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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� auclra@�W�el:rtrec.�clM� •c�c'�M lu►�elr�e 'unrec.�c. � rt • 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. RFP # 5238 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. RFP # 5238 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. RFP # 5238 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. RFP # 5238 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. RFP # 5238 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 • , ��:: � c�u 0�;� �� "�1 //\ P�' - ����!�_ , ,��� ` 0��� 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 . �U = =�, � r ,� , � �� ;;� - �:���a, �,�� ,� § § § § § § § 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 � � � : � � 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) Rrrkoo��2�s4 � a�l,.�:r r[�"� .�.a=iy r �'�.:' t� _- �Id • a � s . . I�-t i I I 1L� � �" ]' ��--� �'I--`�"`��rllr" J� , � �i �I � t�i�,� �a ��I � � �iiii! .�,�. �� i4 � � . . J_,j_UII .d ' � +idk�-_ II L. -1— �i • • �I�ar i�i �i4 Ul'`-��'r� ��i ������'�� �r ; � I�� �'- ,� � �i n ��� f�� �G� , , ��� a� � j a a .� a i'` 7 �i �� r �1� • . � � � °�1,��,3�I1I_, l�n�l��l�����,�ll�l�,�ilil i�i ��� ��� �i%��r t 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«� � c-� rn P � w m � x � � � m i � � 0 c.� 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 �� • '� Coir�rado Ana� tical '"�t...�l�nratar��s, Inc.� LAI�C)12AT()ttY ANAi�YSIS RE�'UIiT kl�F�f}R.l..T'(?: MEC"I�AkE� F�ifL.t. till.,L 'C(:): ft{f:iI:lN IdE:C'YC I.JN(i (.'(.), LI' S�'7 ,i..!•�f.�,T.,1N 5"�� 1�()Ct:'I° WC.)R`I`il "1.X 7Gi 15 1.�113 N(,'); ?fN�71 [)AT'£: KC'��[): If)i�il ( I{}�.I�C)R'('I:ll: f (h'21�r I i 1'ft�°)J�f:"f: 1'C.D NC7.: C'(.)[) �AMf>l.f: ff.); '1'NEL[N YAttl') MATERIA[. 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IVfl: 5amp(� Niatrix (C�rele On�): y � �RItVKING WASTE �RL3tJiUD 5iJRFACE SOI SI.UDGE � z � WATE1t WAiER l�lATER WAl ER � � OThER (Specify): " .� � Date Time Ctient Sample Ib �� Q r�,��? �r �:� �1' e.( � n ar d LYtc�}e s i rx{.. . t� tHarTt OF CUS7'lJpY RECORD c .�ro. ���_ �x z � �i a :a ���.; ��� —��.� C� r..�l�r� rtr-t�-, :�r-:�lt �I-�r.�! :.. "'SIFE ;..� . ., "` P•Q• Drawer 5d7 Z40 5outh Mair� Street Brighton, Colorado 80601 303-655-2313 FAX:3�3-659-�3Y5 Lr16 ;F LGN _ LOC _ �� _.._ DISR _ �uE u ItEPQRT �ULT� 'i0 C�; ; +;� Y iir N �¢brtnkinc{ Lyater Q��yj :,.. �s. �?1/BLiC W;0.TEIt SlJPPi.Y U+!£U�. PW51U: :�,„,... ..- � 8'IfS I+lAM1E. ._. � • `: R•; `;:t aat�a�ss:. �:� :: , �:; :,,. -�-----�---�-. ra-r� sc, sr,a. � _�n: ; - �., �` ---- y ------� 22P; _ � . � —���. ; :_� :.�: —`.-- Comment�: � `�� ''�UNTY; " . Gompie}e ���"i't�tla"' fQ�KC'(�Q, fil1�J ;5�� (��}� � . p Deiivered By: � 1ir�qui h d BY- DaeelTime Received P: s��uS � ����Q�iY� +� ��+�t � �: a�tr� T�r�e Relinguished 6Y� Date/Time Received e a� ,r � Y � Oate/i'ime . 24C S. in St • Bri ht f v • g on, CO 806C (3D3} �,Sg_� 13 x�� Ma;���g Add�-ess: P.p. Drawer 5�7 • Brighton, CO SD601 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 i�i�.a 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