HomeMy WebLinkAbout2014-178ORDU14ANCE NO. 8
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR CONSULTING SERVICES RELATED TO THE ESTABLISHMENT OF A
REGIONAL MUNICIPAL SETTINGS DESIGNATION FOR THE CITY OF DENTON;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFQ 5513-AWARDED TO MODERN GEOSCIENCES, LLC IN THE NOT -
TO -EXCEED AMOUNT OF $185,100.
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
consulting services relating to the establishment of a Municipal Settings Designation for the City of
Denton in accordance with the procedures of State law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
S] C"DON 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFQ
NUMBER CONTRACTOR AMOUNT
5513 Modern GeoSciences, LLC $185,100
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under RFQ 5513 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved proposals.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ' j°day of 2014
r
i
C 13Jis WATTS, MAC O
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
y�
M1urmwKi 1ma-1 DwLv
CONTRACT AGREEMENT #5513
BY AND BETWEEN
CITY OF DENTON, TEXAS AND MODERN GEOSCIENCES, LLC.
THIS CONTRACT is made and entered into this 1. f day of June 2014., by and between
MODERN GEOSCIENCES, LLC.. a corporation, whose address is 1904 Industrial Blvd, Suite 107,
Colleyville, Texas 76034 hereinafter referred to as "Contractor," and the CITY OF DENTON,
TEXAS, a Texas Municipal Corporation and Home -Rule City, hereinafter referred to as "City," to
be effective upon approval of the Der4on City Council and the subsequent execution of this
Contract by the Denton City Manager or his duly authorized designee.
WITHNESSETH: That for and in consideration of the payments, covenants and agreements
contained herein, and under the conditions expressed in the bonds attached hereto, Contractor
��r_aw� ic ecified within the
agreement, in the amount of $185,100.00 and for the mutual benefits to be obtained hereby, the
parties agree as follows:
Contractor shall provide construction services in accordance with the City's RFQ# 55
and the Contractor's proposal in response thereto, a copy of which is on file at the office of
Purchasing Agent and incorporated herein for all purposes as "Exhibit A — Exhibit 111. The
g
the followin items which are attached hereto and
incorporated herein by reference:
(a) Contractor Proposal to RFQ#5513 — Tasks and Pricing (Exhibit "A")
(b) Required Scope of Work and Services (Exhibit "B");
(c) Contractor Payments and Perforrnance Milestones (Exhibit "C")
(d) City of Denton Standard Terms and Conditions and Contractual Requirements
(Exhibit
(e) Special Terms and Conditions (Exhibit
(f) Insurance Requirements and Documents from Contractor (Exhibit 'IF");
(g) Contractor's Business Information (Exhibit
(h) Contractor Response to RFP - Conflict ofInterest Questionnaire (Exhibit "H");
These documents make up the Contract documents and what is called for by one shall be as
binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of
J,J�j jj enj jhe inconsistenc or conflict shall be resolved b i i V. ivin precedence first to
By:
— - L
m
'r 0
NUNN== =JW11 "
By:
Modj�,m Gooscietices, LLC.
-
By:
THR, -ih 6� §Jij -TURE
I a
TYPED NAME: Kenne 'I T amill I
TITLE: Pr in
PHONE NUMBER
E-MAIL ADDRESS
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
Bye",
G E C. CAMPBELL
CITY MANAGER
i §'+
MODERN GEOSCIENCES
Tf>.JF.:TE'D FYuYa%isONaeflEPb't'A'G.A`isM
ATE May 14, 2014
PROPOSAL P1 079R
ATTN Mr. Elton D. Brock, MBA, CTPM, CTCM, C.P.M.
Manager, Material Management and Purchasing
City of Denton
Texas Street
Denton, Texas 76209
SUBJECT Proposal for Environmental Services
Municipal Setting si nation ( ) Support
Denton,Texas
ebids@cltyofdenton-com
2014 notification that Modern was selected as a finalist In the evaluation process for RFQ No. 5513. Our
proposal Is based on the 10 tasks outlined within our April 24, 2014 Statement of Qualifications.
The following sections provide our understanding of the proposed project, scope of work, fee and schedull
City of Denton Standard Purchase Terms and Conditions.
complete one or !r Y. Setting Designation ! encompass Y property owners
within the Downtown and Central Business districts. Having worked on several large multi -property MSDs,
Modern has prepared the following project approach and methods to complete the effort efficiently. In
addition to the proposed scope/costs presented herein, we understand that Individual tasks may change or be
expanded If desired by the City. if additional services beyond those proposed are needed, Modern has included
our current rates for common labor or expenses.
SCOPE OF SERVICES
DEVELOPTASK 1: AREAS
The City will need to define a target area where an MSD would be advantageous based on the historical
operations in the area, known environmental impact, and the need for support to ongoing economic
development using an MSD. Beginning with a larger area will allow refinement to the final footprint as the
process evolves,
PROPOSAL , 1., 1
an' ,Rh�y
AMP
MODERN GEOSCIENCES
�k�AROI'iM F Wm, A VY15DR4
Modern will utilize existing Geographical Information System (GIS) from multiple sources (City and non -City) to
understand the types and number of landowners within the proposed MSD. This central GIS framework will
inform both environmental data needs as well as outreach needs, Modern has anticipated a limited amount of
professional labor and expense to pull together the available GIS data, assemble a working geoclatabse and
meet with City staff on the starting Target Area(s).
TASK 2: DEVELOP PRELIMINARY ENVIRONMENTAL KNOWLEDGERASE
A summary of all applicable i environmental reports available to the City or known key stakeholders in the M
area will be produced by Modern. In addition to this, a review of historical property use documentation (e..
Fire Insurance Maps) as well as review of current regulatory database Information will be included in t
preliminary step. All of this Information will then be evaluated by a Professional Geoscientist to not o,nn develop Initial groundwater Protective Concentration Level Exceeclance (PCLE) Zones [A requirement to rec el
MSD certification from the Texas Commission on Environmental Quality (TCEQ)] but also to enter In
geoclatabase developed to work within the GIS data previously collected. Additionally, the geodatabase
then be available to the City to help inform future utility or construction activities as well as possible regulato
or development activities,
Modern will also obtain the required water well information, retail public utility information, and not:12"
information as set forth by the Texas Health and Safety Code Chapter W, Subchapter W. These elements will
required by the TCEQ to certifV the MSD. In addition to the well and notice records research, Modern
complete a review of regional geologic Information to further Inform the process. I
Modern has anticipated a limited amount of professional labor and expenses based on similar efforts to p
together and review the referenced historical, registered well, and notice records available. An estimat
number of professional hours for prior report review and updating the working geoclatabse have also be
licluded.
TASK 3: COMMUNITY OUTREACH
Modern will support City staff with community outreach, This may Include both direct visits with possible
stakeholders who are significant landholders (Le., independent school districts, county, or private entities) as
well as notice to property owners within the proposed MSD for attendance at public meeting(s) where the
current environmental information can be presented as well as the reasons an MSD would benefit them by
removing common barriers to redevelopment. If the City requires that the applicant provide a declaration that
they have "legal authority to restrict the use of groundwater on the designated property," both the stakeholder
IM 1111,11 M111 "01111101-M.T.T.2 MW 4-N
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 76034 1 F 6812211593 1 P 681223,1322
PROPOSAL P14079R I MAY 14, 2014 1 PAGE 2
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IMP
MODERN GEOSCIENCES
TRUSTED ENIAROMMENTALA
entity, an ) share any existing environmental data that can help inform the environmental geodatabase for
the MSD area.
Modern has anticipated a limited amount of professional labor and expenses to complete this task. Up to two
entity visits R two public been antici# . - #
gatheredTASK 4: UPDATING ENVIRONMENTAL KNOWLEDGE13ASE — Modern will update the growing environmental geodatabasc
using records pulled from the TCEQ for properties within the IVISD and noted during Task 2 as well as any data
fromof ! provide # r f c#
complete Task 6 (City Application). If directed by the City (optional), additional Investigation could be completed
&o.flication. Additional investi(lation has
not been '! for this #lV#
TASK 5: FINALIZATION OF BOUNDARY
Mode i rn . will coordinate with a selected survey firm to complete the legal description and metes and bounij,
Modern has Included our estimate to coordinate the completio of the M
using a firm we have utilized on several multi -parcel MSD efforts. However, this can be coordinated by the C!
If desired. For the purposes of this proposal, a single large MSD boundary has been assumed for estimati
I`i i l� �•rr�'�i
TASK 6: CITY IVISD APPLICATION
Modern will prepare a draft of the MSD Application for review by applicable City departments. This will include
all elements outlined by the Denton Code of Ordinances, Chapter X, Section 26 Part 273(b) and In accordance
with applicable elements of the City's MSD Checklist. This will specifically include (among other Items):
PCILE Zones and flow direction �as
known), current property usage, description of the chemicals of concern, tabulated data, conclusion by a
Professional Geoscientist concerning plume stability or exceedances with an MSD, anticipated sources of
2roundwater PCLE Zones, summary of regulatory status for MSD properties, and required water well
�ocumentatlon, IncludIng a draft notice letter and an electronic list of well owners, retail public utilities,
municipalities or others as required by the Texas Health & Safety Code
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 76034 1 w 682.2231593 1 P 632.2211322
PROPOSAL P14079R I MAY 14, 2014 1 PAGE 3
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MODERN GEOSCIENCES
TRUSTED EWRONMENTALADMSORS
TASK 7: COMPLETE CITY MSD REQUIREMENTS
After all comments from the City have been received, the MSD Application will be submitted. This will include a
finalizing of the MSD Target Area (Boundary) and associated well resea rch/map ping, Modern will also develop
A registered Professional Engineer or Geosclentist familiar with the MSD application will attend the public
meeting and City Council hearing, and will present information and answer questions regarding the application.
Modern will provide additional supporting information as necessary based upon the comments in the
meeting/hearings. Modern will attend all required public meetings and hearings for the MSID ordinance to be
passed. I
Modern has antidpated a limited amount of professional labor and expenses to complete this task. This has
.ncluded the City's MSD Application fee and assumes up to 800 individual well owners will be noticed.
TASK 8: NOTIFICATION EFFORTS
Modern has assumed performance of the initial notices outlined in Section 273(b)(6) to facilitate the tracking of
items a, b and c which are required by the TCEQ for certification. Following passage of the City's MSD
Ordinance, Modern will complete the necessary notification requirements using our experienced staff sensitive
to TCEQ's tracking and documentation requirements. In addition, Modern will visit with any municipalities or
retail public utilities from whom Resolutions of Support are required. Notice documentation and the
Resolutions are required by the TCEQfor certification of the MSID.
Modern has anticipated a limited amount of professional labor and expenses to complete this task. Based onW
1-C-9
T
will be required to complete the MSD effort. The final number will be determined by the final MSD bouncla
and proximity to wells owned by either cities or entities with a TCEQ Certificate of Convenience and Necessity.
TASK 9; TCEQ MSD APPLICATION
Modern will prepare the MSID Application for the TCEQ with all required supporting documentation from the
prior steps In this process. Additionally, Modern will communicate with the TCEQ MSD Coordinator to solicit
input early in the process to minimize questions at the end of the process.
Modern has anticipated a limited amount of professional labor and expenses to complete this task. This has
Included the TCEQ MSD Application fee.
TASK 10: PROJECT DocUMENTATION
eeodatabase Information for the City, Where the appropriate data is available, the final project documentation
can also Include the next steps anticipated to complete closure of Individual projects.
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 76034 1 F 681223.1593 J P 682.2231322
PROPOSAL P14079R I MAY 14,2014 1 PAGE 4
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MODERN GEOSCIENCES
TRUSTED MRONML'NTXL AMORE
44 4- ♦ .. 4i !' •'fi ♦!' ♦ R ♦ i♦ i R ♦ fir:
Additional costs might be incurred if the assumptions presented earlier are not correct. In the event that
the additional cost. Modern will not exceed the authorized amount until written approval from client has been
received, The estimated project budget is summarized in the table below. A rate sheet has been prepared and
attached to this proposal should additional services be requested by the City.
! •i
Consulting Labor
,70
General Task Expenses
1,900
Subtotal:6,600
Task 2! Develop Preliminary Environmental Knowledgebase
Consulting labor
5,00
Consulting Labor— Data Review/Geodatabase Development
$ 5,500
Historical Resources (Fire Insurance Maps for Target Area)
$ 6,500
Regulatory Resources (Regulatory Listing Research)
2,50
ell D Records (Excluding Notice Address Data)
8,0
General Task Expenses
$ 1,400
Subtotal:
29,400
Consulting Labor
,00
Consulting Labor— Public Meetings (2)5,000
Consulting Labor— Private Party Meetings (2)
1000
General Task Expenses
$
2,400
Subtotal:
17,400
Task 4: Updating Environmental Knowlegease
Consulting Labor
3,500
Consulting Labor — Data Revi ew/Geodata base Development
7,000
Additional Regulatory Records (TCEQ File Costs)
$
2,500
General Task Expenses
00
Subtotal.
$
13,800
1904 INDUSTRIAL BLVD,, SUITE 107, COLLEYVILLE TEXAS 76034 ! F 682123,1593 ! P 82.223.1322
PROPOSAL P14079R I MAY 14, 2014 1 PAGE 5
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alff'b- , 'Ka
30,
MODERN GEOSCIENCES
TRUSrFD ff"RONMENWADM501%
ESTIMATED PROJECT BUDGET (CONT'D)
Task 5: Finalization of the MSD Boundary
Consulting Labor
MSD Boundary Survey (RPLS Seal, figure and metes and
bounds)"
Weil/WUD Records (Notice Address Research)
General Task Expenses
Subtotal:
Task 6/7: City MSD Application and City MSD Requirements
Consulting Labor
General Task Expenses
Application Fees"
Subtotal:
Task 8: Notification Efforts
Consulting Labor
Retail Public Utility/Municipal Resolution Pursuit
(Est, 6 x $2,000ea)
Task Expenses — Notice Tracking/Documentation
(Est, 800 owners)
General Task Expenses
"A'Mmm
Consulting Labor
Application Fees"
General Task Expenses
Room
$ 91500
$ 2,500
$ 6,000
$ 18,000
01�
$
2,700
Subtotal: $
31,700
$
6,000
$
1,500
$
2,700
Subtotal: $
10,200
Task 10; Project Documentation
Consulting Labor (Est. 12 Mo. Reports) 12,000
Consulting Labor — Final Documentation $ 4,500
Task Expenses $ 2,400
Subtotal, $ 18,900
TOTAL: $185,200
"These costs have been estimated for this proposal for subcontracted
services. If the it wishes to contract directly, these can be subtracted
from our estimate.
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 76034 1 F 682.2211593 1 P 6821211322
PROPOSAL P14079R I MAY 14, 2014 1 PAGE 6
www,MODERNGEOSCIENCES.com
MODERN GEOSCIENCES
TRUSTED ENVIRONMENTAL ADVISORS
A general timeframe of anticipated project milestones are included below, These project milestones are based
our prior experience with similar projects, but subject to change based on City priorities.
1. Includes a brief monthly status report as well as formal project documentation at the end of the effort (TCEQ-
certified MSD).
2. This projected milestone is for the submittal of the TCEQ MSD Application. The TCEQ has 90 days to respond with
any additional information requests. Modern has anticipated labor and expenses for this In the above costs.
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regulators, city staff, or other third parties that could delay the above project schedule.
ASSUMPTIONS AND LIMITATIONS
Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised
by other members of our profession practicing in the same locality, under similar conditions, and at the
Costs do not include additional investigation or regulatory reporting specific to a given regulated entity.
However, our rate sheet has been provided should additional efforts of this nature be required;
All information gathered during the services by Modern will be considered confidential and released
only upon written authorization of the Client or as required by law, State law may require a person to
inform the state If a situation Is encountered that can be considered an imminent endangerment to tht
Services only include those specified. As noted above, a limited number of well notices, retail publa
utilities, and municipal support efforts have been estimated. The final number for each of these will '
PROPOSAL P14079R I MAY 14,2014 1 PACE 7
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!S�
MODERN GEOSCIENCES
TRUSTIDI ADWSM
detaileddependent upon the proposed IVISD footprint. Other services related to vapor barrier design,
construction monitorine
or outside
the items specifically are not included; and
ri1�i.C•7;� •��i�[i7cl
if this proposal meets your needs, please submit an executed copy of the proposal to our office with the
required contract forms form the City. if there Is a need for any change in the scope of services described in this
proposal,,uested changes may require revision of the proposed .
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYVILLE TEXAS 7 034 1 F 682.221153 1 P 6 2.223,132
PROPOSAL P14079R I MAY 14, 2014 1 PAGE 8
wwwMODERNGEOSCIENCES.Com
MODERN GEOSCIENCES
TRUSTED ENVIROMMDUALAMM
We thank you for the opportunity to provide this proposal for environmental services and look forward to
working with you on this project. If you have any comments or questions concerning this proposal please
contact us at your earliest
Lisa MarinanRel
P JE ..I, SCIE 151
Kenneth Se Tramm, Phl3, PG, CHIVIM
PRINCIPAL
# # #M.JAR1111111t # t R # ? #
Name:
am
i nat rm. .
1904 INDUSTRIAL BLVD., SUITE 107, COLLEYNALLE TEXAS 76034 1 r 6812211593 I P 682,2231322
PROPOSAL P14079R I MAY 14, 2014 I PAGE
www.MODERNGEOSCIENCES.com
MODERN GEOSCIENCES
TRUSTED EWRONMENTALAWSM
MULMMEO��
Administrative Assistant
$60.00
hour
Draftlng/GIS Technician
$75.00
hour
Field Technician
$75.00
hour
Project Scientist
$85.00
hour
Project Manager
$120.00
hour
Senior Project Manager
$135.00
hour
Program Manager
$145.00
hour
Senior Program Manager
$155.00
hour
Principal
$165.00
hour
♦Witness (Deposition/Testlfying)
$275.00
hour
Mileage, 2 wheel drive
$0.65 mil
Mileage, 4 wheel drive
$1.10 mil
Reproduction - B&W
$0.25 pa
Reproduction - Color
$1.25 pal
Dedicated Bailer (PVC)
$1&00
ea
Sample Kit (Can vary by project needs)
$25.00
ea
Water Level
$75.00
day
PID - PPMV
$125.00
day
PID - PPBV
$250.00
day
FID
$195.00
day
4 Gas Meter
$85=
day
Water Quality Meter
$195.00
day
Peristaltic Pump
$115,00
day
Dedicated Tubing (Water)
$1.15
ft
Dedicated Tubing (Air)
$2.50
ft
Displacement/Baidder Pump
$250.00
day
Well Lock
$1S.00
ea
Scecialized Field Equlomeq_
Other Equipment TBE I
1904 INDUSTRIAL BLVD,, SUITE 107, COLLEYVILLE TEXAS 76034 1 F 682.2211593 1 P 682.223.1322
PROPOSAL P14079R I MAY 14, 2014 1 PAGE 10
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MODERN GEOSCIENCES
TRU'STF.0 V41ARON E10AL ASOBS
individuals assigned to support the project. Include State of rexas professional certification numbers for
individuals that will have design, Inspection, testing, and certification responsibility for the specift
Modern has several staff members who have successfully competed large MSD projects. However, we would
the challenge. More our proposed team to• Denton Is providedbelow.
iCA TED PROJECTEf
ProjectThe ! • key staff that will support1efforts:
J.J. Hollingshead, IVIS✓
✓
✓
✓
✓ ✓ ✓
✓
✓
2'3'
Kyle Wears
✓
✓
✓
✓
✓
✓
✓
15%
Zachary Tondre, MS
20%
Kyle Knight
✓
✓
✓
✓
✓ ✓ ✓
✓ ✓ ✓
✓
20%
Damon Johnson, PG
15
Kenneth S.Tr
✓
✓
✓
✓
✓ ✓ ✓
✓ ✓ ✓
✓
*50%
* It is not anticipated that the project will require more than 50% of any person's
schedule. However,
this will be increased if the project
requires this.
. RESPONSE TO DENTON RFQ NO, 5513 I APRIL 24, 2014 1 PACE 5
www, 0DERN E S IENS E&com
MODERN GEOSCHENCES
TRUSTED ENVIRONMF14TAL ADVISORS
PROJECT ORGANIZATIONAL CHART
....... . ......
IMMEEM
MODERN GEOSVENCES'EXPERIENCE
... . . ... .. . .. .....
Modern's staff has worked on over 30 Municipal Setting Designations (MSDs) involving impacted groundwater
at a wide range of facilities. The various sites have included properties with chlorinated solvents, pesticides,
polychlorinated biphenyls, petroleum hydrocarbons, and heavy metals impacts that would otherwise require
more extensive assessment and remediation, Your project will be coordinated by Modern's founder, Dr.
Kenneth Tramm, Dr. Tramm has assisted several Texas municipalities in developing procedural ordinances
allowing M5Ds and facilitated numerous public meetings to inform local communities on the purpose and
benefits of MSDs.
Modern has completed over 300 Phase I Environmental Site Assessments across Texas since forming in 2011 as
well as over 100 Phase 11 site Investigations, We have over 20 active Voluntary Cleanup Program (VCP) projects
?nd numerous other projects involving UST closure, air quality monitoring, vapor intrusion investigations, and
f, t , o r, t ii RESPONSE To DEN70N RFQ No, 5513 APRIL 24, 2014 1 MoE 4
www,MODERNGEOSC�ENCES.com
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MODERN GEOSCIENCES
TRUSrED ENIARONMENTALADVI
risk -based corrective action. We are based out of Tarrant County with over a dozen full-time staff focusing on
providing environmental solutions to our clients. Since our founding, we have had a distinct focus on supporting
P-L2 11111`111111unleift re2ulatory closure, and air quality concerns.
in addition to traditional soil, groundwater, surface water, and sediment, Modern has extensive experience in
soilgas and vapor intrusion evaluations which often require we go beyond the current regulatory criteria and
develop site-speclfic project goals, This Includes the development of building -specific model calculations using
state risk criteria and EPA -derived Johnson -Ettinger Model (JEM) methodology. In addition, Dr. Tramm
participated In the ASTM International (ASTM) ESO Committee's development of the original Standard Practice
for Assessmentof Ii 1■Intrusion1Stkuctureson Property Involved R ``f'EstateTransactions. {1 1:
mll�-
Vapor Intrusion1 IndoorPathway 1m Groundwatand Soilsce Vapor IntrusionGuidance)
developed by the EPA and the 2010 update by ASTM to their vapor intrusion guidance.
rR-rn's local staff has been +rking with TRRP since Its inception In 1996 with ! providira
comments Impacting the revision In 2006. This includes preparation of Affected Property Assessment Reporm
(APARA Response+Response•n Completion Re•+ '' and otherf
reports under the Texas Corrective Action, Innocent Owner/Operator, Petroleum Storage Tank (PST) a
Voluntary Cleanup Programs. We strive to find innovative solutions drawing from established precedents, f
use of site -specific Tier 2 and Tier 3 Protective Concentration Levels (PCLs), and sensible remedial approach
that meet ! • ! #requirements.
Key personnel to this project include Dr. Kenneth Tramm and Mr. Damon Johnson. Please see additional details
on • of each below.
ProgramMSD
EnvironmentalEducation
BS, Bio-Environmental Sciences, Texas A&M University, College Station, Texas, 1994
+ Engineering, University of + 1/
Phl), Environmental Science and Engineering, University of !, 2005
Registrations
Professional Geoscientist (PG), No.805, Texas Board of Professional Geoscientists,
Certified Hazardous Materials Manager (CHMM), No.114S1, Institute of Hazardous Materials Management,
Registered Brownfield Professional (RBP) No. RBPOO113 — Institute of Brownfield Professionals
Texas Department State Health Services (DSHS) Radiation Safety Off Icer (RSO) — License R35321
Certifications
OSHA 1910 HAZWOPER
RESPONSE TO DEMON RFQ NM 5513 J APRiL 24, 2014 1 PAGE 5
,. , www,MO EE EOSCI CES.co
MODERN GEOSCIENCES
TRUSTED ENVIRONMENTAL ADVISORS
CertifiedCertifications (Continued)
Certified Environmental Inspector, Member #EA01012
Environmental Specialist,!#EA01012
CPR and First Aid certification, American Red Cross
�• • i ! �, ! ! ! ! 11
f Texas Risk ReductionProgram • of ! ! 111'
Awards
RESPONSE To DEN ON RFQ No. 513 1 APWL 34, 2014 � PAGE 6
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MODERN GEOSCIENICES
TRUSTED ENVIRONMENTAL ADWORS
i is ■ /• t • # # # 1 R t
public. Typesof ► include undocumented landfills,plating
stations, dry cleaners, metal fabrication plants, furniture manufacturing facilities, former manufactured gas
R ■ R�rwlvftpxactivitleSr leadsmelters,, creosoto--
treatment
ponds, # pesticide plants.
Dr. Tramm has also provided Municipal Setting Designation (MSD) support on over a dozen projects to remove
the groundwater ingestion pathway in Texas under TRRP and move properties to regulatory closure. Many of
these have also Included the site-speclfic evaluation of vapor intrusion potential to ambient air and enclosed
structures. Specific project experience Is Included within the SOQ. i
brrillR M1 I!
Education
Registrations
Professional Geoscientist (PG), No.11067, Texas Board of Professional Geosclentists,
Certifications
� + ! ii ■ �i- - ■ 11
Mr. Johnson has over 12 years of environmental experience including environmental project management
(technical and financial), soil and groundwater assessment, data evaluation and representation, soil -gas vapor
Intrusion, statistical analysis of soil and groundwater data, data evaluation and representation, fate and
transport demonstrations, and soil and groundwater remedial actions.
Mr. Johnson also has extensive experience with subsurface assessments and remedial activities Involving TRRP
Including the preparation of SINs, APARs, RAPs, and RACRs through both the TCEQ VCP and Corrective Action
programs. Mr. Johnson's experience includes evaluation and assessment of various chemicals of concern (COCS)
including petroleum and chlorinated solvents, PAHs, Metals, and PCBs. As a LPST CAPM, Mr, Johnson has closed
numerous UST systems In Texas and performed subsurface assessment and reporting for PST releases under 34,
TAC §334 (PST rules). Mr. Johnson frequently interacts with the TCEQ and is able to balance client and
regulatory requirements to develop successful closure strategies. Mr. Johnson has completed over 104
environmental due diligence reports (Phase I ESAs and Phase 11 Site Investigations) and has provided Municipal
Setting Designation (MSD) support for regulated facilities located in the north Texas area.
��.� RwoNsE To DENTON RPQ2 No. 5513 V AwRTL 24, 2014 V PAGE 7
Imm I
The City of Denton is seeking the services of a consulting firm/team with experience in establishing
large Municipal Setting Designations (MSDs) that encompass multiple property owners. The
consultants will provide technical and regulatory support in order to establish a municipally
sponsored MSD for properties generally located in the Denton Downtown and Central Business
Districts. The final boundaries of the MSD have not been established, but are anticipated -4-
encompass approximately 150-200 acres.
The Denton Downtown and Central Business districts have experienced a variety of uses over the
last century. Historical uses include industrial and commercial business of various kinds,
manufacturing, automotive %fles and servicing, fueling stations, rail transport, and numerous other
types of busineses. The w-ca Is chmacterized by shallow groundwater, generally at depths, that are
near the surface to approxinuitely 25-30 feet. Historical uses appear to have resulted in shallow
groundwater contamination for some properties in the area, mainly from volatile organic
compounds (VOCs) and RCRA metals that exceed Texas Commission on Environmental Quality
(TCEQ) Tier I Protective Concentration Levels (PCLs).
The City of Denton has recently completed the Downtown Implementation Plan, which includm
numerous initiatives to revitalize the downtown area. To promote redevelopment in this area, t
City also desires to remove redevelopment barriers. Because of the historical uses of the area
shallow depth to groundwater, groundwater contamination a potential development barrier. .
overall objective of this project is to minimize this development barrier by establishing a regioln
UJ S D.
Scope of Services
goal
The City of Denton is currently seeking to award a contract for the professional services needed to
establish a regional MSD. This MSD will cover a large area that will have a number of private and
public property owners, The consultant will provide all technical and regulatory support needed to
successfully establish a MSD for the defined region. Support will include all public notifications,
1��ublic meetings, application, review, and reporting needed to comply with TCEQ requirements for
a MSD application and final certification, as outlined in Texas Health and Safety Code, Chapter
361,SubehapterW. The consultant will also perform all work needed to comply with the City of
Denton's Code of Ordinances with regards to MSDs (see Denton Code of Ordinances, Chapter X,
Sections 26-27 1), and will present project information publically to citizens and the Denton City
Council.
The City shall provide detailed technical information to those respondents requesting such
information.
The scope of work outlined in this RFQ is preliminary, and a final scope will be negotiated with the
selected firm and modified as needed, The scope of work for this project should include, but not ♦.`
limited to the following:
ROWALWMIM,
(1) Providing information concerning the proposed project that may be available in Denton files;
(2) Assist in the coordination of all activities of the project;
(3) Payment of all local and state application fees;
(4) Facilitating the required mail notifications and paying for postage;
(4) Providing review comments as • of the local review process;
(5) Factating all posting requirements ♦ public meetings; and
(6) Providing a facility and needed audio-visual equipment for public meetings.
Milestones
MUM=
All proposals shall specify terms and conditions of payment, which will be considered as
part of, but not control, the award of proposals. City review, inspection, and processing
procedures ordinarily require thirty (30) days after receipt of invoice, materials, or
services. Proposals which call for payment before thirty (30) days from receipt of
invoice, or cash discounts given on such payment, will be considered only if, in the
opinion of the Purchasing Manager, the review, inspecion, and processing procedures can
be completed as specified.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
E McKinney St, Denton, TX, 76201-4299 A pro-formla invoice shall also be sent to the
project administrator, identified in the final contract. It is the intention of the City of
or items; whichever is later, unless unusual circumstances arise. Invoices must be fully
documented as to labor, materials, and equipment provided, if applicable, and must
reference the City of Denton Purchase Order Number in order to be processed. No
payments shall be made on invoices not listing a Purchase Order Number.
Upon contract award, suppliers are encouraged to receive payments through direct
deposit. Additional information regarding direct deposit payments is available at
www.dentonpurchasing.com
(WA"UnlyJ
4-1W4*i-11fflF
20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contract"
performing work under this contract for the City of Denton may purchase materials a
supplies and rent or lease equipment sales tax free. This is accomplished by issui
exemption certificates to suppliers. Certificates must comply with State Comptroller
ruling #95-0.07 and #95-0.09. 1
milestones, as identified in the above section entitled "invoices". The invoice shall detail
the major milestones accomplished and detailed cost information for project. A proforma
WWi role t Manager
Standard and Conditio
Standard Purchase Terms and �Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other
requirements included in the City of Denton's solicitation are applicable to Contracts/Purchase Orders
issued by the City of Denton hereinafter referred to as the City 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 Proposal response, Invoice or Statement shall serve to modify the terms set forth
herein. If there is a conflict between the provisions on the face of the Contract/Purchase Order these
written provisions will take precedence,
By 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.
Unless otherwise specified in the Contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall app] y only to a
Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to
purchase Services to be performed principally at the City's premises or on public rights -of -way,
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables
I.wriu-iWv? hT-5 Offer in strict accordance with the terins, covenants,
and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be
effective as of the date the contract is signed by the City, and shall continue in effect until all obligations
are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLE& The Contractor will package deliverables in
accordance with good commercial practice and shall include a packing list showing the description of
each item, the quantity and unit price Unless otherwise provided in the Specifications or Supplemental
Terins and Conditions, each shipping container shall be clearly and permanently marked as follows: (a)
The Contractor's name and address, (b) the City's name, address and purchase order or purchase release
number and the price agreement number if applicable, (c) Container number and total number of
containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing list. The
Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest
transportation costs and to conform to all the requirements of common carriers and any applicable
shall be final and conclusive on shipments not accompanied by
packing lists.
1911IPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship tile
deliverables Linder reservation and no tender of a bill of lading will operate as a tender of deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only
when the City actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped
F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless
otherwise stated in the Offer, the Conti -actor's price shall be deemed to include all delivery and
transportation charges. The City shall have the right to designate what method of transportation shall be
used to ship the deliverables. The place of delivery shall be that set forth in the block of the purchase
order or purchase release entitled "Receiving Agency".
•AIN-1w
t e ontractor s u contractor s, prem ses, t e ontra r sha u r caus
additional charge, all reasonable facilities and assistance to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must
fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-
complying tender shall constitute a breach and the Contractor shall not have the right to substitute a
conforming tender; provided, where the time for performance has not yet expired, the Contractor may
*f
the contract.
9. PLACE AND CONDITION OF WORK- The City shall provide the Contractor access to the sites
where the Contractor is to perforin the services tils required in order for the Contractor to perform the
services in a timely and efficient manner, in accordance with and subject to the applicable security laws,
rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the
the quality and quantity of materials, equipment, labor and facilities necessary to perforin the services,
and any other condition or state of fact which could in any way affect performance of the Contractor's
obligations under the contract. The Contractor hereby releases and holds the City harmless from and
against any liability or claim for damages of any kind or nature if the actual site or service conditions
iffer frorn expected conditions.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance of th
services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engage
in participating or responding to a solicitation or while in the course and scope of delivering goods
services under a City of Denton contract or on the City's property .
use or possess a firearm, including a concealed handgun that is licensed under state law, exce
as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substance
nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompe'en
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed an�
rh
tf f&lkhOL",•h'A 1, on the -ab- the Contractor sha
immediately remove such worker from Contract services, and may not employ such worker again o
Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements of tI
Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retenti
of verification forms for any individuals hired on or after November 6, 1986, who will perform any lab
or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act
1996 ("IIRIRA) enacted on September 30, 1996.
0 0 I
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: T I
Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicab
3
federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in t-1
performance of the services, including but not limited to those promulgated by the City and by t,
e
Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent saf I
requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all
claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the
breach of the Contractor's obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders,
or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the
Federal Water Pollution Control Act, as amended, (33 U,S.C. § 1251 et seq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery order
number and the master agreement number if appli ' cable, the Department's Name, and thename of
the point of contact for the Department. Invoices shall be itemized and transportation
charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when
applicable, shall be attached to the invoice. The Contractor's name and, if applicable, the tax
identification number on the invoice must exactly match the information in the Vendor's registration with
the Contractor's invoice.
C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables order
(if ate rates
and grouped by work order number, Time billed for labor shall be limited to hours actually worked at the
work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes triust not be included in the invoiced amount.
The City will furnish a tax exemption certificate upon request.
13. PAYME NY
A. All proper invoices received by the City will be paid within thirty (30) calendar days of the City's
receipt
of the deliverables or of the invoice, whichever is later,
B. If payment is not timely made, (per paragraph A);, interest shall accrue on the unpaid balance at
the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful
rate; except, if payment is not timely made for a reason for which the City may withhold payment
_vrounds for withholding
payment have been resolved.
tqw WMf-1ei#*w:cB7 -k the Contractor will be paid for the %artial
shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of,
i. delivery of defective or non -conforming del iverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors, which is not
covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the time
specified in the ContTact, and that the unpaid balance would not be adequate to cover actual of
liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with all required attachments and
supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent
taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or
penalties to the City for payments made by credit card or electronic funds transfer.
a or continuation of this contract is de,,vendent u ,,on the availability of funding. The City's
payment obligations are payable only and solely from funds Appropriated and available for this contract.
The absence of Appropriated or other lawfully available funds shall render the Contract null and void to
the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be
returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City
to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the
reduction of any Appropriation to an amount insufficient to permit 'the City to pay its obligations under
the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor
removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per them expenses in connection with the Contracl
shall be paid by the ContTactor.
15. FINAL PAYMENT AND CLOSE-011-1 - -
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the
Cla-ftrnct Close -Out W.BE/VME Comnliance Report to the Purchasint
payment, retamage, or both May be witrinela it tne contractor is not in comptianuu IMARMFUTER"tul®r RR
as accepted by the City.
B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City
against the Contractor, except claims (1) which have been previously asserted in writing and not yet
settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the
Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the
Contractor's continuing obligations under the Contract, including but not limited to indemnity and
warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the
Contractor against the City other than those previously asserted in writing and not yet settled,
16. SPECIAL TOOLS & TEST EQUIPMENT: If the grice stated on the Offer includes the cost of any
special fooling or special Test equipmenE laoricateu or reqTirea oj OF %_(MZTHUi
this order, such special tooling equipment and any process sheets related thereto shall become the
property of the City and shal I be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The Contractor agrees that the representatives of the Office of the City Auditor or other authorized
representatives of the City shall have access to, and die right to audit, examines, or reproduces, any and
such records for a period of three (3) years after final payment oil this Contract or until all audit and
litigation matters that the City has brought to the attention of the Contractor are resolved, whichever is
longer. The Contractor agrees to refund to the City any overpayments disclosed by any such audit.
B. The Contractor shall include section a. above in all subcontractor agreements entered into in
connection with this Contract.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall
comply with all requirements approved by the City. The Contractor shall not initially employ any
Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any
Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No
4@s Ff
with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the
Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to
the Procurement Manager, no later than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between
the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. proh�ibit the Subcontractor from further subcontracting any portion of the Contract without the
prior written consent of the City and the Contractor. The City may require, as a condition to such further
subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to
the City;
iii. require Subcontractors to submit all invoices and applications for payments, including any
claims for additional payments, damages or otherwise, to the Contractor in sufficient time to ' enable the
Contractor to include same with its invoice or application for payment to the City in accordance with the
terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their contract,
insurance in the type and amounts specified for the Contractor, with the City being a named insured as its
interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the
Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors
shall create for the benefit of any such Subcontractor any contractual relationship between the City and
any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the
payment of any moneys due any such Subcontractor except as may otherwise be required by law.
?6 The Contractor shDII ow, each Subcont ctor its amppmxriate share of payments made to the Contractor
not later than ten (10) caiendar days after receipt of payment from the City.
19. WARRANTY -PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's curren)
prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently without
consultation, communication, or agreement for the purpose of restricting competition, as to any matter
relating to such fees with any other firin or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices
on orders by others for like deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to all
deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims,
security interests and encumbrances. The contractor shall indernnify and hold the City harmless from and
-.gainst all adverse title clairns to the deliverables.
21. WARRANTY — DELIVERABLE& The Contractor warrants and represents that all deliverables
sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and
conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any
samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all
applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless
otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or
reconditioned.
A, Recycled deliverables shall be clearly identified as such.
B. The Contractor ma�j not limit, exclude or disclaim the fo,g�,_ warranty or any warranty implied by
law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year frorn the date
. ; i•, *61nibit,
the warranty period, one or more of the above warranties are breached, tjc Contractor shall promptly
or 1.eplaCe tlle. non_C01 i
upon receipt of demand either repair the non -conforming deliverables, 1forming
deliverables with fully conf6rining deliverables, at the City's option and at no additional cost (6 the City.
All costs incidental to such repair or replacement, including but not: limited to, my packaging and
shipping costs shall be borne exclusively by the CoTitractor. 11je City shall endeavor to give the
Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the
breach ofwarranty, but fail tire to give timely notice shall not impair the City's rights under this section.
D, if the Contractor is unable or unwilling to repair or replace defective or non -conforming deliverables
as required by the City, then in addition to any other available remedy, the City may reduce the quantity
of deliverables it may be required to purchase under the Contract from the Contractor, and purchase
conforming deliverables ftom other sources. In such event, the Contractor shall pay to the City upon
demand the increased cost, if any, incurred by the City to procure such deliverables from another source.
r�p, If the Contractor is not the manufacturer,. and the deliverables are covered by a separate manufacturer's
warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any
reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and
L ikk*O .f%ir *e be-mfit gif
LU
22, WARRANTY — SERVICES: The Contractor warrants and represents that all services to be provided
the City under the Contract will be fully and timely performed in a good and workmanlike manner in
accordance with generally accepted industry standards and practices, the terms, conditions, and covenants
of the Contract, and all applicable Federal, State and local laws, rules or regulations.
A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by
law, and any attempt to do so shall be without force or effect.
B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the
Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand perform the services again in accordance with above
standard at no additional cost to the City. All costs incidental to such additional performance shall be
borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of
warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely
notice shall not impair the City's rights under this section,
C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard
as required by the City, then in addition to any other available remedy, the City may reduce the amount of
vices it iiiqA be re�j-uired to �prchase under the Contract from the Contractor, and purchase conforming
services from other sources. In such event, the Contractor shall pay to the City upon demand the increased
cost, if any, incurred by the City to procure such services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON -CONFORMING DELIVERABLE S: If, instead
of requiring immediate correction or, removal and replacement of defective or non -conforming
deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs,
losses and damages attributable to the City's evaluation of and determination to accept such defective or
non -conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct
such amounts as are necessary to compensate the City for the diminished value of the defective or non-
conforming deliverables. If the acceptance occurs after final payment, such arnount will be refunded to
the City by the Contractor.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question
the other party's intent to perform, demand may be made to the other party for written assurance of the
the demanding party may treat this failure as an anticipatory repudiation of the Contract.
25. STOP WORK NOTICE: The Cit� may issue an immediate Stop is Notice in the event the
Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or
in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the
Contractor will cease all work until notified by the City that the violation or unsafe condition has been
corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of
such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully,
timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide
adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the
bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or
in any report or deliverable required to be submitted by the Contractor to the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the
right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless
otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period,
cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such
default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City
shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result
of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court
2atsts. a-c or h rev -_WA:i
MI --Mkiwrl ITMU17# J__QTV__1Z71Ffft1 =01,1
rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy
provided by law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in
prior written notice. U3on =�rtt
of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract,
with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to
the extent of funds Appropriated or otherwise legally available for such purposes, for all goods delivered
and services performed and obligations incurred prior to the date of termination in accordance with the
terms hereof.
29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable
required to be submitted by the Contractor to the City shall be grounds for the termination of the Conti -act
for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to tile Contractor if the
City deems it is in its best interest. If such delay causes an increase in tile cost of the work under the
Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the
wv.�&w� nK,.om%A4maz&& the Contract. The Contractor must assert its
right to all adjustment within thirty (30) calendar days from the date of receipt of the notice of delay.
Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in
paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery
as notified.
B. Neither party shall be liable for any default or delay in the 1.,ierforniancc of its obliga(ions under (bIS
Contract while and to the extent such default or delay is ciwwd by acts of God, 6re, riols, civil
cominotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond tile reasonable
control of such Party. In the event of default or delay in contract performance, due. to any of the foregoing
causes, then the time for completion of the services %�Alill be extended; provided, however, ill Such all
w g
m,,?_--i,mferenca_wilI be held within three fX-bm3ineu daps to establish a mutually agreeable period of
time reasonably necessary to overcome the effect of such failure to perform.
3 1. INDEMNITY: A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable costs and
expenses of litigation, mediation or other alternate dispute resolution mechanism, including
attorney and other professional fees for: (1) damage to or loss of the property of any person
(including, but not limited to the City, the Contractor, their respective agents, officers, employees
and subcontractors; the officers, agents, and employees of such subcontractors; and third parties);
and/or (2) death, bodily injury, illtwss, disease, workers' compensation, loss of services, or loss of
income or wages to any person (including but , ilo( firnited to the agents, officers and employees of
the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall
include the sale of defective or non -conforming deliverables, negligence, willful misconduct or a
breach of any legally imposed strict liabty standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT -OF THE CONTRACTOR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE
LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: Tile following insurance requirements are applicable, in addition to the specific
insurance requirements detailed in Attachment A. The successful firm shall procure and maintain
insurance of the types and in the minimum arnounts acceptable to the City of Denton. The insurance shall be
written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton.
A. General Requirements.
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and
agreed to, as submitted to the City and approved by tile City within the procurement process, for
the duration of tile Contract, including extension options and hold over periods, and during any
warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage's and endorsements
required to the City as verification of coverage prior to contract execution and within fourteen
(14) calendar days after written request from the City. Failure to provide the required Certificate
of Insurance may subject the Offer to disqualification from consideration for award. The
Contractor must also forward a Certificate of Insurance to the City whenever a previously
identified policy period has expired, or an extension option or hold over period is exercised, as
verification of continuing coverage.
iii, The Contractor shall not commence work until the required insurance is obtained and until
vtr,ck inw-Y.-Am-4.
or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation
of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to
the subcontractors commencing work on the project.
v. The Contractor's and all subcontractors' insurance covirage shall be written by companies
licensed to do business in the State of Texas at the time the policies are issued and shall be
written by companies with A.M. Best ratings of A- V11 or better. The City will accept workers'
compensation coverage written by the Texas Workers' Compensation Insurance Fund.
vi. All endorsements naming the City as Additional Insured, waivers, and notices of cancellation
e;sd*r,ei%enWas-wrfV-zs-the CeXific?.te ftf Insyr-7;sGg sh2ll o�txt,?imtke
iollowing information:
City of Denton
901 B 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 r_,iolicies are not written for amounts greed to with the Ci&A,, the Contractor shall
carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess
Liability Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to
review certified copies of policies and endorsements thereto and may make any reasonable
itions, limitations,
T=1151011N CACCPL WIRM, PIIIIJUJ'�Irllisiorls are
either of the parties hereto or the underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the effective
period of the Contract and to make reasonable adjustments to insurance coverage, limits, and
exclusions when deemed necessary and prudent by the City based upon changes in statutory law,
as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as reqijired in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self -insured retentions, if
any, stated in policies. All deductibles or self -insured retentions shall be disclosed on the
Certificate of Insurance.
4XP-T1VK**him1ctor shall endeavor to i�oxovide the Cim thiWffl�j30�1, calendar daps' written notice of
erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated
within the Contract.
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Information"). Contractor acknowledges and agrees that the Confidential Information is the valuab
property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or oth
release of the Confidential Information will substantially injure the City and/or its licensors. T
Contractor (including its employees, subcontractors, agents, or representatives) agrees that it w
maintain the Confidential Information in strict confidence and shall not disclose, disseminate, cop
divulge, recreate. or otherwise use the Confidential Information without the grior written consent of ti,
City or in a mariner nof expressly permitted under MIS Agreement, u i L
required to be disclosed by law or an order of any court or other governmental authority with prop
jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so
to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to Ju
protective measures no less stringent than the Contractor uses within its own business to protect its o
r
most valuable information, which protective measures shall under all circumstances be at least reasonab -
measures to ensure the continued confidentiality of the Confidential Information.
38. OWNERSHIP AND Uk OF DELIVERABLE& The City shall own all rights, titles, a4d interests
throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to
disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees
to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to
specific inventions under such patentable subject matter to the City and to execute, acknowledge, and
deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment
of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City.
B. Copyrights, As to any deliverables containing copyrightable subject matter, the Contractor agrees that
upon their creation, such deliverables shall be considered as work made -for -hire by the Contractor for the
City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in
th& PC-,GW9,A-W-? &am.- fxwhw-&�V
of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables
not be considered works made -for -hire, the Contractor hereby assigns to the City (and agrees to cause
each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an
assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect
to such work made -for -hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of
its employees providing services to the City hereunder to execute, acknowledge, and deliver a work -
made -for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of
such deliverables to the City or at such other time as the City may request.
C. Additional Assignments, The Contractor further agrees to, and if applicable, cause each of its
employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and
all other instruments which the City might reasonably deem necessary in order to apply for and obtain
copyright protection, mask work registration, trademark registration and/or protection, letters patent, or
any similar rights in any and all countries and in order to assign and convey to the City, its successors,
assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The
Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged,
and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall
continue after the termination of this Contract with respect to such deliverables. In the event the City
should not seek to obtain copyright protection, mask work registration or patent protection for any of the
deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as
Confidential Information under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted tinder the Contract must be
originally developed material unless otherwise specifically provided in the Contract. When material not
originally developed is included in a report in any form, the source shall be identified.
40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, th
fact that the City has entered into the Contract, except to the extent required by law.
41, NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has bee
employed or retained to solicit or secure the Contract upon any agreement or understanding fo
commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fid
established commercial or selling agencies maintained by the Contractor for the purpose of securin
business. For breach or violation of this warranty, the City shall have the right, in addition to any oth
remedy available, to cancel the Contract without liability and to deduct from any amounts owed to thr
Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage
contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract witho
liability if it is determined by the CiN that gratuities were offered or given by the Contractor or any agel
I OW IT
canceled by the City pursuant to this provision, the City shall be entitled, in addition to any ' other righ
and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing sue
gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employe
independent consultant, or elected official of the City who is involved in the development, evaluation,
decision -making process of the performance of any solicitation shall have a financial interest, direct
indirect, in the Contract resulting from that solicitation. Any willful violation of this section sha
action up to and including dismissal. Any violation of this provision, with the knowledge, expressed
implied, of the Contractor shall render the Contract voidable by the City.
44, INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating
rel jyjig or a Join; venture. The Contractor's services shall be thol
TA
Vf-dl "If# -C�ICIYVC I R-Ut-1 fCfW"*_1_.n X-V71-1 f It a-ruct
rights or privileges established for employees of the City of Denton, Texas for the purposes of income
withholding, social security taxes, vacation or sick leave benefits, workers' compensation, or any other Ci
employee benefit. The City shall not have supervision and control of the Contractor or any employee of t
Contractor, and it is expressly understood that Contractor shall perform the services hereunder according
the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or h
designee under this agreement.
45. ASSIGNMENT -DELEGATION: The Contract shall be binding upon and ensure to the benefit
6eir res
wo prjQr 111 n CVDsent Ul L11C k�ltj. tul WIN
void unless made in conformity with this paragraph. The Contract is not intended to confer rights
benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there a
no third party beneficiaries to the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or
part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported
consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or t
City of any one or more events of default by the other party shall operate as, or be construed to be
permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of
2ny other existing • future ♦ • defaults, whether of a similar or different character.
pal-LICS.-�10
any force or effect to change the terms, covenants, and conditions of the Contract.
48. INTERPRETATION: The Contract is intended by the patties as a final, complete and exclusive
statement of the terms of their agreement, No course of prior dealing between the parties or course of
performance or usage of the trade shall be relevant to supplement or explain any term used in the
Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the
parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more
strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as
enacted by the State of Texas, is used in the Contract, I the UCC definition shall control, unless otherwise
defined in the Contract.
49. DISPUTE RESOLUTION:
prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to
toll the running of a statute of limitations or to seek injunctive relief Either party may make a written
request for a meeting between representatives of each party within fourteen'(14) calendar days after
TYT 00-1 Fd�;17-011-00 TMFg=VeJ,7
described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to
assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to
act in good faith in the selection of the mediator and to give consideration to qualified individuals
nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a
t[Adn the garties
fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the
mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The
parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of
the first mediation • The City and the Contractor will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they may
utilize to represent them • otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws
the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texa"
V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and app
the substantive law of another state orjurisdiction. All issues arising from this Contract shall be resolv
in the courts of Denton County, Texas and the parties agree to submit to the exclusive person
jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit
KMd%*4rq"Vh 4Ta*t3Kr0="ex"]1 secure inimrictive relief from any competent authorittly
contemplated herein.
5 1. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall M
f the Contract. Any voi19
provision shall be deemed severed from the Contract and the balance of the Contract shall be construerel
and enforced as if the Conti -act did not contain the particubir portion or provision held to be void. T1 I
parties further agree to reform the Contract to replace any stricken provision wnh a valid provision th
comes as close as possible to the intent of the stricken provision. Tile provisions of this section shall n
prevent this entire Contract from being void should a provisioil which is tile es -Wince Of the Contract I determined to be void.
52. HOLIDAYS: The following holidays are observed by the City: Holiday Date Observed
�wYear` s- 'b- a—y (ob I s 11 e 11 r I ved)
MLK Day
Memorial Day
4th of July
Labor Day/Sept I I observed for
Fire Civil Service employees
Thanksgiving Day
Day After Tbanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (pbscr�_
If a Legal Holiday falls on Saturday, it will be observed oil the preceding Friday. If a 1,egal Holiday falls
on Sunday, it will be observed on the following Monday. Normal hours of Operation shall be between
8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled
deliveries or work performance not within the normal hoist-s of operation must be approved by the City
Manager of Denton, Texas or his authorized designee.
53. SURVIVABILITY OF OBLIGATIONS- All provisions of the Copose continuing
obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality
obligations of the parties, shall survive the expiration or termination of the Contract.
54, NON -SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are
suspended or debarred or whose principals are suspended or debarred ftom Federal, State, Or City Of
Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firin and its
principals are not currently suspended or debarred from doing business with the Federal Government, as
indicated by the General Services Administration list Of Parties l xcluded from 1'ede-real Procurement and
Non -Procurement Programs, the State of Texas, or the City of Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Cifferor's agent, shall engage in arly discriminatory
employment practice as defined in Chapter 5-4 of the City Code. No person shall', oil the grounds of race,
sex, age, handicap, creed, color, or national origin, be refused the benefits of, or be otherwise subjected t4,
discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
i,t the ADA.
56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded requirements)
A. Definitions, As used in this paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end product.
"Cost of components" means -
�44 Fr,-vxYw4Tir�*xrxj0pw*44a.-1
place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and
any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the
_Lc aragra h 'I I of this definitionWlus allocable
overhead costs, but excluding profit. Cost of components does not include any costs associated with the
manufacture of the end product.
"Domestic end product" means-
(]) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined, produced, or
manufactured In the United States exceeds 50 percent of the cost of all its cornlRonents. Components of'
foreign origin of the same class or kind as those that the agency determines are not mined, produced, or
manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are
treated as domestic. Scrap generated, collected, and prepared for processing in the United States is
considered domestic.
use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. I Oa - I Od) provides a preference for domestic end products for
supplies acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract;
but will consider for approval foreign articles as domestic for this product if the articles are on a list
approved by another Governmental Agency. The Offeror shall submit documentation with their Offer
demonstrating that the article is on an approved Governmental list.
D, The Contractor shall deliver only domestic end products except to the extent that it specified delivery
of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information
presented in any response to this solicitation, whether amended or not, except as prohibited by law.
Selection of rejection of the submittal does not affect this right.
licensed by the State of Texas, any and all fees and taxes are tile responsibility of the respondent.
.Q. PREVAILING WAGE RATES: The awarded contractor shall comply with prevailing wage rates as
,iefined by the United States Department of Labor Davis -Bacon Wage Deten-nination at
http://www.dol.gov/whd/contracts/dbra.litm and at the Wage Determinations website www.wdol.aov for
Wenton County,Texas (WD-2509).
OffiLmidlam- 90JOILIATiVIAIWAIN V4F!V V IM a 311131,-
ff, 1541011 MINI 01 .7a am rM411
. =I,
0-1- 8. -W
Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the
offering or conferring of benefits to public servants. The Respondent shall give all notices and comply
with all laws and regulations applicable to furnisliing and performance of the Contract.
62. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on -site
compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the
Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is
responsible for both federal and State unemployment insurance coverage and standard Workers'
Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax
laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees
for any Unemployment or Workers' Compensation coverage, or federal or State withholding
requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses
resulting from Respondent's omission or breach of this Section.
63. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the
Drug -Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.)
09 zigiij j, j g-free irk jjjyiWTAjjji he final rule, overnment-wide riuirements for drug-
L
iree Trort, piacc kgrams), lssfou u7iffe
(32 CFR Part 280, Subpart F) to implement the provisions of the Drug -Free Work Place Act of 1988 is
incorporated by reference and the contractor shall comply with the relevant provisions thereof, including
any amendments to the final rule that may hereafter be issued.
64. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government -owned, leased, or occupied , property and
4: ricludiftez-
any delivery or cartage company, in connection with any performance pursuant to the Contract. The
Respondent shall notify the City of Denton Procurement Manapr in writing ofany such damage within
one (1) calendar day.
65. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
fpjm 7ex_f#xm_q_xreJiy_aAact of -war.
order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence
of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused
from any further performance or observance of the requirements so affected for as long as such
circumstances prevail and the Respondent continues to use commercially reasonable efforts to
recommence performance or observance whenever and to whatever extent possible without delay. The
Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be
confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a
reasonable level of detail the circumstances causing the non-performance or delay in performance.
66. NON -WAIVER OF RIGVIITSFailure of a Party to require performance by another Party under the
Contract will not aff&t the right of such Party to require performance in the future. No delay, failure, or
walver of elther Party's exercise or partial exercise of any right or remedy under the Contract shall
operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a
Party of any breach of any terrn of the Contract will not be construed as a waiver of any continuing or
succeeding breach.
ZOW4,
Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit
or from I iability that the City of Denton may have by operation of law,
4 - �The �Resotondent shall retain all financial records, supporting documents,
statistical records, and any other records or books relating to the performances called for in the Contract.
The Respondent shall retain all such records for a period of four (4) years after the expiration of the
Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are
resolved, whichever period is longer. The Respondent shall grant access to all books, records and
gum-siu gio 'I'liFirl l'!
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SShotild a Voldliemi(Alell 115 'ORFP dyllmen it N! ➢yVY111% mIJ, )��
i.P—H(—ILMCAI the lei-ras and conditions set forth in III(. 6tv r ,)I* Demon Terms and Condifloys and the
City of Denton
Special
• 0 �12 I �4 0*1
Conti -act Term
It is the intention of the City of Denton to negotiate a final contract term with the selected
respondent, based on both City and respondent experience with the regulatory requirements and
anticipated timeline for establishing a large MSD. The Contract shall commence upon the issuance
of a Notice of Award by the City of Denton, and services undertaken pursuant to this RFQ will be
required to commence within fourteen (14) days of delivery of a Notice to Proceed. The services
shall be accomplished per the Scope of Work and Services as identified in Section rV and the
Schedule of Events as outlined in Section VI.
The City and the Awarded Contractor shall have the option to rynew this contract for an additional
three (3) one-year periods. At the expiration of the initial contract period, this contract may be
renewed annually by written agreement between both parties, for three (3) additional one-year
periods. At the sole option of the City, the Contract may be further extended as needed, not to
exceed a total of six (6) months.
The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04
(F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under
this contract for the City of Denton may purchase materials and supplies and rent or lease
equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers.
Certificates must comply with State Comptroller's ruling 995-0.07 and #9S-0.09.
Pricin
Only firm, lump sum pricing with no escalation will be accepted for this project. The pricing has
been established by offer from the contractor and acceptance by the City of Denton, through a
negotiation in accordance with the provisions of Texas Government Code 2254.
'Price Adiustments
Price adjustments will not be allowed for this project unless a change in scope is approved that
increases or decreases the amount of work required.
Requests or proposals for changes in scope must be submitted in writing with documentation that
t
change.
Upon receipt of such request, the City of Denton reserves the right to either: accept the proposed
change as competitive with the general market price at the time and issue appropriate
authorizations or reject the increases within 30 calendar days after receipt of a properly
submitted request. No work shall be undertaken on a proposed change until authorized by the
City of Denton in the form of a Purchase Order change and/or other documentation appropriate
to amending the contract.
Or mail to:
City of Denton
Attn: Purchasing Manager
RFP # 4811
(940) 349-7100
901B Texas Street
Denton, Texas 76209
The City of Denton reserves the right to accept, reject, or negotiate any proposed price changes.
knkntRighk
The contractor agrees to indemnify and of harmless the City from any claim involving patent,
right infringement or copyrights on goods supplied.
Any software, research, reports studies, data, photographs, negatives or other documents,
drawings or materials prepared by contractor in the performance of its obligations under this
contract shall be the exclusive property oft e City and all such materials shall lac;. delivered to the
City by the contractor upon completion, termination, or cancellation of this contract. Contractor
may, at its own expense, keep copies of all its writings for its personal files, Contractor shall not
use, willingly allow, or cause to have such materials used for a,ny purpose other than the
performance of contractor's obligations under this contract without the prior written consent of
the City; provided, however, that contractor shall be allowed to use non -confidential materials
for writing samples in pursuit of the work.
The ownership rights described herein shall include, but not be limited to, the right to copy,
publish, display, transfer, prepare derivative works, or otherwise use the works.
Adding New Products or Services tote Contract afterAward
Following the Contract award, ADDITIONAL services of the same general category that could
have been encompassed in the award of this contract, and that are not already on tile contract,
may be added. A formal written request may be sent to sueCCS0111 Contractor to provide a
proposal on the additional services and shall submit proposal to the City as instructed. All
submitted prices are subject to negotiation in ace0fdance with Texas GOvern-nient Code 2254,
The City may accept or reject the proposal, and may issue a. separate RFQ to]- the services
requested, after rejecting some, or all, of the propos;.al. services covered under this provision
shall conform to the statement of work, specifications, and requiroin,ents as outlined in the
request. Contract changes shall be made in accordatice with Local Government Code 252.048.
Venue
This agreement shall be governed by the law of the State of Texas and venue for its construction
and enforcement shall lie in the courts of Denton County, Texas.
i r �
r � ,
�� 'A '�1 sr �i, U
i
Insurance
Ar ®ATE i,41601 ..
CERTIFICATE OF LIABILITY INSURANCE 4/18/2d1
THIS CERTIFICATE I ISSUED AS Am MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
FLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE (S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND T CERTIFICATE HOLDER.
____� „ _ _ _9"-a .. __ -
II4fPIDR"CANTI II tllc w�lartli"acatcv-FyolrJaat lx an A[7#7p�JAGw�NSURiD. Ih�s prrllcy(I�t�) rnut�t h® attdcrssd. IE SUDROOATI N
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
. t d lieu of such enarsamen(sy _ _.. _ cerliflcata holder In ...., w _._
`. ,altl
PRODUCER FA€,i Jetr Noyola
N,+�IeII. V
Grp lin %n9urCno ro r& PHONE (770)5 2 422 �rA€ te�6p550-aoe2
I� ExII, (kil..
450 Northridge Parkway &MAt T�rryf aoV tea.@grov11xn com
Suite 102 FOR. ING COVERAGE _ NAIC s
Atlanta GA 30350 INSaP ERA,Restf_—haster Surplus Lines Ins 1017
INSURED NSBRERpmartford Accident and Indemnity 67
Modern Geosciences, LLC IN JPER
1904 Industrial Blvd. INSURERD. _ ......
Suite 107 IN-5URFRE
Colle ille 76034 Ir1 ... — _
�I IReIr r• ;
COVERAGES A%ES zlill T11.1C A I"E Nt,11 4F3 Rj4®15 REVISION NEiM13ER:
T141S IS TO CERTIFY THAT 1HE POLICIES OF INSURANCE LISTED BELOW HAVE BEE NTI,-SUED r THE INSURED NAMED ABOVE FOR THE 15OLICY PERIOD
INDICATED, N07WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSAI4 GENERAL LIABILITYAA of rt ` . .,i r T "IFoULIMITS
f l` EACH OCCURRENCE . lrs
Trd TYPE OF INSURANCE niAa POLICY NUk9ER #t _ Yy sir'
s 1,000,000
IIAI,TAOk�+�r�Tt>rPLIJ _...... » .._,.
(.ia8ri�i�l1€.PA.L GENERAL LIABILITY PP`•±6'»Mk"„`ff I€ r+, r'a I' �^" 50, 000
fir• . _ �.I,
(CLAIMS. DE l,DCCUR 324272965 003 /25/2014 /25/2015 PoAEDERPtAnvoneDamon) S 5,000
_...,
Professional Liability (claim. de) PERSONAL & ADV INJURY s 1,000,000
X Contractors Poll. Liao, Ga NEAALA(CKGArE s 2,000,000
CI~ttl atc7r r I..s: nr. LIMIT AI�I�i APPLIES PER:
PRODUCTS COMPIOP A s ." "2 000, 000.
Il lrl.
CUhBE$Tdla&) 51 LE L9°Mf6
AII'it]M,Ifir3ILE LIABILITY tlnre an nri nag - ¢
ANY AUTO OODII.Y INJURY (Per person) $
ALL OWNED __- SCHEDULED BODILY INJURY (Per accident)..
'..... AUTOS AUTOS -
HIRED AUTOS NON -OWNED rattmacrarYc>nt€st $
AUTOS rPor a,6d nta _ ....
UMBRELLA Iii X OCCUR al[.. 11t C%s s 4,000,000
EXCESS LIAR AGGREGA EI'll _ $ 4 , 000I'll, I , 000:
nFD RErFN110N9 { ;27440927 001 4/25/2014 /25/2015 E
WOR,KCASCOMPEN:§AlION WCSTATU !! Ulli
AND EMPLOYERS LIABILITY _ feS 11 LIMITS I Fpa
.
ANYt�isar#iL (dtr rttiNER1F1xF`,UtPV,- Y1 ......NIA E.LEACH ACCIDENT S 1 b00�000
Ci'ItrEF+hL 4CF�i1�ii11Cii)' 0 CZU4937 �4/25/2014 /25/2015
(Moal,tDfy 141 NVII E L DISEASE
- EA„EP�iPLOYEt' 5 �. , 000, 000
r ra de?,,beIrarlar.�
E.L, D
L"sId�l TIf M i a (. FP,"!1`I JN.ti d, iu.x ISEASE - POLICY LIMIT $ 1 000 000
��, ......_ ... . ..
DESCRIPTION OF OPERATIONS i LOCATIONS I VEHPCLES (Attach ACOROF 101, Addition at Remarks Schedule, If more space is required)
[ L"RTIFIGATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVI&IONS,
For Information Purposes Only
AUTHORIZED REPRESENTATIVE
David Collsng®IC LY
_ -v ------
A trRl1 a {2ti101 ) O 1956-2010 ACORD CORPORATION, All rights reserved.
INS025 fmi(mo m Tho &roRn namaa and Inure% arp ranlafara l mnrka of arnian
DAYS iiii6&ii-yVi►
CERTIFICATE OF LIABILITY INSURANCE 4/23/2014
.......... Ti - - ___ __ — UPON THE GERTIFIC . i ..... . .. . ............. 'J" . ......................
, fii " IS ii , ij�Eli`AS;ii� MA ER ikii&RW i6i-&LY AND CONFERS NO kidl4TS ATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
-'I' tit opolk-, _V(_i`Ij_t'1_) —must -he endorsed. if StMROGAT'JON 15WAIVrD, subjocitto
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certif Irato holder In lieu of such
0, _40, -1 -A," E T ..........
PRODUCER '�' AnLje Blinn, SR
-7601 -jj
Shaw Insurance Agency (817)479
947 W Glade Rd L., s1vIsTa -,insurance,not
j
INSURI AFFORDING COVERAGE NAIC IT
Hurst TX 76054 ENSURERA-_Republic-Franklin Insurance Co 12475
INSURED
Modern Geosciences, LLC INSURER C!
1904 Industrial Blvd. JNPURtli D:
Suite 107 INSURER a:
Call® ills TX 76034 N 13 U R I
. .........
CERTIFICATE'6jjFR7j__0_14-15 MASTER REVISION NUMBER:
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ...........
j),64 ADIVE 0vCmr 'POW 7
M
TYPE Or INSURANCE ikjqR win POLICY NUMPLER rt LIMITS
GENERAL LIABILITY EACH OCCURRENCE IS
"UAMAGLID kLINTED ` _' --
COMMERCIAL GENERAL uAfn I I Y 15� ----------- - --
CLAIMISAIA11,C OCCUR
PERSONAL& ADV INJURY S
. .......... . .........
ERALAGGREGATE $
4;N1 ACKMLOA] L, LIMIT ATIVN_ij�,PER: PRODUCT'S - COMPIOP AGG 5
-- - ------ --------
$
AUTOMOBILE LIABILITY
ANY AUTO
BODILY IWURY (Per paIsm) $
' - ------
A ALL OWNED X 1 SCHEDULED 4599811 4/2512014 4/25/2015 BODILY INJURY (Per accident) $
AUTOS AUTOS PF6- V11 I 1 111111111 11.1-1-1 __ - � __ I I 11 1111-11 -1
HIREDAUTOS x NON,OWNED PER1 � IAMAGr$
AUTOS . .....
PIP -Basic $ 2,500
UMBRELLA LIAR OCCUR
'Iiikl EACH OCCURRENCE ti
EXCESS LIAR CLAIMS,MADE AGGRECATF
nFn RE NEN FICIN I
wa
DR IM
RKFR3 COMPEWATION
AND CiPLOYERW LIABILrry
ANY t
,E LEACH ACCIDENT $YIN
I1NIA ---------
tMarhf)jrt0,y Irr N8) E DISEASE S
[I E.L. DISEASE - POLICY I Irall I
. ............. . .. .... . ...... ..
DESCRIPTION OF OPERATIONS I LOCATIONS; VEHICLES (Attach ACORD 101, Additional Rem arks Schedule, II'more space Is required)
CERTIFICATE HOLDIHIR GANGM,LATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
Proof of Insurance
U
BI:Lnn/AB
4&OR
D 25 (2010105) C 1988-20110 ACORD CORPORATION. All rights reserved.
INS025 eqomwii TU Tho arnpn ncrno and Innn nr4 ronlet&wArl mzar1rt nf arnrin
INSURANCE REQUIREMENTS AND
Respondent's attention is directed to the insurance requirements below, It is highly recommended that
respondents confer with their respective insurance carriers or brokers to determine in advance of
ProposallBid submission the availability of insurance certi/icales and endorsements as prescribed and
provided herein. If an apparent low respondent, fails to comply strictly with the insurance requirements,
that respondent may be disqualified ftoni award of the contract. Upon contract award, all insurance
the successCwl contractor shall have a duty to
maintain throughout the course ofthis contract,
Without limiting any of floe other obligations or liabilities of tile Contractor, the Contractor shall
provide and maintain until the contracted or has been completed and accepted by tile City of
Denton, Owner, Ilse minimum insurance coverage as indicated hereinafter.
AN
i t 1 11 it the has Noon as practicable after notification of contract award, Con rac or A allf e wills Purc ing
Department satisfactory certificates of insurance, containing the contract number and title of the
project, Contractor may, on written request to the Purchasing Department, askfor clarification of
any insurance requirements at any time, however, Contractors are siroagtv advised to "lake Stich
requests prior to tyro posallbid opening, since the insurance requirements inq), not he modified or
waived after proposallbid opening unless a written exception has been vubinined with the proposallbid.
Contractor shall not commence any work or deliver any material until he or she receives notijicatioll
that the contract has been accepted, approved, and signed byte City ofDenton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply wills the
following general specifications, and shall be maintained in compliance will# these general
specifications throughout the duration of the Contract, or longer, if so noted.
Each policy shall be issued by a company authorized to do business in the State of Texas with an
A.M. Best Company rating of at least A.
Any deductibles or self -insured retentions shall be declared in the proposal. if requested by the
City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect
ImpWiicligees and volun ers.,--o—r- the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Employees and
volunteers.
That such insurance is primary to any other insurance available to the additional insur
with respect to claims covered under the policy and that this insurance applies separate
to each insured against whorn claim is made or suit is brought. The inclusion of mo
than one insured shall not operate to increase the insurer's limit of liability.
• Cancellation: City requires 30 day written notice should any of the policies described oil the
certijtcate be cancelled or materially changed before the expiration date.
• Should any of the required insurance be provided under a claims made form, Contractor shall
maintain such coverage continuously throughout the term of this contract and, without lapse, for a
period of three years beyond the contract expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit providing for claims investigation or legal defense costs to be
included in the general annual aggregate limit, the Contractor shall either double the occurrence
limits or obtain Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for payments originating
after such lapse shall not be processed until the City receives satisfactory evidence of reinstated
coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated,
City may, at its sole option, terminate this agreement effective on the date of the lapse.
RZ'
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with thefollowing marked specifications, and shall be maintained in compliance with these additional
specifications througliout the duration of the Contract, or longer, if so note&
[X] A. General Liability Insurance:
shall
be provided and maintained by the Contractor. The policy shall be written on an occurrence
basis either in a single policy or in a combination of underlying and umbrella or excess
policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed operatio
independent contractors, contractual liability covering this contract and broad fo
property damage coverage. I
Y•twwq&
it 1164*1cwrrent Edition
-?nd ISO Form GL 0404) is used, it shall include at least:
ir, Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this contract,
personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 elther 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
.9rising out of the operation, maintenance and use of all automobiles and mobile equipment used
in conjunction with this contract.
• any auto, or
• all owned hired and non -owned autos.
IM LSZZMM1��
i 0
Contractor shall purchase and maintain Worker's Compensation insurance which, ill addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease, Tile city need not be named as in "Additional
Insured" but the insurer shall agree to waive, all rights u, sub, ogation against the City, its officials,
agents, employees and volunteers for any work performed for the City by the Narned Insured.
For building or construction projects, the Contractor shall comply with the provisions of
At-MUM-MiTeM 7M-Tr1MR;CWM--SkUf, &A 1LI Kil4l •' P.-Q4f
the Texas Worker's Compensation Commission
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during tile prosecution of the work
under this contract, an Ownees and Contractor's Protective Liability insurance policy naming the
'arty-ds-M-mmi 2)�P&r- Pnt"L�W-&iz 4&-t�
work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis
and the policy shall be issued by the same insurance company that carries the Contractor's
liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and
l��roperty damage per occurrence with a �1,000,000.00 aggregate.
Coverage is required if Broad form General Liability is not provided or is unavailable to Ole
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than
I . .... .... each occurrence are required,
[X ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to
negligent acts, errors or ornissions in connection with professional services is required under this
Agreement.
Builders'Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided.
Such policy shall include as "Named Insured" the City of Dentonand all subcontractors as their
interests may •'
Commercial Crime
Provides coverage for the theft or • of cash or checks, robbery inside/outside the
premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this
coverage should • written • a "blanket" •. 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.
Other insurance may •' required • an individual •. for extra hazardous contracts and •
service agreements. If such additional insurance is required for a •' • that
requirement will • described in the "Specific Conditions" • the contract specifications.
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
aw- •
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-8 1, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration • the project,
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services • the project ("subcontractor" in §406.096) - includes all
• • entities performing all or part • 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 o ' f 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 reportirr9 of Glas sifica tiO11
codes and payroll amounts and filing of aiiy overage agreeniclits, wilictl ineets the
statutory requirements of Texas Labor Code, Section 401.01](44) for all c1liplOYees
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 ofthe
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide tote governmental entity:
1. a certificate of coverage, for 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 byte contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
el.1r,relit certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration oft e
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew orshould 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, for and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and reliort lack, of coverage.
1. The contractor shall contractually require each person with who 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 incets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of Its ejrrPloyees
providing services on the project, for the duration of the project;
2. provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
M=1 10=1 0
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the erm
of the coverage period, if the coverage period shown on the current certifica
of coverage ends during the duration of the project; i
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7. Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of
of the contractor who will provide services on the project will be covered by
workers' compensation coverage for the duration of the project, that the coverage
will be based on proper reporting of classification codes and payroll amounts, and
the case of a self -insured, with the commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of n1tice of breach from the governmental entity.
FAME12
I V
DUNIF'ON
City of Denton Purchasing
901-BTexasSl Denton,TX76209
Phorw (940) 349-7 100 Fax: J940) 349-73U2
Substitute W-9 Form
The IRS requires all vendors to complete a W-9 Fo in ormation on this form must be filled out, signed and submitted by
vendor representative. All information must be completed before a purchase order or payment will be issued,
Name as shown on your Income tax return: Modern Geoscience, LLC
Tax IDISocial Security #: 27-5104736
8nall ies of erLury —1certifv tha'L 1. The number shown on this form is my correct taxtaxpayer Identification number (or I
in 110.1 ToW
FTMET �
Company Name: h4adera Geosclencesi LLC
ConlactName: Dr. Kenneth S. Tramin
Address: 1904 Industrial Blvd., Suite 107
Printed Name, Kenneth S. Trarnm
Email: kirrammqmadcrnweff,�Aui,com
Website: %w,#V.M0du0fl9t0'clV'c06,(0m
Phone Number: 682,223.1322
FaxNumber: 682.223.1593
C N n, I �r j ( ou( hot" a )ro tiqui
0 Lip,
Individual)
Limited
Other
Sole
El
Corporation
E]
Partnership
Liability
Please specify
Proprietor
Corporation
Must designate C or S
C
Exempt
Business Type
C]
Roal Estate
Renial/Lease (At)
C]
Equipment
Ranialfi-eise (A-9)
..........
ci
Royalties (A-2)
. . ........ . . ..........
MedrcaliHeallh Cafe (A-6)
Services Only (A-
Merchandise-
Merchandise &
C]
7)
Goods Only (A-7)
Services (A-7)
....
Cl
.... . .........
.. . ............. .
ConsullanWrol
Proceeds from
Fees (A-7)
Real Estate
Purchases tSl
- —
---- — ---
. . . ......
... .
Typo of Organization
13
Minority
C3
Female Owned
L1
Non Profit
Historically Underulilized
Owned
Business
'Definition of a U,S Person -For Federal rax purposes, you are considered a U.S person if you are: (a) an individual who is a U.S. citizen or
U,S. resident (b) a partnership, corporation, company, or association created or organized in the United States or under the laws of the Unitef�
States (c) an estate (other than a foreign estate), or (d) a domestic trust (as defined in Regulations Section 301 7701-7),
COD Page 1 9/2312011
It eAddrne tli different frora above
Company Name: 64tced rn rKa r, sa a . , 1 i .,
Contact Nance: Kenneth S. '1 v o i
Address: P.0, Box 92083
Southlake'rX 76092
Email; g ,e� :fen�rsmaaa�hraa,xci� a es,cas
Phone Number: 682,223.1322
Fax Number: 682,223,1593
C tL Irafo—m a Lonmyo,Iunt
ABA Routing#- w 11102,4865
Contact Naame : Marksmith .,
ACH Email: a
/�
Number:shone
Fax Number: 682.223.1593
I (we) authorize ilia Clty of Denton to deposit
payments Into the chaching account Meted.. The
authority remains in effect until the City of Denton
has recelved written netirlcatlon from MO Of
termination In time to allow reasonable opportunity
to act on It, or until the Clty, of Denton has sent me
written notice of tnraninni n at the agreement.
,1
VendorMfloat,ar
PrinthiamerrltioKchn'el i S ryanln rf'a,�,nei
List Products r ndlorServices Interested In FJldcfinq' . rrrula9rrarah&-t�taaawnd s rol S�raraa �crl t�a�sa� Moto- �nfirirl l�rra r�n7
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00 and t,aA� 11,idmite Intpti.diona end rTA C"kt,tlr,al Gt� Iaaaiging
For Internal Use Only
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Vendor Number
RMM
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COD Rage 2 912312011
ATTACHMENT B
BUDGET AND COMPLIANCE QUESTIONNAIRE
1, Firrn Name:
Modern Geosciences, LLC
2. Address:
1904 Industrial Blvd., Suite 107
Colleyville, Texas 76034
5 Website Address:
www,moderngeoa2kfi2gjgLoM
6. Telephone:
682.223.1322
Kenneth'rramm — ext, 4
8. Other Locations:
n/8
13. Subsidiary of:
n/ft
14, Historically Underutilized Business: Yes or No
No
15. Principals and Officers:
Please detail responsibilities with the name of each principal or officer,
Kenneth S. Tramm, PhD, PG, CUMM - Principal
General Manager
Overall coordination of staff and company finances
116. Key Personnel and Responsibilities:
Please detail responsibilities with the name of each key personnel.
17. Number of Personnel by Discipline:
Discivhne Number of Staff # Reeistered
Project Management/Geology/
Environmental Science/QA-QC
4 3
Geology/Environmental Science
2 1
Environmental Science
5 0
GIS/Enviromnental Science
1 0
Administrative
1 0
19. Professional Liability Coverage, Error & Omissions, etc.
Amount:
Each Occurrence
$1,000,000
Personal Injury
$1,000,000
General Aggregate
$2,000,000
Umbrella Liability
$4,000,000
Automobile Liability
$1,000,000
Work Type % by Fee % by No of Projects
Environmental 100 100
21. Please indicate the total number of projects your finn has undertaken within the last five years?
Since Its inception in 2011, Modern Geosciences has undertaken 491 projects as of April 23,
2014:
2011 — 71 projects
2012 — 115 projects
2013 — 215 projects
on a contract �ithin the last five years under your current company name or any other company
name? If so provide details of the issues and resolution if available. Include lawsuits where
Owner was involved.
Neither Modern Geosciences nor net Tramm have not been involved in any lawsuits.
23. Please provide at least (S) five references (preferably municipalities) and contract amounts. —
City of Dallas (Office of Environmental Quality) — Ms. Lori Trulson (Senior Environmental
Project Manager); 214-671-8967; Total Contracted (2011-2014): Approx. $510,000
City of Colleyville — Mr. Ron Ruthven (Community Development Director); 817-503-1052;
Total Contracted (2011-2014): Approx. $125,000
670-6654; Total Contracted (2011-2014): Approx, $430,000
City Abilene — Ms. Theresa James (Asst City Attorney); 325-676-625 1; Total Contracted
0 14): Approx. $45,000
MESS
1 l rf
any other company name? If so, where and toGive name and telephonenumber
i r Owner.
No. Kenneth Tramm has never failed to complete a contract under Modern Geosciences or
any other company name.
5. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and
telephone number (s) of Owner (s),
No Owner a terminated a contract with ern Geosclence&
26. Has your company implemented an Employee Health and Safety Program compliant with
CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards"
as they apply to your Company's customary activities?
Cppe,� �� ���F „� ".orsf �i�,,4 f t `� �r kid C�'
el=I&D keyvalu 1926
4 -._
5
rk
(
T
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blot
Texas i s
nisj
lice Rin Registration
AcknmvIcdgcd That
mim
I2eisir®a limmm' Number: H5 411
Registration Haile® 04/25/2011
REGISTRATION INVALID
1T1'1OUT C'URENT
REAMAL CARD
F,
Geogdence FWm RGSISUB&M
rtif Icsto
NpIres April 30,2DIS
In accumimme wool h tho Pvn'MIOII� Of Rl�rs �*xs�s � oollr.o
ProdhIA Act, tip l"b"s t uffld DP Pat40611w11�11 foss-J"r90aa1
hereby oortltl . that aiaaa awbovo rttanked amity 110 a Wwn
ttari its t 4 rt.4s, ., J,E)„ Chairman
ATTACHMENT F
DISADVANTAGED BUSINESS UTILIZATI01
(1 erials, suinlies, and /or services co
. - 1 11011
IBM,
ii 7M7 vorapany is
return with the submission, If your company is not already certified, and could be considered as meeting
certification requirements, please use the Eeb link to obtain such, If you are submitting a response and
plan to utilize DBE's, then use the form below to identify the business and include the business HUB
certification.
Modern Geosciences intends on working with the following HUBs for this contract:
COMPANY NAME: G,L. Morris Enterprises, Inc. (dba Sunbelt Industrial Services) -----
REPRESENTATIVE: Marla tvimphy
ADDRESS: 2415 Cullen St,
C I 1 1" Y, S"T 2 . I yrt o i t ex a S - - _ -- - - - - __ ___ __
TELEPHONE NO, - .817-654-0077 FAX NO 817-877-0428
Indicate all that apply.
. ...... _ Minority -Owned Business Enterprise
Women -Owned Business Enterprise
__.-Disadvantaged Business Enterprise
COMPANY NAMR _B&A Laboratories_(dba Xenco Laboratories)
REFICSENTAIIVE�
AIDDIUSS: 97701 ilfan, yffines Blvd-- ---- -- . ............ . . ..... . ........ .. . ....
CITY, STAIFE, ZIP,,, _Ma"Jas,'Texas, '75-2120
TELEPHONENO, 2114-902-0300 FAX NO, 211 14- 3 55 1 -913 9
[ndicate all that apply
Minority -Owned Business Enterprise
women-Owned Business Enterprise
—X—Disadvantaged Business Enterprise
S U S A N TEXAS COMPTROLLER Of PUBLIC AccOUNTS
C 0 M B S P0.B0X13186-AUST6N,TX78711-3186
The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State
of Texas, which includes certifying minority and woman -owned businesses as HUBs and is designed to facilitate the participation of minority
and woman -owned businesses in state agency procurement opportunities.
We are pleased to inform you that your application for certification/re-certification as a HUB has been approved, Your Company's profile is
listed In the State of Texas HUB Directory and may be viewed online at http://www.Wndow.state.tx.us/procurement//cmbi/hubonly.htmi.
Provided that your company continues to meet HUB eligibility requirements, the enclosed HUB certificate is valid for four years.
You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility requirements,
including changes in ownership, day -to ' -day management, control and/or principal place of business. Note: Any changes made to your
company's information may require the HUB Program to re-evaluate your company's eligibility. As part of the HUB Program's monitoring
efforts, you will be sent a HUB Certification Eligibility Affidavit in approximately 24 months. Failure to complete and submit the HUB
Certification Eligibility Affidavit, and/or failure to notify us of changes affecting your company's compliance with HUB eligibility requirements,
may result in the revocation of your company's certification.
Please reference the enclosed pamphlet for additional resources, such as the state's Centralized Master Bidders List (CMBL), that can
increase your chance of doing business with the state.
Thank you for your participation in the HUB Program I If you have any questions, you may contact a HUB Program representative at (512)
463-5872 or toll -free in Texas at (888) 863-5881.
TURI MZT. 1 --mr,
Certifleate/VID Number:
1752205J1780T
FileNendor Number:
064929
App roval Date:
I S-OCT-2012
40
PHUB
Scheduled Expiration Date:
15-OCT-2016
The Texas Comptroller of Public Accounts (CPA), hereby certifies that
G. L. MORRIS ENTERPRISES, INC.
has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB)
Program to be recognized as a HUB. This certificate printed 19-OCT-2012, supersedes any registration and certificate
previously issued by the HUB Program, If there are any changes regarding the information (i.e., business structure,
ownership, day-to-day management, operational control, business location) provided in the submission of the business'
application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB
Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility, HUB
certification may be suspended or revoked upon findings of ineligibility.
LWf � MI a
Paul Gibson, Statewide HUB Program Manager
Texas Procurement and Support Services
No�"_ Wo#� JA7110 #j 0111!1� Up
notice of award by accessing the Internet (http;llwww.window.state.tx.us/procurement/cmbl/cmblhub.htmi) or by contacting the HUB Program at
1-888-863-5881 or 512- 463-5872.
Program tor the-81—ate—of-Fe-kas, wnlcn Inclucles certifying minority and woman-owneu W.910f9SSAR UT-NMR-Mu IN
facilitate the participation of minority and woman -owned businesses in state agency procurement opportunities.
We are pleased to inform you that your application for certification/re-certification as a HUB has been approved, Your
company's profile is listed in the State of Texas HUB Directory and may be viewed online at
'We -Prov mike-, -Ldzd that your corn ankj continues to meet HUB eliT•ill
requirements, the enclosed HUB certificate is valid for four years.
You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility
requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any
changes made to your company's information may requIre the HUB Program to re-evaluate your company's eligibility.
that can increase your chance of doing business with the state.
Thank you for your participation in the HUB Programl If you have any questions, you may contact a HUB Program
representative at (512) 463-5872 or toll -free in Texas at (888) 863-5881.
HT-TrI
CertificateNID Number:
File/Vendor Number:
1760312950700
008619
4PHUB
Approval Date:
19-SEP-2013
Scheduled Expiration Date:
19-SEP-2017
The Texas Comptroller of Public Accounts (CPA), hereby certifies tha*,
XENCO LABORATORIES
has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB)
Program to be recognized as a HUB. This certificate Printed 20-SEP-2013, supersedes any registration and certificate
previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure,
ownership, day-to-day management, operational control, business location) provided in the submission of the business'
a g,�lication for Wistration/certification as a HUB -, fy the HUB
,jjou must immediately (within 30 days of such changes) noti
Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB
certification may be suspended or revoked upon findings of ineligibility.
Paul Gibson, Statewide HUB Program Manager
Texas Procurement and Support Services
"'.0
1. 10 ;1 HIT
We—
louce ot Tuara uj arTIPT-wing Me intemet (nttp:/IWWW.winaow.stare.-t�.i3iproutfufnen--,jc-rnat-r-mLpin.L![).nimi) or Dy cirolar-M&
1 -888-863-5881 or 512- 463-5872, Rev, 09/12
i • !
ATTACHMENT
1FORM CIQ
For vendor or of er acrs rt Dino business with local„ as�yernmenttt end
___ _ -
>f is questionnaire reflects changes made to the law by H.B. 1491, 9 0t Leg., Regular Session. OFFICE USE ONLY
— _
Dg r
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person
who has a business relationship as defined by Section 176,001(l-a) with a local governmental entity and the
person meets requirements under Section 176.006(a).
y law this questionnaire must be filed with the records administrator of the local government entity not later
than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.
See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176,006, Local Government Code, An
offense under this section is a Class C misdemeanor.
t Neme of person who has a business retntionship with local governmental entity.
Kenneth Tramm of Modern Geosciences — No relationship at this time. Submitting a proposal to perform services
only
x
Check this box if you are tiling an update to a previously filed questionnaire,
('The law requires that you file, an updated completed questionnaire with the appropriate Fling authority not later than the 71h business day after the
date the originally Riled questionnaire becomes incomplete or inaccurate.)
jMao of local government officer with whom filer has an employment or business relationship.
None at time or proposal
Name of Officer
This section, (Item 3 Including subparts A, B, C & ), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable Income, other than investment income, from the
filer of the questionnaire?
Yes X o
B. Is the filer of the questionnaire recelving or likely to receive taxable Income, other than investment income, from or at the direction of the
local government officer named In this section AND the taxable Income Is not received from the local governmental entity?
Yes X No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Yes X No,
D. Describe each affiliation or business relationship.
None. This form is being filed with a proposal for services, Modern Goosclences has no personal or business relationships with City staff
evaluating the proposal.
P
4- 3m
......... .... w e..---- -
Signature of person doing i,rs,rrrasa„ with the governmental entity Date