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2008-026ORDINANCE NO.C26 l0 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE WOOD GRINDING FOR THE CITY OF DENTON COMPOST' FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3935-ANNUAL CONTRACT FOR WOOD GRINDING FOR COMPOST FACILITY AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH SECTION IN THE ESTIMATED ANNUAL AMOUNT OF $150,000). (THE PUBLIC UTILITIES BOARD RECOMMENDS APPROVAL (6-0). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and 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 I. The numbered items in the following numbered bids for materials, equipment, " supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NUMBER VENDOR AMOUNT 3935 1 Thelin Recycling Company, LP Exhibit A 3935 2 Big Bird Tree Service Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees I to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal ' written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City , Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 7N day of 1 4= 2008. 9 .u~~ . PERRY '9. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED A O LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-oKO-B 5 Exhibit A BID #3935 DATE: January 3, 2008 Annual Contract for Wood Grinding Services ITEM DESCRIPTION VENDOR VENDOR. Big Bird Tree Thelin Service Recycling Principle Place of Business: Dallas, TX Southlake, TX 1 Wood grinding services at Beneficial Reuse Facility All labor, equipment and materials necessary for the grinding of brush, clean construction lumber and other A miscellaneous as specified per technical specifications. $1.15 Annual estimated cubic yards: 100,000 $ CY Wood grinding services at various locations 2 throughout the City as specified per technical specifications A Grinding/mulching natural materials on site $4.25 1 - 10,000 CY $ CY 8 Grinding/mulching natural materials on site $3.95 10,000 - 20,000 CY $ CY C Grinding/mulching natural materials on site $3.85 20,000 - 30,000 CY $ CY D ADD - Materials greater than 12 ft. $4.75 $ CY E Mobilization and demobilization $1,000.00 $ per lob F Cost reduction if City removes, dispose and clean job site -$2,00 CY CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BID NO. 3935 THIS CONTRACT is made and entered into by and between Thelin Recycling Company, LP a corporation, whose address is 651 E. Highland Southlake, TX 76092, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for Wood Grinding Services Bid Item 1. These products and services shall be provided in accordance with the Specifications for Wood Grinding Services, a copy of which is attached hereto and incorporated herein as Exhibit "A" (or on file in the office of the Purchasing Agent), and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Specifications for Wood Grinding Services ;(Exhibit "A"). (b) Contractor's Bid. (Exhibit "B"); (c) Insurance Requirements. (Exhibit "C"); (d) Form CIQ - Conflict of Interest Questionnaire (Exhibit "D") These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." SAprch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc I II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within seven days (7) days following notice to proceed from City. Or III. TERM OF CONTRACT The initial term of this Contract shall be twelve (12) months from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the City of Denton's option and approval by the vendor, the contract may be renewed for four (4) additional one (1) year periods. IV. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Bid Specifications attached hereto and incorporated herein as Exhibit "A"(or on file in the office of the Purchasing Agent). Contractor warrants that the goods and services provided to City under this Agreement shall be free from defects in material and workmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Contractor following city's acceptance of the work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Compensation for this contract will be paid according to the unit pricing included in the attached Bid Proposal. Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc Vi. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII. INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set forth herein. VII. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. VIII. INDEMNIFICATION Contractor shall release, defend, indemnify and hold the City, its elected officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Contractor under this Agreement or caused by the negligent act or omission or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out of the subject matter of this Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc IX. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shall indemnify and save harmless City against any claim related to or arising from the violation of any such laws, ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. X. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. XI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the work will be sublet to anyone objectionable to City. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc X1II. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date of this Contract. XIV. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit of No Prohibited Interest, attached and incorporated herein as Exhibit "D". XVI. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XIX. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XX. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. S:lprch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. EST: Q0 AA AA 4`s~ CONTRACTOR BY: _-r9LLWiV Aenc ~i 6 , e f Nam Title: l Ax,,yb-C L ?G a 9 Z. MAILIN ADDRESS ZKI 79 k 9 PHONE NUMBER $l ~ ~jij D 6.5~ FAX NUMBER PRINTED NAME CITY OF DENTON, TEXAS BY. CI Y MANAGER DEPARTMENTAL APPROVAL APPROVED AS TO LEGAL FORM EDWIN M. SYNDER, CITY ATTORNEY r BY: , S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc EXHIBIT A SPECIFICATIONS 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 operators, necessary for on site 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 county'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. 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, S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc EXHIBIT A 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. 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. S:lprch\Contracts Documents13935 Wood Grinding for Compost Facility Thelin.doc EXHIBIT A 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. The City inspects the wood waste for plastic and large metal objects when it is delivered to the grinding area, but cannot guarantee that the grinding pile is free of metal objects. 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 for unexpected jobs. The vendor will mobilize equipment and begin grinding within 7 working days, weather permitting, upon notification by the City. 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 horizontal 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 sucessful 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- S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc EXHIBIT A 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 21.). 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. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc EXHIBIT B CITY OF DENTON ANNUAL CONTRACT FOR WOOD GRINDING SERVICES 'B1D''-P ROPOSAL`E ORNt ~ . - _ _ _ <•t-.: ITEM DESCRIPTION UNIT PRICE TOTAL AMOUNT 1 Wood grinding services at Beneficial Reuse Facility All labor, equipment and materials necessary forthe grinding of A brush, clean construction lumber and offer miscellaneous as $ CY 11 S 000 specified per technical specifications (p. 11) , - Annual estimated cubic yards 100,000 Wood grinding services at various locations throughout the City as 2 specified per technical specifications (p. 12) A Grinding/mulching natural materials on site $ C U 1 -10,000 CY B Grinding/mulching natural materials on site (a. D D 10,000- 20,000 CY $ CY C Grinding/mulching natural materials on site 20,000 - 30,000 CY $ (o. 00 Cy D ADD - Materials greater than 12 R $ 0.00 CY E Mobilization and demobilization $ a!000 per Job F Cost reduction if Qty removes, dispose and dean job site -$-!!1- 00 CY RETURN ONE (1) COMPLETE ORIGINAL AND ONE (1) COPY OF EXECUTED BID PROPOSAL Service must be performed within T days from receipt of order, weather permitting. -In case of calculation error, unit pricing shall prevail. 1 pg Date 1h Iir1 koec Signature o u rued Repres rrtative Company NaA-i PAGE 1 OF BID #3935 Bidder's Initials . CITY OF DENTON ANNUAL. CONTRACT FOR WOOD GRINDING SERVICES The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions underwhich 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 bid. The undersigned agrees, if this bid is accepted, to fumish 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 Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser 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 seQ.. and which arise under the antitrust laws of the State of Texas, Tex. -Bus. & Com. Code, Section 15.01, et seg. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: .r- I ti'le` i i X51 Tel. No. Stn - tAPV (0{oq AUTHORIZED RE RES Signature Date 4 a e Name Ili (111 pill Title V. Fax No. 91'7 qa/- 04,55 Email. M i Ctlae ((Q- 4-'Iel'irl r* cJ_ CCM COMPANY IS: Business included in a Corporate Income Tax Return? . YES - NO Corporation organized & existing under the laws of the State of -Partnership consisting of etr , Mi W 1 14i 11 Joel M( tru, Individual trading as Principal offices are in the city of PAGE 2 OF BID #3935 Bidders Initials EXHIBIT C CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc EXHIBIT C Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the .insurer's limit of liability. All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CIT)9 EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SAp rch\Co n tracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability Form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage 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 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 $300,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc 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 Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. SAprch\Contracts Documents%3935 Wood Grinding for Compost Facility Thelin.doc [ ] 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 contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, 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; S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Thelin.doc EXHIBIT .D CONFLICT OF INTEREST"QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFRCE USE ONLY Government Code by a person doing business with the governmental entity. . Dare sec&Nsd By taw this questionnaire must be filed with the records administrator of the local government not later than the 7th business day aver the date the person becomes aware of fads that require the statement-to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. Schad A-1/ 2J F] Check this boot if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questiomalre with the appropriate filing authority not later than September 1 of the year for which an activity described In Section 176.DWa) Local Government Code. is pending and not later than the 7th business day after the data the originally filed questionnaire becomes Incomplete or 1nacaa2te.} 3 Describe each affffAon or business relationship w[th an employee or contractor of the, local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. A/ 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity itrat is thm subject of thL questionnaire. /Jo tit E AMWAMd071132008 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local goverrunant officer with whom fifer has affiliation or business relationshl tf the Answer to A. % or C is YES.) p- (Complete ffiis section only This section, item 5 hxluding subparts A. B. C & D. must be completed for.each otfk" with whom the f fifer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named In this section receiving or likely to recelve twoble Income from the filer of the questionnaire? 0 Yes No B. is the filer of the questionnaire receiving or likely to receive baxable hxnrne from or at the direction of the local government officer named in this section AND the taxable Income is not from the local governmental entity? Yes 0 No C. is the frier of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or d1rector, or holds an ownership of 10 percent or more? Yes 0 No D. Describe each affiliation or business relationship. to Describe any other aff nation or business relationship that might cause a conflict of Interest. 7 -114 C6 k Il- Signabze doing business with governmental entity Date Arnrroed m3reom AGORD CERTIFICATE OF LIABILITY INSURANC ' n E 2/18/20 8 PRODUCER (817) 226-3710 FAX: (866) 652-9333 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Guaranty Insurance Services Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE , . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2301 East Lamar Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 450 Arlington TX 76006-7415 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:Ace American Insurance Thelin Recycling Company, LP INSURER B: Continental Casualty 651 E. Highland INSURER c: Wausau Underwriters Ins. INSURER D: Southlake TX 76092 INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH ORRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED occu PREMI ES F. rrence 300,000 $ A CLAIMS MADE ❑X OCCUR D35984628 5/25/2007 5/25/2008 MEDEXP An one person) $ 10,000 X Blanket Add'1 Ins PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/ OP A $ 2,000,000 X POLICY PE OT LOC . • - - I rs I t^ T AUTOMOBILE LIABILITY I r t r n ti I~ C EI VED r. COMBINED SINGLE LIMIT 1 000 000 X ANY AUTO (Ea accident) , , $ A ALL OWNED AUTOS H08165853 5/25/2007 5/25/2008 BODILY INJURY SCHEDULED AUTOS l7t1 a R 1 1 ~_r 20 i -O' (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA A $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ 5,000,000 B DEDUCTIBLE L2090630733 5/25/2007 5/25/2008 $ X RETENTION $10,000 $ C; WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STATU- O1- S1 1 ANY PROPRIETOWPAk'I'NER/EXECU rIVE E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBEREXCLUDED? If es describe under WCJZ91441498017 5/25/2007 5/25/2008 E.L. DISEASE-EA EMPLOYEE $ 1,000,000 y , SPECIAL -PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Reference: 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. l.tK I II-It A I It F1ULUtK CANCELLATION City of Denton Attn: Purchasing Manager 901 Texas St. Denton, TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _ H Shults, Jr. /BHARGR /A%,UKLJ L, ILUUT/Uifl INS025 (0108).08a © ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. INS025 (0108).08a Page 2 of 2 : .5 w o O m u ' 8 0 9 C ~ 'j~ Q b T T h ~ ~ :-1!~ am F A . m , i7 Y ~ n t r P ~ at i ~ ~ c . ~ G C ~ e0~1 ~ ~4y C J d Zy-a,~ f' ~ A Q N C~ o C\j Q 04 a Z p r Cl) z ~ a F w -.0 W ~cm a. v < u o ~n W o ~LLL z WQ cr W 2F - Cb O , N rn F C c Q x X ~-z c Zw< Wmo ~ ~ 8W as ro CD U ^q O u. LL F F O a t F A crn - v i W ,t w U `•n z Q ' J Q s W t.. Q LL cc L • U ..s m ° a a 0 v 0 Lei U z a c U h N X C W W v ~o C C F W O e F W N F Cl f% . Lr% L E o o L ° u V O C u 7 C C. V] -O ° 0 0 0 0 rn a v m m m oo o 8 n N O o u ~ C v N O d• M N 9 H' u a i V, N to O `o em , ~ W M O 8 C. a°!1 C~ N S Ul •C 9 ~I U U U U ° ° ir+ o w u M aNn ty1 N $ F ~ ° N ~ d 0 7 y d a F 9i O z 0 n U Q 00 m ° w h h h h S S Ln 619 d M u a en O v o F] C d ~ Q. 6 G 0 y G tl U y v ~ d .S E A op v ~ s d s u ~ u E ~ 0 ~i n.~ n• vi ao eo 00 00 c ~r c c a v v c c c c > o z c z o z' ° z z I E E E E N M V` O d N 1 z m F N m A c°n Z F U ` m x ~ o v y .0.. ~ .Q _o • o Q 7 •V a CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BID NO. 3935 THIS CONTRACT is made and entered into by and between Big Bird Tree Service a corporation, whose address is 401 E. Wheatland Dallas, TX 76241, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for Wood Grinding Services-Bid Item 2. These products and services shall be provided in accordance with the Specifications for Wood Grinding Services, a copy of which is attached hereto and incorporated herein as Exhibit "A" (or on file in the office of the Purchasing Agent), and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit'B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Specifications for Wood Grinding Services;(F,xhibit "A"). (b) Contractor's Bid. (Exhibit "B"); (c) Insurance Requirements. (Exhibit "C (d) Form CIQ.- Conflict of Interest Questionnaire (Exhibit "D"). (e) 'Ferrns C0-iA, 4-)-W6 bi 610 tird Tree Ser,,'ce 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." S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within seven days (7) days following notice to proceed from City. Or III. TERM OF CONTRACT The initial term of this Contract shall be twelve (12) months from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the City of Denton's option and approval by the vendor, the contract may be renewed for four (4) additional one (1) year periods. IV. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Bid Specifications attached hereto and incorporated herein as Exhibit "A"(or on file in the office of the Purchasing Agent). Contractor warrants that the goods and services provided to City under this Agreement shall be free from defects in material and workmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Contractor following city's acceptance of the work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Compensation for this contract will be paid according to the unit pricing included in the attached Bid Proposal. Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. SAprch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII. INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set forth herein. VII. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. VIII. INDEMNIFICATION Contractor shall release, defend, indemnify and hold the City, its elected officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Contractor under this Agreement or caused by the negligent act or omission or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out of the subject matter of this Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc IX. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shall indemnify and save harmless City against any claim related to or arising from the violation of any such laws, ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. X. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. XI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the work will be sublet to anyone objectionable to City. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc XIII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date of this Contract. XIV. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit of No Prohibited Interest, attached and incorporated herein as Exhibit "D". XVI. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XIX. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XX. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CONTRACTOR BY: OWNER n Name: P1 '6 v) 61 SS e } i l'► t P Title: MAILING ADDRESS PHONE NUMBER FAX NUMBER PRINTED NAME ATT ST: , APPROVED AS TO LEGAL FORM EDWIN M. SYNDER, CITY ATTORNEY CITY OF DENTON, TEXAS BY: CITY MANAGER 0/)C,- DEPART NTAL APPROVAL BY: ~ ! Yee ~Q I ~ ~ Gl ~ -~-i,~ G ~ -~-h t ~S ~ n c1-~C,~ re ► ~s +-)e C?Wevinn c e, b i +i-e Ci` ~t OF Der4on Ccr -koYts c-eGt 61 Bch t b I - ff ~~~~enc~ ~ n~Gr] +ke 1~r ms CI►~CI w► --Fi-Lesic- dccu~r,en S:~prch\Contracts DocumentsM35 Wood Grinding for Compost Facility Big Bird.doc EXHIBIT A SPECIFICATIONS 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 operators, necessary for on site 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 county'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. 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, S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc EXHIBIT A 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. 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. S:Xprch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc EXHIBIT A 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. The City inspects the wood waste for plastic and large metal objects when it is delivered to the grinding area, but cannot guarantee that the grinding pile is free of metal objects. 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 for unexpected jobs. The vendor will mobilize equipment and begin grinding within 7 working days, weather permitting, upon notification by the City. 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 horizontal 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 sucessful 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- S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc EXHIBIT A 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. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc EXHIBIT B CITY OF DENTON ANNUAL CONTRACT FOR WOOD GRINDING SERVICES } ,,~e=} ~ Nt_ ."di.~-5. We~%.':N -1C~~3_ _ t ~ -t L_l•'~'is~:. C"~_~t~~`+,C L_~-vim _7.py3l':•}. .act.}'xAF ' 'i-' ti - =1 'oi L ~ ~ ~ g rr' "5 ~DE~'El--O ~Q~ ~ c ^~-B • ~~~~`i ~ ~ :;,zr'c . : k, - , TQ""' ~r . = y ~ -.z.n:-{f'~LF.'i•,~ n Y .-i`.. f ~r.~ ~ •~t ~:..t-.i Yk~-~'jf- i ..tti: ' r~ . ITEM DESCRIPTION UNITPRICE TOTAL AMOUNT 1 Wood grinding services at Beneficial Reuse Facility All labor, equipment and materials necessary for the grinding of brush, clean construction lumber and other miscellaneous as A $~s CY / `j specified per technical specifications (p. 11) Annual estimated cubic yards: 100,000 I - S Wood grinding services at various locations throughout the City as 2 specified per technical specifications (p. 12) A Grinding/mulching natural materials on site $ 5 Cy 25D0 1 - 10,000 CY - 2 B Grinding/mulching natural materials on site $3-95 Cy fl ,000 10,000 - 20,000 CY C Grinding/mulching natural materials on site $S I CX7 20,000 - 30,000 CY $ CY R D ADD - Materials greater than 12 ft. $ -7 S CY E Mobilization and demobilization $_I OPO per,lob F Cost*reduction if City removes, dispose and dean job site 'I CY RETURN ONE (1) COMPLETE ORIGINAL AND ONE (1) COPY OF EXECUTED BID PROPOSAL Service must be performed within 7 days from receipt of order, weather perm dting. -In case of calculation error, unit pricing shall prevail. I}~. 05l Date Signature of Authorized Representative i ; ee erV(-c(!, Company Name PAGE 1 OF BID #3935 Bidder's Initials CITY OF DENTON ANNUAL CONTRACT FOR WOOD GRINDING SERVICES The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions underwhich 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 bid. The undersigned agrees, if this bid 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 Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser 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 seo., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seg. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: P) f?i rd S uv ce 401 e- oju e 4bnj J)al/as T Y, -75,Rq[ Tel. No. _79M b - 89 L4q AUTHORIZED REPRESENTATIVE: Signature_ Date Name NI CA Philip Title W f'~ r Fax No. ~a7a~o`~~ ~1'~~S Email. \JCthcD . c orr) COMPANY IS: Business included in a Corporate Income Tax Return? YES NO !/Corporation organized & existing under the laws of the State of __.TeKo-s Partnership consisting of Individual trading as Principal offices are in the city of `IJc I) QS PAGE 2 OF BID #3935 Bidder's Initials EXHIBIT C CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed orobtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc EXHIBIT C Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability Form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage 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 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 $300,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. S:\prch\Contracts DocumentsM35 Wood Grinding for Compost Facility Big Bird.doc 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 Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. S:lprch\Contracts Documentsl3935 Wood Grinding for Compost Facility Big Bird.doc [ ] 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 contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, 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; S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. S:\prch\Contracts Documents\3935 Wood Grinding for Compost Facility Big Bird.doc EXHIBIT D CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received Bylaw this .questionnaire must'be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. ~~f~I~SSC('1r Y ~"(L I 2 Check this box if you are filing an update to a previously filed quesbonnalre. ('The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described In Section 176.006(a), Local Government Code. Is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. tv 4. Describe each affiliation or business relationship with a person who Is a local government officer and who appoints or employs a local govemment officer of the local governmental entity that is the subject of this questionnaire. ~~aea ovtarzoos CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only If the Answer to A. B, or C Is YES.) This section, Item 5 including subparts A, B, C & D, must be completed for each officer with whom the filler has affiliation or business relationship. Attach additional pages to this Form CIO as necessary. A. Is the Local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? El Yes E4 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named In this section AND the taxable Income is not from the local governmental enfity? 0 Yes dmo C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local govemment officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes 54No D. Describe each affiliation or business relationship.. N/A Describe any other affiliation or business relationship that might cause a conflict of Interest rill L Signature of person doing business with the governmental entity 03 2-o og Date tim,ded oinarzoos B1'9, B1'rd Tree Service, Inc 401 E. Wheatland Rd, Dallas, TX 75241 Phone: 972-228-8844/Fax: 972-228-8855 Email: bigbirdtreeservice(cD-yahoo.com Website: http://www.bigbirdtreeservice.com EXHIBIT E The Prices quoted in this contract is effective subject to the following conditions... • We can not grind Metal, Dirt, Rocks Concrete, Asphalt, Steel, Sand, and any non- natural wood product. • We can not grind when ground is muddy, and if we are forced to grind for some reason, we are not liable for our machines trampling the brush and logs into the mud, and we are not responsible for any ruts made while ground is wet. • Our Machines can not Grind or Separate Metal, Dirt, Rocks Concrete, Asphalt, Steel, Sand, and any non-natural wood product: But we can only grind natural wood products only. • All work is contingent upon acts of human error and nature. • Our Grinder has a 800-900 Horse Power Capacity. • When grinding, if the city required us to do a second grind for any reason then there will be an additional grinding charge due to the cost of fuel; the City of Denton will be responsible for that additional cost. • We would like to know the percentage of debris, trash or any non-natural wood product before beginning. • We would like to know the percentage of debris, trash or any non-natural wood product mixed in with the wood products. From: FAXmaker To: 19403497302 Pa e: 2/3 Date: 2/26/2008 10:30:04 AM ZiLl ilyu ULK I R IUA I L Ur LIALSILI I MbUKANUL PRODUCER (979)413-0000 FAX (979)413-0011 02/26/2 Q58.: , Bi zInz :'coon THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION' " ONLY AND CONFERS NO RIGHTS UPON, THE CERTIFICATE Assurance Insurance Agency Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR°: 1520 Hwy 159 West , ALTER THE COVERAGE AFFORDED BY THE POLIC IES BELOW. Bellville, _TX 77418 INSURERS AFFORDING COVERAGE INSURED Big Bird Tree Service Inc NAIC# , . 401 E. Wheatland INSURERA: Catlin :Specialty Insurance Co. Dallas, :TX 75241 tia INSuRERB. Texas Mutual Insurance Company INSURER C . I ' NSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING + DO . CUMENT WITH RESPECT TO WHICH THIS, CERTIFICATE MAYBE ISSUED OR'''' MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HE , REIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONSAND CONDITIONS OF'SUCFI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR DD' TYPE OF INSU 11& 11M E POLICY NUMBER P C Y EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY DA Mmn)Drrn LIMI TS X COMMERCIAL GENER 4200201640 04/21/2007 04/21/2008 EACH OCCURRENCE $ 1 000 OOq~ AL LIABIUTY DAMAGE TO'RENTED , , CLAIMS MADE ~ OCCU ~FREL $ 50 , 00( ~ A X MED EXP (Any one person) 1,'OO q ' PERSONAL & ADV INJURY $ 41, OQQ pO ; „ , GEN_ I. AGGREGATE LIMIT APPLIES PER:' GENERAL AGGREGATE $ 2,;00 .,7Q'Q X POLICY JECT LOC PRODUCTS- COtAP/0P AGG $ :r„1, OOQ..OO ` AUTOMOBILE LIABILITY ANY AUTO ' • - COMBI JED SING't_E LIMIT (Ea accident) $ ALL OWNED AUTOS, SCHEDULED AUTOS - ` - BODILY IN,AIRY Per derwn) ( _ $ , ~I; •t . ' HIREDAUTOS - . . NON-OWNED AUTOS BODILY INJURY"":,: :.r % $ (Per accident) PP.OPERTY DAMAGE 1 is (Per accident) GARAGE LIABILITY ' ' ANY AUTO . - - AUTO ONLY - EA ACCIDENT $ y ' . OTHE=R THAPF.' . EA ACC: 3 ~..k- _ t 5, • ,~'t AUTO QNLY. i , . EXCESSIUMBRELLA LIABILITY' 1 - AGG ::r• • :-i` OCCUR ~ CLAIMS MADE EACH OCQIRRENCE _ g - . AGGREGATE.: $.4 DEDUCTIBLE $ RETENTION . $ . , $ woa<ERSCOMP643AnoNANO''' EMPLOYERS'LIABILIT'Y TSF-0001171519 / c 08 19/2007 08/19/2008 wcsTATU : orH X . B'. ANY.PROPRIETOR/PARTNER/EXECUTI'VE OFFICER/MEMBER EXCLUDE07 ' E.L. EACH ACCIDENT( . $ 1 , 000, 00 ✓ . It yes, describe under SPECIA below L PROVISIONS , - E.L. DISEASE- EA EMPLOYE $ir.nOfY .nn . !v r r~ . ' OTHER E.L. DISEASE- P"~'UCY LIMIT : !1 ,000.,SQQ ; 1 SC RIPTION OF PERATI0 NS I LOCATIONS f HICL We C` ~ o= ton,.:its of ici ES EXCLUSIONS ADDED BY DORSEMENT IS? ALP "VISI ECd a~s agents emplo e T ONS L' ` q.FY , , y es ns with 'a waive' of `subro their favor , , an vol unteers s for gl: are named -as additional'.. for gl and workers com ✓GL l i ion =contributory. p- po • c y is primary and -~:•.1; c• ! ~ 4 n b4f t , ` C D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE l ty of enton v Material 'M n e EXPIRAT1o ATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO't 'IL; tl IE, 30 ` a agem nt Di vi sTOn At o a' n AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO$HEL'EFT; ? t : : IC re 5riii th (Senl o r Buyer) 90113 Texas St feet' BUT FAILURE TO MAIL SUCH NOTJCE SHALL IMPOSE TfQ,OBLIGATION OR$,I4BIWTY DentonTX 76209 . OF ANY KIND'UPON THE INSURER, ITS AGENTS OR REPRESENTATNES 4 - L AUTHORIZED REPRESENTATIVE ' ' * Phil Bartlett/BRENT .ACORD 25 (2001/08) FAX: (540)349-7302 . • ©ACORD:CORPORAIIOw .1988: This fax was sent with GFI FAXmaker fax server. For more information visit htt , . p: www.gfl.com From: FAXmaker To: 19403497302 Page: 3/3 Date: 2/26/2008 10:30:04 AM IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies,may .;require.:an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER. i -The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer and the.cerfificate holder nor does it , , affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon . . y : IJ _ C•y ACORD 25 (2001/08): This fax was sent with GFI FAXmaker fax server. 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