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HomeMy WebLinkAbout2007-142AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF WOOD GRINDING SERVICES FOR THE CITY OF DENTON COMPOST FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3786-WOOD GRINDING FOR COMPOST FACILITY AWARDED TO GWG WOOD GROUP, INC. IN THE AMOUNT OF $1.20 PER CUBIC YARD). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the 'Bid Proposals" submitted therefore; and i 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, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIONI. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3786 GWG Wood Group, Inc. 1.20/Cu.Yd. SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this —L7—#— day of , 2007. 6" Ve. lKLi PERRY cNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR +ATOLEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0�Rid 3786 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BID NO.3786 THIS CONTRACT. is made and entered into by and between GWG Wood Group, Inc. a corporation, whose address is 2797 Millers Ferry Road, Ferris, Texas 75125, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: L SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for Wood Grinding for Compost Facility. These products and services shall be provided in accordance with the Specifications for Wood Grinding for Compost Facility, a copy of which is attached hereto and incorporated herein as Exhibit "A" (or on file in the office of the Purchasing Agent), and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Specifications for Wood Grinding for Compost Facility ;(Exhibit "A"). (b) Contractor's Bid. (Exhibit "B"); (c) Insurance Requirements_ (Exhibit "C"); (d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D"). These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." MprchYContrecfs Docunents%3788 Wood Grinding for Compost Facility Mitt Ins.doc H. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within fourteen days (14) days following notice to proceed from City. 0 M. TERM OF CONTRACT The initial term ofthis Contract shall be twelve (12) months from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the City of Denton's option and approval by the vendor, the contract may be renewed for four (4) additional one (1) year periods. IV. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Bid Specifications attached hereto and incorporated herein as Exhibit "A"(or on file in the office of the Purchasing Agent). Contractor warrants that the goods and services provided to City under this Agreement shall be free liom defects in material and workmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Contractor following city's acceptance ofthe work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered Total compensation under this contract shall not exceed the sum of $120,000. Contractor recognizes that this Contract shall commence upon the effective date herein and continue in frill force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which fiords were appropriated and the parties shall have no further obligations hereunder. S:Vrch Contracts Doaaner "7t16 Wood Grinding for Co npost Facift with Ine.doc VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach ofthis duty by Contractor pursuant to paragraph VIM INDEMNIFICATION and paragraph DL COMPLIANCE WITH APPLICABLE LAWS set forth herein. VII, LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution ofthe same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and home by the Contractor at its own cost and expense. VHI. INDEMNIFICATION Contractor shall release, defend, indemnify and hold the City, its elected officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Contractor under this Agreement or caused by the negligent act or omission or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out of the subject matter of this Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract Contractor shall retain defense counsel within seven (T) business days of City's written notice that City is invoking its right to indemnification under this Contract If Contractor fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. S:Vxh�Coniracts DocumentsWiia Wood Grinding for Campos! Facility witb Ins.doe Ix. COMPLIANCE WPTH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shall indemnify and save harmless City against any claim related to or arising from the violation of any such laws, ordinances and regulations whether by Contractor, its employees, officers, . agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. NI �1►[i1 y The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. XL ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the work will be sublet to anyone objectionable to City. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City, that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. s:Vrd rizontmcts noaaneftZ786 Wood Grinding for Compost Fadiay with Ins.doe XIIL INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date of this Contract. XIV. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit ofNo prohibited Interest, attached and incorporated herein as Exhibit "D" XVL SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions ofthe Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVH. TEIMMATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. 5:l roxcontracts Oommenb)3786 Wood Grinding for Campos! Facility with Ins doc XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XDL CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XX. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. ♦1 1 The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. &Vreh Contracts D=rnemsZ786 WOW GdmIIng for Compost Faei ft with tns.doc IN WITNESS WFIEREOF, the parties oftbese presentsbave executedthis agecmentin the yearand day first above written. Alw-s 1 * ��cxas `f/ Lu rn.s61 onJ &rwo s D2 —y7 '( D PEGGY J. MCCLAIN MY COMMISSION EXPIRES FEBRUARY 27 2010 APPROVED AS TO LEGAL FORM EDWIN M. SYNDER, CITY ATTORNEY PHONE NUMBER ja 544- 34bd FAX NUMBER 16i r K PRINTED NAME CITY OF DENTON, TEXAS BY: Olt MANAGER DEPARTMENTAL APPROVAL nCl 107 30/ O2Z S*di%Gcr"da Domr1enlSW88 wood Gr4ldkV for COMPOs+FadMYwdh ma.doc EXHIBIT A SPECIFICATIONS All labor, equipment and materials necessary for the grinding of brush, yard waste, clean construction lumber and other miscellaneous wood products. Material must be ground using a tub grinder. The City inspects the wood waste for plastic and large metal objects when it is delivered to the grinding area, but cannot guarantee that the grinding pile is free of metal objects. The City will notify the successful bidder when approximately 20,000 cubic yards of brush and/ or construction lumber has accumulated. The size of the wood chips must be suitable for the composting operation. Material screen size for double grind material shall be 5" x 7" for coarse material and 2" x 2" for fine material. Tub grinder must be equipped with water supply connection for dust control. The City reserves the right to notify successful bidder when approximately 3,000 yards of double grind or mini mulch is needed for unexpected jobs. The bidder will mobilize equipment and begin grinding within 14 days of official notification of award. S:\prch\Contracts DocumentsQ786 Wood Grinding for Compost Facility with Ins.doc ibc#1BTT B v 1. .�- �•�.. c. -.3 .,�. c r.- «.. - •+ � «� ,7 F All tabor. emApnent and matelots neoesemy for tghe kmft of Quo bmsh. Yard waste. dean cmahadton Im *w and o6w Is, ""�_ 3I�j0�• Ymds m q mMed per bdffdcd Vedficaftm (W 11) RETURN ONE (1) COMPLETE ORIGINAL ANE ONE (1) COPY OF EXECUTED BID PROPOSAL 'Prices sheR be bid F.O B. DOOM -W case of wkWaftn anon. unk lmI I a ow PMVSL PAGE 1 OF BID AIM Bidders Indies l /C J\ The undersigned agrees this bid becanes the property of the City of Denton after the official opening - The undersigned affirms he has famrilartaed hinsoNvA h the local condone underwhich the work is to be performed: satisfied hmmelf of the oonddtons of del my, handy and storage of equmnt and an other mottos that may be Incidental to the work, before sutxnitdng a bid. The undersigned agrees, if thts bid is accepted, to furnish any and all Mmolservices upon which prices are oifeed, at the pnce(s) and upon the terms and condilm s contabied to the Sperftabons. The period for acceptance of this Bid Proposal wig be sbdy (60) calendar days unless a different period is noted by the bidder. The redowgried affirms that they are duly authorkmed to anKa is this contract, that this bid has not been prepared In col union with any other Bidder, nor any anployse of the City of Denton, and that the contents of the bid have not been communicated to any ~ bidder or tO any errPloyee of the City of Denton prior to the official opening of this bid. vendor thereby assWo to purchmer any and au claims forovercharge; associated with thus contract which arise underthe antitrust laws of the Untied Sides,15 USCA Section 1 at and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Cam. Code. Section 15.01. at am The undersigned an,; that they thous read and do understand the specifications and any atiadunents contained in this bid package. COMPANY IS: Business included in a Corporate inane Tax Return? V YES NO JCorporation organized & existing under the lows of the State of Tex Q.-S Individual trading as Principal offices are In the city Ctt . : , :< i� EXHIBIT C CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided he►ein. flan apparent low bidderfaifs to comply strictly with the insurance requirements, that biddermay be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractormay, upon written request to the Purchasing Department, ask forclanficabon of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived afterbid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. SWtehNGonheds D=mwdst3786 Wood GmMing for Compost Feci tr wM Ins.doo Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees •• and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CIM EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED'. 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. S:VmhNContrads Doc mrerdsf3766 Wood Grinding for Compost FaciritywlM Ins.doc SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: (X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500.000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability Form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage overage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability Form (ISO Form GL 0002 current edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. Pq Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300.000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. WprchZontracts Doam nts%3788 Wood ridnding for Compost Facfily with Irq.dw Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or all owned, hired and non -owned autos. M Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. 5:VrchXGontracls DocumemsW86 Wood Grinding for Compost Facility wdh Ins.doc [I Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery insidefoutside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket° basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [) Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. S:tprchlContracls Documants3786 Wood GNMug for Compost Facility with Ins.doc ATTACHMENT [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A Definitions: certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCG- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration'of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: S:Wrch\Contrads Doaaments%3786 Wood GrhMirg for Compost Fedli f with Ins.doc (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, ifthe 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 end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; S:lprchM.on"M ooamants%3788 Wood GMding for Compost Fadrdywdh IMAM (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7). with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self-insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties; or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. S.VrcMContrac% D=rnerds13786 Wood GMding for Compost Faalit %ft Ins.doc CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government 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 violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. t Nam of person doing b n as with local governmental entity. z Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate fling authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after.the date the originally filed questionnaire becomes incomplete or inaccurate.) s Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationshipwith a person who is a local government officer and who p g appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Amended 0111312006 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. 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 from the filer of the questionnaire? FlYes 'No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes � No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that 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. Describe any other affiliation or business relationship that might cause a conflict of interest Signature of person doing business with entity Date Amended 0 1/ 1312006 OF LIABILITY INSURANCE DATE ACORD CERTIFICATE D8/17/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DIVERSIFIED INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 668 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 404 N MCCOY BLVD INSURERS AFFORDING COVERAGE NEW BOSTON TX 75570- INSURED INSURERA ACCEPTANCE INDEMNITY INS. CO. INSURERS SOUTHERN COUNTY MUTUAL INS CO G W G WOOD GROUP, INC. INSuEE c: ACCEPTANCE INDEMNITY INS. CO. 2201 LONG PRAIRIE RD. INGURER D: AIG INSURANCE COMPANY SUITE 107 LOCK BOX 310 INSURERS FLOWER MOUND TX 75022-4964 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSURANCE POLICY NUMBER POUCYEFFECTIVE DATE MM/DD POMCYEXPIRATION DATE MMIDO DMNS A GENERALLIABILITY CL00055563 02/25/2007 02/25/2008 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (My we Tve $ 100,000 X COMMERCIALGENERALLIABIUTY MEDEXP An ana an $ 5,000 CLAIMS MADE 111 OCCUR PERSONALBADVIWURY $ 1,000,000 - GENERALAGGREGATE $ 2,000,000 GENT AGGREGATE UMIT APPLIES PER - PRODUCTS - COMPICP AGG E 2,000,000 POLICY PRO JECT LOC B AUTOMOBILE LMBIUTY STC553728-4 12/16/2006 12/16/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea ae d.t) E 1,000,000 BODILY INJURY ALL OWNED ALTOS SCHEDULED AUTOS (Per Fersen) $ BODILY I W URY HIRED ALTOS NON-0WNEDAUTOS (Par as ent) $ PROPERTY DAMAGE (Per a¢ident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E OTHERTHAN EAACC $ ANY AUTO $ AUTO ONLY AGG C EXCESSLIABIUHY OCCUR F—lCl-AIMS MADE UL00005484 02/25/2007 02/25/2008 EACH OCCURRENCE $ 1,000,000 AGGREGATE E 2,000,000 $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC 336-62-82 02/25/2007 02/25/2008 X TO SLIMITS GER EL EACHACCIDENT - $ 11000,000 EL DISEASE -EA EMPLOYEE$ 11000,000 ., E.L. DISEASE - POLICY LIMIT E 1,000,000 OTHER B PHYSICAL DAMAGE STC553728-4 12/16/2006 12/16/2007 E1000 DEDUCTIBLE DESCRIPTION OF OPERATIONS44)CATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS SAID POLICY SHALL NOT BE CANCELLED, NOEBUK ED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNBR(CITY) EXCEPT WMEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN NHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED. CERTIFICATE HOLD IS ALSO ADDITIONAL INSUREDTHE CITY OF DENTON, ITS OFFICIALS, AGENTS,EMPLOYEES AND VOLUNTEERS. CITY OF DENTON 901 B TEXAS ST DENTON Gcnan 9S-Q 11Im% P6,w INS025S(Nlo).o1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE ELECTRONIC LASER FORMS, INC.-(M).i2T-054S r 1988 Page 1 d 2