2007-142ORDINANCE NO. ~~~~
AN ORDINANCE ACCEPTING COMPETITNE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF WOOD GRINDING SERVICES FOR THE CITY OF DENTON COMPOST
FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTNE DATE (BID 3786-WOOD GRINDING FOR COMPOST
FACILITY AWARDED TO GWG WOOD GROUP, INC. IN THE AMOUNT OF $1.20 PER
CUBIC YARD).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
i
WHEREAS, the City Council has provided in the City Budget for the appropriation offends
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office ofthe CityPurchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOUNT
3786 GWG Wood Group, Inc. 1.20/Cu.Yd.
SECTION 2. By the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal
written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorized to execute a written contract in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ~ day of , 2007.
PERRY cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ,~
APPR VEDA TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-O~ id 3786
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
BID N0.3786
THIS CONTRACT. is made and entered into by and between GWG Wood Group, Inc. a
corporation, whose address is 2797 Millers Ferry Road, Ferris, Texas 75125, hereinafter referred to as
"Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter
referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of
this Contract by the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
L
SCOPE OF SERVICES
Contractor shall provide all labor, supervision, materials and equipme~ necessary for Wood
Grinding for Compost Facility. These products and services shall be provided in accordance with the
Specifications for Wood Grinding for Compost Facility, a copy of which is attached hereto and incorporated
herein as Ezhibit "A" (or on Sle 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 Ezhibit "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 Cttinding for Compost Facility ;(Ezhibit "A").
(b) Contractor's Bid. (Exhibit "B");
(c) Insurance Requirements- (Ezhibit "C")>
(d) Form CIQ -Conflict of Interest Questionnaire (Ezbibit "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 wnflict in any of the provisions of the Contract
documents, the inconsistency or conflict shall be resolved by €~~S P~ 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.°
SlprohYConVacls Doconenb~3788 Woad Gtindinp for Compost F>~lify wllh Ina.doc
II.
TIlNIE OF COMPLETION
Contractor agrees and covenants that all work hereunder shall be complete within fourteen days (14)
days following notice to proceed from City.
Or
III.
TERM OF CONTRACT
The initial term ofthis Contract shall be twelve (12) months from date of award or notice to proceed
as determined by the City of Denton Purchasing Department. At the City of Demon's option and approval
by the vendor, the contract may be renewed for four (4) additional one (1) year periods.
rv.
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 Agreemem 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 workmwship, for a
period of one (L) 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. Total compensation
under this contract shall not exceed the sum of $120,000.
Contractor recognizes that this Contract shall commence upon the effective date herein and continue
in 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 yeaz, shall be subject to Denton City Council approval. In
the evem that the Denton City Council does not approve the appropriation of funds for this contract, the
Contract shall terminarr at the end of the fiscal year for which fiords were appropriated and the parties shall
have no fuNrer obligations hereunder.
S:lprtlilContratts Doaar~eMs~378a Wood Cuinding for Cwnpost Faoirdy with Ina.doc
vI.
PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
Contractor shall at all times exercise reasonable pnxautions 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 azising out of or related to a breach ofthis
duty by Contractor puusuant 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 ofthe elements, or from any unforeseen circumstances in the prosecution ofthe
same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work,
shall be sustained and borne by the Conhactor 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, agerrts, 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 eves 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 cowrsel to be retained by Contractor in
fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a portion
or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be
construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to
indemnify City pursuant to this Contract Contractor shall retain defense counsel within seven (T) business
days of City's written notice that City is invoking its right to indemnification under this Contract Tf
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:~rfi~Cotdiags Documentsl~788 Woad Gabbling ror Compost Fadlily vAlft Ins.doe
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 regnlations whether by Contractor, fb employees, otilcers, .
agents, anbcontractors, 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 enforx~ment
of this Contact. 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 firlfillment of this Contract, that
this Contract shall aot 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 regrrired in the performance of this Contract,
shall not relieve Contractor from its full obligations to City as provided by this Contrast.
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 respondent 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:~prchVContrads noaanenisl3786 Wood Gentling for Cort~u Fadlily aBt~ Ins.doe
x>II.
INSURANCE AND CERTIFICATES OF INSURANCE
Contractor shall procure and maintain foc the duration of the contract insurance wverage 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.
HIIHDRANCES 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 PROIIIBITED 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 prolu'bited interest at any time will
render the Contract voidable. Contractor has executed the Affidavit ofNo prohibited Interest, attached and
incorporated herein as Ezhibit "D"
XVI.
5EVERABILTTY
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 rernaining portions ofthe
Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving
the other party thirty (30) days written notice.
XVII.
TERD'IINATION
City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it
maybe entitled to at law, or inequity or otherwise under this Contract, terminate further work under this
contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with
the understanding that all services being terminated shall cease upon the date such notice is received.
5:lptch~GOntrads pocutrenbt378a Wood Grinding for Canpost Fadlity with Ire.doc
xvm.
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.
XII~L.
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.
X7iiII.
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.
StprchlCOn6acffi pocuments13788 Woos Grimltng ror Compost Faeilfly with Ins.doc
IN WITNESS VVIiEREOF, the parties ofthese presents have execubedthis agecmentin the year and
day first above written.
88-a~-o7
~~~~
.1%4/l~lu5 (,~jrrli ~~rcxas
y/Yly(pmm.S,~IOnJC`xp~/cs D2 -y7 '(D
"" PEGGY J. MCCLAIN
~~~~ MY COMMISSION EXPIRES
FEBRUARY 27 2010
[:nNTRACTOR
~a 54y--~4Od
FAX NUMBER
1~i r K
PRIN'T'ED NAME
CITY OT? DENTON, TEXAS
BY:
CTT'Y MANAGER
C\ ~~~~
DEPARTMENTAL APPROVAL
~~
~~ 7
30/
d2Z
APPROVIsD AS TO LEGAL FORM
EDWIN M. SYNDER, CITY ATTORNEY
.,~~
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PHONE NUMBER
EXHIBIT A
SPECIFICATIONS
All labor, equipment and materials necessary for the grinding of brush, yard waste, clean
construction lumber and other miscellaneous wood products. Material must be ground using a tub
grinder. The City inspects the wood waste for plastic and large metal objects when it is delivered
to the grinding area, but cannot guarantee that the grinding pile is free of metal objects. The City
will notify the successful bidder when approximately 20,000 cubic yards of brush and/ or
construction lumber has accumulated. The size of the wood chips must be suitable for the
composting operation. Material screen size for double grind material shall be 5" x 7" for coarse
material and 2" x 2"for fine material. Tub grinder must be equipped with water supply connection
for dust control.
The City reserves the right to notify successful bidder when approximately 3,000 yards of double
grind or mini mulch is needed for unexpected jobs.
The bidder will mobilize equipment and begin grinding within 14 days of official notification of
award.
S:\prch\Contracts DocumentsG3786 Wood Grinding for Compost Facility with Ins.doc
~1BTT B
CITY OF DE~1
BID FOR dY00D ORINDINO FOR OOT F/RCILJiY
°'6~ case a! eakuls8on error, untt P~9 slm6 P
_ ~. a ~ _ ~ ~ ~xrarc
PAGE 1 OF BID #3788 Biddara Inil`lal~~
"Riess also ba 63d F.QB. D~
crnr of De~rroN
BID FOR WOOD ORINDIND FOR (~I~OBT FdCILtiY
The agrees this bid becarres the property of fhe Cily of Demon otter ftre official
~~-
The undersigned attimrs he has farrlrliartaed hirnselFw~r the brmi owrdAiorra undei'which the work
is to be performed; satisfied hirrrself of the cond'dions of de6refy, handful and storage of
ettui~nerrt and ag other matters that rrmy be irrc~derrtal to the wok, before sutunl~rrg a bid.
The urdersi~led agrees, if this bid is aooepfed, m fumisir any and a8 rvk.es upon which
prices are offered, at the price(s) and upon the terms and oond~Ons in the
Spet~Catiorrs. The period for anoe of this Bid Proposal w~ be sbdy (60) calendar days
unless a different period is noted by the bidder. .
The redersigred afiirtns mat they are duy aumormed m ezecu6e true oordrect, that m's bid has
rrot been prepared in oolhtsforr with arry other Bidden, nor any of the Cry ~ Derrbon, and
brat itle correerrls of the bid have rat been comnrurucated m any other bidder or m any employee
of the City of Den6a1 prior tD the official opening of this bid
Vendor Hereby asslgrrs m purdreswr arty amt all dolma for. overdrarges a~Cia6Bd with this
corrhactwtuch arise underthe antitrust krws oftire United Sffites.15 USCASerifion 1 ., and
which arise urr~ tire andbrrst Paws of tim State of Terms, Tex. Bus. 8 Com. Code,
Ser~ion 15.01, gt~.
The undersigned atfums that they (rave read and do understand the ~ and any
adadvnetrfs corltairred &r mis bid paolcage.
AN ADD ~ CO~ANY;
a s
4 '- r
~PXV I S `Tea~t.s '1.5 t a,5
Tet.N~.a~a-84a-.s~4gb .
,-NY ~:
Bus9rress inducted in a Corporate irloarre Tax Retum? V YES NO
corporation organmed >~ exiling under me ~ws of tire State of TeX i~ S
Parbiersh~ corrsistirlg of
Individual trading as
~,PrinGpal otitoes are 6r the cdy
PAGE 2 OF BID ~i788 Biddr»'s InBels
EXHIBIT C
CITY OF DENTON
INSURANCE REQUIRERAENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly
recommended that bidders confer with their respective insurance cancers or brokers !o
determine in advance of Bid submission the avai/abilHy of insurance cerbf" -cates and
endorsements as prescribed and provided he-ecn. Ilan apparent low bidderfalls to comply
strictly with the insurance requirements, that blddermay be disqualitced from award of the
contract Upon bid award, all insurance requlremer~ts shall become contractual
obligations, which the successful bidder shalt have a duty to maintain throughout the
course of this contract
STANDARD PROVISIONS:
Without limiting any of the other o6/igations or liabilities of the Contrector, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the Cify of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable aRer notification of bid award, Contractor shah file with the Purohasing
Department satisfactory certificates of insurance, containing the bid number and title of the
projecf. Contractormay, upon written request to the Purchasing Department, ask forclanficafion
of any insurance requirements at any time; however, Contractors are strongly advised to make
such requests prior to bid opening, since the insurance roquirements may not be modified or
waived afterbid opening unless a written exception has been submitted with the bid. Conbactor
shall not commence any work or deliver any material until he or she receives notification
that the contact has been accepted, approved, and signed by U-e City of Denton.
All insurance policies proposed orobtained in satisfaction of these requirements shah comply with
the following general specfications, and shat! be maintained in complcance with these generl
specficafions 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
sell-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.
SWtehlCOntreds Docufronls~3788 Wood Grinding for Compost Fedlity vAM Ins.doc
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 polides shall be endorsed to read:
"SAID POLICY SHALL NOT 8E CANCELLED, NONRENEWED OR MATERIALLY
CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITE EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 70 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED".
Should any of the required insurance be provided under aclaims-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 expiretion,
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
Liabiliiy 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. H insurance is not reinstated, City may, at its sole option, terminate this
agreement effective on the date of the lapse.
S:~prch~Contrads poaimeMs~3766 Wood Gdnding fa Compost FacirdywlM Ins.doc
SPECIFIC ADDITIONAL INSURANCE REQUIREAflENTS:
All insurance policies proposed or obtained in satisfaction ofthis Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these
additional spec cations throughout the duration of the Contract, or longer, ff so noted:
(X ] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than 5500.000.00
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 I'iability covering this contract
and broad form property damage overage.
Coverage B shall indude 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 indude at feast:
Bodily injury and Property Damage Liability for premises, operations,
products and ompteted operations, independent ontractors and property
damage resulting from explosion, collapse or underground (XCU) exposures.
Broad form ontractual liability (preferably by endorsement) overing this
ontract, 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 5300.000.00 e'rfher in a single policy or in a ombination of
basic and umbrella or excess polides. The policy will indude bodily injury and properly
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in onjunction with this ontrad.
5:1prcMCOntracts Docwmnts~788 Wood Odndltg for Compost Faa'fity wBh 6q.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 Empbyers 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 6e
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 §408.096 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 Owners 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 Contractors operations under this wntrad. Coverage shall be
on an "axurrence" 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
cembined bodily injury and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liabiliiy Insurance
Coverage is required 'rf Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less
than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required
under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
5;1p~cMContraclg t)ocumen1sl47Bti Wood Grinding for Compost Fadlity vrith Ina.doo
[ J Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside%utside
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,
inGuding new hires. This type insurance should be required if the contractor has access to
Cfty funds. Limits of not less than each occurrence are required.
[) Additional Insurance
Other insurance maybe 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 "Speafic Conditions" of the contract specifications.
S:lprehlConlraUS Documenta~786 Wood Grind'og for Compost Facility wkh Ims.doc
ATTACHMENTI
[X] 1Norker's Compensation Coverage for Building or Construction Projects for
Governmental Frttitles
A Definitions:
Certficate of coverage ("certficate"}A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (T1NCG
81, TWCC-82, TWCG83, 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 -indudes the time from the beginning of the work on the project
until the contractor'sJperson's work on the project has been completed and accepted
by the governmental entity..
Persons providing services on the project ("subcontractor" in §406.096) -indudes all
persons or entities perfonning aII or part of the services the contractor has undertaken
to perform on the project, regardless of whetherthat person contracted directly with the
contractor and regardless of whether that person has employees. This indudes,
without limitation, independent contractors, subcontractors, leasing companies, motor
carvers, owner-operators, employees of any such entity, or employees of any entity
which furnishes persons to provide services on the project "Services" incude, 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 dassificetion
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requiremerrts 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 certficate 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:WrcMContrads Doaimenb~378s Wood Grinding for COmPOS~ Fadlily wCh Ins.doe
(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, 'rf 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 lade 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 401.01.1(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 cert~cate
of coverage showing extension of coverage, ff 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) anew 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:lprchMantrada Doamentsti1788 Wood Qinding for Compost Fadfilyw~h tre.doe
(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(fi) 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 pertorm 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 classfication 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 penalfies; 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 voidif
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
S:lprchlCon6aUs Documems13788 Wood GMding for compost FaalilywM Ins.doc
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY
Government Code by a person doing business with the governmental entity. Dace R~;~~a
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Ciass C misdemeanor.
t Nam of person doing b ~ n ss with local governmental entity.
z
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate fling authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and
not later than the 7th business day after.the date the originally filed questionnaire becomes incomplete or inaccurate.)
s Describe each affiliation or business relationship with an employee or contractor of the localgovemmentalentitywhomakes
recommendations to a local government officer of the local governmental entity with respect to expenditure of money.
4 Describe each affiliation or business relationshi with a erson who is a local overnment officer and who a
p p g ppoints or
employs a local government officer of the local governmental entity that is the subject of this questionnaire.
Pmantletl 01 H 32006
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
b Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the
answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or
business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local govemment officer named in this section receiving or likely to receive taxable income from the fler of the
questionnaire?
Yes 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 ANr\}D-theme/taxable income is not from the local governmental entity?
Yes ~ No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves
as an officer ofdirector, or holds an ownership of 10 percent or more?
Yes / No
f
D. Describe each affiliation or business relationship.
6 Describe any other affiliation or business relationship that might cause a conflict of interest
7
~ ~~ -~7
Signature of person doing business vnth t governmental entity Date
nma~aea a in sizoos
.i'~
CORD CERTIFICATE OF LIABILITY INSURANCE DATE
A DBn7/2DD7
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
DIVERSIFIED INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
BOX 668
0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
p.
.
404 N MCCOY BLVD INSURERS AFFORDING COVERAGE
NEW BOSTON TX 75570-
WsuREO INSURERA ACCEPTANCE INDEMNITY INS. CO.
G W G WOOD GROUP, INC. INSURER B.SOUTHERN COUNTY MUTUAL INS CO
2201 LONG PRAIRIE RD. INSURER C:ACCEPTANCE INDEMNITY INS. CO.
SUITE 107 LOCK HOX 310 INGURER D:AIG INSURANCE COMPANY
FLOWER MOUND TX 75022-4964 INSURERS
rm,oonr_cc
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV
REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV 8E ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS.
INSR
LTR TYPE OFINBURANCE POLICY NUMBER POLICY EFFECTIVE
°ATE MM/DD POLICY IXPIRATIDN
DATE MMIDO DMNS
A GENERAL LIABILITY CL0005$$63 02/25/2007 D2/25/2DDB EACH OCCURRENCE g 1. DDD, DDO
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE An mefve E 100,000
CLAIMS MADE ~ OCCUR MED EXP An ma an E $,000
PERSONgl BAOVIWURY 8 1, 000, 000
GENERAL AGGREGATE E 2, 000, 000
GEN'L AGGREGATE UMIT APPHES PER.- - PRODUCTS-COMP/OP AGG E 2.000.000
PRO
POLICY JECT LOC
H AU TOMOBILE UABILRV STC$$3728-4 12/16/2006 12/16/2007 COMBINED SINGLE LIMIT
X ANY AUTO (Ea acdamt) g 1,000,000
ALL OWNED AUTOB BODILY I WURY
SCHEDULED AUTOS (PeT FersoR) E
HIRED AUTOS
BODILY I W URY
NON-0WNED AUTOS (Pataaident) g
PROPERTY DAMAGE
(Pera¢iDenO S
GARAGE LIABILITY AUTOONLY-EA ACCIDEM E
ANV AUTO OTHER THAN EA ACC E
AUTO ONLY.- qGG E
C EXCESS LU\BILffY OLDDD D$484 D2/25/2DD7 D2/25/2DDB EACH OCCURRENCE E 1, ODD, OOD
OCCUR ~ CLAIMS MADE AGGREGA4E E 2, 000, 000
' g
DEDUCTIBLE E
~
RETENTION $ E
D WORKERS COMPENSATION AND
EMPLOYERS LIABILITY WC 336-62-82 D2/25 /2DD7 D2/25/2DDB X TO SLIMITS OER
EL EACH ACCIDENT - g 1, 000, 000
.. EL DISEASE-EA EMPLOYEE S 1,000,000
EL DISEABE-POLICY LIMIT E 1,000,000
OTHER
g PHYSICAL DAMAGE STC$$3728-4 12/16/2006 12/16/2007 ria°D nenncxxnxe
DESCRIPNON OF OPERATIONS4pCATIONSIVEHICLESIE%CLUSIONS ADDE° BV ENW RSEMEM/SPECIAL PROVISIONS
SAID POLICY SHALL NOT HE CANCELLED, NONRBNEWEO OR MATHAIALLY CHANGE WITHOIIT 30 DAYS ADVANCED WRITTEN NOTICE H8IN0
GIVEN TO THE OWNHR (CITY) EXCBPT WHEN TH8 POLICY IS BEING CANCELLED POR NONPAYMENT OP PREMIDM ZN WHICH CASE 10 DAYS
ADVANCE WRITTEN NOTICE IS RHQIIIRED.
CHRTIPZCATB HDLD IS ALSO ADDITIONAL INSIIRHDTHB CITY OP DENTON, ITS OPFICIALH, AD8NT5, EMPLOYBES AND VOLDNTE&RS.
C.FRTIFIrATF HOI DFR X 1 nlllllTNINAI INRIIRFD~ INCIIRFR LETTER' CANCELLATION
SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
IXPIRATION °ATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
3 D DAYS WRITTEN NOTCE TO THE CERIIFlCATE HOLDER NAMED TO THE LEFT, BUT
CITY OF DENTON FAILURE TO OO SO SHALL IMPOSE NO OBDGATON OR UABILTTY OF ANY KIND UPoN THE
9D1 8 TERAS ST INSURE RS AGENTS OR REPRESENTATIVEB.
AUTHORQED REPRESENTATNE
DENTON TX 76209-
ApCORD 25S (7/97) ®ACORD CORPORATION 1988
V6.r: INS025S (0810).01 ELECTRONIC LASER FORMS, INC. -(BOOI32TU50.5 PaBa t of 2