or' anyone else from. Who: m- y'o'u hire or
borrow a covered auto,
SNCA 026 111 Safety National salty Corpor6tion Pagel of
IS ENDORSEMENT HA ES THE POLICY. PLEASE READ IT CAREFULLY.
Obligations at the Additional isured's Own Cost
No Addiflonal Insured will, except at their own coM, voluntarily make a payment, assure any obligation,
or1n r any expense, other than for first aid, without our consent.
The Additional Insured(s) scheduled ab.ove shall IJ6 subjectlo-all other conditions set forth in the Coverage Form.
This endorsement does- not a Itercoverage p.roVid0d in. the Coverage Form.
This- erWor erient charges the policy to which it Is .attached and is effective on the date issued unless: other sa stated.
(The MO. rmati n below is requ ire d'only when this e nddrs e' me t Is issued subsequent to preparation of the p tier.
Endorsement Effective 11 03 %2012 Policy Flo. 047 -369 Endorsement'No.
Named Insured UNITED STTE SERVIC2S, INC.
PreMIUM-$ Included
Insurancf§ Company Safety National Casualty Corporation
Cbuntersigned By
SNQA 026 1111 Safety National Casualty Corporation 'ago 2 of
THIS ENDORSEMENT Lx ANGE THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF R1. GHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESS ALTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAM.AG.E COVERAGE'FOR M
GARAGE COVERAGE FORD
MOTOR CA IE COVERAGE FORM
SCHEDULE
Name Of Person or Organization:
' s "Blanket" a -is required bar written contract ae Or written e agreement when such
wriLt=e contract or written agreement is executed prior tb an' ".accident", ghat
rtsults from Hers maintenance or use of covered llautwll.
Any individually s.cheduled vaive s shall not be construed to override-nor negate
this "blankets aivertl'.
InformbfionFequired tv cow l to this Schedule, if not shown above, will. be shown In the Declarations.
CHANGE
a rag rap h 5. Transfer Of Rights Of Recovery Against 0 the r To Us e . the A. Loss- Co n di ions section wjthi
the CON D ITIO NS section of 6, c of the: referenced o- veraQ a Forms Is .a m ended to include the' ollowln :.
We waive any right of recovery we. may have. against the person br or a i tlon shown in the schedule
above b eau, e o payments we make for 'bodily Injury' or "property dame a -" to which this Insurance
applies, loused by. an "accident' and resulting from thie a ner h1px Maintenance. of 'use of a ov'e' red
"auto". This walv.er applIes only to the person or organization shown In the Sdhedule above.
This endorsement changes the policy to which it is attached and I effective. on the date Issued unle s.'othe of a slated.
The information below I required or l r f n this endorse a - I Is uad s ubs'e'qucifi t to. preparailon of. the polIcy.
Endorsement Effective: 11 0 12'' Poltoy lie. CAS4047369 Endorsement No.
Named insured: UNIT SITE SERVICES, I
reMiur . Included
Insurance Company safety National Casualty corporation
Countersign0d By,
SN.CA 027 1111 Safety Na'flonal CasOafty Corporate -on Page I of 1
a
{
WORKERS P 1SATI AND EMPLOYERS LIABILITY INSURANCE P LI Y W. 00 03 13
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERSENDORSE'MENT
We have the fight to. recover our payments from anyone liable for n injurer covered b this policy. We ' J1 not
enforce our sight a �inst the person or organization ra r e In the Shed. ie. This agreement applies only to the
extent that you perform work under a written contract that requires you t o obtain this ree a 'nt from us*
This agreement shall riot operate directly or Indirectly t. b6fl ef€t anyone not Hawed in the Schedule,
SCHEDULE
WHEREA WAIVER OF OUR RIOUT TO RECOVER O OTHERS S REQUIRED BY WRITTEN CONTRACT,
SUCH ADDITIONAL EN'M'ITIES SQL BE CONSIDERED AUTOMATICALLY SCHEDULRD8Y THE
COMPANY.
INDIVIDUALLY SCHEDULED WAIVERS SHED NOT BE CONSTRUED-TO OVERRIDE NEGATE THIS
BLANKET WAIVER.
This endorse eht changes- the policy to whi h it -is af#ac d a€nd is effective on the date issued unless otherwise stated.
(The Inf6rima ion beIow is required only+ when this endorsement Is issued s u bs equen to -preparation of the p oiioy.
End ese ent Effective, 11/03/2012 Poilcy No.. LDS 7 3.7.0 Endorsement No.
Insured UNITED SITE RVIiMS. 1- Premium Included
Insurance -Company S
Safety National casualty Corporation
WC 1 (04-84)
1983 Na tionaI 0unelI on C ompensation insurance.
Countersigned By :• °`+ }
Page, I of 1