2013-195OItDINANCE NO. 013-195
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR WOOD GRINDING SERVICES FOR THE CITY OF DENTON BENEFICIAL
REUSE DEPARTMENT 1N A TIIREE (3) YEAR AMOUNT NOT TO EXCEED $525,000;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFP 5238-AWARDED TO THELIN RECYCLING COMPANY, LP).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the supply of wood grinding services for the City of Denton Beneficial Reuse Department 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,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request 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.
RFP
NUMBER CONTRACTOR AMOUNT
5238 Thelin Recycling Company, LP $525,000
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 RFP 5238 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
i
PASSED AND APPROVED this the �� day of , 2013.
)
MARK . B OUG S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY. ��
�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
4-ORD- 238
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND THELIN RECYCLING COMPANY, LP
(FILE 5238)
THIS CONTRACT is made and entered into this � day o�,GU � .D., 2013,
Uy and between Thelin Recycling Compaiiy, LP a corporation, whose addr ss is 5225 Thelin
Street Fort Worth, TX 76115, 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 Uy
the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
muival beiiefits to be obtained hereUy, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products aizd/or services in accordance with the City's document
RFP #5238-Wood Grinding Services, a copy of which is on file at the office of Purchasing Agent
and incorporated herein for all purposes. The Contract consists of this written agreeinent and the
following items which are attached hereto and incorporated herein Uy reference:
(a) Special Terms and Conditions (Exhibit "A");
(b) Request for Proposal (on File at the Office of the Purchasing Agent);
(c) City of Denton Standard Ternis and Conditions (Exhibit "E");
(d) Insurance Requirements (Exhibit "C");
(e) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D");
(� Contractor's Proposal. (Exhibit "E");
These docuiiients make up the Contract documents and what is called far by one shall Ue
as Uinding 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 gi.ving
precedence first to the written agreement then to the contract documents in the arder in which
they are listed aUove. These documents shall be referred to collectively as "Contract
Documents."
File # 523 8
IN WITNESS WHEREOF, the parties of ti�ese presents �hava executed this ag�'eement in
tb.e year and day first above written.
ATTEST:
3ENNIFER, WALTERS, CITY SECRETARY
Name: IU�elrae( J i�ll
Title:,�r 5�dc�►�1r -
Sl� .R�c,.s�aG
PHONE NUMBER
heie�or@+�bel�r+t+.e�cb�nq .CO�
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EMAIL RESS
CITY OF DENTON, TEXAS
BY: C� �------
GEORGE C. CAMPBELL, CITY MA,NAGER
By; Date: o�
APPROVED AS T� LEGAL FORM:
ATTITA BURGESS, CITY ATTORNEY
: �/�
RFP # 5238
EXHIBIT "A"
Special Terms and Conditions
Exhibit A
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings
and other requirements included in the City's solicitation are applicabi� to Contrac�s/Purchase
Orders issued by the City 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 Solicitation 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.
1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide a11
deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract
shall be effective as of the date the contract is signed by the City, and shall continue in effect
until all obligations are performed in accordance with the Contract.
3. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a
separate invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include. a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department's Name,
and the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the
freight waybill, when applicable, shall be attached to the invoice. The Contractor's narne,
remittance address and, if applicable, the tax identification number on the invoice must exactly
match the information in the Vendor's registration with the City. Unless otherwise instructed in
writing, tl�e City may rely on the remittance address specified on the Contractor's invoice.
C. Invoices for labor shall include a copy .of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
RFP # 5238
4. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid
within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being
received in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate speci�ed in Texas Government Code Section 2251.025 or
the maximum lawful rate; except, if payment is not timely made for a reason for which the
City may withhold payment hereunder, interest shall not accrue until ten (10) calendar
days after the grounds for withholding payment have beep resolved. �.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that, the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to
provide, axe 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
tirne specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded Contractor who is in arrears to the City for delinquent
taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding.
The City's payment obligations are payable only and solely from funds Appropriated and
available for this contract. The absence of Appropriated or other lawfully available funds shall
render the Contract null and void to the extent funds are not Appropriated or available and any
deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the
Contractar 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.
5. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms.
RFP # 5238
6. FINAL PAYMENT AND CLOSE-�UT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE
Compliance Report to the Purchasing Manager no later than the 15th calendar day after
completion of all work under the contract. Final payment, retainage, or both may be withheld if
the eontractor is not in compliance with the requirernents 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.
7. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Gontractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in
progress or audit fmdings are yet unresolved, in which case records shall be kept until all audit
tasks are completed and resolved. These books, records, documents and other evidence sha11 be
available, within ten (10) business days of written request. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to the Contract, and to allow the City similar access to
those documents. All books and records will be made available within a 50 mile radius of the
City of Denton. The cost of the audit will be borne by the City unless the audit reveals an
overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of
the audit, including any travel costs, must be borne by the Contractor which must be payable
within five (5) business days of receipt of an invoice.
B. Failure to comply with the provisions of this section sha11 be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed
to include drafts and electronic files, even if such drafts ar electronic files are subsequently used
to generate or prepare a final printed document.
8. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MSE/WBE agreed to Plan; the
Contractor shall comply with all requirements approved by the City. The Contractor shall not
initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor
shall not substitute any Subcontractor identified in the Plan, unless the substitute has been
accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute
a waiver of any rights or remedies of the City with respect to defective deliverables provided by
a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a
monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later
than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with
the terms of the
RFP # 5238
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in s�rict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for tlie benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on
the part of the City to pay or to see to the payment of any moneys due any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
9. WARRANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently
without consultation, communication, or agreement for the purpose of restricting competition, as
to any matter relating to such fees with any other Contractor or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
10. 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 a11 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
accardance 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
RFP # 5238
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 ar 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 services it may be required to purchase under the Contract fro�n 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.
11. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall
pay all claims, costs, losses and damages attributable to the City's evaluation of and
determination to accept such defective or non-conforming. deliverables. If any such acceptance
occurs prior to final payment, the City may deduct such amounts as are necessary to compensate
the City for the diminished value of the defective or non-confornung deliverables. If the
acceptance occurs after final payment, such amount will be refunded to the City by the
Contractor.
12. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time
specified after demand is made, the demanding party may treat this failure as an anticipatory
repudiation of the Contract.
13. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation
or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by
the City as a result of the issuance of such Stop Work Notice.
14. DEFAULT: The Contractor shall be in default under the Contract if the Contractar (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.
15. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall
have the right to terminate the Contract for cause, by written notice effective ten (10) calendar
days, unless otherwise specified, after the date of such notice, unless the Contractor, within such
ten (10) day period, cures such default, or provides evidence sufficient to prove to the City's
reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy
available under law or in equity, the City shall be entitled to recover all actual damages, costs,
losses and expenses, incurred by the City as a result of the Contractor's default, including,
without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and
post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
RFP # 5238
Contractor, the City may remove the Contractor from the City's vendor li�t �or three (3) years
and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right or
remedy provided by law.
16. TERIVIINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further
work 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.
17. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or
deliverable required to be submitted by the Contractor to the City shall be grounds for the
termination of the Contract for cause by the City and may result in legal action.
18. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor
if the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price a,nd execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations
under this Contract if, while and to the extent such default or delay is caused by acts of God, fire,
riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond
the reasonable control of such Party. In the event of default or delay in contract performance due
to any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of
such failure to perfortn.
19. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution
mechanism, including attorney and other professional fees for: (1) damage to or loss of
the property of any person (including, but not limited to the City, the Contractor, their
respective agents, officers, employees and subcontractors; the officers, agents, and
employees of such subcontractors; and third parties); and/or (2) death, bodily injury,
illness, disease, worker's compensation, loss of services, or loss of income or wages to
any person (including but not limited to the agents, officers and employees of the City,
the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include
the sale of defective or non-conforming deliverables, negligence, willful misconduct or a
breach of any legally imposed strict liability standard.
RFP # 5238
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE C�TI�,
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDENINIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRAC'i'OR, OR
THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUSCONTRACTORS, IN THE
PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE
CONTRACT. NOTHING HEREIN SHALL SE 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.
20. INSURANCE: The following insurance requirements axe applicable, in addition to the
specific insurance requirements detailed in EXHIBIT', C The successful Contractor shall procure
and maintain insurance of the types and in the minimum amounts acceptable to the City. The
insurance sha11 be written by a company licensed to do business in the State of Texas and
satisfactory to the City.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
ii. The Contractor sha11 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 subj ect 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 comrnence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City
shall not relieve or decrease the liability of the Contractor hereunder and shall not be
construed to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the proj ect.
v. The Contractor's and all subcontractors' insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers' compensation coverage written by the Texas Workers'
Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
RFP # 5238
vii. The "other" insurance clause shall not apply to the City where the City is an
additional insured shown on any policy. It is intended that policies required in the
Contract, covering both the City and the Contractor, shall be considered primary
coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the
Contractor shall carry Umbrella or Excess Liability Insurance for any differences in
amounts specified. If Excess Liability Insurance is provided, it sha11 follow the form of
the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make
any reasonable requests for deletion or revision or modification of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance
coverage, limits, and exclusions when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, the claims history of the industry or
financial condition of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
�ii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
21. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the
City shall state the date of notification of any such claim, demand, suit, or other action; the
names and addresses of the claimant(s); the basis thereof; and the name of each person against
whom such claim is being asserted. Such notice shall be delivered personally or by mail and
shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney
shall be to City Ha11, 215 East McKinney Street, Denton, Texas 76201.
22. NOTICES: Unless otherwise specified, all notices, requests, or other communications
required or appropriate to be given under the Contract shall be in writing and shall be deemed
delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or
Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed
delivered upon receipt by the addressee. Routine comrnunications may be made by first class
RFP # 5238
mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to
the address specified in the Contractor's Offer, or at such other address as a party may notify the
other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton,
Texas 76209 and marked to the attention of the Purchasing Manager.
23. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subj ect to the Texas Public
Information Act, Chapter 552, and Texas Government Code.
24. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractor in accorda.nce with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity .with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys
and other professionals) arising out of or resulting from: (i) any claim that the City's exercise
anywhere in the warld of the rights associated with the City's' ownership, and if applicable,
license rights, and its use of the deliverables infringes the intellectual property rights of any third
party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated
in this Contract. In the event of any such claim, the City shall have the right to monitor such
claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf.
Further, Contractor agrees that the City's specifications regarding the deliverables shall in no
way diminish Contractor's warranties or obligations under this paragraph and the City makes no
warranty that the production, development, or delivery of such deliverables will not impact such
warranties of Contractor.
25. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City's and/or its licensors' confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, "Confidential Information"). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractar (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential
Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or
otherwise use the Confidential Information without the prior written consent of the City or in a
manner not expressly permitted under this Agreement, unless the Confidential Information is
required to be disclosed by law or an order of any court or other governmental authority with
proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such
information so as to permit the City reasonable time to seek an appropriate protective order. The
Contractor agrees to use protective measures no less stringent than the Contractor uses within its
own business to protect its own most valuable information, which protective measures shall
RFP # 5238
under all circumstances be at least reasonable measures to ensure the continued confidentiality of
the Confidential Information.
26. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject 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 this Paragraph 38 shall negate the City's sole or joint
ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made-for-
hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees
providing services to the City hereunder to execute, acknowledge, and deliver an assignment to
the City o fl 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,
assignrtlents, 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) instrurnents or
papers such as those described in this Paragraph 3 8 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.
27. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
28. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
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29. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the City shall have the
right, in addition to any other remedy available, to cancel the Contract without liability and to
deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
30. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract
without liability if it is determined by the City that gratuities were offered or given by the
Contractor or any agent or representative of the Contractor to any officer or employee of the City
with a view toward securing the Contract or securing favorable treatment with respect to the
awarding or amending or the making of any determinations with respect to the performing of
such contract. In the event the Contract is canceled by the City pursuant to this provision, the
City shall be entitled, in addition to any other rights and remedies, to recover or withhold the
amount of the cost incurred by the Contractor in providing such gratuities.
31. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor sha11 render the
Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of
Interest Questionnaire (Eghibit D).
32. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City, Texas for the
purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. The City shall not have supervision and control
of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor
shall perform the services hereunder according to the attached specifications at the general direction
of the City Manager of the City, Texas, or his designee under this agreement.
33. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successars and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the Ciry. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a pariy hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
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34. WANER: No claim or right arising out of a breach of the Contract can be discharged in
whole or in part by a waiver or renunciation of the claim or right unless the waiver or
renunciation is supported by consideration and is in writing signed by the aggrieved.party. No
waiver by either the Contractor or the City of any one or more events of default by the other
party shall operate as, or be construed to be, a permanent waiver of any rights o� obligations
under the Contract, or an express or implied acceptance of any other existing or future default or
defaults, whether of a similar or different character.
35. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed ar similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
36. INTERPRETATION: The Contract is intended by the parties as a final, co�}�lete and
exclusive statement of the terms of their agreement. No course of prior dealing between the
parties or course of performance or usage of the trade shall be relevant to supplement or explain
any term used in the Contract. Although the Contract may have been substantially drafted by one
party, it is the intent of the parties that all provisions be construed in a manner to be fair to both
parties, reading no provisions more strictly against one party or the other. Whenever a term
defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control, unless otherwise defined in the Contract.
37. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the
filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relie£ Either
party may make a written request for a meeting between representatives of each party within
fourteen (14) calendar days after receipt of the request or such later period as agreed by the
parties. Each party shall include, at a minimum, one (1) senior level individual with decision-
making authority regarding the dispute. The purpose of this and any subsequent meeting is to
attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days
after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they
will proceed directly to mediation as described below. Negotiation may be waived by a written
agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the
negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in
mediation skills to assist with resolution of the dispute. Should they choose this option; the City
and the Contractor agree to act in good faith in the selection of the mediator and to give
consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of
the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within
thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by
the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to
participate in mediation in good faith for up to thirty (30) calendar days from the date of the first
mediation session. The City and the Contractor will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they
rnay utilize to represent them or otherwise assist them in the mediation.
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38. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as
adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that
would refer to and apply the substantive law of another state or jurisdiction. All issues arising
from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, sha11 not
be construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
39. INVALIDITY: The invalidity, illegality, or uneriforceability of any provision of the
Contract shall in no way a.ffect the validity or enforceability of any other portion or provision of
the Contract. Any void provision sha11 be deemed severed from the Contract and the balance of
the Contract shall be construed and enforced as if the Contract did not contain the particular
portion or provision held to be void. The parties further agree to reform the Contract to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Contract from
being void should a provision which is the essence of the Contract be determined to be void.
40. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Mernorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal
Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of
operation shall be between 8:00 am and 5:00 pm, Monday through Friday, excluding City of
Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of
operation must be approved by the City Manager of Denton, Texas or his authorized designee.
41. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the
Contract.
42. NON-SUSPENSION OR DEBARM�NT CERTIFICATION:
The City is prohibited from contracting with ar making prime or sub-awards to parties that are
suspended or debarred or whose principals are suspended or debarred from Federal, State, or
City Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its
principals are not currently suspended or debarred from doing business with the Federal
Government, as indicated by the General Services Administration List of Parties Excluded from
Federal Procurement and Non-Procurement Programs, the State of Texas, or the City.
RFP # 5238
43. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national origin, be refused the benefits of, or be othenvise subjected
to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as
defined in the ADA. ,
44. SUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable, in addition to the specific federally
funded requirements.
A. Definitions. As used in this paragraph �
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic fum), and any applicable duty (whether or not a duty-free entry certificate is issued); o�
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this definition,
plus allocable overhead costs, but excluding profit. Cost of components does not include any
costs associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
comrnercial quantities of a satisfactory quality are treated as domestic. Scrap generated,
collected, and prepared for processing in the United States is considered domestic.
iv. 'Bnd product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. l0a - lOd) 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 dornestic 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".
45. RIGHT TO INFORMATION: The City 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.
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46. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
47. PREVAILING WAGE RATES: All respondents will b�'required to comply with Provision
5159a of "Vernon's Aiuiotated Civil Statutes" of the State of Texas with respect to the payment
of prevailing wage rates and prohibiting discrimination in the employment practices.
http:Uwww.access. gp�. gov/davisbacon/tx.html
48. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractar
or supplier shall comply with all State, Federal, and Local laws and requirements. The
Respondent must comply with all applicable laws at all times, including, without limitation, the
following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas
Penal Code, which prohibits the offering or conferring of benefits to public servants. The
Respondent shall give all notices and comply with all laws and regulations applicable to
furnishing and performance of the Contract.
49. FEDERAL, STATE, AND LOCAL REQiTIREMENTS: 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 Worker's Compensation insurance coverage. Respondent shall ensure
compliance with a11 federal and State tax laws and withholding requirements. The City shall not
be liable to Respondent or its employees for any Unemployment or Workers' Compensation
coverage, or federal or State withholding requirements. Contractor shall indemnify-the City and
shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this
Section.
50. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C.
701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may
hereafter be issued.
51. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property
and equipment caused by the Respondent and its employees, agents, subcontractors, and
suppliers, including any delivery or cartage company, in connection with any performance
pursuant to the Contract. The Respondent shall notify the City Procurement Manager in writing
of any such damage within one (1) calendar day.
52. FORCE MAJEURE: The City, any Customer, and the Respondent shall not be responsible
for performance under the Contract should it be prevented from performance by an act of war,
order of legal authority, act of God, or other unavoidable cause not atkributable to the fault or
negligence of the City. In the event of an occurrence under this Section, the Respondent will be
RFP # 5238
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 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.
53. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
uxider the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
ar rernedy. A waiver by a Party of any breach of any term of the Contract will not be construed
as a waiver of any continuing or succeeding breach.
54. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no
provision of the Contract is in any way intended to constitute a waiver by the City of any
immunities from suit or from liability that the City may have by operation of law.
55. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years
after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that a11
audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant
access to all books, records and documents pertinent to the Contract to the CPA, the State
Auditor of Texas, and any federal governmental entity that has authority to review records due to
federal funds being spent under the Contract.
RFP # 523 8
EXHIBIT� "B"
City of Denton Standard Terms and Conditions
Exhibit B
Special Terms and Conditions
Total Contract Amount
The contract total for services shall not exceed $525,000. Pricing shall be per Exhibit E
attached.
Contract Terms
The contract term will be one (1) year period, effective from date of award or notice to proceed as
determined by the City of Denton Purchasing Department. and the Awarded Contractor shall have
the option to renew this contract for an additional two (2) one-year periods. Materials and services
undertaken pursuant to this RFP will be required to commence within fourteen (14) days of delivery
of a Notice to Proceed. The services sha11 be accomplished per the Technical Specifications as
identified in Exhibit 2 and the Procurement Process and Procedures as outlined in Section II.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date in accordance with the prbvision of the
section titled "price adjustments", or the section(s) titled "termination". At the sole option of the
City of Denton, the Contract rnay be further extended as needed, not to exceed a total of six (6)
months.
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EXHIBIT "C"
Insurance Requirements
'Q'� � CERTIFIC�#T� OF LI DaTEjM�,DDmYY)
ABILITY INSURANCE 5/23/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIGIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN 7HE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICqTE HOLDER.
iMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATfOW IS WAIVED, suhject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
.-�c:ertificate holder in lieu of such endorsement(sl.
PRODUCER
�INSURICA
2301 East Lamar Blvd.
Su�te 450
Ar3.ington TX 76006-74I5
INSUREA
-Thelin Recycling Company, I,P
5225 Thelin Street
Andrea Hollis, ACSR
���. (B17) 226-3710
ahollis@INSURICA.com
United Fire 6
Texas Mutual
(866)652-9333
�'or.t Worth TX 76115-4402 �� �^�
IMSl1RER F :
COV�RAGES CERTIFICATE NUMBER:13-14 Master � REVISlON NUMBER:
= T�IIS IS-TO CERTIFY THAT 7HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED'ABOVE FOR THE-POLICY PERIOD'
INd1CATED. NONNTHSTANDING ANY REQUIREMEN7, TERM OR COiJDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESAECT TO 1NHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE IMSURANCE AFFORDED BY THE POLICIES DESCRlBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
�LTR TYPE OF INSURqNCE A�� POLICY EFF POLICY EJ(P
POLICY NUMBER MM1DD/YYYY MM/DD L1M1TS
- GENERAL UABIUTY
EACH OCCURRENCE $ 1� 000 , OO
X COMMERCIAL GENERAL LIABILfTY PREMISES Ea oaurrenee S 300 � 00
A CLAIMS�v1ADE � OCCUR 5317311 /Z5/2013 /25/2014 MED EXP (Arry one person) S 10 00
ciEN'L AGGREGATE LIMff APpLIES PER:
X POUCY PR�� LOC
AUTOMOBILE LJABILITY
A X ANY AUTO
ALL OWNED SCHEDULED
AUiOS AUTOS
HIRED AUTOS NON-OWNED
AUTOS
X UMBREILA UAB X OCCUR
A EXCESS LIAB CLAIMS�4IHDE
DED X RETENTtON S 10 , 00
$ WORKERS COMPENSATION
AND EMPLOYER5' LIABIUTY
ANY PROPRIETORlPARTNERlEXECUTIVE Y! N
OFFICER/MEMBER EXCLUOED? a N /
(Mandatory In NH)
� If,yes,.desuibe_under
DESCRIPTION OF OPERATIONS below
A Auto Physical Damage
5317311
5317311
SF0001238210
5317311
i
& ADV 1NJURY $ 1, 000, 00
GGREGATE $ 2 , OOO � 00
- COMPlOP AGG S 2� OOO � OO
S
BO�ILY INJURY (Per person) $
3 /25/2014 80DILY IMJURY (Per accident} S
PROPERTY DAMqGE $
Per accident
t IninsureA mnf...:�� �....,til..�w $
25/2013 �5/25/2014
3 �5/25/2014 I E.L.
iREGATE g
S
WC STATU• OTH-
EACH ACCIDEN7 $
nI.SFACF _ FA G�no� nv� ¢
1 , �OQ i Q�Q
5,000,000
5,000,000
1,000,000
1, �QO. ����i
013 �.5/25/2014 I Comprehensive 1 OUO 2 00
� con�s�o� i;000i2;oo
DESCRIPTION OF OPERATlONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additfonal Remarks Schedule, tf mare space Is requlred)
Re£erence: Bid 3935 - Wood Grinding for Compost Facility. City of Denton is named as a additional
insured for General Liability and Automobile Liability and a Waiver of Subrogation applies to General
Liability and Automobile Liability when required by written contract by Certificate Holder.
City of Denton
Attn: Purchasing Manager
901 Texas St.
Denton, TX 76201
ACDRD 25 (2010I05)
iNS025 �zotoos�.o�
CANCELLATION
SHOULD ANY OF THE ABOVE pESCRIBED POlIC1ES BE CANCELLED BEFORE
7HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED !N
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATNE
� �� _ .e,���_
R Redden, CIC/AHOLLI ��" �
O�988-2010 ACORD CORPORATION. All rights reserved.
Tf18 %�Ci�R� n9MA Aftf� IAnn �rn �nnic4nrn.� ...�.L.. ..t wrnc�e�
Exhibit C
INSURANCE REQUIREMENTS AND
WORKERS' COMPENSENTATION REQUIREMENTS
Upon contract execution, all insu�ance requi�ements shall become contractual obligations,
which the successful contractor shall have a duty to maintain thr�oughout the course of this
contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter.
Contractor shall file with the Purchasing Depa�tment satisfactory ceYtificates of insurance
including any applicable addendum or enclorsements, containing the contract number and
title of the project. Cantractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requir�ements at any time; however, Contr�ctor shall not
commence any work or deliver ccny material until he or she receives notification that the
contract has been acceptecl, 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- VII or better.
• Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor sha11 procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
■ That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
• Cancellation: City requires 30 day written notice should any of the policies described
on the certificate be cancelled or materially changed before the expiration date.
RFP # 5238
Should any of the required insurance be provided under a claims made form, Contractor
sha11 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 doubl�_the
occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests far payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse date.
If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies propased or obtazned in satisfaction of this Contract shall additionally
comply with the following marked speczfications, and shall be maintainecl in corrtpliance with
these additional spec�cations throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse ar underground (XCU) exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
RFP # 5238
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all autornobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• a11 owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements far 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 Attachrnent 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers'
Compensation Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
sha11 be on an "occurrence" basis and the policy shall be issued by the saxne insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
$500,000.00 combined bodily injury and property damage per occurrence with a
$1,000,000.00 aggregate.
[] Fi�e Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor ar if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement. .
RFP # 5238
[ ] 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.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractar 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.
RFP # 5238
ATTACHNIENT 1
[X] Workers' Compensation Coverage for Suilding or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage. ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the comrnission, or a coverage
agreement (TWCC-81, TWCG82, 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 o£ 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 40L011(44) for a11 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 frorn each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the proj ect, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
RFP # 5238
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 proj ect.
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 proj ect that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
L The contractar 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 proj ect, for the duration of the proj ect;
2. provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
proj ect; and
b. a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
RFP # 5238
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 proj ect; 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 subj ect the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to cornply 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 governrnental entity.
RFP # 5238
EXHIBIT "D"
Form CIQ — Conflict of Interest Questionnaire
Exhibit D
CONFLICT OF 1NTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental entit
This questionnaire reflects changes made to the law by I3.B. 1491, 80th Leg., Regular Session. OFFICE
This questionnaire is being filed in accardance with chapter 176 of the Local Government Code by a person who USE ONLY
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person
meets requirements under Section 176.006(a). Date Received
By law this questionnaire must be filed with the records administrator of the local govemment 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 Govemment Code. An
offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2
� 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 filing autharity not ]ater
than the 7`h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom fler has an employment ar business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed far each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Govemment 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 ta�cable income, other than
investment income, from the filer of the questionnaire?
� Yes � No
B. Is the filer of the questionnaire receiving or likely to receive taacable income, other than investment income, from ar
at the direction of the local government officer named in this section AND the taYable income is not received from
the local governmental entity?
0 Yes 0 No
C. Is the iiler of this questionnaire employed by a corporation ar other business entity with respect to which the local
govemment officer serves as an officer or director, or holds an ownership of 10 percent or more?
� Yes � No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental Date
entity
RFP # 5238
EXHIBIT "E"
Contractors Proposal
Exhibit 1
Respondent's Name:
Thelin Recycling Company
RFP 5238- Pricing Sheet for Wood Grinding Services
The respondent shal! complete the fo!lawing section, which directly corresponds to the specifications. The contractor shall not make changes to this format.
Product Proaosal Pricina (FOB DESTINATIONI:
Item # EST. ANNUAL
4n' UOM
1A � 100,000 � CY
2A
2B
2C
2D
2E
2F
CY
CY
CY
CY
CY
CY
Product Description
All labor, equipment and materials necessary for the grinding of brush, clean
construction lumber and other miscellaneous as specified per technical specifications.
Grinding/mulching natural materials on site (1- 10,000 CY)
Grinding/mulching natural materials on site (10,000 - 20,000 CY)
Grinding/mulching natural materials on site (20,000 - 30,000 CY
Add - Material great than 12 Ft.
Mobilization and demobilization ( PerJob)
Cost reduction if City removes, dispose and clean job site. (-$_
I I Delivery ARO
Unit Price Extended Price (Days)
1.20 I $ 120
$ 2.00 NA
$ 1.75 NA
$ 1.2o Na
$ 2.00 NA
$ 2,000.00 NA
;Y) No Bid NA
Total Cost of Products (Annual) $ 120,000.00
Payment Term Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice
that is paid within the time period indicated below.
*NOTE: PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED FOB DESTINATION.
�RIGiN��,
The City of Denton
Purchasing Department
901-B Texas Street
Denton, Texas 76209
REQUEST FOR PROPOSALS
RFP 5238
WOOD GRINDING SERVICES
FOR THE CITY OF DENTON
NIGP CLASS and ITEM
595 95
Issue Date: June 10, 2013
Response due Date and Time (Central Time):
Tuesday, July 2, 2013, 2:00 p.m.
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
SOLICITATION CHECKLIST
Checklist for RFP #5238
Title: WOOD GRINDING SERVICES
Opening Date: 7/2/2013 at 2:00 PM
Contractor Name and Address hel�rti e GJ -��f1A t-1 ari.� �i�
Contact: ��r �G'reL fUic,�nr � (�i'!1
TX Taxpayer VIN#: '"j�- 210 39 7 pZ
Phone: �l? 9'24 SZvd4
Fax: 17 a ag
Email: � r
M�c�ael �-�eli,ntec�cG .00ah,t
1. Submit one (1) original and two (2) WRITTEN copies of submittal (REQUIRED)
a. Submit Written Proposal by courier, hand delivery, or mail
b. Exhibit 1-Excel Pricing Sheet, Review, complete, and return
2. Email Exhibit 1 in Excel format to ebidsCc�cityofdenton.com
3. Submittal Content (Meet Sectj,on III)
• Review all requirements '�
• Ensure your firm meets all stated minimum requirements ✓
• Documentation included t� upport the evaluation criteria�—
• Company Information
• Relevant Experience and Qualifications ✓
• Methodology (Service Contracts Only)
• Quality Assurance / Quality Control 7—
• Litigation History Statement '�
• Addendum(s) Re�iewed and return �
• Attachment A, Review ✓
• Attachment B, Not Applicable
• Attachment C, Review, complete, and return
• Attachment D, Not Applicable
• Attachment E, Review, complete, and return
✓
✓
• Attachment F, Review, complete, and return ✓
• Attachment G, Review, complete, and return �
• Attachment H, Review, complete, and return
• Attachment I, Review �
• Attachment J, Review, complete, and return �
PAGE 2 OF RFP #5238
Section I
Section II
Section III
Section N
Section V
Section VI
Attachment A
Attachment B
Attachment C
Attachment D
Attachtnent E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
E�ibit 1
Earhibit 2
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
TABLE OF CONTENTS
General
Procurement Process and Procedures
Submittal Requirements
Evaluation and Award
Payment and Performance Requirements
Standard Terms and Conditions
Insurance and Workers' Compensation Requirements
Not Applicable
Business Overview Questionnaire Forms
Not Applicable
Safety Record Questionnaire
References
Conflict of Interest Form
Disadvantaged Business Utilization
Sample Contract Documents
Acknowledgment
Pricing Sheet
Scope of Work and Technical Specifications
PAGE 3 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
Section I
General
INTRODUCTION
In accordance with the provisions of Texas Local Government Code, Chapter 252, The City of
Denton (the City) is requesting proposals to contract with an individual or business with
considerable experience in providing goods or services of this RFP. The proposals and the cost
solutions shall be submitted to the City of Denton in a sealed submission, in accordance with Texas
Local Government Code 252.0415 and 252.042.
The awarded individual or business shall possess a proven track record of using innovative
approaches to providing goods and services that represent the best value to their clients. The
awarded individual or business shall have the ability to accomplish all aspects of the requested
services. The selected individual or firm should be able to provide innovative methods to deal
with municipal challenges, and cost effective solutions.
The City of Denton is e�eempt from Federal Excise and State Sales Tax.
A. COMMUNITY PROFILE
Denton, Texas is a Main Street City in the North Texas region at the apex of Interstate 35 East and
Interstate 35 West. Established in 1857, Denton is the county seat of Denton County and was named
for John B. Denton. Denton is unique in composition; the city is comprised of over 92 square
miles which radiate out in all directions from the downtown core, with a population of 113,000.
In addition to the unique physical composition of the city, there is a unique character to the City.
It is comprised of a diversity of neighborhoods and land uses that range from historical residential
and commercial districts to new residential subdivisions and industrial complexes to greenbelt
areas and newly annexed rural areas. Denton is home to two state universities, the University of
North Texas, and Texas Woman's University, and two regional hospitals. The City is traversed
by state highways, rail lines, and Interstate 35 E& W. This summer Denton County
Transportation Authority (DCTA) began operation of a passenger rail service that runs from
downtown Denton to the City of Carrollton, where passengers may transfer to the Dallas Area
Rapid Transit (DART) system and continue travelling by rail within the Metroplex region. The
rail service is accompanied by the opening of two rail stations in Denton. The City of Denton has
also taken a proactive approach in its pursuit of environmental and sustainable initiatives. The
City has, through DME, become a national leader in renewable energy with more wind power per
capita than any other city in the United States and through Denton Solid Waste, become a
national leader in sustainability and environmental stewardship through various award winning
programs.
B. BACKGROUND
The City of Denton has experienced significant growth over the past few years and significant
utilization of goods and services to meet the ever growing needs of a vibrant community has
driven the need to obtain long term commitments to supply materials and services. The City
desires an innovative solution that ensures a successful approach to provide goods and services;
PAGE 4 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
and allows for fluid responsiveness to upcoming changes — both anticipated and unforeseen. The
use of technological opportunities throughout the service delivery is encouraged.
2. NIINIMUM SUBMISSION REQUIltEMENTS
The following minimum requirements must be demonstrated in order for the submission to be
considered responsive to the City of Denton. Any proposal received, which is determined to not
meet these mandatory requirements shall be immediately disqualified and rejected as non-
responsive.
• Five (5) years experience providing similar products or services in the North Texas area.
• Three (3) references from governmental entities for the products or services requested. The
City prefers references from municipalities of similar size.
• A defined level of industry knowledge and understanding.
3. CONTRACT TERM
It is the intention of the City of Denton to award a contract for a one (1) year period. The City and
the Awarded Contractor shall have the option to renew this contract for an additional two (2) one-
year periods. Materials and services undertaken pursuant to this RFP will be required to commence
within fourteen (14) days of delivery of a Notice to Proceed. The services shall be accomplished per
the Technical Specifications as identified in Exhibit 2 and the Procurement Process and Procedures as
outlined in Section II.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date in accordance with the provision of the
section titled "price adjustments", or the section(s) titled "termination". At the sole option of the
City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6)
months.
4. PRICING
Firm Price
Pricing and discounts proposed is firm for the initial one-year period specified in the solicitation.
Price decreases are allowed at any time. Price increases shall only be considered as stipulated
below in paragraph #5, "PRICE ADJUSTMENTS".
Price Decreases/Discount Increases
Contractors are required to immediately implement any price decrease or discount increase that
may become available. The City of Denton must be notified in writing for updating the contract.
PAGE 5 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
5. PRICE ADJUSTMENTS
Prices quoted for the commodities or services described in the RFP must be firm for a period of
one year from date of contract award. Any request for price adjustment must be based on the, U.S
Department of Labor, Bureau of Labor Statistics, Producer Price Index (PP�* for ready mix
concrete manufacturing (PCU3273203273200) and the PPI far #2 Diesel (PCL�
(http://w4vw.bls•�ov/ppi/hoine.htm) . The price will be increased or decreased based upon the
annual percentage change in the PPI. The maximum escalation will not exceed +/- 8% for any
individual year. The escalation will be determined annually at the renewal date. Should the PPI
change exceed a minimum threshold value of +/-1%, then the stated eligible bid prices shall be
adjusted in accordance with the PPI change not to exceed the 8% limit per year. The supplier
should provide documentation as percentage of each cost associated with the unit prices quoted for
consideration.
Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation
as competitive with the general market price at the time, and become effective upon the renewal
date of the contract award or reject the increases within 30 calendar davs after receipt of a properly
submitted request. If a properly submitted increase is rejected, the Contractor may request
cancellation of such items from the Contract by giving the City of Denton written notice.
Cancellation will not go into effect for 15 calendar davs after a determination has been issued. Pre-
price increase prices must be honored on orders dated up to the official date of the City of Denton
approval and/or cancellation.
The request can be sent by e-mail to: purchasin�ncityofdenton.com
Or mail to:
City of Denton
Attn: Purchasing Manager
RFP # 5238
901B Texas Street
Denton, Texas 76209
Or call:
City of Denton Purchasing
(940)349-7100
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
* Producer Price Index/PPI is defined by the U.S. Department of Labor:
The Producer Price Index (PPI) is a family of indexes that measures the average change over time in selling prices
received by domestic producers of goods and services. PPI measures price change from the perspective of the seller.
This contrasts with other measures, such as the Consumer Price Index (CPI), that measure price change from the
purchaser's perspective. Sellers' and purchasers' prices may differ due to government subsidies, sales and excise
taxes, and distribution costs.
PAGE 6 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
6. SUBSTITUTIONS
Substitutions are not permitted without the written approval of The City of Denton Purchasing
Department.
7. DISQUALIFICATIONS
Any terms and conditions attached to a solicitation will not be considered unless specifically
referred to on a solicitation and may result in disqualification. Any proposals that do not clearly
outline all qualifications may be disqualified.
8. INTELLECTUAL PROPERTY INDENINIFICATION
The contractor will indemnify, defend and hold harmless the City of Denton, and its authorized
users, against any action or claim brought against the City of Denton, or its authorized users that is
based on a claim that software infringes any patent rights, copyright rights or incorporated
misappropriated trade secrets. Contractor will pay any damages attributable to such claim that are
awarded against the City of Denton or its authorized users, in a judgment or settlement. If the City
of Denton or its authorized users' utilization of the software becornes subject to a claim, or is
likely to become subject to a claim, in the sole opinion of the City of Denton, or its authorized
users, the Contractor shall, at its sole expense (1) procure for City of Denton or its authorized
users, the right to continue using such software under the terms of this Contract; or (2) replace or
modify the soflware so that it is non-infringing.
9. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL
ENTITY OWNERSHIP)
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 properly of the City of Denton and all such materials shall be 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 any 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.
10. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD
Following the Contract award, ADDITIONAL services or products of the same general category
that could have been encompassed in the award of this contract, and that are not already on the
contract, rnay be added. A formal written request may be sent to successful Contractor (s) to
provide a proposal on the additional services and shall submit proposals to the City of Denton as
instructed. All prices are subject to negotiation with a Best and Final Offer ("BAFO"). The City of
Denton rnay accept or reject any or all pricing proposals, and may issue a separate RFP or IFB for
the products after rejecting some or all of the proposals. The commodities and services covered
PAGE 7 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
under this provision shall conform to the statement of work, specifications, and requirements as
outlined in the request. Contract changes shall be made in accordance with Local Government
Code 252.048
11. COOPERATIVE PURCHASING / PIGGYBACK OPTION
The contract resulting from this solicitation will be available for use by all governmental entities,
providing there is no conflict with any applicable statutes, rules, policies, or procedures. The
governmental entities will have the option to use the pricing as ageed to within the resulting
contract. Provided that other governmental entities are interested in ordering from the resulting
contract, and other delivery locations are requested than originally agreed upon, the City of
Denton and the awarded contractor will seek a mutual agreement for pricing to other locations.
Governmental entities will issue their internal purchase orders directly to the contractor(s),
however, shall reference and cite the City of Denton contract number (RFP number) within the
purchase order document.
After award, the contractor agrees to pay a service fee in the amount of 2% of the dollar amount
of all egternally issued purchase orders generated from use of this contract by cooperative
agencies. The contractor further agrees to remit the service fee by check on a quarterly basis for
the previous quarter spent through this contract, to Julia Klinck, Purchasing Coordinator at 901B
Texas Street, Denton, TX 76209, on or by the Fifteen day of each month, following the end of the
quarter. The Contractor shall also provided quarterly sales reports from the Contract awards and
Purchase Orders issued from the Contract, for the purpose of billing and collecting the service fee,
and for compiling required purchasing history. This report shall be sent to
purchasing(�a,cityofdenton.com on or by the tenth day of each month. The Contractor further
agrees that the City of Denton shall have the right, upon reasonable written notice, to review the
Offerors records pertaining to purchases under this awarded contract to verify the accuracy of
service fees charged to the Contractor
12. QUANTITIES
The quantities indicated on the Pricing Sheet (Exhibit 1) are estimates based upon the best
available information. The City reserves the right to increase or decrease the quantities to meet its
actual needs without any adjustments in the prices. Individual purchase orders will be issued on
an as needed basis.
13. PRODUCT CHANGES DiTRING CONTRACT TERM
The supplier shall not change specifications during the contract term without prior approval. Any
deviation in the specifications or change in the product must be approved in advance by the City
of Denton. Notice of a change shall be submitted in writing to �urchasing�cityofdenton.com,
with the RFP number in the subject line, for review. Products found to have changed
specifications without notification, and acceptance, will be returned at the supplier's expense.
Products that have been installed will be replaced at the supplier's expense.
PAGE 8 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
14. AUTHORIZED DISTRIBUTOR
The respondent shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the manufacturer's
representative as needed by the City.
15. SAMPLES
Respondents must make samples available upon request by the City of Denton prior to award with
no costs to the City.
16. SHIPPING, DELIVERY, AND PACKAGING
Identification of Shipments:
In addition to the complete destination address, each delivery must be clearly marked with
the purchase order number. Each shipment must be accompanied by a packing slip.
Packaging and Labeling:
All items shipped must be properly labeled, with weather resistant labeling, showing the brand
name, package quantity, lot number (if applicable) and any other necessary identifying
information.
Special Delivery Requirements:
Customers may have specific, internal delivery rules and policies. These will be provided on
each purchase order issued by the customer. The contractor(s) will be required to adhere
to those requirements.
Hours of Delivery:
Delivery shall be made during the hours of 8:00 am to 4:00 pm (CST) of the Customer unless
priar approval for after-hours delivery has been obtained from the Customer. In the event of
any approval by the Customer for after-hours delivery, Respondent may not invoice any
additional charges for that delivery. Respondent is encouraged to obtain Customer's hours of
operation at time of order.
Delivery Schedule:
Respondent's shall furnish, in the space indicated on the Mandatory Price Sheet, a delivery
schedule for each line item as to time required far delivery after receipt of order (ARO)
under nortnal conditions. Delivery Days means calendar days, unless otherwise specified.
Failure to state delivery time may disqualify Respondent. The City of Denton, at its sole option,
may choose to negotiate delivery times.
Delivery Delays:
If delay is foreseen, Contractor shall give written notice to the Customer and must keep
Customer advised at all times of status of order. Default in promised delivery (without
accepted reasons) or failure to meet specifications authorizes the Custorner to purchase goods
and services of this RFP elsewhere and charge any increased costs for the goods and services,
including the cost of re-soliciting, to the Contractor. Failure to pay a damage assessment is
cause for Contract cancellation and/or removal of the Respondent from the City's authorized
list of suppliers.
PAGE 9 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
Compliant Products:
Providing products or materials which do not meet all specification requirements does not
constitute delivery. Delivery does not occur until the Respondent delivers products or
materials in full compliance with the specifications to Customer's F.O.B. destination, unless
delivery is specifically accepted, in whole or in part, by the Customer. Customer reserves the
right to require new delivery or a refund in the event that materials or products not meeting
specifications are discovered after payment has been made.
Restocking Fee:
The Customer may request that a Contractor accept return of inerchandise already delivered or
that a Contractor cancel an order prior to delivery. If the return is required through no fault of the
Contractor, the Contractor may request a reasonable restocking charge. The Customer may pay a
restocking charge if the CPA or Customer determines that the charge is justifiable. As a
guideline, such charges shall not exceed 10%. There shall be no fees charged for cancellation
of an order prior to shipment by the Contractor.
17. SAFETY AND ENVIRONMENTAL HAZARDS
The City does not warrant or guarantee against the possibility that safety or environtnental hazards
or potential hazards (including premises and special defects) may exist at the City's facilities. The
Contractor shall be responsible for identifying any hazardous conditions and notifying the City of
these conditions in writing no later than 30 days a$er contract award and prior to initiation of
service delivery on the property. This will be accomplished by the Contractar conducting an
environmental assessment and an occupational health, and safety inspection of the service bay or
field service areas by competent, qualified and appropriately licensed practitioners. The costs of
these inspections and any subsequent corrective action will be negotiated between the City and the
Contractor.
All contractors to the City of Denton are required to ensure absolute safety standards are applied
and enforced. The City of Denton will not be responsible far individual contractor safety, and the
awarded contractor shall not hold the City of Denton responsible. Known hazards shall
immediately be reported and all safety precautions shall be taken to prevent potential safety issues
from occurring.
18. CONTRACTOR STANDARDS OF PERFORMANCE
Monthly Time Standards - Contractors shall fully understand that the City relies on the product or
service of the RFP to provide vital municipal services, and the availability and reliabiliTy of the
equipment is of the essence. With this in mind, the Contractor shall meet the following
performance standards at all times. Labor disputes, strikes, and other events, except those beyond
the Contractor's control such as acts of God, shall not relieve the Contractor from meeting these
standards. For service category, the Contractor must ensure the given level of service is achieved,
within the designated number of working hours.
Contractor shall deliver goods or services within specified delivery times for 95% of all orders.
PAGE 10 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
19. PERFORMANCE LIQUIDATED DAMAGES
The Contractor shall incur contractual payment losses, as initiated by the City for performance
that falls short of specified performance standards as outlined below:
The Contractor shall be assessed a one (1%) percent fee each month when any one of the
performance standards outlined above are not met in full. The Contractor shall be assessed a
two (2%) percent profit fee each month when any two (2) or more performance standards
outlined above are not met in full. At the end of each month, the City will review the monthly
reports and determine the percentage of penalty to be assessed to the Contractor's monthly
profit margin.
20. WARRANTIES
The contractor shall provide a warranty that is standard in the industry. Repair or Maintenance of
fleet not performed to industry standards shall be accomplished at the contractor's expense, at the
option of the City.
2L INSiTRANCE
THIS IS A COMMODITY ONLY CONTRACT
Respondent shall provide, upon award, a certificate of insurance evidencing their insurance
coverage's and amounts per Insurance and Workers' Compensation Requirements - Attachment A
22. CONTRACTS
The successful awarded vendor will be required to sign an original contract. A sample contract is
provided in Attachment I— Sample Contract. Respondents shall review the document and note
exceptions in the proposal.
23. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS
Respondent shall offer written observations, based upon previous experiences in public projects of
this magnitude, addressing any anticipated problems and offer proposed solutions to those problems.
PAGE 11 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
Section II
Procurement Process and Procedures
SCHEDULE OF EVENTS
The City of Denton reserves the right to change the dates indicated below:
Solicitation Schedule:
Issue RFP:
Deadline for Submission of Questions:
Deadline for Submission of Proposal:
Evaluate and rank initial results:
Completion of Negotiations:
PUB Award:
Official Award:
6/12/2013
6/25/2013 at 2:00 PM Central Time
7/02/2013 at 2:00 PM Central Time
7/10/2013
7/15/2013
7/22/2013
8/06/2013
The City of Denton is using the RFP `Issue Date' as noted in the Schedule of Events
above as the official 30 day notification requirement for an interview with a firm.
2. NON-MANDATORY PRE-SUBMITTAL CONFERENCE
3.
:�
Not Applicable
Internet link to meetin� location:
http://maps.�oogle.com/maps?f—q&source=s q&hl=en&geocode=&q=901b+Texas+
Street,+Den to n,+T'X&aq=&s11=37.0625,-
95.677068&sspn=45.33261 G,107.929687&ie=UTF8&hq=&hnear=941+Texas+St�+De
nton,+Texas-f-7620)&z=16
PROPOSERS COST TO DEVELOP SUBNIITTAL
Respondents to this RFP are responsible for all costs of submittal preparation, delivery
and any oral presentations required as part of the selection process. All materials
submitted in response to the RFP become property of the City of Denton and will be
returned only at the option of the City.
MIlVIMUIVI RESPONSE
Submittals that do not, at a minimum, contain the information as specified under Section III
and Exhibit 1 Pricing Sheet will be subject to disqualification at the sole discretion of the
City of Denton. If any Firm submitting a Proposal is a corporation, it must be registered to
conduct business in the State of Texas. Proof of this registration must be included as part
of the submittal.
PAGE 12 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
5. VALIDITY PERIOD
The information included in the solicitation response(s), and any cost information obtained
from a negotiation process, remain valid for 120 days from the response due date or until the
contract is approved by the governing body.
6. REJECTION OF SUSNIITTAL
ANY PROPOSAL SUBNIITTED AFTER THE DUE DATE AND TIlVIE SPECIFIED
WITHIN SECTION III, SHALL BE REJECTED. TI� CITY SHALL REJECT
PROPOSALS SUBMITTED BY FIItMS THAT DO NOT MEET NIIlVIMITM
QUALIFICATIONS.
The City of Denton reserves the right to reject any and all submittals received in response to
the RFP and to waive any minor technicalities or irregularities as determined to be in the
best interest of the City.
7. PROPRIETARY INFORMATION
If a Proposer does not desire proprietary information in the Proposal to be disclosed, the
Proposer shall identify all proprietary information in the Proposal. This identification will
be accomplished by individually marking each page or line item detail with the words
"Proprietary Information". If the Proposer fails to identify proprietary information, the
Proposer agrees that by submission of its Proposal, that those sections shall be deemed
non-proprietary and made available upon public request. Proposers are advised that the
City, to the extent permitted by law, will protect the confidentiality of all Proposals.
Proposer shall consider the implications of the Texas Public Information Act, particularly
after the RFP process has ceased and the Contract has been awarded. While there are
provisions in the Texas Public Information Act to protect proprietary information, where
the Proposer can meet certain evidentiary standards, please be advised that a
determination on whether those standards have been met will not be decided by the City
of Denton, but by the Office of the Attorney General of the State of Texas. In the event a
request for public information is made, the City will notify the Proposer, who may then
request an opinion from the Attorney General pursuant to 552.305, Texas Government
Code. The City will not make a request of the Attorney General.
S. NON-ENDORSEMENT
If a Proposal is accepted, the successful Proposer shall not issue any news releases or
other statements pertaining to the award or servicing of the agreement that state or imply
the City of Denton's endorsement of the successful Proposer's services.
9. UNAUTHORIZED COMMUlVICATIONS
After release of this solicitation, Proposer contact regarding this RFP with members of
the RFP evaluation, interview or selection panels, employees of the City or officials of
the City other than the Purchasing Manager, or authorized City of Denton purchasing
PAGE 13 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
staff, or as otherwise indicated is prohibited and may result in disqualification from this
procurement process. No officer, employee, agent or representative of the Proposer shall
have any contact or discussion, verbal or written, with any members of the City Council,
members of the RFP evaluation, interview, or selection panels, City staff or City's
consultants, or directly or indirectly through others, seeking to influence any City Council
member, City staff, or City's consultants regarding any matters pertaining to this
solicitation, except as herein provided. If a representative of any Proposer violates the
foregoing prohibition by contacting any of the above listed parties with who contact is
not authorized, such contact may result in the Proposer being disqualified from the
procurement process. Any oral communications are considered unofficial and non-
binding with regard to this RFP.
10. ADDENDUMS
Proposers are required to submit signed addendum acknowledgement(s) with their
proposal. Proposers will be responsible for monitoring the City of Denton Purchasing
Website at: http://www.citvofdenton.com/index as�paae=397 to ensure they have
downloaded and signed all addendum(s) required for submission with their proposal.
11. CONTACT BETWEEN PROPOSER AND THE CITY OF DENTON
Respondents shall direct a11 inquiries and communications concerning this RFP to the
Point of Contact(s) listed below:
Citv of Denton Procurement Point of Contact•
Jody Word
Buyer
901-B Texas Street
Denton, TX 76209
(940) 349-7100
Fax: (940) 349-7302
'�v.word cr,citvofdenton.com
PAGE 14 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
Section III
Submittal Requirements
Proposals shall address the following criteria. For consideration, the nronosal must submit the
minimum criteria noted below. Proposals shall, as a minimum, include all the information
described in Items 1 through 10 below to be considered responsive. The "Business Overview
Questionnaire" included as Attachment C is an acceptable format for providing much of this
information. A Microsoft Word copy of this form will be provided on receipt of an email
request. Other information, if provided, shall be included as appendices at the back of the
proposal.
A firm may submit a solicitation response for one or more of the categories of services
requested in this RFP. The City of Denton shall accept written su6missions only, until (July 2,
2013/2:00 PM). Firms shall submit one original copy signed by an ofiicer authorized to bind the
company, and 3 copies of the completed response to this solicitation in a sealed envelope.
Additionally, the respondent shall provide a formatted CD(s) or �nemory drive, containing a
complete copy of the contractor's response to tlais solicitation, or submit electrohically to
ebids@cityofdenton.com. The format shall be in Microsoft Office format. Submit ricin for
requested services as provided in Exhibit l. Pricing shall be provided in hard copy with the
written submission, and also e-mailed in Excel to ebicls(a�,citvofdenton.com before the proposal
due date. The format shall be in Microsoft Word and Excel fortnat only.
Submittals shall include on the envelope and the cover sheet the following information: Request
for Proposals (RFP) # 5238 Wood Grinding Services.
Proposals may be hand delivered (by firm or express courier) to the address listed below; however,
e-mailed only submittals will not be accepted. Additionally, no oral, telephone, telegraphic, or
facsimile proposals will be accepted. Where solicitation responses are sent by mail or courier, the
responsibility of timely delivery is the respondent's. Pages should be numbered and contain an
organized, paginated table of contents corresponding to the section and page of the submittal.
Appendices may be used for general firm information. The solicitation response shall be no more
than 200 pages in length (excluding sample contracts, directories, and lists, etc.). All submittals,
whether mailed or delivered by courier shall be sent to and received no later than (Julv 2, 2013) at
2:00 n.m., Central Time at the following address:
City of Denton
Attention: Jody Word
Buyer
901B Texas Street, Denton, TX 76209
940-349-7100
Written proposals must be submitted by 2:00 p.m. on the response due date._ Anv proposal
received after the date and/or hour set for uroposal ouenin� will be returned unopened The
City of Denton reserves the right to accept ar reject in part or in whole any proposals submitted, and
to waive technicalities of the submission, in the best interest of obtaining best value for the City.
PAGE 15 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
Each Contractor is responsible for taking the necessary steps to ensure their proposal is received by
the date and time noted herein. The City is not responsible for missing, lost or late mail or any mail
delays, internal or external, that may result in the proposal arriving after the set time.
Proposals shall include on the envelope and the cover sheet with the RFP number and name.
1. COVER SHEET �
Include Respondent Company name, contact information, RFP number and name.
2. INTRODUCTION (EXECUTIVE SUNIIVIARY) —1 Page Maximum
Briefly describe your understanding of the requested services, important issues, and City
requirements.
3. FIRMS ORGANIZATION �
a. Name and Address of the Individual ar Business
b. General overview of the Business
c. Business Profile(s), including:
1) Type of Business (limited partnership, corporation, etc.)
2) Business History and Age
3) Business Size (including number in each required discipline)
4) Areas of special concentration
5) Telephone number and fax number
6) Number of year firm in business
7) Amount of equity capital of the firm
8) Number and location of offices in Texas
9) Location of the office from which the work is to be managed
10) Service description with specific descriptions of responsibilities, successes and
failures related to the project. Include website URLs far any service projects for
which they are available.
11) Name and contact information for the project manager or other key contact with
the entity contracting these products or services.
12) Details of any awards received.
As stated above, completion of Attachment C- Business Overview Form may substitute for
submission of the above information. Additionally, firms may submit additional information,
to ensure a more complete understanding of the firm, and comprehension of the capabilities.
4. RELEVANT EXPERIENCE AND CAPABILITIES
The responding individual or business shall provide pertinent information about the
individual or business and related experience(s) with the reyuested products or
services. Indicate what resources the individual or business will have available to
PAGE 16 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
allocate to the project. The respondent must currently be licensed to perform work
in the State of Texas. A copy of current licensing must be included in your
proposal. Relevant experiences and capabilities of the individual or business team
members and team as a whole will be rated by the City by a review of both
completed and on-going assignments, years of relevant experience in communities
of comparable size, and credentials; greater weight will be given to project
experience within the past five (5) years containing the team members proposed:
a. Five (5) years experience with similar products or services, provide a description.
b. A standard license or certification, if applicable.
c. A defined level of industry knowledge and understanding
d. The individual or business must be registered by the State of Texas or the County of
Denton as a business and the must have all licensure required by the State to
provide any services.
e. The individual or business must disclose any business relationship that would have
an effect, of a conflict of interest. A conflict of interest statement must be signed as
part of the contract negotiated with the awardee(s).
5. DISCLOSURES
a. Respondent shall detail any and all relevant history of litigation involving public
projects.
b. Respondent shall detail any and all exceptions within the proposal response.
c. The individual or business must disclose any business relationship that would have
an effect, of a conflict of interest. A conflict of interest statement must be signed as
part of the contract negotiated with the awardee(s).
6. REFERENCES
Respondent shall provide references including contact names, e-mail addresses and current,
correct phone numbers of Firms or public entities for which you have performed similar
professional services. Respondent shall complete Attachment F— References.
7. FEE STRUCURE —PRICING
Submit pricing for requested products or services as provided in EaLhibit 1. Pricing shall be
provided in hard copy and emailed in Excel to ebids�cityofdenton.com before the
proposal due date.
8. EQUIPMENT SCHEDULE
The respondent shall provide an equipment schedule. The schedule shall include the
year, make, model and description of the equipment.
PAGE 17 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
9. SAFETY RECORD
The City of Denton desires to avail itself of the benefits of Section 252.0435 of the
Local Government Code, and consider the safety records of potential contractors prior to
awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government
Code, the City of Denton has adopted the written definition and criteria as shown in the
Safety Record Questionnaire (Attachtnent E) for accurately determining the safety
record of a bidder prior to awarding bids on City contracts.
10. ADDITIONAL GENERAL REQUIIZEMENTS
a. Prior to commencement of the services, the City and selected individual or business
will conduct an initial meeting to review the overall scope, schedule, deliverables and
planning process to implement a successful prograrn.
b. The awarded Contractor shall provide to the City of Denton, detailed reports of time
and services provided to the City on a monthly basis.
c. Staff available to assist the selected provider is limited; the proposals submitted
should not anticipate extensive staff assistance during equipment repairs or
maintenance.
PAGE 18 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
Section IV
Evaluation and Award
1. EVALUATION PROCEDURES
Selection of a Firm(s) to provide the aforementioned services will be in accordance with
the City of Denton Purchasing Policies and procedures and the State of Texas Local
Government Code 252.043. The City of Denton shall open all proposals and evaluate each
respondent in accordance to the below criteria:
Step 1: The City of Denton will evaluate the Proposal submission in accordance
with the selection criteria and will rank the Firms on the basis of the
submittals. The City of Denton, reserves the right to consider information
obtained in addition to the data submitted in the Proposal. The selection
criterion is listed below:
a) Indicators of Probable Performance under contract (FACTOR:
10 %).
Indicators of probable performance under the contract to include: past
vendor performance, financial resources and ability to perform, experience
or demonstrated capability and responsibility, references, and the vendor's
ability to provide reliable maintenance agreements and support.
b) Compliance with Specifications, Quality, Reliability,
Characteristics to meet stated or implied needs plus Delivery
Timeframe (FACTOR 30%)
Compliance with the stated specification(s), coupled with the quality and
reliability of the goods and services, such as fitness for use that meets or
exceeds customers expectations, and the characteristics of the product or
service that bear on its ability to meet the stated/implied needs. The
delivery time frame for goods after receipt of order (A.R.0)
c) Price, Total Cost of Ownership (FACTOR: 60%).
The price of the items, to include total cost of ownership, such as
installation costs, life cycle costs, and warranty provisions.
In addition to the above factors, others that can be utilized as stated
within Local Government Code 252.043 are: (1) the extent to which the
goods or services meet the City's needs, (2)the impact on the ability of
the City to comply with the laws and rules related to contracting with
historically underutilized businesses and non-profit organizations
employing persons with disabilities, (3) the long term cost to the City to
acquire the respondents' goods and services, and (4) any relevant
criteria specifically listed in the solicitation by the City.
PAGE 19 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
The total possible score of the proposals shall be scored and weighted as
indicated in Section IV, Step 1 items a-c. Based on the outcome of the
computations performed, each proposal will be assigned a raw score. The
assigned weight will then be applied to these scores to calculate an overall
score for each proposal for completion of the final scoring process.
The proposals shall be evaluated utilizing standard tools, based upon the
weighted factors above, and will be assigned a final score. The City of
Denton will proceed to Step 2, with the Firm(s) that are considered within
the competitive range and present an overall best value to the City of
Denton.
Step 2: A$er the final ranking of the proposals and determination of Firm(s) that
provide a best value to the City and are within the competitive range,
provided the City of Denton elects to proceed without oral discussions, the
City will immediately proceed to negotiate fmal pricing, terms and
conditions with the highest ranked Firm or Firms. The City of Denton
� elect to conduct oral discussions, request clarifications, and
presentations concerning the project approach and ability to furnish the
requirements, as part of the negotiation process. The City may elect to utilize
a Best and Final negotiation phase to determine the Firm that provides the
overall best value to the City.
Step 3: The City of Denton Procurement Department shall provide a written
recommendation to the City of Denton City Council, which represents "best
value" and request authorization to proceed with contract execution for the
proposed services.
In accordance with Local Government Code 252.049, trade secrets and confidential
information in competitive sealed bids are not open for public inspection. All proposals
shall be opened in a manner that avoids disclosure of the contents to competing offerors
and keeps the proposals secret during negotiations. A public opening will not be
conducted with this process. THE AWARD PROCESS IS CONSIDERED OPEN AND
ON-GOING UNTIL ALL FINAL NEGOTIATIONS HAVE CONCLUDED.
After the contract has been awarded all proposals are open for public inspection and the
unsuccessful respondent(s) may request a debriefing regarding their submittal. Please
contact the City of Denton Materials Management staff to document the request for a
debriefmg. A meeting with the City of Denton Materials Management Staff and the using
Department shall be provided in a timely manner.
PAGE 20 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
2. AWARD
The City reserves the right to award by line item, section, or by entire proposal;
whichever is most advantageous, or provides the "best value" to the City, unless denied
by the bidder.
3. PREFERENCES
A. Environmentally Preferable Purchasing Policy
Texas Local Government Code, Sea 271.907. VENDORS THAT MEET OR
EXCEED AIR QUALITY STANDARDS.
(a) In this section, "governmental agency" has the meaning assigned by Section
271.003.
(b) This section applies only to a contract to be performed, wholly or partly, in a
nonattainment area or in an affected county, as those terms are defined by Section
386.001, Health and Safety Code.
(c) A governmental agency procuring goods or services may:
(1) give preference to goods or services of a vendor that demonstrates that the
vendor meets or exceeds any state or federal environmental standards,
including voluntary standards, relating to air quality; or
(1) require that a vendor demonstrate that the vendor meets or exceeds any
state or federal environmental standards, including voluntary standards,
relating to air quality.
(d) The preference may be given only if the cost to the governmental agency for
the goods or services would not exceed 105 percent of the cost of the goods or
services provided by a vendor who does not meet the standards. The cost may not
exceed $100,000.
This provision shall comply with City of Denton Resolution R2007-032.
PAGE 21 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
Section V
Payment and Performance Requirements
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 apply 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. PAYMENT AND INVOICES:
Pavment nrocessin�: The City review, inspection, and processing procedures for
invoices ordinarily require thirty (30) days after receipt of invoices, 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, inspection, and processing procedures can be completed
as specified. It is the intention of the City of Denton to make payment within thirty days
after receipt of valid invoices for which items or services have been received unless
unusual circumstances arise. The 30 day processing period for invoices will begin on the
date the invoice is received or the date the items or services are received, whichever is
later.
Direct deqosit for payments: Contractors are encouraged to arrange for receiving
payments through direct deposit. Information regarding direct deposit payments is
available from the City of Denton Purchasing website: www.dentonpurchasin .g com.
Invoices shall be sent directly to the City of Denton Accounts Payable Deparhnent, 215
E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the
contract administrator. It is the intention of the City of Denton to make payment on
completed arders within thirty days after receipt of invoice 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.
PAGE 22 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
2. TAX EXEMPTION:
The City of Denton qualifies far 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 #95-0.07 and #95-0.09.
3. PAYMENT TO PERFORMANCE MII,ESTONES:
Awarded contractor shall prepare and submit invoices after completion of specific project
milestones. The invoice shall detail the major milestones accomplished and detailed cost
information for project. These milestones shall be submitted to the City of Denton and the
City's Project Staff shall review such for completion and accuracy, prior to paytnent
authorization. The respondent shall complete Exhibit 1, pricing sheet.
PAGE 23 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
Section VI
Standard Purchase Terms and Conditions
These standard Terms and Conditions and the Terms and Conditions, Specifcations, 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 sha11 be
governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated.
Unless otherwise specified in the Contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a
Solicitation to purchase Goods, and Sections 9, 10, 11 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 described in the Solicitation and in the Contractor's Offer in strict accordance with
the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local
laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract
shall be effective as of the date the contract is signed by the City, and shall continue in effect
until all obligations are performed in accordance with the Contract.
3. CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package
deliverables in accordance with good commercial practice and shall include a packing list
showing the description of each item, the quantity and unit price unless otherwise provided in the
Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly
and permanently marked as follows: (a) The Contractor's name and address, (b) the City's name,
address and purchase order or purchase release number and the price agreement number if
applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d)
the number of the container bearing the packing list. The Contractor shall bear cost of packaging.
Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all
the requirements of common carriers and any applicable specification. The City's count or
weight shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT iTNDER RESERVATION PROHIBITED: The Contractar is not authorized to
ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of
deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City
only when the City actually receives and accepts the deliverables.
PAGE 24 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be
shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and
Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to
include all delivery and transportation charges. The City shall have the right to designate what
method of transportation shall be used to ship the deliverables. The place of delivery shall be that
set forth the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under
law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at
delivery before accepting them, and to reject defective or non-conforming deliverables. If the
City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or
the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor
shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and
assistance to the City to facilitate such inspection.
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of
deliverables must fully comply with all provisions of the Contract as to time of delivery, quality,
and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not
have the right to substitute a conforming tender; provided, where the time for performance has
not yet expired, the Contractor may notify the City of the intention to cure and may then make a
conforming tender within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the
sites where the Contractor is to perform the services as required in order for the Contractor to
perform the services in a timely and efficient manner, in accordance with and subject to the
applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied
itself as to the nature of the City's service requirements and specifications, the location and
essential characteristics of the work sites, the quality and quantity of materials, equipment, labor
and facilities necessary to perform the services, and any other condition or state of fact which
could in any way affect performance of the Contractor's obligations under the contract. The
Contractor hereby releases and holds the City harmless from and against any liability or claim
for damages of any kind or nature if the actual site or service conditions differ from expected
conditions.
10. WORKFORCE
A. The Contractor shall employ only orderly and competent workers, skilled in the performance
of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while
engaged in participating or responding to a solicitation or while in the course and scope of
delivering goods or services under a City of Denton contract or on the City's property .
i. use or possess a fireartn, including a concealed handgun that is licensed under state law,
except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled
substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on
the job.
PAGE 25 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
C. If the City or the City's representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed
any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the
Contractor shall immediately remove such worker from Contract services, and may not employ
such worker again on Contract services without the City's prior written consent.
Immigration: The Contractor represents and warrants that it shall comply with the requirements
of the Immigration Reform and Control Act of 1986 and 1990 regarding employment
verification and retention of verification forms for any individuals hired on or after November 6,
1986, who will perform any labor or services under the Contract and the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall
comply fully with all applicable federal, state, and local health, safety, and environmental laws,
ordinances, rules and regulations in the performance of the services, including but not limited to
those promulgated by the City and by the Occupational Safety and Health Administration
(OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor
shall indemnify and hold the City harmless from and against all claims, demands, suits, actions,
judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's
obligations under this paragraph.
Environmental Protection: The Respondent shall be in compliance with all applicable
standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C.
§7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et
seq.).
12. INVOICES:
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a
separate invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery
order number and the master agreement number if applicable, the Department's Name,
and the name of the point of contact for the Department. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading and the
freight waybill, when applicable, shall be attached to the invoice. The Contractor's name,
remittance address and, if applicable, the tax identification number on the invoice must exactly
match the information in the Vendor's registration with the City. Unless otherwise instructed in
writing, the City may rely on the remittance address specified on the Contractor's invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables
order number clearly identified. Invoices shall also include a tabulation of work-hours at the
appropriate rates and grouped by work order number. Time billed for labor shall be limited to
hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced
amount.
The City will furnish a tax exemption certificate upon request.
PAGE 26 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid
within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being
received in Accounts Payable, whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid
balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or
the maximum lawful rate; except, if payment is not timely made for a reason for which the
City may withhold payment hereunder, interest shall not accrue until ten (10) calendar
days after the grounds for withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the
partial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. delivery of defective or non-conforming deliverables by the Contractor;
ii. third party claims, which are not covered by the insurance which the Contractor is
required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or contractors,
which is not covered by insurance required to be provided by the Contractor;
v. reasonable evidence that the Contractor's obligations will not be completed within the
time specified in the Contract, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
vi. failure of the Contractor to submit proper invoices with purchase order number, with
all required attachments and supporting documentation; or
vii. failure of the Contractor to comply with any material provision of the Contract
Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for
delinquent taxes, the City may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or
electronic transfer of funds. The Contractor agrees that there shall be no additional charges,
surcharges, or penalties to the City for payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding.
The City's payment obligations are payable only and solely from funds Appropriated and
a�ailable for this contract. The absence of Appropriated or other lawfully available funds shall
render the Contract null and void to the extent funds are not Appropriated or available and any
deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the
Contractor written notice of the failure of the City to make an adequate Appropriation for any
fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to
an amount insufficient to permit the City to pay its obligations under the Contract. In the event of
none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to
the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the
Contract shall be paid by the Contractor, unless otherwise stated in the contract terms.
PAGE 27 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
15. FINAL PAYMENT AND CLOSE-OUT:
A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified
Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE
Compliance Report to the Purchasing Manager no later than the 15th calendar day after
completion of all work under the contract. Final payment, retainage, or both may be withheld if
the Contractor is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of fmal 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 clairns by the Contractar
against the City other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the
cost of any special tooling or special test equipment fabricated or required by the Contractor for
the purpose of filling this order, such special tooling equipment and any process sheets related
thereto shall become the property of the City and shall be identified by the Contractor as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other
evidence pertaining to the Contract period and five years thereafter, except if an audit is in
progress or audit findings are yet unresolved, in which case records shall be kept until all audit
tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within ten (10) business days of written reyuest. Further, the Contractor shall also
require all Subcontractors, material suppliers, and other payees to retain all books, records,
documents and other evidence pertaining to the Contract, and to allow the City similar access to
those documents. All books and records will be made available within a 50 mile radius of the
City of Denton. The cost of the audit will be borne by the City unless the audit reveals an
overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of
the audit, including any travel costs, must be borne by the Contractor which must be payable
within five (5) business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract
and shall constitute, in the City's sole discretion, grounds for termination thereo£ Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed
to include drafts and electronic files, even if such drafts or electronic files are subsequently used
to generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the
Contractor shall comply with all requirements approved by the City. The Contractor shall not
initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor
shall not substitute any Subcontractor identified in the Plan, unless the substitute has been
accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute
a waiver of any rights or remedies of the City with respect to defective deliverables provided by
PAGE 28 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a
monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later
than the tenth calendar day of each month.
B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract
between the Contractor and Subcontractor. The terms of the subcontract may not conflict with
the terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict
accordance with the provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract
without the prior written consent of the City and the Contractor. The City may require, as
a condition to such further subcontracting, that the Subcontractor post a payment bond in
form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including
any claims for additional payments, damages or otherwise, to the Contractor in sufficient
time to enable the Contractor to include same with its invoice or application for payment
to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their
contract, insurance in the type and amounts specified for the Contractor, with the City
being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent
as the Contractor is required to indemnify the City.
C. The Contractor shall be fully responsible to the City for all acts and omissions of the
Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions.
Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual
relationship between the City and any such Subcontractor, nor shall it create any obligation on
the part of the City to pay or to see to the payment of any moneys due any such Subcontractor
except as may otherwise be required by law.
D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the
Contractor not later than ten (10) calendar days after receipt of payment from the City.
19. WARR.ANTY-PRICE:
A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's
current prices on orders by others for like deliverables under similar tertns of purchase.
B. The Contractor certifies that the prices in the Offer have been arrived at independently
without consultation, communication, or agreement for the purpose of restricting competition, as
to any matter relating to such fees with any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the
Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's
current prices on orders by others for like deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Contractor warrants that it has good and indefeasible title to
all deliverables furnished under the Contract, and that the deliverables are free and clear of all
liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the
City harmless from and against all adverse title claims to the deliverables.
PAGE 29 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
21. WARRANTY — DELIVERABLES: The Contractor warrants and represents that all
deliverables sold the City under the Contract shall be free from defects in design, workmanship
or manufacture, and conform in all material respects to the specifications, drawings, and
descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms,
covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules,
and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the
deliverables shall be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty
implied by law; and any attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from
the date of acceptance of the deliverables or from the date of acceptance of any replacement
deliverables. If during the warranty period, one or more of the above warranties are breached, the
Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables,
or replace the non-conforming deliverables with fitlly conforming deliverables, at the City's
option and at no additional cost to the City. All costs incidental to such repair or replacement,
including but not limited to, any packaging and shipping costs shall be borne exclusively by the
Contractor. The City shall endeavor to give the Contractor written notice of the breach of
warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to
give timely notice shall not impair the City's rights under this section.
D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming
deliverables as required by the City, then in addition to any other available remedy, the City may
reduce the quantity of deliverables it may be required to purchase under the Contract from the
Contractor, and purchase conforming deliverables from other sources. In such event, the
Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to
procure such deliverables from another source.
E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate
manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty
to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City,
the Contractor shall assist and cooperate with the City to the fullest extent to enforce such
manufacturer's warranty for the benefit of the City.
22. WARRANTY — SERVICES: The Contractor warrants and represents that all services to be
provided the City under the Contract will be fully and timely performed in a good and
workmanlike manner in accordance with generally accepted industry standards and practices, the
terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws,
rules or regulations.
A. The Contractor may not limit, exclude or disclaim the faregoing 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.
PAGE 30 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
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 services it may be required to purchase under the Contract from the
Contractor, and purchase conforming services from other sources. In such event, the Contractor
shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such
services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If,
instead of requiring immediate correction or removal and replacement of defective or non-
conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall
pay all claims, costs, losses and damages attributable to the City's evaluation of and
determination to accept such defective or non-conforming deliverables. If any such acceptance
occurs prior to final payment, the City may deduct such amounts as are necessary to compensate
the City for the diminished value of the defective or non-conforming deliverables. If the
acceptance occurs after final payment, such amount will be refunded to the City by the
Contractor.
24. RIGHT TO ASSiTRANCE: Whenever one party to the Contract in good faith has reason to
question the other party's intent to perform, demand may be made to the other party for written
assurance of the intent to perform. In the event that no assurance is given within the time
specified after demand is made, the demanding party may treat this failure as an anticipatory
repudiation of the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event
the Contractor is observed performing in a manner that is in violation of Federal, State, or local
guidelines, or in a manner that is determined by the City to be unsafe to either life or property.
Upon notification, the Contractor will cease all work until notified by the City that the violation
or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by
the City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails
to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails
to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or
seeks relief under the bankruptcy laws of the United States or (d) makes a material
misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted
by the Contractor to the City.
27. TERNIINATION FOR CAUSE: In the event of a default by the Contractar, 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 lirnitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and
post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the
Contractor, the City may remove the Contractor from the City's vendor list for three (3) years
PAGE 31 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All
rights and remedies under the Contract are cumulative and are not exclusive of any other right ar
remedy provided by law.
28. TERNIINATION WITHOUT CAUSE: The City shall have the right to terminate the
Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written
notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further
work pursuant to the Contract, with such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractar, 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. FItAUD: Fraudulent statements by the Contractor on any Offer or in any report or
deliverable required to be submitted by the Contractor to the City shall be grounds for the
termination of the Contract for cause by the City and may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Contractor
if the City deems it is in its best interest. If such delay causes an increase in the cost of the work
under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs
incurred by the Contractor in the Contract price and execute an amendment to the Contract. The
Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of
receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall
excuse the Contractor from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations
under this Contract if, while and to the extent such default or delay is caused by acts of God, fire,
riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond
the reasonable control of such Party. In the event of default or delay in contract performance due
to any of the foregoing causes, then the time for completion of the services will be extended;
provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of
such failure to perform.
31. INDEMNITY:
A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action,
judgments and liability of every character, type or description, including all reasonable
costs and expenses of litigation, mediation or other alternate dispute resolution
mechanism, including attorney and other professional fees for: (1) damage to or loss of
the property of any person (including, but not limited to the City, the Contractor, their
respective agents, officers, employees and subcontractors; the officers, agents, and
employees of such subcontractors; and third parties); and/or (2) death, bodily injury,
illness, disease, worker's compensation, loss of services, or loss of income or wages to
any person (including but not limited to the agents, officers and employees of the City,
the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include
PAGE 32 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
the sale of defective or non-conforming deliverables, negligence, willful misconduct or a
breach of any legally imposed strict liability standard.
B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY),
INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS,
EMPLOYEES AND ELECTED OFFICIALS HARIVII.ESS FROM AND AGAINST ALL
INDENINIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO,
CONCEItNING 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 LINIIT THE RIGHTS OF
THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LINIITED TO, THE
RIGHT TO SEEK CONTRIBUTIOI� AGAINST ANY TfIIItD PARTY WHO MAY BE
LIABLE FOR AN 1NDEMNIFIED CLAIM.
32. INSURANCE: The 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 minunum amounts acceptable to the City of Denton. The
insurance shall be written by a company licensed to do business in the State of Texas and
satisfactory to the City of Denton.
A. General Requirements:
i. The Contractor shall at a minimum carry insurance in the types and amounts indicated
and agreed to, as submitted to the City and approved by the City within the procurement
process, for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
ii. The Contractor shall provide Certificates of Insurance with the coverage's and
endorsements required to the City as verification of coverage prior to contract execution
and within fourteen (14) calendar days after written request from the City. Failure to
provide the required Certificate of Insurance may subject the Offer to disqualification
from consideration for award. The Contractor must also forward a Certificate of
Insurance to the City whenever a previously identified policy period has expired, or an
extension option or hold over period is exercised, as verification of continuing coverage.
iii. The Contractor shall not commence work until the required insurance is obtained and
until such insurance has been reviewed by the City. Approval of insurance by the City
shall not relieve or decrease the liability of the Contractor hereunder and shall not be
construed to be a limitation of liability on the part of the Contractor.
iv. The Contractor must submit certificates of insurance to the City for all subcontractors
prior to the subcontractors commencing work on the project.
v. The Contractor's and all subcontractors' insurance coverage shall be written by
companies licensed to do business in the State of Texas at the time the policies are issued
and shall be written by companies with A.M. Best ratings of A- VII or better. The City
will accept workers' compensation coverage written by the Texas Workers'
Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall contain the
solicitation number and the following information:
PAGE 33 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
City of Denton
Materials Management Department
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 policies are not written for amounts agreed to with the City, the
Contractor shall carry Umbrella or Excess Liability Insurance for any differences in
amounts specified. If Excess Liability Insurance is provided, it shall follow the form of
the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without
expense, to review certified copies of policies and endorsements thereto and may make
any reasonable requests for deletion or revision or modification of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are
established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the
effective period of the Contract and to make reasonable adjustments to insurance
coverage, limits, and exclusions when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, the claims history of the industry or
financial condition of the insurance company as well as the Contractor.
xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
xii. The Contractor shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written
notice of erosion of the aggregate limits below occurrence limits for all applicable
coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are
required minimums and are not intended to limit the responsibility or liability of the
Contractor.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the
solicitation instrument.
33. CLAIlVIS: If any claim, demand, suit, or other action is asserted against the Contractor which
arises under or concerns the Contract, or which could have a material adverse affect on the
Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the
City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the
City shall state the date of notification of any such claim, demand, suit, or other action; the
names and addresses of the claimant(s); the basis thereof; and the name of each person against
whom such claim is being asserted. Such notice shall be delivered personally or by mail and
shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney
shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201.
PAGE 34 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications
required or appropriate to be given under the Contract shall be in writing and shall be deemed
delivered three (3) business days a$er postmarked if sent by U.S. Postal Service Certified or
Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed
delivered upon receipt by the addressee. Routine communications may be made by first class
mail, telefax, or other commercially accepted means. Notices to the Contractar shall be sent to
the address specified in the Contractor's Offer, or at such other address as a party may notify the
other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton,
Texas 76209 and marked to the attention of the Purchasing Manager.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Contractor to the City shall become property of the City upon receipt. Any
portions of such material claimed by the Contractor to be proprietary must be clearly marked as
such. Determination of the public nature of the material is subject to the Texas Public
Information Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents
and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title
to the deliverables and (ii) the deliverables supplied by the Contractar in accordance with the
specifications in the Contract will not infringe, directly or contributorily, any patent, trademark,
copyright, trade secret, or any other intellectual property right of any kind of any third party; that
no claims have been made by any person or entity with respect to the ownership or operation of
the deliverables and the Contractor does not know of any valid basis for any such claims. The
Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless frorn and
against all liability, damages, and costs (including court costs and reasonable fees of attorneys
and other professionals) arising out of or resulting from: (i) any claim that the City's exercise
anywhere in the world of the rights associated with the City's' ownership, and if applicable,
license rights, and its use of the deliverables infringes the intellectual property rights of any third
party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated
in this Contract. In the event of any such claim, the City shall have the right to monitor such
claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf.
Further, Contractor agrees that the City's specifications regarding the deliverables shall in no
way diminish Contractor's warranties or obligations under this paragraph and the City makes no
warranty that the production, development, or delivery of such deliverables will not impact such
warranties of Contractor.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may
require access to certain of the City's and/or its licensors' confidential information (including
inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the City or its licensors consider confidential)
(collectively, "Confidential Information"). Contractor acknowledges and agrees that the
Confidential Information is the valuable property of the City and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the City and/or its licensors. The Contractor (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential
Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or
otherwise use the Confidential Information without the prior written consent of the City or in a
PAGE 35 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
manner not expressly permitted under this Agreement, unless the Confidential Information is
required to be disclosed by law or an order of any court or other governmental authority with
proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such
information so as to permit the City reasonable time to seek an appropriate protective order. The
Contractor agrees to use protective measures no less stringent than the Contractor uses within its
own business to protect its own most valuable information, which protective measures shall
under all circumstances be at least reasonable measures to ensure the continued confidentiality of
the Confidential Information.
38. OWN�RSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and
interests throughout the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor
agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the
Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire
right, title, and interest to specific inventions under such patentable subject matter to the City and
to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute,
acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by
the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor
agrees that upon their creation, such deliverables shall be considered as work made-for-hire by
the Contractor for the City and the City shall own all copyrights in and to such deliverables,
provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint
ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made-for-
hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees
providing services to the City hereunder to execute, acknowledge, and deliver an assignment to
the City o fl 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 ar
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.
PAGE 36 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
39. PUBLICATIONS: All published material and written reports submitted under the Contract
must be originally developed material unless otherwise specifically provided in the Contract.
When material not originally developed is included in a report in any form, the source shall be
identified.
40. ADVERTISING: The Contractor shall not advertise ar publish, without the City's prior
consent, the fact that the City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure the Contract upon any agreement or understanding
for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the City shall have the
right, in addition to any other remedy available, to cancel the Contract without liability and to
deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract
without liability if it is determined by the City that gratuities were offered or given by the
Contractor or any agent or representative of the Contractor to any officer or employee of the City
of Denton with a view toward securing the Contract or securing favorable treatment with respect
to the awarding or amending or the making of any determinations with respect to the performing
of such contract. In the event the Contract is canceled by the City pursuant to this provision, the
City shall be entitled, in addition to any other rights and remedies, to recover or withhold the
amount of the cost incurred by the Contractor in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer,
employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any
willful violation of this section shall constitute impropriety in office, and any officer or employee
guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of
Interest Questionnaire (Attachment G).
44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall
be those of an independent contractor. The Contractor agrees and understands that the Contract
does not grant any rights or privileges established for employees of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits,
worker's compensation, or any other City employee benefit. The City sha11 not have supervision and
control of the Contractor or any employee of the Contractor, and it is expressly understood that
Contractor sha11 perfortn the services hereunder according to the attached specifications at the
general direction of the City Manager of the City of Denton, Texas, or his designee under this
agreement.
PAGE 37 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
45. ASSIGNN�NT-DELEGATION: The Contract shall be binding upon and ensure to the
benefit of the City and the Contractor and their respective successors and assigns, provided
however, that no right or interest in the Contract shall be assigned and no obligation shall be
delegated by the Contractor without the prior written consent of the City. Any attempted
assignment or delegation by the Contractor shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneficiaries to
the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in
whole or in part by a waiver or renunciation of the claim or right unless the waiver or
renunciation is supported by consideration and is in writing signed by the aggrieved party. No
waiver by either the Contractor or the City of any one or more events of default by the other
party shall operate as, or be construed to be, a permanent waiver of any rights or obligations
under the Contract, or an express or implied acceptance of any other existing or future default or
defaults, whether of a similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by
both parties. No pre-printed or similar terms on any the Contractor invoice, order or other
document shall have any force or effect to change the terms, covenants, and conditions of the
Contract.
48. INTERPRETATION: The Contract is intended by the parties as a fmal, complete and
exclusive statement of the terms of their agreement. No course of prior dealing between the
parties or course of performance or usage of the trade shall be relevant to supplement or explain
any term used in the Contract. Although the Contract may have been substantially drafted by one
party, it is the intent of the parties that all provisions be construed in a manner to be fair to both
parties, reading no provisions more strictly against one party or the other. Whenever a term
defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to
negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the
filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either
party may make a written request far a meeting between representatives of each party within
fourteen (14) calendar days after receipt of the request or such later period as agreed by the
parties. Each party shall include, at a minimum, one (1) senior level individual with decision-
making authority regarding the dispute. The purpose of this and any subsequent meeting is to
attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days
after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they
will proceed directly to mediation as described below. Negotiation may be waived by a written
agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the
negotiation process, the parties may select, within thirty (30) calendar days, a mediator tramed in
mediation skills to assist with resolution of the dispute. Should they choose this option; the City
PAGE 38 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
and the Contractor agree to act in good faith in the selection of the mediator and to give
consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of
the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within
thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by
the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to
participate in mediation in good faith for up to thirty (30) calendar days from the date of the first
mediation session. The City and the Contractor will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they
may utilize to represent them or otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Commercial Code as
adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that
would refer to and apply the substantive law of another state or jurisdiction. All issues arising
from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not
be construed or interpreted to limit or restrict the right or ability of the City to seek and secure
injunctive relief from any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the
Contract shall in no way affect the validity or enforceability of any other portion or provision of
the Contract. Any void provision shall be deemed severed from the Contract and the balance of
the Contract shall be construed and enforced as if the Contract did not contain the particular
portion or provision held to be void. The parties further agree to reform the Contract to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Contract from
being void should a provision which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City:
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christtnas Day (observed)
New Year's Day (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal
Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of
operation shall be between 5:00 am and 4:00 pm, Monday through Friday, excluding City of
Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of
operation must be approved by the City Manager of Denton, Texas or his authorized designee.
PAGE 39 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose
continuing obligations on the parties, including but not limited to the warranty, indemnity, and
confidentiality obligations of the parties, shall survive the expiration or termination of the
Contract.
54. NON-SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub-awards to parties
that are suspended or debarred or whose principals are suspended or debarred from Federal,
State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies
that its firm and its principals are not currently suspended or debarred from doing business with
the Federal Government, as indicated by the General Services Administration List of Parties
Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the
City of Denton.
55. EQUAL OPPORTLINITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability,
creed, color, genetic testing, or national arigin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as
defined
in the ADA.
56. BiTY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
The following federally funded requirements are applicable, in addition to the specific federally
funded requirements detailed in Attachment B.
A. Definitions. As used in this paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Contractor, the acquisition cost, including transportation
costs to the place of incorporation into the end product (whether or not such costs are paid to a
domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of
the component, including transportation costs as described in paragraph (1) of this defmition,
plus allocable overhead costs, but excluding profit. Cost of components does not include any
costs associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
(2) An end product manufactured in the United States, if the cost of its components mined,
produced, or manufactured in the United States exceeds 50 percent of the cost of all its
components. Components of foreign origin of the same class or kind as those that the agency
determines are not mined, produced, or manufactured in sufficient and reasonably available
commercial quantities of a satisfactory quality are treated as domestic. Scrap generated,
collected, and prepared for processing in the United States is considered domestic.
PAGE 40 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
iv. "End product" means those articles, materials, and supplies to be acquired under the contract
for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. l0a - l 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
docurnentation 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.
58. LICENSE FEES OR TAX�S: Provided the solicitation requires an awarded contractor or
supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the
respondent.
59. PREVAILING WAGE RATES: The awarded contractor shall comply with prevailing wage
rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at
http://www.dol.�ov/whd/cont�•acts/dbra.htm and at the Wage Determinations website
www.wdol.gov for Denton County, Texas (WD-2509).
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor
or supplier shall comply with all State, Federal, and Local laws and requirements. The
Respondent must comply with all applicable laws at all times, including, without limitation, the
following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas
Penal Code, which prohibits the offering or conferring of benefits to public servants. The
Respondent shall give all notices and comply with all laws and regulations applicable to
furnishing and performance of the Contract.
6 L FEDERAL, STATE, AND LOCAL REQiTIItEMENTS: 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.
PAGE 41 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions
of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C.
701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide
requirements for drug-free work place (grants), issued by the Office of Management and Budget
and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the
Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply
with the relevant provisions thereof, including any amendments to the final rule that may
hereafter be issued.
63. RESPONDENT LIABII.ITY FOR DAMAGE TO GOVERNMENT PROPERTY: The
Respondent shall be liable for all damages to government-owned, leased, or occupied property
and equipment caused by the Respondent and its employees, agents, subcontractors, and
suppliers, including any delivery or cartage company, in connection with any performance
pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager
in writing of any such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be
responsible for performance under the Contract should it be prevented from performance by an
act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the
fault or negligence of the City of Denton. In the event of an occurrence under this Section, the
Respondent will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and the Respondent continues to use
commercially reasonable efforts to recommence performance or observance whenever and to
whatever extent possible without delay. The Respondent shall immediately notify the City of
Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar
days of the inception of such occurrence) and describe at a reasonable level of detail the
circumstances causing the non-performance or delay in performance.
65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party
under the Contract will not affect the right of such Party to require performance in the future. No
delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under
the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right
or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed
as a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IIVIMUPTITY: The Parties expressly agree that no
provision of the Contract is in any way intended to constitute a waiver by the City of Denton of
any immunities from suit or from liability that the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting
documents, statistical records, and any other records or books relating to the performances called
for in the Contract. The Respondent shall retain all such records for a period of four (4) years
after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all
audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant
access to all books, records and documents pertinent to the Contract to the CPA, the State
Auditor of Texas, and any federal governmental entity that has authority to review records due to
federal funds being spent under the Contract.
PAGE 42 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT A
INSUR.ANCE REQUIREMENTS AND
WORKERS' COMPENSENTATION REQUIREMENTS
Respondenf's attention is directed % fhe insurance requirements be/ow. lt is highly
recommended that respondents confer with their respective insurance carriers or brokers to
determine in advance of Proposa!/Bid submission fhe availability of insurance certificates and
endorsements as prescribed and provided herein. If an apparent !ow respondenf fails to comply
strictly with the insurance requir�ements, that respondenf may be disqualified from award of the
confract. Upon contract award, all insurance requirements shall become contractua!
obligations, which the successful contractor shall have a duty to mainfain throughouf the course
of this contract.
STANDARD PROVISIONS:
Withouf limifing any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until fhe confracted work has been completed and
accepted by the City of Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
As soon as practicable after notificafion of contracf award, Contracfor shall file wifh ihe
Purchasing Department satisfactory certificates of insurance including any applicable
addendum or endorsements, containing the contracf number and fitle of the project.
Contractor may, upon written requesf to the Purchasing Department, ask for clarification
of any insurance requiremenfs af any time; however, Contractors are strongly advised to
make such requests prior fo proposal/bid opening, since the insurance repuirements
may nof be modified or waived after proposal/bid opening unless a written exception has
been submitted wifh the proposal/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 obfained in safisfaction of these requiremenfs sha11
comp/y with the fol/owing general specifications, and shall be maintained in compliance
with these general specificafions throughout fhe duration of the Contracf, or longer, if so
nofed:
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- VII or better.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
PAGE 43 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
■ 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.
• Cancellation: City requires 30 day wriffen notice should any of the policies
described on fhe certificate be cancelled or material/y 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 pro�iding 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 recei�es satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in safisfaction of this Contracf sha/l
additionally comply with the following marked specifications, and sha// be maintained in
compliance with these addifional specifications throughout the duration of the Contract,
or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
PAGE 44 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
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.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than 500 000 either in a single policy or in a combination
of basic and umbrella or excess policies. The policy will include bodily injury and
property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy
endorsement for:
• any auto, or
• all owned hired and non-owned autos.
[X] Workers' Compensation Insurance
Contractor shall purchase and maintain Workers' Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
perFormed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation
Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
$500,000.00 combined bodily injury and property damage per occurrence with a
$1,000,000.00 aggregate.
PAGE 45 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
[] Fire Damage Legal Liability Insurance
Co�erage is required if Broad form General Liability is not provided or is unavailable to
the contractor or if a contractor leases or rents a portion of a City building. Limits of not
less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100°/o 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.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery
inside/outside the premises, burglary of the premises, and employee fidelity. The
employee fidelity portion of this coverage should be written on a"blankeY' 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.
PAGE 46 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT A
[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Defmitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
PAGE 47 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
2. no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2. provide to the contractor, prior to that person beginning work on the project, a
certifcate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, far the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
PAGE 48 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
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.
PAGE 49 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT B
NOT APPLICABLE
PAGE 50 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT C
BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS
1. Contractor Name: ��;n��,�� Q Cp��y � L1�-
�'
2. Address (Principal Place of Business): 5aas 1 he\�n S} �pc� �jp�� '�C 'j (p i �s
�
3. Does your cornpany have an established physical presence in the State of Texas, or the City of
Denton? �ts �
4. Tax Payer ID#: 75- a(v3 q 7 S? a
5. Email Address of Primary contact: N�i c�el �-I-�/t2livt�ec�c,�i�J •� i�eGir���.�.��r� �e�'G�%rt9 C'�{
.!
6. Website Address: w w u� •-1-�►e I�+n fe c•� c.lirla� . Coµ
�J
7. Telephone: 81 i �d �o �p��
8. Fax: �« 9a � s� a g
9. Other Locations: NO i1e
10. Organization Class:
Partnership �
Individual
Corporation
Association
11. Date Established: �o j l99 lp
12. Former Business Name: N�� �
13. Date of Dissolution: ��P'(
14. Subsidiary of• N `�
15. Historically Underutilized Business: Yes o No
16. Principals and Officers: �i c.�rtG�e l J�i � i � i'r�S i o�e.�-
Please detail responsibilities with the name of each principal or officer. S�E i4TTiacc��,r
17. Key Personnel and Responsibilities: �Q,�,�-p{ �;�ez,
Please detail responsibilities with the name of each key personnel.
PAGE 51 OF RFP #5238
���-1�
Michael Hill —President Oversight of all day to day activities of the operations of Thelin
Recycling. Responsible for employee placement, productivity, and advancement in all areas.
Bids work, coordinates completion. Codes all A/P to proper GL. Maintains quality control over
production and delivery of materials. Responsible for equipment maintenance to ensure ongoing
production. Works with customers to ensure satisfaction. Works to expand the business.
Hector Chairez — Grinding Supervisor. The Grinding Superintendent effectively manages
and is directly responsible for a11 assigned grinding operations and personnel. To achieve this,
the Grinding Superintendent implements and maintains systems and procedures that ensure all
grinding operations are in accordance with quality standards, safety standards, according to
specified cycle time, within allotted budget, achieving company's goals and providing customer
service. Schedules mobilizations / demobilizations of equipment.
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
18. Number of Personnel by Discipline: N C�
Discipline Number of Staff # Registered
19. Services Provided by Contractor: ���' � f K-e �1 an�- ��.��tevtc� �-Cqj�t� �ii�e3
a. Please provide a detailed listing of all services that your company provides.
b. Please detail your prior experience working on similar projects with Texas governmental
entities.
c. Please detail your similar services provided over the past two (2) years.
d. Detail documented proof of at least three (3) projects in the past two (2) years.
e. Please detail these services, including, the nature of the services provided, the scope of the
activities, the organizations for which the services were provided, the dates of the projects,
and the documented benefit to the governmental entity.
20. Has your company filed or been named in any litigation involving your company and the
Owner on a contract within the last five years under your current company name or any
other company name? If so provide details of the issues and resolution if available. Include
lawsuits where Owner was involved. j�D
21. Please provide at least (3) three references (preferably municipalities) and contract
amounts. Include project description, contact names, position, and organization name and
telephone number for each reference listed. See attachment F. S� � t�,C
22. Have you ever defaulted on or failed to complete a contract under your current company
name or any other company name? If so, where and why? Give name and telephone number
of Owner. � �
23. Have you ever had a contract terminated by the Owner? If so, where and why? Give name
and telephone number (s) of Owner (s). � p
24. Has your company implemented an Employee Health and Safety Program compliant with 29
CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "Gener 1 Construction
Standards" as they apply to your Company's customary activities? �2S
http://www.osha.�ov/uls/oshaweb/o«�asrch.search form�� doc type=STANDARDS&� toc
level=l &� keyvalue=1926
PAGE 52 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT E
SAFETY RECORD QUESTIONNAIRE
The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code,
and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to
Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written
defuution and criteria for accurately determining the safety record of a bidder prior to awarding bids on City
contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Denton shall consider the safety record of the bidders in determining the responsibility
thereof. The City may consider any incidence involving worker safety or safety of the citizens of the
City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any
other cause or factor. Specifically, the City may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health
Review Commission (OSHRC), against the bidder for violations of OSHA
regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined
below) for violations within the past five (5) years. Environmental Protection
Agencies include, but are not necessarily limited to, the U.S. Army Corps of
Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission on Environmental
Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC)
(predecessor to the TCEQ), the Texas Department of Health (TDI�, the Texas
Parks and Wildlife Department (TPWD), the Structural Pest Control Board
(SPCB), agencies of local governments responsible for enforcing environmental
protection or worker safety related laws or regulations, and similar regulatory
agencies of other states of the United States. Citations include notices of violation,
notices of enforcement, suspension/revocations of state or federal licenses or
registrations, fines assessed, pending criminal complaints, indictments, or
convictions, administrative orders, draft orders, final orders, and judicial final
judgtnents.
c. Convictions of a criminal offense within the past ten (10) years, which resulted in
bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in
determining the responsibiliTy of the bidder and his or her ability to perform the
services or goods required by the bid documents in a safe environment, both for the
workers and other employees of bidder and the citizens of the City of Denton.
In order to obtain proper information from bidders so that City of Denton may consider the safety records of
potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the
following three (3) questions and submit them with their bids:
PAGE 53 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
OUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone
acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within
the past three (3) years?
YES NO �
If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton,
with its bid submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any,
and penalty assessed.
QUESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or
anyone acting for such firm, corporation, partnership or institution, received citations for violations of
environmental protection laws or regulations, of any kind or type, within the past five years? Citations
include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or
registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative
orders, draft orders, final orders, and judicial final judgments.
YES � NO
If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton,
with its bid submission, the following information with respect to each such conviction: StE�jqCf�%j
Date of offense or occurrence, location where offense occurred, type of offense, fmal disposition of offense,
if any, and penalty assessed.
OUESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for
such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a
criminal offense which resulted in serious bodily in-jur� or death?
YES NO
✓
If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton,
with its bid submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
PAGE 54 OF RFP #5238
Biyan W. Shaw, Ph.D., Chairman
Carlos Rubinstein, Commissioner
Toby Baker, Commissioner
Zak Covar, Executiue Director
;;C r_r�,>
�� - -
�.;,s - �� .
,a�`��„:.�,
� � i,,f`,
.� '''
��
TEXAS COMMISSION 4N ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preve��tinq Pollution
�lllgUSt 21� 2012
Mr. Michael Hill, Manager
Thelin Recycling Company, L.P.
5225 Thelin Street
Fort Worth, Texas �6i15
Re: Notice of Compliance with Agreed Order
City of Cleburne and Thelin Recycling Company, L.P,; RN1o2521606
Docket No. 2012-o325-MLM-E; Enforcement Case No. 43508
Dear Mr. Hill:
This letter is to inform yvu that a review of Texas Commission on Environmental
Quality ("TCEQ") records concerning the above-referenced enforcement matter
indicates that the City of Cleburne and Thelin Recycling Company, L.P. have fulfilled the
requirements of the Agreed Order effective on August i2, 2012. Specifically, the City of
Cleburne and Thelin Recycling Company, L.P. have paid the administrative penalty
assessed in the Agreed Order. Based upon this, we conclude that your response has been
satisfactory and no further action is necessary at this time with respect to this
enforcement matter. The Order will terminate on August i2, 201�, provided the City of
Cleburne and Thelin Recycling Company, L.P. maintain compliance with all terms and
conditions of the Order.
We appreciate your cooperation, and if we can be of any further assistance, please
contact Mr. James Nolan at (512) 239-6634•
Sincerely,
�
Michael De La Cruz, Manager
Enforcement Division
R.�C.��VEI�
AUG �� ��1�
�7�:
cc: Ms. Alyssa Taylor, Manager, Air Section, Dallas/Fort Worth Regional Office,
TCEQ
P.O. Box i3o8� • Austin, Texas �8�ii-3og7 • 5i2-239-1000 • tceq.texas.gov
How is our customer seivice? tceq.texas.gov/customersurvey
prinrEd on recyded oaoer using vege[able-cac�� Ink
Bryan W. Shaw, Ph.D., Chairman
Carlos Rubinstein, Commissioner
Toby Baker, Commissioner
Zak Covar, Executive Director
•
,
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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollurion
August 9, 2012
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. Michael J. Hill, President
Thelin Recycling Company, L.P.
5225 Thelin Street
�Qll �YVUlI�� rfex�s �tii15
Re: TCEQ Enforcement Action
City of Cleburne and Thelin Recycliilg Company, L.P.
2012-o325-MLM-E
Dear Mr. Hill:
Enclosed for your records is a fully-executed copy of the Agreed Order for the above-
referenced matter.
Should you have any questions, please contact James Nolan, the Enforcement
Coordinator assigned to this matter, at (512) 239-6634•
Sincerely,
U'��`.�Y�i-- �,'
�� ��
Debra Barber
Enforcement Division
Enclosure
cc: James Nolan, Enforcement Division
Air Section Manager, Region 4
P.O. Box i3o8� • Austin, Texas �8�ii-go8� • 5i2-239-i000 • tceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
printed on recycled paper
�`EXAS COMMISSION ON ENVIRONMENTAL QUALITY
Il�T THE MATTER OF AN
ENFQRCEMENT ACTION
CQI�TCERNING
CITY OF CLEBURNE AND
TI-iELIN RECYCLII�TG CQIVIPANY,
L.P.
RNxo252�606
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§
§
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§
§
§
BEFORE THE
TEXA�S CaMMISSION QN
EI\TVIRONMENTAL QUALITY
AGREED QRDER
DOCKET NO. 2ai2-o�25-MLM-E
I. JUItISDFCTION AND STIPUI.�ATIONS
At its `� ��" ���� �� agenda, the Texas Cornmission on Environmental Quality
("the Commission" or "TCEQ") considered this agreement of the parties, resolving an
enforcement action regarding the City of Cleburne and Thelin Recycling Company, L.P. ("the
Respondents") under the authority of TEx. HEALTH & SAFETY CODE C�1S. 36i and 382 and TEx.
�hTATER CODE Cll. �. The Executive Director of the TCEQ, through the Enforcement Division, and
the Respondents appear before the Commission and together stipulate that:
The City of Cleburne owns and operates a resource recovery center at 2625 Pipeline Road
in Cleburne, Johnson County, Texas (the "Site") where Thelin Recycling Company, L.P.
conducts grinding operations at the Site.
2. The Site consists of one or more sources as defined in T�,x, i��x & S�E�--�eD�
§ 382.003(ia) and involves or involved the management of municipal solid waste as
defined in TEx. H�.�rx & SaFE� CoDE ch. 361.
3. The Commission and the
enter this Agreed Order,
jurisdiction.
Respondents agree that the Commission has jurisdiction to
and that �ie Respondents are subject to the Commission's
4. The Respondents recei�cTed notice of the violations alleged in Section II ("Allegations") on
or about December 4, 2or1.
5. The occurrence of any violation is in dispute and the entry of this Agreed Order shall not
constitute an admission by the Respondents of any violation alleged in Section II
("Allegations"), nor of any statute or rule.
City of Cleburne and Thelin Recycling Company, L.P.
DOCKET N0. 2oi2-o325-MLM-E
Page 2
6. An administrative penalty in the amount of Seven Hundred Fifry Dollars ($750) is
assessed by the Commission in settlement of the violations alleged in Section II
("Allegations"). The Respondents have paid Six Hundred Dollars ($600) of the
administrative penalty and One Hundred Fifty Dollars ($150) is deferred contingent
upon the Respondents' timely and satisfactory compliance with all the terms of this
Agreed Order. T`he deferred amount will be waived upon full compliance with the terms
of this.Agreed Order. If the Respondents fail to timely and satisfactorily comply with all
requirements of this Agreed Order, the Executive Director may require the Respondents
to pay all or part of the deferred penalty.
�. Any notice and proceduxes, which might otherwise be authorized or required in this
action, are waived in the interest of a more tirnely resolution of the matter.
8. The Executive Director of the TCEQ and the Respondents have agreed on a settlement of
the matters alleged in this enforcement action, subject to the approval of the
Commission.
9. The Executive Director recognizes that on October 26, 2011, the Respondents conducted
training with all operators at the Site regarding proper grinding operations, traffic safety,
Iitter control, and managing air pollutants to prevent a reoccurrence of similar violatians.
The Respondents have also implemented procedures to train operators prior to future
grinding operations.
Yo. The Executive Director may, without further notic� or hearulg, refer this matter to the
Office of the Attorney General of the State of Texas ("OAG") for further enforcement
proceedings if the Executive Director determin.es that the Respondents have not
complied with one or more of the terms or conditions in this Agreed Order.
ii. This Agreed Order shall terminate five years from its effective date or upon compliance
with all the terms and conditions set forth in this Agreed Order, whichever is later.
r2. The provisions of this Agreed Order are deemed severable and, if a court of cornpeient
jurisdiction or other appropriate authority deems any pro�rision of this Agreed Order
unenforceable, the remaining provisions shall be valid and enforceable.
- — _ ___ _ _ _ - ------ ------
II. A�,LEGATI�NS
.As owner and operators of the Site, the Respondents are alleged to have failed to operate
control devices as necessary to achieve maximum control of dust emissions that resulted in a
dust nuisance and a traffic hazard, in violation of 3o TEx. ADMIN. CODE §§ 101.4, 1ox.5� 332•4�2)>
332.sCa)�6)� 332•8(b)�3)� and 332��Cb)C4) and 'I'Ex. HEALTH & SAFE'I`Y CODE § 382.oS5(a) and
(b), as documented during an investigation conducted on September 2�, aoii. Speci�ically,
citizen collected evidence documented that on August 2g, aozz, the Respondents failed to
operate control devices on the grinder and the conveyors, resulting in reduced visibility on
Pipeline Road and a nuisance condition that impacted surrounding properties.
City of Cleburne and Thelin Recycling Company, L.P.
DOCKET NO. aoi2-o325-AZLM-E
Page 3
III. DEIVIALS
The Respondents generally deny each allegation in Section II ("Allegations").
N. ORDERING PROVISIQNS
1. It is, therefore, ordered by the TCEQ that the Respondents pay an administrative penalty
as set forth in Section I, Paragraph 6 above. The payment of this administrative penalty
and the Respondents' compliance with all the terms and conditions set forth in this
A.greed Order resolve only the allegations in Section II. The Commission shall not be
constrained in any manner from requiring corrective actian or penalties for violations
which are not raised here. Administrative penalty payments shall be made payable to
"TCEQ" and shall be sent with the notation "Re: City of Cleburne and Thelin Recycling
Company, L.P., Docket No. 2orz-o325-MLM-E" to:
Financial Administration Division, Revenues Section
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box 13088
Austin, Texas �8�ii-3o88
2. The City of Cleburne and Thelin Recycling Company, L.P. are jointly and severally liable
for the violations documented in this Agreed Order, and are jointly and severally liable
for timely and satisfactory compliance with all terms and conditions of this Agreed
Order. �
3. The provisions of this Agreed Order shall apply to and be bintling upon the Respondents.
The Respondents are ordered to give notice of the Agreed Order to personnel who
maintain day-to-day control over the Site operations referenced in this Agreed Order.
4. This Agreed Order, issued by the Commission, shall not be admissible against the
Respondents in a civil proceeding, unless fhe proceeding is brought by the OAG to: (i)
enforce the terms of this Agreed Order; or (2) pursue violations of a statute within the
Commission's jurisdiction, or of a rule adopted or an order or permit issued by the
Commission under such a statute.
5. This Agreed Order may be executed in separate and multiple counterparts, which
together shall constitute a single instrument. Any page of this Agreed Order rnay be
copied, scanned, digitized, converted to electronic portable document format ("pdf'), or
otherwise reproduced and may be transmitted by digital or electronic transmission,
including but not limited to facsimile transmission and electronic mail. Any signature
affixed to this Agreed Order shall constitute an .original signature for all purposes and
may be used, filed, substituted, or issued for any purpose for which an original signature
could be used. The term "signature" shall include manual signatures and true and
accurate reproduct�ons of manual signatures created, exECUted, endorsed, adopted, or
authorized by the person or persons to whom the signatures are attributable. Signatures
may be copied or reproduced digitaIly, electronically, by photocopying, engraving,
imprinting, lithographing, electronic mail, facsimile transmission, stamping, or any other
means or process which the Executive Director deems acceptable. In this paragraph
exclusively� '�le terms "electronic tT3I1SIT115510I1"� "OWI10T", "�eTSOIl", "WI'lti.rig", and
"written" shall have the meanings assigned to them under TEx. BUS. ORG. CoDE § �.002.
City of Cleburne and Thelin Recycling Company, L.P.
DOCKET NO. 2012-o325-MLM-E
Page 4
6. Under 3o TEx. ADMnv. CODE §']O.�o(b), the effecti��e date is the date of hand-delivery of
the Order to the Respondents, or three days after the date on which �Iie Commission
mails notice of the Order to the Respondents, whichever is earlier, The Chief Clerk shall
provide a copy of this Agreed Order to each of the parties.
City of ClebU.rne and Thelin Recycling Cornpany, L.P.
DOCKET I�TO. 2012-o3z5-MLM-E
Page 5
SIGNATURE PAGE
TEXAS GOMMISSION ON ENVTRONMENTAL QUALITY
For the Commission
.
For t1�. ecutive Direcfor
7 2 26 2
Date ----- - - - _ _
I, the undersigned, have read and understand the attached Agreed Order. I am authorized to
agree to the attached Agreed Order on behalf of the entity indicated below my signature, and I
do agree to the terms and conditions specified therein. I further acknowledge that the TCEQ, in
accepting payment for the penalty amount, is materially relying on such representation.
T also understand that failure to comply with the Ordering Provisions, if any, in this order
and/or failure to timely pay the penalty amount, may result in:
• A negative impact on compliance history;
• Greater scrutiny of any permit applications submi.tted;
• Referral of. this case to the Attorney General's Office for contempt, injunctive relief,
additional penalties, and/or attorney fees, or to a collection agency;
� Increased penalties in any future enforcement actions;
• Automatic referral to the Attorney General's Office of any future enforcement actions;
and
� TCEQ see�ang other relief as authorized by law.
In addition, any falsification of any compliance documents may result in criminal prosecution.
- - --- - - -- - - - _ . _ -- - - - - - - -- -- ------- — - - --
� � �
Sign re � D ate '
Rick Holden City Manager, City of Cleburne
Name (Printed or typed) Title
Authorized Representative of the City of Cleburne
Lnstructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration
Division, Revenues Section at the address in Section N, Paragraph i of this Agreed Order.
City of Cleburne and Theliri Recycling Company, L.P,
DOCKET N0. 2012-o325-MLM-E
Page 6
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONI�ZENTAL QUALITi'
For the Commission
.
--- - -- _Eor_ e�utiv�_ Dir��tor. -- - - -
7 2.7 20/2
Date
I, the undersigned, have read and understand the attached Agreed Order. I am autharized to
agree to the attached Agreed Order on behalf of the entity indicated below my signature, and I
do agree to the terms and conditions specified therein. I further acknowledge that the TCEQ, in
accepting payxnent for the penalty amount, is materially relying on such representation.
I also understand that failure to comply with the Ordering Provisions, if any, in this order
and/or failure to timely pay the penalty amount, may result in:
• A negative impact on compliance history; ,
� Greater scrutiny of any permit applications submitted;
� Referral of this case to the Attorney General's Office for contempt, injunctive relief,
additional penalties, and/or attorney fees, or to a collection agency;
• Increased penalties in any future enforcement actions;
• Automatic referral to the Attorney General's Office of any future enforcement actions;
and
• TCEQ seelang other relief as authorized by law.
In addition, any falsification of any complian.ce documents may result in criminal prosecution.
�
� `�� . �
Name (Printed or typed) k
Authorized Representative of
Thelin Recycling Company, L.P.
'r''� — = '� f �
Date
����C-�.�,�i
� �C
Title
Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration
Division, Revenues Section at the address in Section N, Paragraph i of this Agreed Order.
TCEQ EXIT INTERV�W FORM: Potential Violations and/or Records Request
Regulated Entity/Site Name Thelin Recycling Company, L.P. TCEQ Add. ID No. RN100762954
RN No (optional)
Invesfigation Type MSW Contacf Made In-House (Y/1� N Furpose of Investigation Emergency Response Follow-Up
Regulated Entity Contact Michael Hill, President Telephone No. , 817-926-5626 Date Contacted N/A
Note: Updated 10/11/11 to correct rule citation. FAX #/Email address 817-926-5628 �AX/Email date 10/11/11
michael@thelinrecycl
ing.com
NOTICE: The informalion provided in this foim is intended to provide clarity to issues that have arisen during the investigation pmcess between the TCEQ and the regulated entity named abwe and does not represent fina[ TCEQ findings
related to violations. Any potential or alleged violations discovered after the date on this forni will be communicated to the regulated entity representarive prior to the issuance of a notice ofviolation or enforcement Conclusions drawn &om this
iuvesti fion, includin additional violations or otential violations discovered if an ) durin the course of this investi ation, will be documented in a Snal investi ation-re ort.
Issue For Records Reguest, idenfify the necessary records, tlie companycontact and date due to the agency. For Alleged and Potential Violation issues, include the
rule in question with the clearly described potential problem. Other fype of is§ues: futly describe.
No. Typel Rule:Cifation:(if Irnown) Description of Issue
1 AV 30 Tex. Admin. Code Failure to demonstrate that the partially combusted mulch material is not a solid waste.
335.1(134)(H)(vii) and
335.1(134)(I)
2 AV 30 Tex. Admin. Code Failure to meet an exception to the general prohibition on outdoor burning.
111.zo1;
Tex. Health Safety Code
382.085(b)
Note
or
CCEQ document the. regulatei
O (Other), or RR (Records Request)
abqve operaring vrithout.proper authorization? ,;I ❑ Yes � No
sentativ� that.continued operation is not:authorized? -r � Yes ❑ No
Document Acknowledgment. Signature on this document establishes only that the regulated entity (RE) representative received a copy of this document and associated continuation pages on the date noted. If
contact was made by telephone, the document will be sent via FAX or Email to RE; therefore, the RE signatiue is not required.
Kendra Riffe 10/11/11
Investigator Name (Signed &Printed) Date Regulated Entity Representative Name (Signed & Printed) Date
If you have questions about any informatioa on this form, please contact your local TCEQ Regional Of'fice.
Individuals aze entitlzd to request and review their personal infortnation d�at the agency gathers on ifs forms. They may also have any eaors in their infomiation corrected. To review such infwmatioq call 512239-3282.
White Copy: Regulated Entily Representative Yellow Copy: TCEQ
TCEQ 20065 (4/OB) (Note: use addidonal pages as oecessary) Page _1_ of _7_
Audra Pennington
From: Scott McCoy [smccoy26.imap@gmail.com] on behalf of Scott McCoy [smccoy26
@austin.rr.com]
Sent: Friday, January 06, 2012 9:08 AM
To: Michael Hill; Audra Pennington
Subject: TCEQ - Cleburne Response Letter
Attachments: Thelin Letter To TCEQ on Cleburne.doc
Michael,
Attached is a"Draft" letter to the TCEQ with a"Response" to each of the alleged violations. Since I do not have direct
knowledge of the incident I hope the responses are correct. In reading the letter from TCEQ it may benefit you to send
this in to let them know Thelin is working on some protocols to address their concerns. We can discuss these later. Read
them and let me know if you want me to send them to TCEQ or if you want to do that. There is also the issue of
requesting a"Hearing" in Austin and if you want to do that concerning the stock piling of material within 50 ft of the
property line. I think we can address that in the "Protocols" we establish. Thanks Scott
KSS Consulting, LLC
Scott McCoy, President
Austin Texas
512-698-6946
��aTHELIN�'��,
Recycling Company, L.P.
January 5, 2012
To: Ms. Elizabeth Smith.
Air Section, DFW Region Office
2309 Gravel Dr
Fort Worth, Texas 76118-6951
From:
Michael Hill, Owner
Thelin Recycling Company LP
5225 Thelin St
Fort Worth TX 76115-4402
RE: Notice of Enforcement for Compliance Investigation at: City of Cleburne Resource Recovery Center, 2625
Pipeline Rd, Cleburne, Johnson County, Texas TCEQ ID No.: JHo091B; RN102521606; CN600241392
Dear Ms. Smith,
This is to inform you that Thelin Recycling Company LC has received the letter dated November 29, 2011 from the
Texas Commission on Environmental Quality concerning the alleged violations.
We apologize for the delayed response but the holidays, as with many others, have interrupted our daily routine.
Thelin Recycling does take the alleged violations very seriously and hope our proposed actions will satisfy the
TCEQ and show that Thelin Recycling believes in the protection of the environment and recycling of valuable
resources.
Response to the alleged violations:
Track 449147
Failure to prevent the dust emissions from traveling out of their facility and creating nuisance conditions on
surrounding properties. Based on the citizen collected evidence submitted on September 2, 2011, dust emissions
generated by Resource Recovery Center (RRC) during their grinding operation on August 29, 2011, impacted
surrounding properties, in violation of 30 Texas Administrative Code (TAC) 101.4: Nuisance and 30 TAC 332.4(2):
Nuisance conditions.
Recommended Corrective Action: Immediately cease causing nuisance conditions
Response:
As documented in the alleged violation and the recommended correction action, operations causing the nuisance
condition were immediately ceased.
Track No: 449149
Failure to prevent the dust emissions from traveling out of their facility and creating a tra�c hazard. Based on the
citizen collected evidence submitted on September 2; 2011, dust emissions generated by Resource Recovery Center
(RRC) during their grinding operation on August 29, 201 l, reduced the visibility of Pipeline Road, in violation of 30
TAC 101.5: Traffic Hazard.
Recommended Corrective Action: Immediately cease causing traffic hazard conditions.
Response:
As documented in the alleged violation and the recommended correction action, operations causing traffic hazard
conditions were immediately ceased.
Track No: 449151
5225 Thelin Street • Fort Worth, Texas 76115
p::�::e $:�_0��-55�� . ��„ g:�_o��-56�Q
�'�,�THELIN�",�
Recycling Company, L.P.
Failure to meet the 50 feet setback distance from northeast property line to the edge of the area storing
feedstock. 30 TAC 332.8(b)(1) states that if the total volume of material to be mulched is greater than
2,000 cubic yards, the setback distance from all property boundaries
to the edge or the area receiving, processing, or storing feedstock or finished product must be at least 50
feet. On November 4, 201 l, Mr. Rodney Collins, RRC Superintendent indicated that the maximum
feedstock accumulated on site was approximately 5,000 cubic yards.
Based on aerial map, the area storing feedstock was located approximately 25 feet away from Resource
Recovery Center's (RRC) northeast property line. Furthermore, RRC was also in violation of 30 TAC
332.8(a)(6), which states that the facility shall comply with 30 TAC 332.8(b).
Recommended Corrective Action: Comply with 30 TAC 332.8(b)(1) and 30 TAC 332.8(a)(6).
Response:
As stated in the alleged violation, the City of Cleburne, Mr. Rodney Collins, RRC Superintendent that manages the
site admits to several alleged violations. Thelin Recycling as a contractor does not have control over the site and
where the City may have placed the material prior to Thelin arriving to the site. Thelin Recycling believes that this
alleged violation should be the responsibility of the properiy owner. There is no way for Thelin as a contractor to
know where the property line may exist.
With that said, Thelin Recycling will work on a solution to achieve
voluntary compliance by developing a protocol to assure that property lines are clearly defined before contract
operations begin.
Track No: 450486
Failure to utilize control devices as necessary to achieve maximum control of dust when stockpiling ground material
for the ginder. 30 TAC 332.8(b)(3) states that if the grinder is not enclosed inside a building, it shall be equipped
with low-velocity fog nozzles spaced to create a continuous fog curtain or watering equipment shall be available
during the grinding operation. The controls shall be utilized as necessary for maximum control of dust. RRC
conducted their grinding operations outside. Mr. Rodney Collins, RRC Superintendent and Mr. Hector Chairez,
Thelin Recycling Company, indicated that only watering equipment was installed on the grinder; however, the
watering system was not being used during the grinding operation on August 29, 2011. Furthermore, RRC was also
in violation of 30 TAC 332.8(a)(6), which states that the facility shall comply with 30 TAC 332.8(b).
Recommended Corrective Action: Comply with 30 TAC 332.8(b)(3) and 30 TAC 332.8(a)(6).
Response:
To correct this item Thelin Recycling will develop a training program for their staff to follow utilizing nationa]
recognized standards and/or protocols to address dust migration. Training will be reviewed during our monthly
safety meeting and prior to equipment and staff being deployed to a grinding site.
Track No: 451131
Failure to utilize control devices as necessary to achieve maximum control of dust for conveyors. 30 TAC
332.8(b)(4) states that all conveyors which off-load materials from grinders at a point which is not enclosed inside a
building shall have available a water or mechanical dust suppression system. The controls shall be utilized as
necessary for maximum dust control. RRC conducted their grinding operations outside. Mr. Rodney Collins, RRC
Superintendent and Mr. Hector Chairez, Thelin Recycling Company, indicated that watering equipment was
available; however, it was not being used during the grinding operation on August 29, 2011. Furthermore, RRC was
also in violation of 30 TAC 332.8(a)(6), which states that the facility shall comply with 30 TAC 332.8(b).
Recommended Corrective Action: Comply with 30 TAC 332.8(b)(4) and 30 TAC 332.8(a)(6).
Response:
As stated in the prior alleged violation, to correct this item Thelin Recycling will develop a training program for
their staff to follow utilizing national recognized standards and/or protocols to address dust migration. Training will
be reviewed during Thelin's monthly safety meeting and prior to equipment and staff being deployed to a grinding
5225 Thelin Street • Fort Worth, Texas 76115
Pl:�^� Q.7-926-5625 • Fax 81?-926-SE28
�,'�aTHELIN�'�a
Recycling Company, L.P.
site. Portable dust suppression equipment will be deployed along the conveyor and off-load area as necessary to
control dust.
In conclusion, Thelin Recycling Company wants to prevent pollution, recycle and to comply with
environmental laws. Thelin Recycling will prepare a plan and submit it to TCEQ to outline the proposed remedies as
described in this letter. We at Thelin hope to work with TCEQ to avoid any issues in the future.
Sincerelv.
cc: Alyssa M. Taylor, RE.M. Air Section Manager DFW Region O�ce
5225 Thelin Street • Fort Worth, Texas 76115
Pl:o.^.e 8??-425-5�2� • Fax Q:7-o25_55�g
Audra Pennington
From: Scott McCoy [smccoy26.imap@gmail.com] on behalf of Scott McCoy [smccoy26
�austin.rr.com]
Sent: Wednesday, October 12, 2011 9:51 AM
To: Michael Hill; Audra Pennington
Subject: Fwd: Re: Response Letter Concerning Thelin Recycling
Attachments: exit-interview-form_10.11.11.pdf
Michael and Audra,
Here is the email I got from TCEQ. Not sure you got a copy but here is one for your file. We wili need to
address the specifics in the correct rule
335.1(138)(H)(vii) the recycling material must not present an increased risk to human health, the environment,
or waters in the state when applied to the land or used in products which are applied to the land and the
material, as generated:
(This should be address with the STA test being done now)
335.1(138)(I) Respondents in actions to enforce the industrial solid waste regulations who raise a claim that a
certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a
known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In
doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the
material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt
from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials
must show that they have the necessary equipment to do so and that the recycling activity is legitimate and
beneficial.
(Do you have a contract with Scotts for this material? and can you provide a list of the equipment you have?)
Thanks Scott
KSS Consulting, LLC
Scott McCoy, President
Austin Texas
512-698-6946
-------- Original Message --------
Subject:Re: Response Letter Concerning Thelin Recycling
Date:Tue, 11 Oct 2011 10:11:16 -0500
From:Kendra Riffe <Kendra.Riffe(a�t�ceq.texas.gov>
To:Scott McCoy <smccoy26(a�austin.rr,com>
Mr . McCoy,
I just reviewed the exit interview form I sent you on September 20, 2011, and realized
did not cite the exact rule I meant for the first alleged violation. Please see the
updated exit interview form attached. I highlighted the change that was made.
Thank you,
Kendra Riffe
Texas Commission on Environmental Quality
817-588-5811
»> Scott McCoy <smccoy26@austin.rr.com> 9/22/2011 3:28 PM »>
Dear Ms. Riffe,
Please find attached a response letter to your email received on
September 20, 2011. Also attached is the MSDS sheet as requested in your
email for the fire suppressant foam used on the fire.
If you have any additional questions please feel free to contact me or
our consultant:
KSS Consulting, LLC
Scott McCoy, President
Austin Texas
512-698-6946
Sincerely,
Michael Hill, President
Thelin Recycling
2
Audra Pennington
From: Scott McCoy [smccoy26.imap@gmail.com] on behalf of Scott McCoy [smccoy26
@austin.rr.com]
Sent: Wednesday, October 12, 2011 9:37 AM
To: Kendra Riffe; Michael Hill; Audra Pennington
Subject: Re: Response Letter Concerning Thelin Recycling
Dear Ms, Riffe,
In your exit interview email you sent me on 10/11/2011, you site:
30 Tex. Admin. Code 335.1(134)(H)(vii) and 335,1(134)(I). Is this correct or should it be 335.1(138)(H)(vii) and
335.1(138)(I)?
We just want to make sure 134 is what you mean as it does not seem to relate to our situation.
Also want you to know that we have sent a sample off to a certified USCC STA Laboratory and should receive the results
in a week or so.
If you have any questions please feel free to contact me.
Sincerely,
Scott McCoy
KSS Consulting, LLC
Scott McCoy, President
Austin Texas
512-698-6946
y,� Bryan W. Shaw, Ph.D., Chairman
Buddy Garcia, Commissioner
Carlos Rubinstein, Commissioner
= Mark R. Vickery, P.G., Executive Director
�;C E_ �� f. ..
� 1 1; ,
„�, / � ,6 � '"�\
-ti,-� ,;/,'•
�SI �„�``- II�-'
1'r�� %�: '
�- ��.
TEXAS COMMISSION ON EI��'�tRONMENTAL QUALITY
Protecting Texas by Reducing and Preuenting Pollution
March 22, 2012
CERTIFIED MAIL - RETURN RECEIPT REQUESTED _g1 7108 2133 3935 1985 3568
Mr. Michael Hill, Manager
Thelin Recycling Company, L.P.
5225 'Thelin Street
Fort Worh, Texas �6ii5
Re: Notice of Enforcement Action
City of Cleburne and Thelin Recycling Company, L.P.; RN1o252�606
Docket No. 2oi2-o325-MLM-E; Enforcement Case No. 43508
FOR SETTLEMENT PURPOSES ONLY
Dear Mr. Hill:
The Executive Director of the Texas Commission on Environmental Quality ("Comxnission" or
"TCEQ") is �pursuing an enforcement action against the City of Cleburne and Thelin Recycling
Company, L.P. for violations of the Texas Health & Safety Code and/or Commission Rules.
These violations were discovered during an investigation conducted on September 21, ao1�, and
documented in a letter dated November 29, 2oi1, from the TCEQ Dallas/Fort Worth Regional
Office.
Please find enclosed a proposed agxeed order which we have prepared in an attempt to expedite
this enforcernent action. The order assesses an administrative penalty of Seven Hundred F�fty
Dollars ($750). We are proposing a one time offer to defer One Hundred Fifty Dollars ($i5o) of
the administrative penalty if you satisfactorily comply with all the ordering provisions within the
time frames listed. Therefore, the administrative penalty to be paid is Six Hundred Dollars
($600). The order also identifies the violations that we are addressing.
If you have any questions regarding this matter, we are available to discuss them in a conference
in Austin or over the telephone. If we reach agreement in a timely manner, the TCEQ will then
proceed with the remaining procedural steps to settle this matter. These steps include
publishing notice of the proposed order in the Texas Register, and scheduling the matter for the
Commission's agenda. We believe that handling this matter expeditiously could save the City of
Cleburne, Thelin Recycling Company, L.P., and the TCEQ a significant amount of time, as well
as the expense associated with litigation.
Enclosed for your convenience is a return envelope. If you agree with the order_ as proposed,
please sign and return the original order and the penalty payment (check payab��. to "TCEQ"
and referencing the City of Cleburne and Thelin Recycling Company, L.P., D�i�et No. 2oi2-
og25-MLM-E) to:
P.O. Box i3o8� • Austin, Texas �8�ii-3o8� • 512-239=i000 � www.tceq.texas.gov
How is our customer service? www.tceq.texas.gov/goto/customersurvey
piintr>d c,., ,-c��,�.�t. ��aper iisin_ . -bas_�. �n�.
Mr. Michael Hill
Page 2
March 22, 2012
Financial Administratian Division, Revenues
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box i3o88
Austin, Texas 'J8711-30HH
Should you believe you are unable to pay the proposed administrative penalty, you may claim
financial inability to pay part or all of the penalty amount. Please contact us immediately to
obtain a list of financial disclosure documents that must be submitted within 3o days of the
receipt of this letter. These documents, once properly completed and submitted, will be
thoroughly reviewed to determine if we agree with the claim of financial inability. Please be
aware that if financial inability is proven to the satisfaction of staff, discussions pertaining to the
penalty amount adjustment will focus only on deferral and not on waiver of the penalty amount.
You may be able to perform or pay for a Supplemental Environmental Project ("SEP"), which is
a project that benefits the environment, to offset a portion of your penalty. If you are
interested in nerforming a SEP, you must agree to the penalt� amount and submit
a SEP proposal within �o davs of receipt of this proposed order. For additional
information about SEPs, please go to the TCEQ's web site link at
httn://www.tceq.state.tx.us/le�al/se�/index.html or contact the Enforcement
Coordinator listed below.
Please note that any agreements we reach are subject to final approval in accordance with 30
TEX. ADMIN. CODE § �0.10(1).
If we cannot reach a settlement of this enforcement action or you do not wish to
participate in this expedited process, we will proceed with enforcement under the
Commission's Enforcement Rules, go T�. ADMIN. CoDE ch. �o. Specifically, if the
signed order and penalty are not mailed and postmarked within 6o days from the
date of this letter, your case will be forwarded to the Litigation Division and this
settlement offer, including the penaltv deferral, will no longer be available. If you
would like to obtain a copy of 3o TEx. A�lvtnv. CODE ch. �o or any other TCEQ rules, you may
contact any of the sources listed in the enclosed brochure entitled Obtaining TCEQ Rules. The
enforcement process described in 3o TEx. AnM�. CoDE ch. �o requires the staff to prepare and
issue an Executive Director's Preliminary Report and Petition to the Commission.
Mr. Michael Hill
Page 3
March 22, 2012
For any questions or comments about this matter or to arrange a meeting, please contact Mr.
James Nolan of my staff at (512) 239-6634•
Sincerely,
���a?��,_ ---
c�
Michael De La Cruz, Manager
Enforcement Division
Texas Commission on Environmental Quality
MD/jmn
Enclosures: Proposed Agreed Order, Return Envelope, Obtaining TCEQ Rules, Penalty
Calculation Worksheet, Site Compliance History
cc: Ms. Alyssa Taylor, Manager, Air Section, Dallas/Fort Worth Regional Office, TCEQ
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
,�� o,�
� �
�_�
IN THE MAZ°TER OF AN
ENFORCEMENT ACTION
CONCERNING
CITY OF CLEBURNE AND
THELIN RECYCLING COMPANY,
L.P.
RNioa52x6o6
§
§
§
§
§
§
§
BEFORE THE
TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
AGREED ORDER
DOCKET NO. 2oi2-og25-MLM-E
I. JURISDICTION AND STIPULATIONS
At its agenda, the Texas Cornmission on Environmental Quality
("the Commission" or "TCEQ") considered this agreement of the parties, resolving an
enforcement action regarding the City of Cleburne and Thelin Recycling Company, L.P. ("the
Respondents") under the authority of TEx. HEALTH & SAFETY CODE C11S. 361 and 382 and TEx.
WATER CODE Ch. �. The Executive Director of the TCEQ, through the Enforcement Division, and
the Respondents appear before the Comrnission and together stipulate that:
i. The City of Cleburne owns and operates a resource recovery center at a625 Pipeline Road
in Cleburne, Johnson County, Texas (the "Site") where Thelin Recycling Company, L.P.
conducts grinding operations at the Site.
2. The Site consists of one or more sources as defined in TEx. HEALTH & SAFETY CODE
§ 382.003(i2) and involves or involved the management of municipal solid waste as
defined in TEx. HEALTH & SAFETY CODE CIl. 36i.
3. The Commission and the
enter this Agreed Order,
jurisdiction.
Respondents agree that the Commission has jurisdiction to
and that the Respondents are subject to the Commission's
4. The Respondents received notice of the violations alleged in Section II ("Allegations") on
or about December 4, 2o�i.
5. The occurrence of any violation is in dispute and the entry of this Agreed Order shall not
constitute an admission by the Respondents of any violation alleged in Section II
("Allegations"), nor of any statute or rule.
City of Cleburne and Thelin Recycling Company, L.P.
DOCKET NO. 2012-o325-MLM-E
Page 2
6. An administrative penalty in the amount of Seven Hundred Fifty Dollars ($750) is
assessed by the Commission in settlement of the violations alleged in Section II
("Allegations"). The Respondents have paid Six Hundred Dollars ($600) of the
administrative penalty and One Hundred Fifty Dollars ($150) is deferred contingent
upon the Respondents' tirnely and satisfactory compliance with all the terms of this
Agreed Order. The deferred amount will be waived upon full compliance with the terms
of this Agreed Order. If the Respondents fail to timely and satisfactorily comply with all
requirements of this Agreed Order, the Executive Director may require the Respondents
to pay all or part of the deferred penalty.
�. Any notice and procedures, which might otherwise be authorized or required in this
action, are waived in the interest of a more timely resolution of the matter.
8. The Executive Director of the TCEQ and the Respondents have agreed on a settlement of
the matters alleged in this enforcement action, subject to the approval of the
Commission.
9. The Executive Director recognizes that on October 26, 2011, the Respondents conducted
training with all operators at the Site regarding proper grinding operations, traffic safety,
litter control, and managing air pollutants to prevent a reoccurrence of similar violations.
The Respondents have also implemented procedures to train operators prior to future
grinding operations.
io. The Executive Director may, without fiirther notice or hearing, refer this matter to the
Office of the Attorney General of the State of Texas ("OAG") for further enforcement
proceedings if the Executive Director determines that the Respondents have not
complied with one or more of the terms or conditions in this Agreed Order.
ii. This Agreed Order shall terminate five years from its effective date or upon compliance
with all the terms and conditions set forth in this Agreed Order, whichever is later.
12. The provisions of this Agreed Order are deemed severable and, if a court of competent
jurisdiction or other appropriate authority deems any provision of this Agreed Order
unenforceable, the remaining provi.sions shall be valid and enforceable.
II. ALLEGATIONS
As owner and operators of the Site, the Respondents are alleged to have failed to operate
control devices as necessary to achieve maximum control of dust emissions that resulted in a
dust nuisance and a traffic hazard, in violation of 3o TEx. ADMIN. CODE §§ 101.4, io�.5� 332•4i2),
332•8�a)(6), 332.8(b)(3), and 332•8(b)(4) and TFx. HEALTH Sz SAFETY CODE § 382.o85(a) and
(b), as documented during an investigation conducted on September 2i, 2oi1. Specifically,
citizen collected evidence documented that on August 2g, ao��, the Respondents failed to
operate control devices on the grinder and the conveyors, resulting in reduced visibility on
Pipeline Road and a nuisance condition that impacted surrounding properties.
City of Cleburne and Thelin Recycling Company, L.P.
DOCKET NO. 2012-o325-MLM-E
Page 3
III. DENIALS
T'he Respondents generally deny each allegation in Section II ("Allegations").
N. ORDERING PROVISIONS
It is, therefore, ordered by the TCEQ that the Respondents pay an administrative penalty
as set forth in Section I, Paragraph 6 above. The payment of this administrative penalty
and the Respondents' compliance with all the terms and conditions set forth in this
Agreed Order resolve only the allegations in Section II. The Commission shall not be
constrained in any manner from requiring corrective action or penalties for violations
which are not raised here. Administrative penalty payments shall be made payable to
"TCEQ" and shall be sent with the notation "Re: City of Cleburne and Thelin Recycling
Company, L.P., Docket No. 2oi2-o325-MLM-E" to:
Financial Administration Division, Revenues Section
Attention: Cashier's Office, MC 214
Texas Commission on Environmental Quality
P.O. Box i3o8$
Austin, Texas �5�11-3088
2. The City of Cleburne and Thelin Recycling Company, L.P. are jointly and severally liable
for the violations documented in this Agreed Order, and are jointly and severally liable
for timely and satisfactory compliance with all terms and conditions of this Agreed
Order. �
g. The provisions of this Agreed Order shall apply to and be binding upon the Respondents.
1'he Respondents are ordered to give notice of the Agreed Order to personnel who
maintain day-to-day control over the Site operations referenced in this Agreed Order.
4. . This Agreed Order, issued by the Commission, shall not be admissible against the
Respondents in a civil proceeding, unless the proceeding is brought by the OAG to: (�)
enforce the terms of this Agreed Order; or (2) pursue violations of a statute within the
Commission's jurisdiction, or of a rule adopted or an order or permit issued by the
Commission under such a statute.
5. This Agreed Order may be executed in separate and multiple counterparts, which
together shall constitute a single instrument. Any page of this Agreed Order may be
copied, scanned, digitized, converted to electronic portable document format ("pdf'), or
otherwise reproduced and may be transmitted by digital or electronic transmission,
including but not limited to facsimile transmission and electronic mail. Any signature
affixed to this Agreed Order shall constitute an original signature for all purposes and
may be used, filed, substituted, or issued for any purpose for which an original signature
could be used. The term "signature" shall include manual signatures and true and
accurate reproductions of manual signatures created, executed, endorsed, adopted, or
authorized by the person or persons to whom the signatures are attributable. Signatures
may be copied or reproduced digitally, electronically, by photocopying, engraving,
imprinting, lithographing, electronic mail, facsimile transmission, stamping, or any other
means or process which the Executive Director deems acceptable. In this paragraph
exclusively, the terms "electronic transmission", "owner", "person", "writing", and
"written" shall have the meanings assigned to them under TEx. Bus. ORG. CODE § 1.002.
� City of Cleburne and Thelin Recycling Company, L.P.
DOCKET N0. 2012-o325-MLM-E
Page 4
6. Under 3o TEx. ADMIN. CODE § �O.io(b), the effeetive date is the date of hand-delivery of
the Order to the Respondents, or three days after the date on which the Commission
mails notice of the Order to the Respondents, whichever is earlier. The Chief Clerk shall
provide a copy of this Agreed Order to each of the parties.
City of Cleburne and Thelin Recycling Company, L.P.
DOCKET NO. 2012-o325-MLM-E
Page 5
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Fox the Commission
For the Executive Director Date
I, the undersigned, have read and understand the attached Agreed Order, I am authorized to
agree to the attached A.greed Order on behalf of the entity indicated below my signature, and I
do agree to the terms and conditions specified therein. I further acknowledge that the TCEQ, in
accepting payment for the penalty amount, is materially relying on such representation.
I also understand that failure to comply with the Ordering Provisions, if any, in this order
and/or failure to timely pay the penalty amount, may result in:
• A negative impact on compliance history;
• Greater scrutiny of any permit applications submitted;
• Referral of this case to the Attorney General's Office for contempt, injunctive relief,
additional penalties, and/or attorney fees, or to a collection agency;
• Increased penalties in any future enforcement actions;
• Automatic referral to the Attorney General's Office of any future enforcement actions;
and
• TCEQ seeking other relief as authorized by law.
In addition, any falsification of any compliance documents may result in criminal prosecution.
Signature
Date
Name (Printed or typed) Title
Authorized Representative of the City of Cleburne
Instructions: Send the original, signed Agreed Order with penalty payment to the �7nancial Administration
Division, Revenues Section at the address in Section N, Paragraph i of this Agreed Order.
� City of Cleburne and Thelin Recycling Company, L.P.
DOCKET NO. 2oia-o325-MLM-E
Page 6
SIGNATURE PAGE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
For the Commission
For the Executive Director
Date
I, the undersigned, have read and understand the attached Agreed Order. I am authorized to
agree to the attached Agreed Order on behalf of the entity indicated below my signature, and I
do agree to the terms and conditions specified therein. I further acknowledge that the TCEQ, in
accepting payment for the penalty amount, is materially relying on such representation.
I also understand that failure to comply with the Ordering Provisions, if any, in this order
and/or failure to timely pay the penalty amount, may result in:
• A riegative impact on compliance history; �
• Greater scrutiny of any permit applications submitted;
• Referral of this case to the Attorney General's Office for contempt, injunctive relief,
additional penalties, and/or attorney fees, or to a collection agency;
• Increased penalties in any future enforcement actions;
• . Automatic referral to the Attorney General's Office of any future enforcement actions;
and
• TCEQ seeking other relief as authorized by law.
In addition, any falsification of any compliance documents znay result in criminal prosecution.
�f �-z - /�
Signature Date
Name (Printed
Authorized Re�
Thelin Recvc]I�z
��'�.� l ���
Title
Instructions: Send the original, signed Agreed• Order with penalty payment to the F�nancial Administration
Division, Revenues Section at the address in Section N, Paragraph i of this Agreed Order.
Penalty Calculation Worksheet (PCW)
Revision 2
October 30, 2008
Assigned;l 23-Jan-2012 I . _ . ` , ' `� � • °
,., .- - _. .__ . . .._. . ... __ _ ,_�. . __: ,.., . . „_._. :. .. _... _ . .
Enf./Case ID No. 43508 � No. of Violations 1 =
Docket No. 2012-0325-MLM-E ` Order Type 1660' -
Media Program(s) Air Government/Non-Profit Yes . ;
Multi-Media Municf al Solid Waste Enf. Coordinator ]ames f�olan '
EC's Team Enforcement Team 4
Admin. Penaltv $ Limit Minimum�Maximum �i�.00�
Penalty Calculation Section
TOTAL BAS�'R�NALTY (St�;m,4�f V�ol�t�onr�b���.p,�nalt�c�5;� .. -:' . ... . < s�,bt�al'�`- $i,000
AQ7USTMENTS (+/T) ,7;0; SUB7`QtI�L„i:; - � :
. , x, , ,.
� ,;, _. , ;;.. . . . ,. .
•�
Subtotals 2 7 are obtained by multiplying Ehe Total Base Penalty (Subtotal 1) by the indicated percentage
Complian�� H,itto _ � . • ... OAMo • .FnFiancement: . ;-: S, A%tofals z;;.�3, �%'T: $0
Notes No adjustment for compliance history. -
' .�uipab�li�y ; No 0:0.°!0� ��nhanc,e?nent�. . .. _ , .SRltii'otdl4; $0
Notes The Respondents do not meet the culpability criteria.
; Good Faith Efifnrt ta Ca,mply.To#ai.l�djustm���� .. . .: :, � . .;: : ::, . .., Subtoi�a/ S, $250
''� 6conomie"'Ben�efit, . ;. . . ;;; 0 0% �;nr,anFement*':. � . . Subia�;al,6!- $0
Total EB Amounts 12 *Capped at the Tota/ E8 $ Amount
Approx. Cost of Compliance 1 500
suM oF susY��r�►�.s:,x x�. � , �_ �.;., `:, . �; . .�. ��a��rs���or�r° ��so
0�1i�R',�ACTO:RS /xS�J�STICE MA�( Rf�U�RE .': 0,0% t ; �"` ' �.�d�pis��ment �0
. .. .. _ .. ._... . .. .. . . ,. ,....
Reduces or enhances the Flnal Subtotal h� the Indicated percentage.
Notes
Final Penaltv Amount �750
STA�T'UTQRY, I;I�+I�T°Ap,],U,$,�'�±�IE'NT „ : ; Fir�al,Assessed ,R,'enalty' $750
DEFEI��1L . _: ,• i '; �: 20A% , Reduction „'.; ,/4d�ustt»`ent`�— -�150
Reduces the Final Assessed Penal b the indicted ercenta e. Enter number onl • e. . 20 for20% reducNon. �
Notes Deferral offered for expedited settlement.
PA�YA�BLE �PENALTY,��� . _ ,_ � $soo
, CI'ee177.ng a e: 30-Jan-2012 ;. DQCk�Bt Nq,. 2012-0325-MLM-E
����
�ReSpOt1"dent City of Cleburne and Thelin Recycling Company, L.P. PolicyRevlslon 2(September2002)
CraSe :�� �O.! 43508 PCW Revlslon October 30, 2008
R�g.; Ent, Referenc� No: RN102521606
Media S#�tl�#e -.AIr
�' E1tf. Coo1'd1f1�#pr� ]ames Nolan
,,
Violation Number i
Rule Cite(s) 30'Tex. AdminrCode §§ 101.4, 101.5, 332,4(2),'332:8(a)(6),332:8(b)(3), and
332.8(b)(4) and Tex. Health & Safety Code § 382.085(a) a�d (b) `
Failed to operate control devices as necesssry to achleve rnaximum control of tlust
emisslons that resulted In a: dust nulsance and a�raffic hazard. Specifically, citlzen'
Violation Descrtption collected.evldence documented that on August 29, 2.011, the Respot�dents failed to
operate controt devices on the grinder and the conveyors, resulting l,n reduced
visibili.ty on Plpeline Rqad and a nufsance condltlon that Impacted s.urrounding. ,;
prapertles. _ . _ ._
Harm
Release Ma or Moderate Minor
Actual ` x
Potential
Base Penalty
Percent 10%
Percent 0%
Matrix I Human health or the environment has been exposed to Insignlflcant amounts of pollutants.
Notes -
.- . �
����,4� '�V"� -
��,��«;�� �,:
� �`� t���� ��� _ ,
�� �� �l�-i
� a�s- '. �
`��-.- �:�-' ., ' ' -
�
�"; - � ��;� �
� u �K-9 �' -
Di Number of vlolation days
One single event is recommended.
Violation Base Penalty
Before NOV NOV to EDPRP/Settlement Offer
Extraordinary
Ordinary x
N/A (mark with x)
Notes The Respondents completed corrective actions by
actober 26, 2011, prior to the November 29, 2011 NOE.
Estlmated EB Amount $12
violation Final Assessed
Violation Subtotal
Violation Final Penalty Total
•
. Compliance History Report
Customer/Respondent/Owner-Operator: CN600241392 City of Clebume Classification: AVERAGE Rating: 2.10
Regulated Entity: RN102521606 RESOURCE RECOVERY CENTER Classification: AVERAGE Site Rating: 3.01
BY DEFAULT
ID Number(s): AIR NEW SOURCE PERMITS REGISTRATION 24594
AIR NEW SOURCE PERMITS ACCOUNT NUMBER JH0091 B
AIR NEW SOURCE PERMITS AF5 NUM 4825100015
MUNICIPAL SOLID WASTE DISPOSAL PERMIT 40168
MUNICIPAL SOLID WASTE PROCESSING REGISTRATION 40168
AIR EMISSIONS INVENTORY ACCOUNT NUMBER JH0091 B
Location: • 2625 PIPELINE RD, CLEBURNE, TX, 76031 �
TCEQ Region: REGION 04 - DFW METROPLEX
Date Compliance History Prepared: January 30, 2012
Agency Decision Requiring Compliance History: Enforcement
Compliance Period: January 30, 2007 to January 30, 2012
TCEQ Staff Member to Contact for Additional Information Regarding this Compliance History
Name: James Nolan Phone: (512) 239-6634
Site Compliance History Components
1. Has the site been in existence and/or operation for the full five year compliance period? YES
2. Has there been a(known) change in ownership/operator of the site during the compliance period?
3. If YES, who is the current owneNoperator?
4. If YES, who was/were the prior owner(s)loperator(s)?
5. If YES, when did the change(s) in owner or operator occurt
6. Rating Date: 9/1/2011 Repeat Violator NO
N/A
N!A
N!A
NO
Components (Multimedia) for the Site :
A. Final Enforcement Orders, court Judgments, and consent decrees of the State of Texas and the federal govemment.
N/A
B.
C.
D.
E.
F.
G,
H.
I.
J.
Any criminal convictions of the state of Texas and the federal government.
N!A
Chronic excessive emissions events.
N!A
The approval dates of investigations. (CCEDS Inv. Track. No.)
N/A
Written notices of violations (NOV). (CCEDS Inv. Track, No.)
N/A
Environmental audits.
N/A
Type of environmental management systems (EMSs).
N/A
Voluntary on-site compliance assessment dates.
N/A
Participation in a voluntary pollution reduction program.
N/A
Early compliance.
5225 THELIN ST
FORT WORTH, TARRANT COUNTY, TX 76115
AdditionallD(s�: TXR05V802
TA3987H
100108
Investigation Date: 09l15/2011
Track No: 449461 Compliance Due Date: 12/10/2011
30 TAC Chapter 111.201
5C THSC Chapter 382.085(b)
Alleged Violation:
I nvestigation: 957966
Comment Date: 10/24/2011
Failure to meet an exception to the general prohibitian on outdoor burning.
30 Texas Administrative Code 111.201 states, "No person may cause, suffer, allow, or permit
any outdoor burning within the State of Texas, except as provided by this subchapter or by
orders or permits of the commission. Outdoor disposal or deposition of any material capable
of igniting spontaneously, with the exception of the storage of solid fossil fuels, shall not be
allowed without written permission of the executive director..."
Texas Health and Safety Code 382.085(b) states, "A person may not cause, suffer, allow, or
permit the emission of any air contaminant or the performance of any activity in violation of this
chapter or of any commission rule or order."
Recommended Corrective Action: On 5eptember 15, 2011, finro compost piles caught on fire at
Thelin Recycling.
Track No: 449463 Compliance Due Date: 12/10/2011
30 TAC Chapter 335.1(138)
Alleged Violation:
I nvestigation: 957966
Comment Date: 10/24/2011
Failure to demonstrate that the partially combus#ed mulch material is not a solid waste.
30 TAC 335.1(138)(H}(vii) states, "the recycling material must not present an increased risk to
human health, the environment, or waters in the state when applied to the land or used in
products which are applied to the land and the material, as generated..."
30 TAC 335.1(138)(I) states, "Respondents in actions to enforce the industrial solid waste
regulations who raise a claim that a certain material is not a solid waste, or is conditionally
exempt from regulation, must demonstrate that there is a known market or disposition for #he
material, and that they meet the terms of the exclusion or exemption. In doing so, they must
provide appropriate documentation... to demonstrate that the material is not a waste, or is
exempt from regulation. In addition, owrners or operators of facilities claiming that they actually
are recycling materials must show that they have the necessary equipment to do so a�d that
the recycling activity is legitimate and beneficial."
During investigations on September 15 and 16, 2011, it was observed that a portion of Thelin
Summary of Investigation Findings Page 1 of 2
THELIN RECYCLING Investigation # 957966
Recycling's mulch caught on fire and partially combusted, changing the chemical composition.
Recommended Corrective Action: It is requested that Thelin Recycling submit documentation
demonstrating that the partially combusted mulch material from the September 15, 2011, fire is not a
waste.
Summary of Investigation Flndings Page 2 of 2
5225 THELIN ST
FORT WORTH, TARRANT COUIVTY, TX 76115
additional ID(s):
Track No: 44g461
30 TAC Chapter 177.201
5C THSC Chapter 382.085(b)
Alleged Violation:
I r�vesfigation: 957966
Investigation Date: 11/28l2011
Comment Date: 10/24/2011
Failure to meet an exception to the general prohibition on outdoor burning.
30 Texas Administrative Code 111.201 states, "No person may cause, suffer, allow, or permit
any outdoor buming within the State of Texas, except as provided by this subchapter or by
orders or permits of the commission. Outdoor disposal or deposition of any material capable
of igniting spontaneously, with the exception of the storage of solid fossil fuels, shall not be
allowed without written permission of the executive director..."
Texas Health and Safety Code 382.085(b) states, "A person may not cause, suffer, allow, or
permit the emission of any air contaminant or the performance of any activity in vi�lation of this
chapter or of any commission rule or order."
Investigation: 969737 Comment Date: 11/28/2011
On November 28, 2011, a record review investigation was conducted to determine if the
documentation submitted by Thelin Recycling resolved the outstanding alleged violations
documented in the November 10, 2011, Notice of Violation letter.
Recommended Corrective Action: On September 15, 2011, finro compost piles caught on fire at
Thelin Recycling.
Resolution: A res�onse letter was received from Thelin Recyclinq by the TCEQ DFW region office on
tVovember 16, 2011; stating that Texas has been experiencing drought conditions and that Thelin was
only one of many fires throughout the state this year. Also stated in the letter was that Thelin
Recycling had followed their Fire Protection Plan to respond to the fire. Based on the information
provided, this violation is considered resolved. No further action is warranted at this time.
Track No: 449463
30 TAC Chapter 335.1(138)
Alleged Violation:
I nvestigation: 957966
Comment Date: 10/24/2011
Failure to demonstrate that the partially combusted mulch material is not a solid waste.
30 TAC 335.1(138)(H)(vii) states, "the recycling material must not present an increased risk to
human health, the environment, or waters in the state when applied to the land ar used in
products which are applied to the land and the material, as generated..."
30 TAC 335.1(138)(I) states, "Respondents in actions to enforce the industrial solid waste
Summary of Investigation F(ndings
Page 1 of 2
THELIN RECYCLING
# 969737
regulations who raise a claim that a certain material is not a solid waste, or is condifionally
exempt from regulation, must demonstrate that there is a known market or disposition for the
material, and that they meet the terms of the exclusion or exemption. In doing so, they must
provide appropriate documentation... to demonstrate that the material is not a waste, or is
exempt from regulation. In addition, owners or operators of facilities claiming that they actually
are recycling materials must show that they have the necessary equipment to do so and that
the recycling activity is legitimate and beneficial."
During investigations on September 15 and 16, 2011, it was observed that a portion of Thelin
Recycling's mulch caught on fire and partially combusted, changing the chemical composition.
Investigation: 969737 Comment Date: 11/28/2011
On November 28, 2011, a record review investigation was conducted to determine if the
documentation submitted by Thelin Recycling resolved the outstanding alleged violations
documented in the November 10, 2011, Notice of Violation letter.
Recommended Corrective Action: It is requested that Thelin Recycling submit documentation
demonstrating that the partially combusted mulch material from the September 15, 2011, fire is not a
waste. _ . _ _ _
Resolution: A response letter was received from Thelin Recycling by the TCEQ DFW region office on
November 16, 2011, which included sampling results from the impacted mulch material, a list of
customers for proof of a market for the material, and a list of Thelin's equipment to demonstrate they
had the means to manage the material. The mulch was tested and analyzed for heavy metals and
fecal coliform based on the Texas Department of Transportation Item 161 Compost Requirements for
compost used in public right-of ways. Thelin Recycling also ran a"nutrient package" on the mulch.
Based on review of the sample results, there did not appear to be any constituents of concern. In a
follow-up email on November 22, 2011, it was determined that material had been taken from several
locations in the stockpile and then placed in a one gallon bag for the laboratory. Based �n the
information provided, this violation is considered resolved. No further action is warranted at this time.
Summary of Investigation Findings Page 2 of 2
Bryan W. Shaw, Ph.D., Chairman ;�>>-�=' � ��t� •
Buddy Garcia, Commissioner / ,� ' + � � �'�
i�zl `�,v � I�i
Carlos Rubinstein, Commissioner �� �
�,,� �. � —
Mark R. Vickery, P.G., Executiue Director �� -
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecttng Texas by Reducing and Preuenring PoIlution
November io, 2oii
Certified Receipt Via E-Signature
Confirmation #9i S4o8 2i33 3932 0304 4431 -" =- --'
` w �, -=A �`�::` .
-=.r!�, �_...�. .
Mr. Michael Hill, President �ya� � � �ati1 '
Thelin Recycling Company, L.P. � ':
5225 'Thelin Street ��� _ �
Fort Worth, Texas �6i15 — - `-
Re: Notice of Violation for the Complaint Investigation at:
Thelin Recycling Company, L.P., 5225 Thelin Sireet Fort Worth, Texas (Tarrant County)
Regulated Entity No.: RN1oo�62954� TCEQ ID No.: ioolo8, Incident No.: i5976o,
Investigation No.: 957966
Dear Mr. Hill:
On September i5-i6, 2011, Ms. Kendra Riffe and Ms. Michelle Havelka of the Texas Commission
on Environmental Quality (TCEQ) Dallas/Fort Worth Region Office conducted an investigation
of the above-referenced regulated entity to evaluate compliance with applicable requirements
for municipal solid waste. Enclosed is a summary which lists the investigation findings. During
the investigation, certain outstanding alleged violations were identified for which compliance
documentation is required. Please submit to this office by December io, 2oii, a written
description of corrective action taken and the required documentation demonstrating that
compliance has been achieved for the outstanding alleged violation.
In the listing of the alleged violations, we have cited applicable requirements, including TCEQ
rules. Please note that both the rules themselves and the agency brochure entitled Obtaining
TCEQ Rules (GI o32) are located on our agency website at httn: //www.tceq.state.ix.us for your
reference. If you would like a hard copy of this brochure mailed to you, you may call and request
one from either the Dallas/Fort Worth Region Office at 81�-�88-5800 or the Central Office
Publications Ordering Team at 512-239-ooz8. Copies of applicable federal regulations may be
obtained by calling Environmental Protection Agency's Publications at 800-490-919$•
The TCEQ appreciates your assistance in this matter. Please note that the Legislature has
granted TCEQ enforcement powers which we may exercise to ensure compliance with
environmental regulatory requirements. We anticipate that you will resolve the alleged violation
as required in order to protect the State's environment. If you have additional information that
we are unaware of, you have the opportunity to contest the violation documented in this notice.
Should you choose to do so, you must notify the DFW Region Office within io days from the
date of this letter. At that time, Mr. Sam Barrett, Solid Waste Section Manager, will schedule a
violation review meeting to be conducted within 2i days from the date of this letter. However,
TCEQ Region 4-Dallas/Fort Worth • z3o9 Gravel Dr. • Fort Worth, Texas �61i8-6951 • 8i�-588-5800 • Fax 8i�-588-5700
Austin Headquarters: 5i2-239-i000 • wrvw.tceq.state.tx.us • How is our customer service? www.tceq.state,tx.us/goto/customersurvey
prinled ��n rec}�rled paPer usiu� soy-hase;l ink
Mr. Michael Hill
November io, 201�
Page 2
please be advised that if you decide to participate in the violation review process, the TCEQ may
still require you to adhere to the compliance schedule included in the attached Summary of
Investigation Findings until an official decision is made regarding the status of any or all of the
contested violations.
If you or members of your staff have any questions, please feel free to contact Ms. Riffe in the
Dallas/Fort Worth Region Office at 8i�-588-5800.
Sincerely,
�� C����
Ms. Erin Gorman,
Solid Waste Work Leader
Dallas/Fort Worth Region Office
EG/kr
Enclosures: Summary of Investigation Findings
TCEQ EXIT INTERVIEW FORM: Potential Violations and/or Records Request
Regulated EntitylSite Name Thelin Recycling Company, L.P. TCEQ Add. ID No. RN100762954
RN No (optional)
Investigation Type MSW Contact Made In-House (Y/1� N Purpose of Investigation Emergency Response Follow-Up
Regulated Entity Contact Michael Hill, President Telephone No. 817-926-5626 Date Contacted N/A
FAX #/Email address 817-926-5628 FAXIEmail date
' : michael@thelinrecycl
ing.com
NOTICE: The informarion provided in this form is intended to provide clarity to issues that have azisen during the investigation process between the TCEQ and the regulated entity named above and does not represent final TCEQ, findings
related to violations. Any potential or alleged violations discovered after ffie date on this fomi will be communicated to the re�ulated entity representarive prior to the issuance of a notice of violation or enforcement. Conclusions drawn from this
�nvesti ation, including additional violations or ntial violations discovered (ifany) during the course ofthis invesrigation, will be documented in a final investigation-re ort.
Issue For Records Re,quest, identify .the necessary records, the company confact and date due to the'agency. For'Alleged and Potential Violation issues; include the
rule in question with the clearly described potential problem. Other type of issne"s: fully describe. '
No. ; Typel Rnle Citation (if lrnown) Description of Issae
1 AV 30 Tex. Admin. Code Failure to demonstrate that the partially combusted mulch material is not a solid waste.
335.138(I�(vii) and , '
335.1(134)(n
2 AV 30 Tex. Admin. Code Failure to meet an exception to the general prohibition on outdoor burning.
111.201;
Tex. Health Safety Code
382.085(b)
ivote 1: lssue "l�ype Can Se Une or More of: AV (Alleged Violation), YV (Potential Violation), O(Other), or RR (Records Request)
Document Acknowledgment. Signature on this document establishes only that the regulated entity (RE) representative received a copy of this document and associated continuation pages on the date noted. If
contact was made by telephone, the document will be sent via FAX or Email to RE; therefore, the RE signature is not required.
Kendra Riffe
Investigator Name (Signed &Printed) Date Regulated Entity Representative Name (Signed & Printed) Date
If you have questions about any information on this form, please contact your locat TCEQ Regional Office.
Individuals are a►tiflad to request and review their personal infamaliai that the agenc%Y gathezs on its fotms. They may also have any emots in their infom�afion co�. To review such infoimation, call 512/239-3282.
Whlte Copy: Regulated Entity Representative Yellow Copy: TCEQ
TCEQ 20085 (4/OS)
(Note: use addiGonal pages as necessary) Page of
Audra Pennington
From: Michael Hill [michael@thelinrecycling.com]
Sent: Tuesday, September 20, 2011 4:20 PM
To: Scott McCoy; Hector Chairez; Audra Pennington
Subject: Fwd: TCEQ Investigation 09/16/2011
Attachments: exit-interview-form_09.20.11.doc; ATT00001.htm
Sent from my iPhone
Michael Hill
Thelin Recycling Company, LP
5225 Thelin Street
Fort Worth, TX 76115
(214) 532-6585
Begin forwarded message:
From: Kendra Riffe <Kendra.Riffe(a�tceq.texas.�ov>
Date: September 20, 2011 5:07:32 PM EDT
To: Michael Hill <michael(�a,thelinrec T� .g com>
Cc: Erin Gorman <Erin.Gormanna,tceq.texas.�>, Michelle Havelka
<Michelle.Havelkanea,tceq.texas. o�v>
Subject: TCEQ Investigation 09/16/2011
Mr. Hill,
This is a follow-up to the discussion you had with Michelle Havelka, TCEQ DFW Emergency
Response Coordinator, on September 16, 2011, regarding the mulched material that was
impacted by the fire. Due to the fact that the material was incompletely combusted and impacted
by fire suppressant, it is no longer the product you generate and is considered a solid waste that
must be properly disposed.
Burnt wood materials can contain products of incomplete combustion including PAHs,
aldehydes, nitrates/sulfates, organic acids (i.e. formic acid), volatile organic compounds (VOC),
and Semi-VOC. You will also need to obtain Material Safety Data, Sheet (MSDS) for the fire
suppressant used on your site.
If you believe there remains a market for this material and it is not a solid waste, it is up to you to
provided documentation to support your claim. Examples of documentation include (but not
limited to) representative sampling of the material at your site and scientific data from an
unaffiliated source demonstrating the impacts of a fire on mulched material.
At this point, we will not be addressing the fire water runoff that left the site.
I have attached an exit interview form with the alleged violations we are citing. Please review
the above information and the attached documents and let us know if you have any questions.
will also fax you a copy of the exit interview form.
Thank you,
Kendra Riffe
Texas Commission on Environmental Quality
817-588-5811
�
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�
Protecting TpnG
bY RetlUd^9 end
Preventing Po1lutlPn
TCE9 waste Fax:817-588-5703 Sep 20 2011 Dd:13pm PD011003
� � � � � � � � � � � � � �
QAT�: Q9t7A/2011 I�EUMB�R OF PAGES {incfuding i�►is coversheetj: �
T4: Name Mich�E Ma[tin
Organization Theli�s Recycling _
FAX Number 817-925-5628
FROM: TEX�S GOMMISSION ON EMIIRONM�NTAL QUALITY
N�me Kendra Riffe
DivisioNRegian Waste _ _
Tel�phone Number 8i7�588-�871
FAX Number 817-588�5708
The following is an exit interview fc>rm and addition�l information.
Please tet me know if you ha�e any questians.
Thanks,
Kendra Riffe
relt�ted to viafrrtiwPS. Any
1 � AV
2 I �v
�'he�in Recycling Compa�y, L.P.
M� �
MichaelHifl, President
;d in this S�.n ia mtec�ded to p�ovide clarity to issuea thxt have arisen
or alleged sriolations discovered alker ihe dt�te an lhis fonn will be coi
rinlatinnv nr outential violelians discoYeTal fif anY] during the coussc
3t}Tex, Adtnin. Co4e
335.138{I�(vii} and
335.1(134�I)
30 Te�c. Admin. Code
I1 ] .2fl1�
Tex, I3ealth Safety Code
382.Q85�b)
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vwtigntion pmoeea beJ[v�reen 4te TC6Q end the �cgulated antity named abo�e and do¢8 r�u[ repr+esenr,�ntiat ��{�rriQmg.*
to the teglulatedenKsty 7eQreyen�ative priorto the issuance af a natice ofvialation or txifo�oement. Ca�clusioas drasvn fnsm this
.tim.xi.m. w'sll he dncomenLed in a 61ffi1 im�estiP.atiottiBpotC
Failure ta deinonstrate that the partially combust�d mu�ch material is not a,solid w�,s#e.
Fa.iiure to meet an exception ta #he general prohibition an outdoor b�.uming,
Notv 1: Isaue TYpc Can BG One or hiore of: AY (Alleged Yialation), PV (Pafiential viohrtion), v(�mer�, or iuc Eicecnr+� asequea«�
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Documcnt Aeknaevledgment 3ignabura on this document estahlishes only that ttie regulnted cntity (R8} representative reaeived a capy nf thss documen! and assvcieGed canfinuAtion pages oai the date nflted. If �
contaat wr� mado by telcphone, the dncument will be se�tt via F1+X or il to AL+; tha�fore, the RE signatur� is not required, a
Kerrdra Riffe �� a4�11 j
Inwest3gatar �fame {Sigue�i &Printed} Date Regulated Enklty Represeutative N�rne {Signed & Printedj Date A
�L
Gi
�
9
lf yoA have questions abaat eng in£ormetiun an thiu iorm, plesae conlact yanr lucgl T�LQ Regian�l U�i'ice. -
lndividuals Are eNidod wreguu�t emdr�view their peisamal infomiatiom t��t t}�e e�eney �thas an ils fmsns.'!]�ey muy als� have any errcns in ikueir unformelion cornectcQ, Ta revi�vr suGh infa�atmn, caU Si7f139�328�, o
N
\
WALts Capy: Regulak9d Entltyr Represerriatlue Yellvw Capy: TC�Q o
TCE4 20QB�v (4l9d3 (fv4te: asa addJtJonu�t �ges as �tecessar� Page of �,,
TCE9 Waste Fax:817-586-5703 Sep 20 2011 04:15pm P�03/003
/z 'E en t'd Ri e- T�C ^Q'��nve •.. .a#ion 4��461201'i r°�
�a�: Kesidra Ri�ie
To: mid-�ael�ihelinre�yding-com
�; �r1n Gomten; Midielte Havslka
bate: 9/2R/�01i 4:07 PM
$�qjyc� TCEQ Inv�ga�Or! 09/I6JZOI2
Attadtenents: e7dtinb2rvfew-Parsss 09.20.X1_da�
�9p, NiH,
This ES 3 fdlaw-up t4 �e dis�UUSSion You h2d witf� Mid'�elle Have{ka, TC�Q DFW Emer9erxY Ke�o�►se CaordiclaCa', on Sepi�Tib2�'
16, 20L�., regar�l�g the muldled material th�t was impad.�d by it�e {ire. due to tite fact that � mat�e►ial w2�S i�mptetelY
combusted � impa�ted hy fire 5u�res�tlt, it is no lon9es' t�e P��� Yau generdte d�d is �oY�sidered a solid w2�Ste that musC b�
proPerlY dispa�d.
Bur�[ wood materia�S �n wr��►� Products of inmmplete cambustion i�Uding PAH5, aldehydes, nitr'dL2slsukfatas, organic adds (i.e.
Parmit adG}, volatile organic compo�mds (YOC). and Semi-VQ� You w�rti alsp need to obtain Mate�ial Safety L�ata 5heet (MSDS7 for
the fire sup�k'essar�t usecl on your Sitie- .
Ip you beflBVe there remains a r'narket for tllis mat�ial and it iS nat a sofid Wa�te, it is up Uo you ba prwlded do�umerttaS3on ta
support your daim. 6cat►�T,�es of doCUr�err�tion Indude (but �1ot limited toj repre�eniative sarnpling af ttte mateTial at ybuC Sipe artd
Scl2�fi� deta from an unaffiliated sdtlC4e demonstrdtln9 the impaCCS of a firE ari mulCh� mat2ti�l.
At ttsi� point, we will nqt be addressing the fire water' ninofFthat left the sate.
Z have att2Ched an e�t Inberview form w�ih {fte �I�e9ad viol�d4�s we are ddng. Please r6vlEw tt�e ahove Information atld the
gttached dpCUmen� dRd let us hnaw if you haYe any 4uestions. I wiil also 1aX You a �opy oF the exit irit2l�+iew form.
Thank you,
ICe�dra RifFe
TeXas Commi55ion on �rtvlrOnmeftfial Quality
81y-5$B-5811
�'�,�THELINz"a
Recycling Company, L.P.
November 1 l, 2011
Thelin Recycling Company, LP
Mr. Michael Hill, President
5225 Thelin Street
Fort Worth, Texas 76115
To: Ms. Kendra Riffe, Texas Commission on Environmental Quality
Subject: TCEQ EXIT INTERVIEW FORM: Potential Violations and/or Records Request
Dear Ms. Riffe,
This letter is in response to the above-mentioned subject. Thelin Recycling Company, LP. hopes the
information provided will satisfy the Texas Commission on Environmental Quality (TCEQ) and answer
all yuestions outlined on the TCEQ Exit Interview Form.
1. Failure to meet an exception to the general prohibition on outdoor burning.
30 Tex. Admin. Code 111.201;
Tex. Health Safety Code 382.085(b)
I am not sure there is anyone in the Sta.te of Texas including the Governor, State Representative or State
Fire Marshal that can answer this specific "Potenfial Violation". During the summer of 2011 Texas
experienced the worst drought and fre loss in its history. Over 4 million acres were burned; Wildfire
damages to homeowners could exceed $250 million and the economic damages of at least $5.2 billion
from the drought.
Thelin Recycling Company, LP was only one of hundreds, if not thousands, of victims of these tragedies.
A"Fire Protection Plan" as required by the TCEQ was completed and followed during the incident.
There was no loss of life and very little loss of properry and inventory. Thelin Recycling Company, LP
has followed all requests from the TCEQ, before, during and after the incident. Because of the devastating
"Natural Disasters" which have plagued our state this year we hope that TCEQ recognizes this and will
realize that Thelin Recycling Company, LP was one of the thonsands of victims.
2. Failure to demonstrate that the partially combusted mulch material is not a solid waste.
30 Tex. Admin. Code 335.1(138)(Hxvii) and 335.1(138)(I)
Please find the follow attachments as required under the above codes to show that this material is not a
"Solid Waste"
1. 30 TAC 335.1(138)(Hxvii) the recycling material must not present an increased risk to
human health, the environment, or waters in the state when applied to the land or used in
products which are applied to the land and the material, as generated
5225 Thelin Street • Fort Worth, Texas 76115
Phone 8??-926-5525 • Fax 4:7-926-5628
�aTHELIN�,'�a
Recycling Company, L.P.
A). Attached you will fnd "Attachment (A)". This is a report from a"Seal of Testing
Assurance" (STA) laboratory that is approved by the TCEQ. Please note that the material
passed all the testing requirements including "USEPA Class A-Heavy Metals List and Fecal
Coliform" Under the Texas Department of Transportation Item 161 this material could be
sold to the State and utilized on Public "Right-of-Ways" We believe this will satisfy the
requirements of this rule.
2. 30 TAC 335.1(138)(I): Respondents in actions to enforce the industrial solid waste
regulations who raise a claim that a certain materiai is not a solid waste, or is conditionally
exempt from regulation, must demonstrate that there is a known market or disposition for the
material, and that they meet the terms of the exclusion or exemption. In doing so, they must
provide appropriate documentation (such as contracts showing that a second person uses the
material as an ingredient in a production process) to demonstrate that the material is not a
waste, or is exempt from regulation. In addition, owners or operators of facilities claiming
that they actually are recycling materials must show that they have the necessary equipment
to do so and that the recycling activity is legitimate and beneficial.
(A) "Attachment (B)" This shows the "Sales" from Thelin Recycling Company, LP for
the month of September 2011.
(B) "Attachment (C)" This shows an inventory of the equipment that Thelin Recycling
Company, LP owns.
We believe that these two documents satisfy the requirements of this rule.
In conclusion, Thelin Recycling Company, LP believes we have met our obligations as outlined in the
TCEQ EXIT INTERVIEW FORM: Potential Violations and/or Records Request.
If you have any additional questions please contact us.
Sincerely, �
Michael Hill, Pr id t
Thelin Recyclin ompany, LP
5225 Thelin Street • Fort Workh, Texas 76115
Phone 8�?-926-5626 • F3x 8I7-926-5628
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Bryan W. Shaw, Ph.D., Chairman i��r.F-OF��
Buddy Garcia, Commissfoner �� ' ��} ��'-,n�
Carlos Rubinstein, Commissioner ��� � �'�v� � �)
Mark R. Vickery, P.G., Executiae Director �. �" ';�
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
January 13, 2011
Mr. Michael Hill, President
Thelin Recycling Company, L.P.
�225 Thelin Street
Fort Worth, Texas �6��5
Re: Notice of Compliance with Notice of Violation (NO� dated llecember io, 2oio:
Thelin Recycling Company, L.P., 5225 Thelin Str�eet Fort Worth (Tarrant County), Texas
Regulated Entity No.: RN1oo�62954, TCEQ ID No.: iooio8, Investigation No.: 886i8z
Dear Mr. Hill:
This letter is to inform you that Texas Commission on Environmental Quality (TCEQ)
TCEQ Dallas/Fort Worth Region Office has received adequate compliance
documentation on December 28, 2010, to resolve the alleged violation(s) documented
during the investigation of the above-referenced regulated entity conducted on
November 4, 2oio. Based on the information submitted, no further action is required
concerning this investigation.
The Texas Commission on Environmenta] Quality appreciates your assistance in this
matter and your compliance efforts to ensure protection of the State's environment. If
you or members of your staff have any questions, please feel free to contact Ms. Kendra
Riffe at the Dallas/Fort Worth Region Office at 81�-588-5$00.
Si�ncerely, ,
C� ��� �
,����� V�.�
Ms. Erin Gorman
Solid Waste Team Leader
Dallas/Fort Worth Region Office
EG/kr
! .~,;�CEIVED
JAN 16 2011
�?"'�+ Z .
REPGYTO: REGION 4-DALLAS/FORT WORTH • 2309 Gx�vE[. DR. � FORT WORTH, TExns 76118-6951 • 817-588-5800 • FAx 817-588-5700
P.O. Box 13087 • Austin, Texas 78711-3087 � 512-239-1000 • Internet address: www.tceq.state.tx.us
pt'inled on recycled paper using suy.baseJ inlc
Bryan W. Shaw, Ph.D., Chairman /�Q+� UF\
Buddy Garcia, Commissioner � �c�
-u �
Carlos Rubinstein, Commissioner �\ ' ="� �)
Mark R. Vickery, P.G, ExecutiveDirector �j
�� �
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protectfng Texas by Reducing and Preaenting Pollution
December 10, aoio
Signature Confirmation #9iS4o82i333932O3o44oii
Mr. Michael Hill, President
Thelin Recycling Company, L.P.
5225 'I'helin Street
Fort Worth, Texas �61i5
Re: Notice of Violation for the Compliance Evaluation Investigation at:
Thelin Recycling Company, L.P., 5225 Thelin Street Fort Worth, Texas (Tarrant County)
Regulated Entity No.: RNioo�62954, TCEQ TD No.: �ooio8, Investigation No.: �g6r53
Dear Mr. Hill:
On November 4, 2010, Ms. Kendra Riffe of the Texas Commission on Environmental Quality
(TCEQ) Dallas/Fort Worth Region Office conducted an investigation of the above-referenced
regulated entity to evaluate compliance with applicable requiremen�s for municipal solid waste.
Enclosed is a summary which lists the investigation findings. During the investigation, certain
outstanding alleged violations were identified for ivhich compliance documentation is required.
Please submit to this office by January 9, 2oii, a written description of corrective action taken
and the required documentation demonstrating that compliance has been achieved for the
outstanding alleged violation.
In the listing of the alleged violations, we have cited applicable requirements, including TCEQ
rules. Please note that both the rules themselves and the agency brochure entitled Obtaining
TCEQ Rules (GI o32) are located on our agency website at htt� j f www tcec� state � us for your
reference. If you would like a hard copy of this brochure mailed to you, you may call and request
one from either the Dallas/Fort Worth Region Office at 8��-588-5800 or the Central Office
Publications Ordering Team at 512-a39-ooa8.
The TCEQ appreciates your assistance in this matter. Please note that the Legislature has
granted TCEQ enforcement powers which we may exercise to ensure compliance with
environmental regulatory requirements. We anticipate that you will resolve the alleged
violations as required in order to protect the State's environment. If you have additional
information that we are unaware of, you have the opportunity to contest �the violation
documented in this notice. Should you choose to do so, you must notify the Dallas/Fort Worth
Region Office within 10 days from the date of this letter. At that time, Ms. Erin Gorman, Waste
Section Team Leader, will schedule a violation review meeting to be conducted by January �,
2oio. However, please be advised that if you decide to participate in the violation review
process, the TCEQ may still require you to adhere to the compliance schedule included in the
REPLYTO: REGION 4-DALLAS/FORT WORTH • 2309 GRAVEt, Dx. � FORT WORTH, TExns 76118-6951 � 817-588-5800 • Ffuc 817-588-5700
P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000
printed on recycled paper using soy-based ink
Internet address: www.tceq.state.tx.us
Mr. Michael Hill
December 8, 2010
Page 2
attached Summary of Investigation Findings until an official decision is made regarding the
status of any or all of the contested violations.
If you or mernbers of your staff have any questions, please feel free to contact Ms. Riffe in the
Dallas/Fort Worth Region Office at 8i�-588-5800.
Sincerely,
�-ti � � �� �
-� � �.
�
Ms. Erin Gorman,
Solid Waste Work Leader
Dallas/Fort Worth Region Office
EG/kr
Enclosures: Summary of Investigation Findings
5225 THELIM ST
FORT WORTH, TARRANT COUNTY, TX 76115
AddltionallD(s): TXR05V802
70570
74364
TA3987H
100108
100108
tnvestigation Date:11l0412010
Track No: 415803 Compliance Due Date: 01/09/2011
30 TAC Chapter 328.5(b)(1)
Aileged Violation:
Investigation: 736153
Comment Date: 12/6/2010
Failure to update the facility's NOI for the materials accepted for recycling.
30 Texas Administrative Code 328.5(b)(1) states, "Within 90 days of the effective date of this
section or prior to the commencement of new operations, the owner or operator of a facility that
senres as a collection and processing point for only non-putrescible source-separated
recyclable materials, or for mulching or composting of only source-separated recyclable
material shall report on a form or forms to be provided by the executive director, describing:
(1)the type(s) of material(s) accepted for recycling."
During the investigation on November 4, 2010, Ms. Riffe observed that Thelin Recycling, L. P.
was accepting and recycling asphalt shingles. Approximately 550 cubic yards of shingles
were on-site during the investigation. .
Recammended Corrective Action: Update the facility's Notice of Intent to operate a recycling
facility to include the recycling of shingles. Submit an updated NOI to the TCEQ Permits and
Registration section and a copy to the DFW regional office.
Track No: 418661 Compliance Due Date: �1/09/2011
30 TAC Chapter 328.5(h)
Alleged Violation:
Investigation: 736153 Comment Date: 12/9/2010
Failure to have a fire prevention and suppression plan made available to the local fire prevention
authoriry.
30 TAC 328.5(h) states, "The owner or operator of a facility subject ta the requirements of this
section that manages combustible materials shall have a fire prevention and suppression plan
that shall be made available to the local fire prevention authority having jurisdiction over the
facility for review and coordination."
During the investigation on November 4, 2010, Thelin explained their fire management plan, but
did not have a written copy of the plan. Following the investigation, it was determined that the
facility had not provided the written plan to the local fire marshal.
Recommended Corrective Action: It is requested that Thelin Recycling create a written fire
Summary of Investigation Findings Page 1 of 2
THELIN [tECYCLING Investigation # 736153
management and suppression plan and provide a copy to the local fire marshal. Please submit
documentation to the DFW regional office demonstrating compliance.
Track No: 419005 Compliance Due Date: 01/09/2040
30 TAC Chapter 328.5(�
Alleged Violation:
I n�estigation: 736153
Comment Date: 12/9/2010
Failure to maintain records necessary to demonstrate compliance with accumulation
requirements.
30 TAC 328.5(fl(1) states, "The owner or operator of a facility subject to the requirements of
this subchapter shall maintain all records necessary to show: (1) compliance with the
requirements of §328.4 of this title (relating to Limitations on Storage of Recyclable Materials)."
During the investigation on November 4, 2010, Thelin did not have any documentation available
regarding the volume of materials that enter and leave the facility per month. Or� November 30,
2010, Ms. Riffe requested a copy of the documentation. A response was not received.
Recommended Corrective Action: It is requested that Thelin Recycling submit documentation
illustrating the volume of materials that enter and leave the facility per manth to the DFW regional
o�ce.
Summary of fnvestigation Findings Page 2 of 2
Bryan W. Shaw, Ph.D., Chairman �;� � �\)
��; _E_` �, .�
�,;
Buddy Garcia, Commissioner ;� � � ��_, ' �''
� �.. I�'n)
Carlos Rubinstein, Commissioner ��`� `�'�'�' , ���
�\♦`r -�
Mark R. Vickery, P.G, ExecutiUe Director —
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preuenfing Pollution
April 13, 2011
Mr. Michael Hill, President
Thelin Recycling Company, L.P.
5225 Thelin Street
Fort Worth, Texas �6ii5
Re: Thelin Recycling — Tarrant County
Municipal Solid Waste (MSV1� — Revised Notification No.looio8
Recycling Operation — Acknowledgement
Tracking No. i45554oi; RNioo�62954/CN60044944i
Dear Mr. Hill:
We have reviewed your Texas Commission on Environmental Quality (TCEQ) Core Data Form
and revised Notice of Intent to Operate a Recycling Facility dated December 2�, 2oio. This
recycling facility is located at 5225 Thelin Street, Fort Worth, Texas and will take source-
separated yard trimmings, brush; and clean wood� material; and asphalt shingles to be recycled
into rriulch� ax�d compost, and asphalt respectively.. The submittal complies wifh�the notification
and reporting requirements of Title 3o Texas Adminisirative Code (3o TAC) Section (§)328,5
and 3o TAC §33o:ii. Your facility has been assigned the MSW Number iooio8. Please
continue to reference this number in all future correspondence to the TCEQ.
The Irrevocable Standby Letter of Credit No. A2�2�oT issued by BBVA Compass Bank for
$104,00o is an acceptable demonstration of the financial assurance requirements for your
facility. This cost estimate is based on a maximum of 39,00o cubic yards of combustible
material that may be stored outdoors. Should the amount of combustible materials stored
outdoors exceed the volume described in the cost estimate, you must submit an updated cost
estimate to the TCEQ Municipal Solid Waste Permits Section. In addition, you must provide a
new financial assurance mechanism in an amount not l�ss than the updated cost estimate to the
TCEQ F�nancial Assurance Unit.
Please be aware that it is the continuing obligation of persons associated with a site to ensure
that the facility is managed in a manner that does not cause a nuisance or endangerment of the
public health and welfare and remains in compliance with the requirements of go TAC §328•4,
Limitations on Storage of Recyclable Materials, and 3o TAC §325,5, Reporting and
Recordkeeping Requirements. In particular, please note that 3o TAC §328.5(fl requires
maintaining all records relating to facility operations including financial assurance
documentation, and §328.5(h) requires maintaining a fire prevention and suppression plan.
You may contact Ms. Teresa Nemec of the TCEQ Financial Assurance Unit with any questions
pertaining to financial assurance at (512) 239-0325• When addressing written correspondence
to Ms. Nemec, please use the mail code MC i84. If you have any questions about this letter,
P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.ix.us
nrintrJ on re�cch�l pa��er using so}'-bnsed ink
Mr. Michael �iill, President
Page 2
Apri113, 2011
please contact Mr. Wayne Harry at (512) 239-6639. When addressing written correspondence,
please include the mail code MC 124. You may also access our website at www.tcec�.texas.gov.
Sincer , , f
,�� •
�
i '�
4
Richard C. Ca ichael, Ph.D., P.E.
Manager, Municipal Solid Waste Permits Section
Waste Permits Division
Texas Commission on Environmental Quality
RCC/WRH/fp
cc: Mr. Scott McCoy, KSS Consulting, LLC, Austin
Bryan W. Shaw, Ph.D., Chairnzan ,�''I r, ��,�
Buddy Garcia, Commissioner � ' �'�\1
i��� ���a ���
'�; � ��` �Y.
Carlos Rubinstein, Commissioner ',:�'�� "�' 'O-"
Mark R. Vickery, P.G, Executiae Director --
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preveniing Pollution
March 15, 2oi1
Mr. Michael Hill, President
Thelin Recycling Company, L.P.
5225 'Thelin Street
Fort Worth, Texas �6ii5
Re: Thelin Recycling - Tarrant County
Municipal Solid Waste (MSV1�
Recycling Operation — MSW Notification No.lool08
Tracking No.14555401; RN1oo�62954/CN600449441
Dear Mr. Hill:
We have reviewed your revised Texas Commission on Environmental Qualit�' (TCEQ) Core Data
Form and Notice of Intent to Operate a Recycling Facility dated December 2�, 2010. This
recycling facility is located at 5225 Thelin Street, Fort Worth, Texas and will take source-
separated yard trimmings,brush, and clean wood material; and asphalt shingles to be recycled
into mulch and compost, and asphalt respectively.
The revised $io4,000 cost estimate for closure, based on 39,00o cubic yards of combustible
material that may be stored outdoors, is acceptable. Prior to accepting additional materials, you
must now submit and receive approval for the required financial assurance documents. Please
submit these documents to:
TCEQ Financial Assurance Unit MC i84
Attn: Ms. Teresa Nemec
1210o Park g5 Circle Bldg A
Austin TX �8�53
Please submit the financial assurance documents within 3o days from the date of this letter or
we will consider this notification invalid. You may contact Ms. Nemec with any questions
pertaining to financial assurance at (512) 239-o325• �en addressing written correspondence
to Ms. Nemec, please use the mail code MC i8�}. If you have other questions about this letter,
please contact Mr. Wayne Harry at (5i2) 239-6639. Address written correspondence to Mr.
Harry using the mail code MC i24. You may also access our website at www.tceq.texas.gov.
Sin�ely � '
� ,
L f.
/
v
Richard C. C ichael, Ph.D., P.E.
Manager, Municipal Solid Waste Permits Section
Waste Permits Division
RCC/WRH/fp
cc: Mr. Scott McCoy, KSS Consulting, LLC
P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000
prinl�d un rrtycled p�p�r u<in�; so��-ba.:rd ink
Internet address: www.tceq.state.tx.us
�
�
� ,...! '�_.
THELIN
Recycling Company, L.P.
March 25, 2011
TCEQ Financial Assurance Unit MC 184
Attn: Ms. Teresa Nemec
12100 Park 35 Circle Bldg A
Austin, Texas 78753
Re: Thelin Recycling — Tarrant County
Municipal Solid Waste (MSV�
Recycling Operation — MSW Notification No. 100108
Tracking No. 14555401; RN100762954/CN 600449441
Attn: Ms. Nemec,
Enclosed please find the revised Financial Assurance documents as requested.
If you have any questions please feel free to call me at (817) 926-5626.
You can also conta.ct our consultant, Mr. Scott McCoy, KSS Consulting LLC at
(S 12) 698-6946.
Regards,
� �
Thelin Recycling Company, L.F
� � � Compass
International Trade Services
P.O. Box 4444
Houston, TX 77210
Phone 713-499-8642
Phone 713-499-8643
Fax 713-499-8659
www.bbvacompass.com
AMENDMENT TO LETTER OF CREDIT NO. A27270T
DECEMBER 28, 2010
APPLICANT: BENEFICIARY:
THELtN RECYCLING COMPANY, LP F�CECUTIVE DIRECTOR
5225 THEUN STREET TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FORT WORTH, TX 76115 12100 PARK 35 CIRCLE BLDG. A
FINANCIAL ASSURANCE UNIT, MC-184
AUSTIN, TX T8753
AMENDMENT NUMBER FOUR (4)
DEAR SIR OR MADAM:
PLEASE BE ADVISED THAT THE SUBJECT LEfTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS:
BENEFICIARY'S ADDRESS IS AMENDED TO;
12100 PARK 35 ClRCLE BLDG. A
FINANCIAL ASSURANCE UNIT, MC-184
AUSTIH, TX 78753
COMPASS BANK
r71f .P�.�.�/
TERESA DEVER, VICE PRESID�NT
DECEMBER 28, 2010
THIS CREDIT IS SUBJECT TO INTERNATIONAL STANDBY PRACTICES, ISP98, AS PUBLISHED BY THE INSTITUTE OF
INTERNATIONAL BANKING LAW 8� PRACTICE, BEARING INTERNATIONAL CHAMBER OF COMMERCE (ICC) PUBLICATION N0.
590.
THIS AMENDMENT IS TO BE CONSIDERED AS PART OF 7HE ASOVE CREDIT AND MUST BE ATTACHED THERETO.
ALL OTHER TERMS AND C�NDITIONS OF THE CREDIT REMAIN UNCHANGED.
TLC
AZ7270T —A4
�
� �
Page 1 of 1
�
t36VA
Compass
International Trade Services
P.O. Box 4444
Houston, TX 77210
Phone 713-499-8642
Phone 713-499-8643
Fax 713-499-8659
www.bbvacompass.com
AMENDMENT TO LETTER OF CREDIT N�. A272TOT
DATE: DECEMBER 21 � 2010 .
APPLICANT: BENEFICIARY:
THELIN RECYCLING COMPANY, LP EXECUTIVE DIRECTOR
5225 THELIN STREET TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
FORT WORTH, TX T6115 P.O. BOX 73087
AUSTIN, TX 78711•3Q87 '
AMENDMENT NUMBER THREE (3)
DEAR SIR OR MApAM:
PLEASE BE ADVISED THAT THE SUBJECT LETTER OF CREDIT MAS BEEN AMENDEI? AS FOLLOWS:
• THE AMOUNT OF THE LETTER OF CREDIT IS INCREASED BY USD54,000.00 (FIFTY FOUR THOUSAND AND
N0/100 UNITED STATES OOLLARS) TO A NEW TOTAL AMOUNT OF USD104,000.00 (ONE HUNDRED FOUR
THOUSAND AND N0/100 UNITED STATES DOLLARS).
• APPLICANT'S ADDRESS IS AMENDED TO:
5225 THELIN STREET
FORT WORTH, TX 76115
COMPASS BANK
c
TINA COX, ASSISTANT VICE RESIDENT
DECEMBER 21, 2010
THIS CREDIT IS SUBJEC i TO IiV i �RiVATiOfriAL STANDSY PRACTfCES, ISP98, AS PUBLiSHED 8Y iHE INSTITUTE OF
INTERNATIONAL BANKING LAW & PRACTICE, BEARING INTERNATIONAL CHAMBER OF C;OMMERCE (ICC) PUBLICATION NO.
590.
THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO.
ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED.
MS
����
AZ7270T —A3
PAge 1 of 1
rage i or t
From: (At� 828�SB26 Origin ID: FiWA
Audra Panningtvn
Thel� Recycling Canpeny, LP
5225 Thelm Street
Fort WoAh,1X 76115
_ • E-+x
�
SHIPTO: (512►299•0725 BRISENDER
Ms. Teresa Nemec
TCEQ Financial Assurance Unt MC 184
12100 PARK THIRTY FIVE CIR BLDG A
AUSTIN, TX 78753
Date: 25MARt1
r�e ta �e
547N67ANET3130
DNne (II��IOIIIIIIIIII�II IIIIIU�IIIUIIIIIIIIIIIIIUIIIIIIIA IIIIIIIIII III�IIIIIIIII
Ref �F
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PO #
��c# .
MON - 28 MAR A1
� ' 79691178 3183 STANDARD OVERNIGHT
B � 78753
S MRA A�s
fi0DG21BDDAVlEFB
..�....�_.... _�. �..�_........__............_. .............................................................,....................._..._........
Afoer p�inUng ffiia label;
1. Use the'PrinP button on this page to print your label to your laser or inkjet printer.
2. Fold the printed page along ihe horizonWl line.
3. Place label in shipping pouch and afix It to your shipment so that the barcade poAion of the label can be read and scanned.
Warning: Use oniy the printed original label for shipping. Using a phofocopy of this label fpr shipping pwposes is fraudulent and could result in additlonal billing charges, aiong with
the cancellation of your FatlEx account number.
_ �_ Use of this sus em �nstltutes your aareement to the serWce canditians in the current FetlEx SeMce Guide availebl� on tetlex com FedEx wlll not he responsible for any Geim in excess oF 3100 per
05/20/2009 12:37 8174219655
���1 F:.. ()'�. �
f3uddy Garcia, Chairman �
l�arry R. Svward, Commissioder '`" f �r'�
(_�, "„��t�' ,1�'I
Bryan W, Shaw, p�.A., Cornmrssfaner ` �"=�
Mark R. Vickery, P.C., ,Ex¢cutrue Directnr �" "' '�
TEX,AS COMMIS5ION ON ENITI�ONME�1�';A,L QUALITY
,Protectinq T¢xas G.y Reducing and Preuerrting ,PolluCron
MEtY 15 � 2009
CERTjFZED MAII, - RETURN RECEIPT ��U�STED - 91 7100 2�33 3934 8958 83�.6
Mr. Jack Milner, Preside�t
Thelin Recycl��g, L.P.
65 � E. Hxgkiland �
Southlalc,�,,Te,xas,�b09� �
�te: Notice of Compliance With A,greed Order �
�'�e�an �tecycliag Cont,�atay, �..P. � '
A,ir Accaunt No. TA3987�
�N � 00762954; Doc�et No. 2007-1092-,t#�R-E; Enforce�et�t Case No, 3Q200
Dear Mz. �Milner:
PA�E 01/95
�is letter is to info� you that a re�xew o� Texas Commission on �x�v�ro�amental Qualaty (TC�Q)
records co�ce�nning the above.referenced en,�omcexnent matter i�d�cates that '�'b�e�an Recyclivag Co�pany,
L.p, has�ful���ed t�e rec�uirerx�ex�ts of the Ageeed Qrder effective on Febtuary 25, 2Q08. Spec��ca�1y,
'��e�in Recycli�g Co�rapat�y, L.P. �as fu1��.1ed the tec�ieal require�e�ts and �aid tb,e ad:manistrative
�enalty requixed by the ,Agxccd Order. Based upon this, we conclude t�at yqur respo�se �as been
satisfactory a�d �o fuzther eetio�, �s �ecessary wit� xespect W this ez�foXcement uaatter at this time. This
Order will teax�n��aate or►' February 25, 2013, pxovaded you maintain eoiocxpaxance wit� aa1 terms and
co�dxt�ans of the Ordez�.
We appreciate youx cooperatior�, s�,d x�' we car� be o�' any further assxstance, ��ease contact M,s. �Tosxna
Sali�as at (512) 239-0776. •
Sincexely,
,Anna Bruilot�as, Ma�eger
Enfoxce�nte�t Aivision
cc: Ms, A,�yssa'��ylor, Managex, ,A,ir Saction, Dallas/�ozth Vl�orth Regiox�a) Off'ice, TC�Q
P.O. �ox 130A7 • Austin, Texas 787I1-3'087 • 512-239-3000
p+•in�wlon rrcyalctl p,�rar uRinq�i�Y•b76ctl �nit
Interiniet address: www.tceq.state.tx,us
05/Z0/2869 12:37 8174210655
�
PAGE 02/95
AIR-TA3987H-CO
, Texas Commission on Enviranmenta! �uality
, . Investigation I�eport
THELIN RECYCLING CdMPANY LP
GN6Q0449441
THELIN RECYCLINC�
� Rru�oo�szgsa
(nvostigation # 703Q71 ,
Investlgator: NOiiMA SALINRS
Conduei0d: 09/1712008 •- 09l17l200B
Program�s): AIR QUALITY NON
PERMITTED
• AIR N6VYlSpI'1RCE
PERMITS
Inve9tig$tion Type : Campilance Invest File Review
AdqiUonal ID(s) : TA3887H '
Add�p56: 5225 THELIN S7; FORT Aetivity Type :
1MQRTH, TK 78115
Princioalf�l:
Role
RESPONDENT
Con�actlal :
Role
Ropulabed Entlly Mqtl Cont�t
Othe� Sfaff MemBerrsl :
Rob
Suparviso�
Incident#
Site Clasalflcation
MIN p-15 FINS
NAIC Code: 423930
SIC Code: 2875
Locallpn :
Nama
THELIN RECYCLING COMPqNY LP
Tide Name �
PRESIDENT • MR JACK MILNER
Nama
ANNA BRULLOTHS
Rhone
Work (817) 481•6679
Asseciated Check Llst
Cheekllat Name nit Namo
COMPLIANCE WITH RESOLUTION RECORD R6VIEV1l DOCKET NO 2007-1092-Alfi•E
EN� -AIR ENF�RCEM�NT INVESTIGATION ACTIVITY DOCKET Np 2007-109,2•AIR-�
CHECKLIST �
InvesUaaNOn Commsnis :
Investig�tlo� to re6olve tem�ining violafions of Enf. Case No. 24200, The penalty has been pdid. All
ordering provisions are completed, The enforcAment file will be closed and a cvmpliance latter wlll be
mailed.
' • ..
Treck No: 273369 Rlsotution Daf�e: 9/17/2008
30 TAC Ghspter 101.4
5C THC Chapter 382.OS5(a) '
�C THC Chaptor 382.0s5(b)
Alleged Violation:
6
05/26/2009 12:37 8174216655
TH�LIN RECYCLING - FORT WORTH
9N7��008 Inv. p - 703071
Pa e2of3
InvestigaHon: 557224 Comment Date: 04r�a2oo7
Failure to prevent nuisance level odor emissions, thereby adversaly affecl�ng human health,
welfere or property, or inte�Fering witfi lhe'normal usa and enjoyment of property.
During this investigatian, !he inveetigator documented nuisanoe level Odors ooming frorp
Thalin RecyCling, end impactinp Off pfOperty receptors,
(nvestigaGvn: 557772
comment Date: oslzs/2007
Notice vf Violation Fallow up Inveslig6lion parFormed ol1 May 11, 2007, Mey 14 fhraugh 18,
2007, and Complaint investiga8on on May 21, 2007. '
Investigatian; 703D71
Comment Date: 09M8/2008
Feiled M prevent nuisenee level odors from imp�cti�g of1 propetiy receptorS, in V101ation oi
30 T�X. ADMIN. CODE § 101.4 and TEX. MEALTH $ SAFEIY GODE § 382.085(d) a�d (b),
as documented during an i�avestlgaliOn conducted Mey 11 through,May 21, 2007,
Rocommanded Corrective ActJon: The facility is requested to prevent nufeeqCe level odor
emissions that edverSGly affect human he�kh, weltars or properly, or intarfere with ihe norm�l use and
enjoymen! of property.
Resolution: Thelin Recycling Company, L,P. submifled not�rized compliance ceniflcalion an April 8,
2008 adressing ortlenng provisiens of AO Docket No. 2007-1092-AIR-E. Thelin Recycling Company,
L.P, atated that they have removed th0 matariel from the site (re�yciing and compasNr�g 6Ne) and wlll
atrive to prevent any further problems. Privr to submitting notarized campliance certification, in e letter
dated May 1 i, 2007, Thelin Recycling Company, L. P, stated lhat they have taken !he appropriate
measures necessary ta midgate the otlor nulsance problem. SpecitiCally, the compost piles have
been rotated, aerated, and ramoved (sold) to eliminate the enaerobic issue addrees in lhe official
CCEDS Inveslgation No. 6572Z4.
Signed �"�''�'
Envlromm �fellnvostigator
Signed
Supervisor . '
Dete ��' � Y'� �f
oate `�/l���g
PAGE 63/05
95/20/2009 12:37 8174210655
TNELIN RECYCLING • FORT WQRTH
al17l2008 Inv. # • 703D71
Page 3 ot 3
Attachments: (in order o� final report submittal)
Enfarcement Action Request (EAR)
�Letter to Facility (specify type) � J� v V
Inveatigation Report
_Sampla Analysis Results
�Manifests
`NOR
_,Maps, Plans, Sketches
,_Photographs
�Correspondenoe fram the facility
�Othar (specliy) :
PAGE 04/05
05/20/2009 12:37 8174210655
Irnestigation QA Appendix
�nvesUgation #: 703077 RN10076Z954
Reg Ent: THELIN RECYCLINO � �
Phy�iaal Addross: No phyelcai Atldross Assoti4Eed b RN in CR
Conducted: 09f171200a 00:00 - 09l1712008 00:0o Notif Dt:
No Assoeiated (ncldonta
No Smff Tasks .
No Documenta Reoelved
County: TARRANT
PAGE 05/05
No Communication HIsWry
Fisedl Yeer WP Locai Unit No pctivi/y Type Even! �uantitv
A380CIATED TO A NDTICE OF VIOU►TIQN
Chkli6! Ifam:
Alteqpllo�:
Vlal Commonk
ciqlion(r►:
Failod io p�vvent nuieanaa lavel odo�s from ImPaetinp off pmpaAy reoapW rs, �n Nal$tWn oi 80 TEX. AOMIN, CODE $101.4 anq TEX.
HEAI,TH a$qFfiTY C006 g�82.OB5(e) end (6), ae documentad du�fnp an irnes6petion oo�ducted MAy 11 �hrough Mey 21, 2D07.
5C THC Chapter 362.085(b�
5C THC Cbapter 382,ae5(s)
so TAG Chapkr 101.�
Prineipal: THE61N R&CYCLING COMPANY LP
Proprsm: AIR qUALYTY NON PERMITTEp
Tracki�: 273355 �
ClsBelADA110n: MOOERATE
SLa�us Gade S Date: RESOLVEO,OYl771�OO6
ComPlanee Plwn Requested: NO
Cet 8� 5ub Cet Code: B,
Vlol StaR �L oq/1Z12007
� Vlol EnG �t: 09l17l200B
Selt Reporoed:
Imrtwnily Gran�ad:
Repeel Vlolallon:
RPA G�iss;
RCier 6u InveeUgetion;
CompBence Due Oate;
NO
NO '
YES
N/A
NO
Not �nlerod
FORTW4RTH
December 11, 2009
Mr. Mike Hill, Vice President
Thelin Recycling Company, L.P.
5225 Thelin Street
Fort Worth, Texas 76115
Re: Air Enforcement Follow-Lip Investigation at:
Thelin Recycling Company, L.P., 5225 Thelin Street, Fort Worth,
Tarrant County, Texas
Facility ID(s): RN100762954, CN600449441.
Dear Mr. Hil1:
On November 9, 2009, Mr. Anthony Williams of the City of Fort Worth, Environmental
Management Department, conducted an Air Enforcement Follow-Up Investigation of the
above-referenced facility to acknowledge your corrective action(s) with regards to the
Agreed Order, Docket Number 2007-1092-AIR-E, issued on February 13, 2008. It
appears that all areas of noncompliance have been adequately addressed. No further
response from you is necessary.
The City of Fort Worth, Environmental Management Department, and the Texas
Commission on Environmental Quality appreciate your assistance in this matter and your
compliance efforts to ensure protection of the State's environment. If you have any
questions regarding this investigation, please contact Mr. Anthony Williams at (817) 392-
6088 or via e-mail at Anthony.William�foriworth ov.org.
5incerely,
,�
Mr. Derek Senter, CHMM
Environmental Supervisor
DS/aw
REC���TED
D � G � � 2009
ENVIRONMENTAL MANAGEMENT DEPARTMENT
THE CITY OF FORT WORTH * IOOO THROCKMORTON STREET * FORT WORTH, TExns 76102-6311
817�92-6088 * Fax 817-392-6359 * wwwfortworthgov.org/dem �
� Printed on recycled paper
CITY �F DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT F
REFERENCES
Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your
company provides. The City prefers customers of similar size and scope of work to this proposal.
REFERENCE ONE
GOVERNMENT/COMPANY NAIVIE: � 1 � �
LOCATION: 3S SC� t„�WSOYI T
CONTACT PERSON AND TITLE: C�Q( I��
TELEPHONE NUMBE : ol �� 53� JrIO�E'o�
SCOPE OF WORK: -�r�+ltc� ��i'a���I� QYId �� DU� 1n.Io��Q!
CONTRACT PERIOD: O��O� — � gr.n}
GOVERNMENT/COMI'ANY NAME:
LOCATION:
CONTACTP.
TELEPHONF
SCOPE OF V6
CONTRACT
REFERENCE TWO
�
GOVERN1vIENT/COMPANY NAI�
LOCATION: I 1(� a �f "
CONTACT PERSON AND TITLE:
n r,_
TELEPHONE
SCOPE OF Wi
CONTRACTF
REFERENCE TIIREE
' l � ,�\ � 1 ' _ '1 1 L .
�,�
PAGE 55 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT G
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental entit
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., RegWar Session. OF'FICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received
who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
person meets requirements under Section 176.006(a).
By 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 unde►• this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
� 1 V `�1 1'
2
� 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 filing authority not later than the 7�' business day after the
date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), 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 Go�ernment 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?
0 Yes 0 No
B. Is the filer of the questionnaire receiving 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?
0 Yes � 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 0 No
D. Describe each affiliation or business relationship.
4 r
� (���
Signature p on doing usin with the governmental entity Date
PAGE 56 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT H
DISADVANTAGED BUSINESS UTILIZATION
The City of Denton will ensure that purchases of equipment, materials, supplies, and /or services comply
with Texas Local Government Code 252.0215, in regards to competitive requirements in relation to
Disadvantaged Business Enterprises (DBE). The City will ensure that all procurement opportunities are
cost effective, and contributable to the competitiveness of the City, and its customers. All Procurement
activities will be conducted in an open and fair manner with equal opportunity provided for all qualified
parties. The City of Denton will provide equal contracting opportunities as provided by State and
Federal law to small business enterprises, Historically Underutilized Businesses, and Disadvantaged
Business Enterprises. The City of Denton encourages all awarded Contractors to seek qualification as a
DBE and/or utilize DBE's as sub-contractors, where feasible, to meet the overall intent of the
legislation.
Disadvanta�ed Business Enternrises (DBE): are encouraged to participate in the City of Denton's
procurement process. The Purchasing Department will provide additional clarification of specifications,
assistance with Proposal Forms, and further explanation of procurement procedures to those DBEs who
request it. Representatives from DBE companies should identify themselves as such and submit a copy
of the Certification. The City recognizes the certifications of the State of Texas Building and
Procurement Commission HUB Program. All companies seeking information concerning DBE
certification are urged to contact.
State of Texas HUB Program — TPASS Division
PO Box 13047, Austin, TX 78711-3047
(512) 463-5872 or (888) 863-5881 or http://www.window.state.tx.us/procurement/�g/hub/
Instructions: If your company is already certified, attach a copy of your certification to this form and
return with the submission. If your company is not already certified, and could be considered as meeting
certification requirements, please use the web link to obtain such. If you are submitting a response and
plan to utilize DBE's, then use the fortn below to identify the business and include the business IIUB
certification.
COMPANY NAME:
REPRESENTATNE:
ADDRESS:
CITY, STATE, ZIl':
TELEPHONE NO.
FAX NO .
Indicate all that apply:
Minority-Owned Business Enterprise
Women-Owned Business Enterprise
Disadvantaged Business Enterprise
PAGE 57 OF RFP #5238
N r�
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT I
CONTRACT SY AND BETWEEN
CITY OF DENTON, TEXAS AND
THIS CONTRACT is made and entered into this day of A.D., 2013, by and
between a corporation, whose address
is , hereinafter referred to as "Supplier," and the CITY OF
DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective
upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City
Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products or services in accordance with the Supplier's proposal in
response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit
"D". The Contract consists of this written agreement and the following items which are attached hereto
and incorporated herein by reference:
(a) Request for Proposal (RFP # 5238)
(b) City of Denton Standard Terms and Conditions (Exhibit "A")
(c) Special Terms and Conditions (Exhibit "B")
(d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C").
(e) Supplier's Proposal. (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."
D
��
v v
PAGE 58 OF RFP #5238
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
IN WITNESS WIIEREOF, the parties of these presents have executed this agreement in the year and
day first above written.
:
ATTEST:
ATTEST:
Cit of Denton
OWNER
(SEAL)
_ . _f- �
�%12..�,itll`�2C� �i ��
CONTRACTO
`-J o"�.S 1n �� �r1 V �K'22�'
�o�C� l�Joc�n "C�C 7(o I I S
MAILING ADDRESS
8i� �iac� 5�a-�
PHONE NUMBER
�i� qa��a`8
., , F� 1` �;
APPROVED AS TO FORM:
„aet � 1� �t
PRINTED NAME,
(SEAL)
ANITA BURGESS, CITY ATTORNEY
PAGE 59 OF RFP #5238
�
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT J
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
The undersigned agrees this RFP becomes the property of the City of Denton after the official opening.
The undersigned affirms he has familiarized himself with the loca] conditions under which the work is to be
performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters
that may be incidental to the work, before submitting a proposal.
The undersigned agrees, if this proposal is accepted, to furnish any and all items/services upon which prices are
offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance
of this Proposal will be ninety (90) calendar days unless a different period is noted.
The undersigned affirms that they are duly authorized to execute this contract, that this RFP has not been prepared in
collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this RFP have not
been communicated to any other proposer or to any employee of the City of Denton prior to the official opening of
this bid.
Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise
under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of
the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.
The undersigned affirms that they have read and do understand the specifications and any attachments contained in
this RFP package.
The undersigned agrees that the RFP posted on the website are the official specifications and shall not alter the
electronic copy of the specifications and/or pricing sheet (Exhibit 1), without clearly identifying changes.
The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at:
httn:/h�v�vw.cityofdenton com/index aspti�p�ge°397 to ensure they have downloaded and signed all addendum(s)
required for submission with their proposal.
Should a conflict arise between the PO, supplier terms, or contract; the terms and conditions set forth in this RFP
shall prevail.
I certify that I have made no willful misrepresentations in this Proposal Submission, nor have I withheld information
in my statements and answers to questions. I am aware that the information given by me in this proposal will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be
rej ected.
NAME AND ADDRESS OF OMPANY:
� ,� � �
� -Q
'�-or�-1.9�oC� '�X �l lp I Is
Tel. No. ��1 Qp�,�,p ��.�p
Email. I�l� C.Ina�l �a% � 1� re.A6 ;� r�(
PAGE 60 OF RFP #5238
Fax No. � t'�j �OZ.ip � o��
Exhibit 1 Respondent's Name: Thelin Recycling Company
RFP 5238- Pricing Sheet for Wood Grinding Services
The respondent shal/ complete the following section, which directly corresponds to the specifications. The contractor shall not make changes to this format.
Product Proposal Pricing (FOB DESTINATION):
s ima e
Item # EST.ANNUAL Product Description DeliveryARO
Qn' UOM Unit Price Extended Price (Days)
lA � 100,000
2A
2B
2C
2D
2E
2F
All labor, equipment and materials necessary for the grinding of brush, clean
CY
construction lumber and other miscellaneous as specified per technical specifications.
CY
Grinding/mulching natural materials on site (1-10,000 CY)
CY
Grinding/mulching natural materials on site (10,000 - 20,000 CY)
CY
Grinding/mulching natural materials on site (20,000 - 30,000 CY;
CY
Add - Material great than 12 Ft.
CY
Mobilization and demobilization ( Per Job)
CY
Cost reduction if City removes, dispose and clean job site. (-$_
1.20 I S 120,000.00
$ 2.00 N/A
$ 1.75 N/A
$ 1.20 N/A
$ 2.00 N/A
$ 2,000.00 ►v/a
Y) No Bid
Total Cost of Products (Annual)
S i2o,000.00
Payment Term Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice
that is paid within the time period indicated below.
*NOTE: PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED FOB DESTINATION.
CITY OF DENTON
RFP #5238 - FOR WOOD GRINDING SERVICES
EXHIBIT 2
SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
The scope of work and/or technical specifications shall be finalized upon the selection of the
Firm. The proposal submission shall have accurately described your understanding of the objectives
and scope of the requested products and services and provided an outline of your process to
implement the requirements of the scope of work andJor technical specification below. It is
anticipated that the scope proposal submission will include, at a minimum, the following:
Purpose:
It is the intent of the following specifications to describe on site grinding and removal of debris
services. Debris is routinely collected as a result of land clearing throughout the City of Denton
area. Successful bidder shall provide all labor supervision, materials and equipment, with
operatars, necessary for onsite grinding/mulching of natural (trees, brush, wood, and vegetation)
brush piles to include removal and disposal as required. Successful bidder will be required to
separate all foreign material (wire, metal fence/posts, concrete etc.) located within the brush piles
from the natural materials prior to grinding, and dispose of all foreign materials as required.
Inspection and Acceptance:
Upon completion of each area the City shall have the right to inspect the service(s)
performed before accepting them. Vendor shall make inspections with City of Denton's
designated representative upon request and furnish a written plan of action as to how and
when correction of any discrepancies will be accomplished. The City reserves the right to
make periodic unannounced inspections without the vendor being present.
Payment for the work specified herein and shown will be made, after completion and
acceptance, at the unit prices specified in the pricing schedule.
Vendor Responsibilities:
The successful bidder must be duly licensed in accordance with the state's and country's statuary
requirements to perform the work. The successful bidder shall obtain all permits necessary to
complete the work. The successful bidder shall be responsible for determining what permits are
necessary to perform under the contract.
The successful bidder shall be responsible for instructing its employees in appropriate safety
measures. The successful bidder and its personnel shall adhere to the applicable safety
requirements. The successful bidder shall comply with local, State and Federal Safety and
Health Requirements.
Compliance with Governing Laws and Regulations - The successful bidder shall strictly
comply with all applicable federal, state, and local regulations. Copies of such licenses,
certifications, registrations and any other requirements shall be provided with the bid
submission; and, the successful bidder shall provide follow-up evidence that as the
successful bidder they maintain such credentials throughout the period of agreement.
Successful bidder shall be required to comply with EPA and OSHA cleanup and
containment regulations for all equipment fluid spills, etc.
CITY OF DENTON
RFP #5238 - FOR WOOD GRINDING SERVICES
EXHIBIT 2
SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Sub-contracting:
All work included in this contract shall be the sole responsibility of the vendor and shall not be
sub-contracted. All foremen and workers shall have sufficient skill, proper license, and
experience to perform work in an acceptable manner. Bidders shall have prior
grinding/mulching experience, similar in size to that being requested by the City. Bidder shall
submit three (3) acceptable references, listing current/prior contracts. The references must state
the agency, phone number, contact person and contract size. See page 9. Failure to submit the
references with bid submittal may result in rejection of bid.
Supervision:
Under the general oversight of the City, the successful bidder will supervise and direct all work,
and workers related to the services. The successful bidder shall maintain one qualified and
accessible supervisor, which shall be responsible for the coordination of the City field crews.
The name(s) of the supervisor, assistant or backup personnel or liaison officer's phone number
shall be provided to the City prior to execution of work.
Equipment Requirements:
Successful bidder shall furnish all required equipment, e.g. tub-grinders, horizontal grinders,
front loaders, cranes with grapplers, dolly to mobilize grinding/mulching equipment, etc., within,
or to and from each separate job site.
For evaluation purposes the bidder shall submit, or make available upon request, a listing of
all equipment to be used on this project. List of equipment shall include year, make and
model of machines to be used. Bidders are to own and have operationally ready all related
equipment to perform this service. All equipment submitted for use on this project shall be
maintained in satisfactory working condition to guard against injury to the grounds, City
property, third-party property, persons or animals. Bidder's equipment that operates from
public roads shall have a permanent rotating amber caution light mounted to the top of each
piece of equipment along with an arrow board.
Prior to recommendation of award of the contract, City of Denton representatives may
conduct an inspection of the bidder's equipment. At the time of inspection, if the bidder does
not possess an adequate amount and/or operational equipment to complete the areas
stipulated, the bidder may be rendered non-compliant and the respective bid disqualified as
determined by City of Denton.
After award, the successful bidder's equipment and personnel must be at all times readily
available, mechanically sound and operationally ready to satisfactorily perform the volume of
work required under this contract. Failure by the successful bidder to maintain adequate,
mechanically sound and operational equipment and/or staffing may result in termination of
the contract due to non-performance.
Vendor shall be responsible for any property damage caused by the use of chemicals, vehicles, or
other equipment while engaged in this contract.
CITY OF DENTON
RFP #5238 - FOR WOOD GRINDING SERVICES
EXHIBIT 2
SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
Inclement Weather Conditions:
The City will allow two (2) additional days for every day that there is a delay due to the weather
for completion of services.
ITEM 1
All labor, equipment and materials necessary for the grinding of brush, clean construction
lumber and other miscellaneous wood products located at the City of Denton Beneficial Reuse
Facility. Material must be ground using a tub grinder with a minimum horse power rating of
1000 hp to 1350 hp and is capable of grinding 5000 cubic yards of material per eight (8) hours.
Tub grinder must be equipped with water supply connection for dust control and magnetic head
pulley for removing metal.
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 inetal objects. Ninety-nine
(99) percent of all material is 12 ft. and under. 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. Should pieces
become too large, due to mechanical problems; the City can request a second grind, at no
additional cost. Material screen size shall be 5" x 7" for coarse material and 2" x 2" for fine
material. Material ground under Item 1 are not disposed of, but used in the City's Beneficial
Reuse Facility for mulch.
The City reserves the right to notify successful bidder when approximately 3,000 yards of double
grind or landscape mulch is needed far unexpected jobs.
The vendor will mobilize equipment and begin grinding within 7 working days, weather
permitting, upon notification by the City.
CITY OF DENTON
RFP #5238 - FOR WOOD GRINDING SERVICES
EXHIBIT 2
SCOPE OF WORK AND TECHNICAL SPECIFICATIONS
ITEM 2
All labor, equipment and materials necessary for the grinding of brush, trees, other miscellaneous
wood products, less than 12 ft., located at various sites throughout the City of Denton.
Successful bidder shall furnish tub-grinders and/or harizontal grinders with a minimum horse
power rating of 1000 hp to 1350 hp and are capable of grinding/mulching 5000 cubic yards of
material per eight (8) hours. Equipment furnished shall be capable of processing/grinding tree
root balls up to ten (10) feet in diameter, and tree trunks up to sixty (60) inches in diameter.
The size of the wood chips must be suitable for the composting operation. Material screen size
for material shall be 5" x 7" for coarse material. Should pieces become too large, due to
mechanical problems; the City can request a second grind, at no additional cost.
Disposal of Materials and Site Clean-up:
Successful bidder shall be required to remove and transport desirable mulched material, free
of debris, to the City of Denton's Beneficial Reuse Facility at 1100 S. Mayhill Rd, Denton,
TX 76208.
The successful bidder will be required to haul off and dispose of waste materials extracted
from desirable mulch (e.g. concrete, wire, steel fence posts, trash, etc). If mulch contains
trash and is undesirable for the Beneficial Reuse facility, vendor must dispose of all
materials. The City will furnish no disposal or storage site for waste materials. The
successful bidder shall dispose of waste materials in a safe and efficient manner in
accordance with all local, state and federal regulations. Successful bidder shall be required to
leave the premises in a clean, safe and sanitary condition with the site re-graded to remove all
wheel ruts as required.
The City of Denton reserves the right to haul off and dispose of all materials, and clean up
the job site at its discretion. Bidders are asked to submit a price reducer, per cubic yard,
should the City remove materials and provide site clean-up (Item 2.F.).
Livestock at Job Site:
Successful bidder shall be responsible for securing/handling all livestock while working on
private property where livestock is present.
Duration of Jobs:
A maximum of five (5) working days will be allowed at each job site, unless pre-approved by
City of Denton staff.
Successful bidder will commence mobilization and removal of debris within 7 working days
upon notification from the City.
Delivery of services shall be as notified by City personnel. The quantity will depend upon the
City's need at the time of request.
1.
THELIN RECYCLING COMPANY, LP
Michael Hill — Michael(a�thelinrecvcling.com
OFFICE (817) 926-5626 MOBILE (214) 532-6585
Hector Chairez — hector(�a,thelinrecycling.com
OFFICE (817) 926-5626 MOBILE (817) 999-7797
RFP 5238
WOOD GRINDING SERVICES FOR THE CITY OF
DENTON
2.
Thelin Recycling Company has held the contract for wood and brush grinding
and the Denton Landfill for over 12 years; we are very familiar with the needs
and requirements that the city has requested for the contract.
�
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT C
BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS
1. Contractor Name: �i;t1�eC�(c�i(1q �0►,1��� � l.l�
�
2. Address (Principal Place of Business): So?aS l lnet�n S} ��'pc� Woc.�ln '�'K 1(p 115
3. Does your company have an established physical presence in the State of Texas, or the City of
Denton? �tS
4. Tax Payer ID#: 7s-ac�397�a
5. Email Address of Primary contact: �ic�p,e( ��.li�t�tc�Gli+(� •�'` i������n���'n9 �(
.1
6. Website Address: w w w• the 1„n rr c•� c,Una • coµ
�>
7. Telephone: SI'1 go?(o slpaCr
g. F�: ��� 9a�s�ag
9. Other Locations: �01`Q
10. Organization Class:
Partnership �
Individual
Corporation
Association
11. Date Established: lo � lq`� lp
12. Former Business Name: N`l�i `
13. Date of Dissolution: ��P(
14. Subsidiary of: N `�
15. Historically Underutilized Business: Yes o No
16. Principals and Officers: �ie�Gle l J�}i � � � T��S +o�o�.'�"
Please detail responsibilities with the name of each principal or of�icer. S�E l�t'('I{C{}.��
17. Key Personnel and Responsibilities: �,�� �;,re�
Please detail responsibilities with the name of each key personnel.
PAGE 51 OF RFP #5238
� � °�-1�
Michael Hill —President Oversight of all day to day activities of the operations of Thelin
Recycling. Responsible for employee placement, productivity, and advancement in al1 azeas.
Bids work, coordinates completion. Codes all A/P to proper GL. Maintains qua.lity control over
production and delivery of materials. Responsible for equipment maintenance to ensure ongoing
production. Works with customers to ensure satisfaction. Works to expand the business.
Hector Chairez — Grindin� Supervisor. The Grinding Superintendent efFectively manages
and is directly responsible for a11 assigned grinding operations and personnel. To achieve this,
the Grinding Superintendent implements and maintains systems and procedures that ensure all
grinding operations are in accordance with qua.lity standards, safety standards, according to
specified cycle time, within allotted budget, achieving company's goals and providing customer
service. Schedules mobilizations / demobilizations of equipment.
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
18. Number of Personnel by Discipline:
Discipline Number of Staff # Registered
19. Services Provided by Contractor: � �E �' �f �� �ani' £'f Q'�<<C�� `I-C4j�� �►'�
a. Please provide a detailed listing of all services that your company provides.
b. Please detail your prior experience working on similar projects with Texas governtnental
entities.
c. Please detail your similar services provided over the past two (2) years.
d. Detail documented proof of at least three (3) projects in the past two (2) years.
e. Please deta.il these services, including, the nature of the services provided, the scope of the
activities, the organizations for which the services were provided, the dates of the projects,
and the documented benefit to the governmental entity.
20. Has your company iiled or been named in any litigation involving your company and the
Owner on a contract within 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. j� D
21. Please prvvide at least (3) three references (preferably municipalities) and contract
amounts. Include project description, contact names, position, and organization name and
telephone number for each reference listed. See attachment F. S� � lf
22. Have you ever defaulted on or failed to complete a contract under your current company
name or any other company name? If so, where and why7 Give name and telephone number
of Owner. � �
23. Have you ever had a contract terminated by the Owner? If so, where and why? Give name
and telephone number (s) of Owner (s). � p
24. Has your company implemented an Employee Health and Safety Program compliant with 29
CFR 1910 "General Industry Standards" and/or 29 CFR 1926 "Gener 1 Construction
Standards" as they apply to your Company's customary activities? `�eS
http://www.osha. o�v/pls/oshaweb/owasrch.search form?p doc tvpe=STANDARDS&p toc
_level=l&� ke,�value=l926
PAGE 52 OF RFP #5238
4. Relevant Egperience and Capabilities
1998 — 2014 - City of Denton, TX Under contract to grind and stockpile material. Material
quantities in excess of 100,000 yards annually.
1100 Mayhill Road
Denton, TX 76208
Contact: Gayla Wright
Ph 940-349-8290 Fax 940-349-7507
2010 - Current - Citv of Cleburne, TX Under contract to grind and stockpile material.
Material quantities in excess of 40,000 yards annually.
2625 Pipline Road
Cleburne, Tx 76033
Contact: Rodney Collins
Ph 817-774-6945
Email: Rodney.collins@cleburne.net
2008-2412 - Citv of McAllen, TX Under contract to grind and stockpile and load out material.
Material quantities in excess of 120,000 yards annually.
Contact: Roy Custudio
Composting Facility
Ph 956-688-3278
Email: rcustodio@mcallen.net
2009-Current - City of Mesquite, TX Under contract to grind and stockpile and load out
material. Material quantities in excess of 100,000 yards annually.
3550 Lawson Road
Mesquite, TX
Contact: Charles Goodson
Ph 214-534-5642
Email: cgoodson@cityofinesquite.com
2012-Current - City of Grand Prairie, TX Under contract to grind and stockpile and load out
material. Material quantities in excess of 50,000 yards annually.
1102 McArthur Blvd
Grand Prairie, TX 75053
Contact: Angi Mize
Ph: 972-237-8262
Email: amize@gp�.org
L�
CITY OF DENTON
RFP 5238 FOR WOOD GRINDING SERVICES
ATTACHMENT F
REFERENCES
Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your
company provides. The City prefers customers of similar size and scope of work to this proposal.
� � .` ,: RE�ERENEE �NE � �
GOVERNMENT/COMPANY NAME: l
LOCATION: 35 SC� i,Q�SO�CI T
CONTACT PERSON AND TITLE: l�.YtQ( �g
TELEPHONE
SCOPE OF W�
CONTRACT PERIOD: 0�(�O� " �'�f�v�.i-
� . , , �,. .
, :.
�,: 1tEFERENCE TWO,., %
GOVERNMENT/COMPANY NAME:
LOCATION: �QO� �tO�21�Y
r
CONTACT PERSON AND TITLE:
TELEPHONE NUMB R: S ►� '`�'
SCOPE OF WORK: '
CONTRACT PERIOD: 0.�01 C7 '
GOVERNMENT/COMPANY NAME: _
LOCATION: � �� o� M�L f� rar
CONTACT PERSON AND TITLE: �
TELEPHONE NUMB R: �,�y'
SCOPE OF WORK: ' � S'
CONTRACT PERIOD: �O i 01 —
� * �.
PAGE 55 OF RFP #5238
-. :; :.
CHREE ,
�
.
8. — Inventorv
Grinders
1997 Diamond Z 1260 Tub Grinder
1998 Diamond Z 1260 Tub Grinder
1999 Diamond Z 1463B Tub Grinder
1999 Diamond Z 1463B Tub Grinder
2000 Diamond Z 1463B Tub Grinder
2002 Diamond Z 1463B Tub Grinder
2004 DZH5000 Horizontal Grinder
2004 DZH5000 Horizontal Grinder
2005 DZH 7000 Horizontal Grinder
2005 DZH 7000 Horizontal Grinder
Excavators
2001 CAT 320CL Excavator
2002 CAT 320CL Excavator
2004 CAT 320CL Excavator
2004 CAT 320CL Excavator
2004 CAT 320CL Excavator
2005 CAT 320CL Excavator
2005 CAT 320CL Excavator
2009 320DL Excavator
2009 320DL Excavator
2011320DL Excavator
2011 320DL Excavator
20ll 320DL Excavator
2007 320CL Excavator
2007 320DL RR Excavator
2007 320DL RR Excavator
800 HP
800 HP
1000 HP
1000 HP
1000 HP
1380 HP
860 HP
860 HP
1000 HP
i000 �
Track Loaders
2002 CAT 963C Track Loader
2009 963D Track Loader
2012 963D Track Loader
Wheel Loaders
1998 CAT 960F Wheel Loader
2000 970F Caterpillar Loader
2000 CAT 972G Wheel Loader
2001 972G Wheel Loader
2003 CAT 966G Wheel Loader
2004 CAT 966G Wheel Loader
2004 CAT 972G Wheel Loader
2004 CAT 966G Wheel Loader
2004 CAT 966G Wheel Loader
2005 CAT 966G Wheel Loader
2005 CAT 966G Wheel Loader
2006 CAT 966G Wheel Loader
2006 CAT 966G Wheel Loader
2006 928GZ Wheel Loader
2009 938G CU Wheel Loader
2009 966H Wheel Loader
2011 966H Wheel Loader
2010 966H Wheel Loader
2010 966H Wheel Loader