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2007-164ORDINANCE NO. ~ZO~ - ~l0 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING ATHREE-YEAR CONTRACT FOR THE CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT AND BAR SCREEN WASTE FOR C[TY OF DENTON WATER RECLAMATION PLANTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3802-THREE-YEAR CONTRACT FOR THE CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE AND DEWATERED MUNICIPAL SLUDGE AWARDED TO ALLIED WASTE SERVICES IN THE ESTIMATED THREE YEAR AMOUNT OF $113,737). 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 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 City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3802 Allied Waste Services 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 to pur- chase 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. _ Y ~~0 E . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY r BY: 3-ORD- ~ 3802 Exhibit A BID # 3802 DATE: July 3, 2007 Three-Year Contract for Container Rental, Hauling and Disposal of Municipal Grit, Bar Screen Waste and Dewatered Municipal Sludge ITEM UOM DESCRIPTION VENDOR Allied Waste Services Principle Place of Business: Fort Worth, 1 ROBSON RANCH LOCATION A MO MONTHLY RENTAL OF 20 CUBIC YARD ENCLOSED $2.33/day CONTAINER $69.90/mo. HAUL CHARGE FOR ROBSON RANCH SITE TO B LOAD PECAN CREEK WATER RECLAMATION PLANT $515.00 DISPOSAL SITE AND RETURN PECAN CREEK WATER RECLAMATION PLANT Z (PCWRP) LOCATION A MO MONTHLY RENTAL OF:20 CUBIC YARD CONTAINER $2.36/day WITH RETRACTABLE COVER $70.70/mo. B LOAD HAUL CHARGE FOR PCWRP TO AUTHORIZED $570.00 DISPOSAL SITE AND RETURN DISPOSAL CHARGE -MUNICIPAL GRIT, BAR C CY SCREEN WASTE, AND;DEWATERED MUNICIPAL Included in SLUDGE haul rate i 3 REQUIRED SURCHARGES IF APPLICABLE (LIST TYPE, UOM, AND COST) SURCHARGE TYPE 1 Environmental Fee SURCHARGE TYPE 1 UOM N/A SURCHARGE TYPE 1 COST 4% SURCHARGE TYPE 2 Fuel Recovery Fee SURCHARGE TYPE 2 UOM N/A SURCHARGE TYPE 2 COST 10% SURCHARGE TYPES N/A f SURCHARGE TYPE 3 UOM N/A SURCHARGE TYPE 3 COST N/A Haul can be made in days from receipt of order. Z CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BID N0.3802 THIS CONTRACT is made and entered into by and between Allied Waste Services, whose address is 801 East College St. Lewisville, TX 75057, 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: I. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for container rental, hauline and disposal of municipal grit, bar screen waste and dewatered slud¢e .These products and services shall be provided in accordance with the Specifications for Bid #3802 , 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 Bid 3802; (Exhibit "A" or on file in the office of the Purchasing Agent). (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." Bid 3802 Container Renlal, Hauling 8 Disposal of Municipal Grit, Bar Screen Waste and Dewatered Sludge II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within N/A. Or III. TERM OF CONTRACT The initial term of this Contract shall be for thirty-six (361 months with the~tion to renew for two L) additional twelve (12) month erp iods. IV. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents trader 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. Total compensation under this contract shall not exceed the sum ofN/A-see Exhibit B Contractor's Pricing Per Month and/or Load. 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 yeaz 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 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. Bid 3802 Container Rental, Hauling & Disposal of Municipal Grit, Bar Screen Waste and Dewatered Sludge 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 neaz 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 azising 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. Bid 3802 Container Rental, Hauling & Disposal of Municipal Grit, Bar Screen Waste and Dewatered Sludge 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. Bid 3802 Container Rental, Hauling & Disposal of Municipal Grit, Bar Screen Waste and Dewatered Sludge 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 awaze 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 conh~ary to any rule or regulation having the force and effect of the law, such decisians 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. Bid 3802 Container Rental, Hauling & Disposal of Municipal Grit, Bar Screen Waste and Dewatered Sludge 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. Bid 3802 Container Rental, Hauling & Disposal of Municipal Grit, Bar Screen Waste and Dewatered Sludge IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CON CTO BY: V Name: e~~'~~.'~ ~'Vl, \~~~-~- Title: c~. L~.~ ~,~-nay MAILING ADDRESS PHONE NUMBER FAX NUMBER PRINTED NAME CITY OF DENTON, TE BY~ ~ CITY MANAGER ~~ ~~ ~-_ DEPARTMENTAL APPROVAL APPROVED AS TO LEGAL FORM EDWIN M. SYNDER, CITY ATTORNEY BY: ~~~ ~ Bid 3802 Container Rental, Hauling & Disposal of Municipal Grit, Bar Screen Wasie and Dewatered Sludge Exhibit B Purchasing Department 901-B Texas St Denton, TX 76209 (940)349-7100 www.dentonpurchasi ng.com Bid #3802 Three-Year Contract for Container Rental, Hauling and Disposal of Municipal Grit, Bar Screen Waste and Dewatered Municipal Sludge BIDS DUE: July 3, 2007 2:00 P.M. Bid submitted by: ALL~F~ (~ ~s'T~ ~~~U rCL~ Company Name. TABLE OF CONTENTS PROPOSAL FORMS ...........................................................................................................1 - 2 BID INSTRUCTIONS AND CONDITIONS ...............:............................................................3 - 8 OPENING DATE, TIME, PROCEDURES, CONTACTS ..................................................3 GENERAL CONDITIONS ........................................................................................... 3 - 6 EVALUATION CRITERIA ................................................................................................ 5 SPECIAL TERMS AND CONDITIONS ......................................................................7 - 8 DISADVANTAGED BUSINESS ENTERPRISES ...................................................................... 9 VENDOR REFERENCES ........................................................................................................10 TECHNICAL SPECIFICATIONS ......................................................................................11 - 12 APPENDIX A ........................................................................................................................... 13 SAMPLE CONTRACT AGREEMENT ....................................................................14 - 20 INSURANCE REQUIREMENTS ...........................................................................21 -28 CONFLICT OF INTEREST QUESTIONNAIRE ......................................................29 - 30 APPENDIX B...... ............................................................................... 31 CITY OF DENTON'S TCLP THREE-YEAR TESTING CYCLE RESULTS ............ 32 - 54 This Tabte of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE - e TOTAL ITEM ~ QTY. DESCRIPTION UNIT PRICE AMOUNT 1 ROBSDN RANCH LOCATION A MO MONTHLYRENTAL OF 20 CUBIC YARD ENCLOSED CONTAINER ~ a,33psa-Oq'1 ~b99o e-c,V,o„n+ HAUL CHARGE FOR ROBSON RANCH SITE TO PECAN CREEK B LOAD WATER RECLAMATION PLANT DISPOSAL SITE AND RETURN ~5lS° ~ 2 PECAN CREEK WATER RECLAMATION PLANT (PCWRP) LOCATION MONTHLY RENTAL OF 20 CUBIC YARD CONTAINER W RH d2,3b q A MO RETRACTABLE COVER ~ Pra= 7a.~~Pfx 'rtl. HAUL CHARGE FOR PCWRP TO AUTHORIZED DISPOSAL SITE AND ftwr NAnL ~B LOAD RETURN - Ti 57a.°O K. HnWC DISPOSAL CHARGE-MUNICIPAL GRIT,64RSCREENWASTE,AND T^6j""~o C CY DEWATERED MUNICIPAL SLUDGE "' j~qT~ REQUIRED SURCHARGES IFAPPLICABLE(LISTTYPE, UOM,AND 3 COST) ~ NmEN~~ F.Lf °~' RETURN ONE (1) COMPLETE ORIGINAL AND ONE (1) COPY OF EXECUTED BID PROPOSAL Haul can be made in ~ -days from receipt of order. "Prices sha0 be bid F.O.B. Denton "In case of calculation error, unit p/ri`cing sball~prevalL ~' °~ ^~~~T / fJIE/~,Dr.~gsrE scc~..r,c~ Date Signature of Authorized Representative Company Name PAGE 1 OF BID # 3802 Bidder's Initials ~ ` CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himselfwith the local conditions underwhich thework 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, ifthis 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 ninety (90) 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 sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. 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: ALta~~a wasTE s~.-<-~,~s k,loro EI-u-~v-r-r Re~m~ `~.o, lrr. i.] arL-n~ . T.Y ~b f!?- -~ AUTHORIZED REPRESENTATIVE: Signature - ` Date ~ .~ o Name7,,,,~r~ ~M>~gue-l~ Trtle ~c~.~ w~sr~ sa(r3- FaxNo._~~7d- 3~v-O ~-9~- Email. Dav~~.TZ1 o~.i¢uw°P.o~Ri.J~.+ • c...-. Tel. No. SIB -33~-~3~1 COMPANY IS: Business included in a Corporate Income Tax Return? / YES NO / Corporation organized & existing under the laws of the State of TL~?cAs Partnership consisting of Individual trading as Principal offices are in the city of PAGE 2 OF BID # 3802 Bidders Initials ©t CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE COMPLETE SET OF ORIGINAL AND ONE (1) COPY OF EXECUTED BID PROPOSAL MUST BE RECENED IN THE PURCHASING DEPARTMENT AT 901-B TEXAS ST, DENTON, TX 76209 ON OR BEFORE JULY 3, 2007 AT 2:00 P.M. QUESTIONS REGARDING SPECIFICATIONS MUST BE SUBMITTED IN VVRn'ING TO THE PURCHASING OFFICE FNE (5) WORKING DAYS PRIOR TO THE BID OPENING. ALL QUESTIONS SUBMI7TEDAFTERTHATDATE WILL NOT BE CONSIDERED TO ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED. All questions regarding the bid and purchasing process should be directed to: Tom Shaw, Purchasing Agent Email: Tom.Shaw@cityofdenton.com Phone: (940) 349-7100 Fax: (940) 349-7302 Directions to the Purchasing Department can be accessed atwww.dentonpurchasing.com (Click on "Directions to our Office") All bids, including a "NO BID", are due in the Purchasing Department by the due date, in sealed envelopes or boxes. All bids must be clearly marked with the name of the Company submitting the bid, the Bid Number and Date and Time of opening on the outside of the envelope/box. Original bid must be clearly marked "ORIGINAL" and contain all original signatures. All proposal pages must be initialed or signed where indicated. All bids will be publicly opened at the date and time listed above or as soon thereafter as practical. The City of Denton does not accept faxed bids. If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible for actual delivery ofthe bid to the Purchasing Department before the advertised date and hourfor opening of bids. If mail is delayed either in the postal service or in the internal mail system of the City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be returned unopened. Bids may be withdrawn at any time priorto the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives priorto award shall be grounds for disqualification. After the official opening, bids become the property of the City of Denton and may not be amended, altered or withdrawn without the recommendation of the Purchasing Agent. The approval of the City Council is required for public works projects. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. Submitted bids shall remain in force for a ninety (90) day period after opening or until award is made; whichever comes first. In case of default after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. The City of Denton will award the bid to the lowest responsible bidderwhile complying with all current state and local laws. The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. PAGE 3 OF BID # 3802 Bidder's Initials ~ CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE The City of Denton is requesting bids for BID FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE AND DEWATERED MUNICIPAL SLUDGE. All bids must be submitted on the attached Bid Proposal Form. All bids shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of bid. City review, inspection, and processing procedures ordinarily require. thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies that are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for non- performance termination. The contract may be terminated by the City upon written thirty (30) days notice prior to cancellation. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, the City of Denton reserves the right to waive any irregularities. The City of Denton reserves the right to acceptor reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. Bids maybe rejected, among other reasons, for any of the following speck reasons: 1. Bids containing-any irregularities. 2. Unbalanced value of any items. 3. Bid price cannot be determined based upon information provided, i.e. missing freight charges, or other fees. Bidders may be disqualified and their bids not considered for any of the following reasons: Collusion exists among the Bidders. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. The Bidder being interested in any litigation against the City. PAGE 4 OF BID # 3802 Bidder's Initials ~ t CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE 4. The Bidder being in arrears on any existing contract or having defaulted on a previous contract. 5. Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. 6. Uncompleted work, which in the judgment of the City, will prevent or hinder the prompt completion. of additional work, if awarded. 7. Any other unresolved issues with the City. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solelywith the proposer. The City of Denton and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful bidder may not assign their rights and duties under an award without the written consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the event of default by the assignee. Hours of operation shall be between 7:00 a:m. and 3:00 p.m., Monday through Friday, excluding City of Denton holidays. Evaluation criteria shall include, but is not limited to the following a. Lowest responsible bidder meeting specification b. Delivery c. Vendor's past performance record with the City of Denton d. City of Denton's evaluation of vendor's ability to perform e. City of Denton's experience with products bid f. Special needs and requirements of the City of Denton Award The City reserves the right to award by line item, section, or by entire bid; whichever is most advantageous to the City, unless denied by the bidder. Quantities indicated on the Bid Proposal Forms are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual -needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Insurance Bidder's attention is directed to the insurance requirements as attached in Appendix A. 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 PAGE 5 OF BID # 3802 Bidders Initials ~ ' CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE award, all insurance. requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. Contractor may, upon written request to the Purchasing Department, ask for clamcation 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. Subcontractors Vendors must disclose all subcontractors and suppliers to be used under this contract prior to award. The successful awarded vendor must submit all changes to the subcontractor/supplier list to the Purchasing Department, Attention: Tom Shaw, Purchasing Agent, Bid #3802, 901-B Texas Street, Denton, Texas 76209, for approval before use on the jobsite. Tax Exemption The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this .contract for the City of Denton may purchase materials and supplies and rent orlease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptrollers ruling #95-0.07 and #95-0.09. PAGE 6 OF BID # 3802 Bidder's Initials CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE SPECIAL TERMS AND CONDITIONS Contract Terms Successful vendor(s) will be awarded athirty-six (36) month contract, effective 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 up to two (2) additional'one (1) year periods, as further explained in Renewal Options. Renewal Options The City of Denton reserves the right to exercise an option to renewthe contract ofthe vendor for additional one (1) year periods, provided such option is stipulated in the Special Conditions and agreed upon in writing by both parties. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial solicitation by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, will be specified in the Special Conditions and include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City will rescind its option and seek a new bid solicitation. Price Escalation and De-escalation The City will implement an escalation/de-escalation price adjustment after the first year. The escalation will be based upon the U.S Department of Labor, Bureau of Labor Statistics, Producer Price Index (PPI) for Industry Data -Other Specialized Trucking, Local (PCU484220484220) (http://www.bls.gov/ppi/home.htm). The price will be increased or decreased based- upon the annual percentage change in the PPI. The maximum escalation will not exceed +/- 5°/a for any individual year. The escalation will be determined annually at the renewal date. Should the PPI change exceed a minimum threshold value of +/-1 %, then the stated eligible bid prices shall be adjusted in accordance with the PPI change not to exceed the 5% limit per year. Cooperative Purchasing The City of Denton encourages Cooperative Purchasing efforts among the governmental entities; therefore it would be in the vendor's best interest to help the City of Denton facilitate this cooperative effort. Should other Governmental Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and rip cing would apply? Yes / No If you, the Vendor, checked yes, the following will apply: " Producer Price Index/PPI is defined by the U.S. Department of Labor: The Producer Price Index (PPI)~Is a family of indexes that measures the average change over [Ime in selling prices received by domestic producers of goads and services. PPI measures price change from the perspective of the seller. This wntrasts with other measures, such as the Consumer Prtce Index (CPI), that measure price change fmm the purchaser's perspective. Sellers' and purchasers' prtces may differ due to government subsidies, sales and excise taxes, and d(Ltribution costs. PAGE 7 OF BID # 3802 Bidder's Initials CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE Governmental Entities utilizing Inter-Governmental Contracts with the City of Denton will be eligible, but not obligated, to purchase materials/services underthe contract(s) awarded as a result of this solicitation. All purchases by Govemmental Entities other than the City of Denton will be billed directly to that Govemmental Entity and paid by that Govemmental Entity. The City of Denton will not be responsible for another Govemmental Entit~s debts. Each Govemmental Entity will order its own material/services as needed. PAGE 8 OF BID # 3802 Bidders Initials CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of Denton's bid process. The Purchasing Department will provide additional clarification of specifications, assistance with, Bid Proposal Forms, and further explanation of bidding procedures to those -DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State of Texas Building and Procurement Commission HUB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program Texas Building and Procurement Commission PO Box 13047 Austin, TX 78711-3047 (512) 463-5872 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: _ TELEPHONE NO. FAX NO . Indicate all that apply: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 9 OF BID # 3802 Bidders Initials ~~ } CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE VENDOR REFERENCES Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. CONTACT PERSON AND TITLE: ~«-L~ w t1,T~C _ TELEPHONE NUMBER: ~il"~ ^ tf4~~f -aL.-y d' SCOPE OF WORK: b-' l.~rr SL_...-p (mil f/+^u. Ls ~ ~ rs pas ~ CONTRACT PERIOD: ~ h t-4~- S GOVERNMENT/COMPANY NAME: LOCATION: ~» Slt~r>7 [~~~ ~ fsn~c~r.-.e 7~ ~l~pS'~ CONTACT PERSON AND TITLE: KENT C'ox k [~ TELEPHONE NUMBER: ~/7 ^ ~~u r33-71' SCOPE OF WORK: S(~bbr~t 13i4.~ SG~1L~µrr(r /fpt.--C.s f Z~is~osl~~C_ CONTRACT PERIOD: c5 la' e rxi-~,S CONTACT PERSON AND TITLE: ~A,-+p., YYJ q ,. ~ ~'r ~La TELEPHONE NUMBER: ~'/~ ~~ °~a'" / SCOPE OF WORK /.i r r m ~Z ~+zLr'lssEs CONTRACT PERIOD: 3 5 ~sr~-S PAGE 10 OF BID # 3802 Bidders Initials ~~ GOVERNMENT/COMPANY NAME: C of AzLr£ LOCATION: glb P~`'~' S-r._ ZIrF , ?~C -7(ov2o GOVERNMENT/COMPANY NAM E: er'r~ of 4~t~4-7 LOCATION: ~d ~ /71 L ~" yc-~~. ~.¢.acs L~-i , Ta- -7 /_ A? 4, CITY OF DENTON THREE YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE SPECIFICATIONS 1. Robson Ranch Treatment Plant: A. The annual estimated number of loads is fifteen (15). B. Product to be transported is dewatered municipal sludge (16-20% solids). C. The container is to be picked up within a maximum of two (2) business days from notification and returned same day. D. The contractor shall supply a 24-hour contact phone number as well as an emergency contact phone number. E. Hours of operation for container pick up and delivery must be 7:00 a.m. until 11:00 a.m:, Monday through Friday except City holidays. F. Contractor must fully comply with all state and federal regulations for handling and transporting municipal sewage by-products. G. State approved manifest must be turned in to City of Denton's Pecan Creek Water Reclamation Plant, Attention: Rusty Willard, Wastewater Reclamation Superintendent, for each load immediately upon return of container. Pecan Creek Water Reclamation Plant: A. The annual estimated number of loads is fifty (50) or 1,000 cubic yards. B. Product to be transported is liquid free municipal grit and bar screenings. C. Contractor must agree to accept the attached City of Denton's TCLP three-year testing cycle results, which includes metals, volatiles & semivolatiles, pH, PCBs, TPH and paint filter, as sufficient to meet requirements for landfill disposals. (Appendix B) 1. If not acceptable, contractor must list ail additional requirements on separate page(s). 2. If there are no additional listings, contractor must verify acceptance of the above listed test results (Section C). D. Contractor must fully comply with all state and federal regulations for handling, transporting and/or disposal of municipal sewage by-products. E. State approved manifest must be turned in to City of Denton's Pecan Creek Water Reclamation Plant, Attention: Rusty Willard, Wastewater Reclamation Superintendent; for each load immediately upon retum of container. F. Container must be picked up within two (2) business days after notification and retumed the same day. G. Hours of operation for container pick up and delivery must be 7:00 a.m. until 3:00 p.m., Monday through Friday except City holidays. H. The contractor shall supply a 24-hour contact phone number as well as an~~/ PAGE 11 OF BID # 3802 Bidder's Initials n CITY OF DENTON THREE-YEAR CONTRACT FOR CONTAINER RENTAL, HAULING AND DISPOSAL OF MUNICIPAL GRIT, BAR SCREEN WASTE, AND DEWATERED MUNICIPAL SLUDGE emergency contact phone number. III. Contacts: A. For technical information regarding this bid, questions should be submitted in writing up to five (5) days prior to bid opening. Serid written questions to Rusty Willard, Wastewater Reclamation Superintendent, 1100 S. Mayhill Rd., Denton, TX 76208 or by fax at 940-349-8613 or by a-mail at Rusty. W i I lard @cityofd enton. com. B. For information regarding the bid process, you may contact Tom Shaw, C.P.M., Purchasing Agent, up to five (5) days prior to bid opening. Please call 940-349- 7100 or send a fax to 940-349-7302 or send an a-mail to Tom. Shaw@cityofdenton.com. IV. Pick Up Location Addresses: Robson Ranch Treatment Plant Pecan Creek Water Reclamation Plant 5495 Florence Road 1100 South Mayhill Road Justin, Texas 76247 Denton, Texas 76208 PAGE 12 OF BID # 3802 Bidders Initials ~~ Exhibit C 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 $I,000,OOO.OOshall 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 $500,000.00 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 Bid 3802 Exhibit C operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain 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 azise 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. Bid 3802 Exhibit C [ ] 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. [ ] 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. Bid 3802 Exhibit C ATTACHMENTI [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 regazdless 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 awazded the contract. Bid 3802 Exhibit C 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 govemmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (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 aze required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a 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; Bid 3802 Exhibit C (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) 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; (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 aze providing services. .i. 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 carver or, in the case of aself-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 govemmental entity. Bid 3802 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 OFFICE USE ONLY Government Code by a person doing business with the governmental entity. Date Receivetl By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ~ Name of person doing business with local governmental entity. 2 Check this box if you are filing an update to a previously filedqu~stionnaire. (The law requires that you file an updated completed questionnaire with the appropriate fling authority not later than September t 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 fled 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. 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 that is the subject of this questionnaire. nmenaea outmaooe CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 s 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 offcer with whom the filer has affliction 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 [o receive taxable income from the filer 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 AND the taxable income is not from the local governmental entity? Yes ~ No C. Is the f ler 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 ~ No D. Describe each affiliation or business relationship. e Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the govemmenial entity Date AmentlaE 01/13/3006 ACORD CERTIFICATE OF , LIABILI TY INSURANCE page 1 of 3 12/12/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie Horth Amarica, inc. HOLDER. THIS CERTIFICATE DOES NOT AM END, EXTEND OR 26 century Elvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Allied Wae[a North Amezica, Inc. ' _$/ INSURERA: American Home A96uranee Cos an 19350-005 (Named Ined. Cont. Below) / ~ / ` -J ' IB500 North Allied Wa INSURER B: Illinois National Ins. Co. 23817-002 l J y Phoenix, AZ 89064 `,~ INSURERC: Ins. Co. of the State of PA 19429-000 ' ~ ~ INSURERD: New Has shire Insurance Company 23841-001 INSURER E: COVERAGES 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 ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOW N MAV HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE OFINSUR LE POLICY NUMBER POgTEVmmFDDTIYYE PATE MMIODIWN LIMITS A X GE NERALLIABILITY GL1595716 1/1/2008 1/1/2009 EACH OCCURRENCE $ 21500 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ 1BB UQ~ _ CLAIMS MADE nOCCUR MED E%P An one person $ PERSONALBADV INJURY $ 2 SBB BBB GENERALAGGREGATE b lO OOO OOO GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG 8 $ QQQ, QQQ POLICY PRO LOC A X AU TOMOBILE LIABILITY CA1607261 1/1/2888 1/1/2889 A X X ANV AUTO CA1607262/ 1/1/2008 1/1/2009 c AUI~INEDSINGLELIMIT aacaeeny g 5000,000 A X ALLOWNEDAUTOS CA1607263 1/1/2008 1/1/2009 eooanN luRY SCHEDULED AUTOS , (Per person) b HIRED AUTOS BODILY INJURY NON-0 WNEO AUTOS (Par accitlenl) $ PROPERTY DAMAGE $ (Peremitlenp GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC OTHERTHAN 5 AUTOONLY: AGG $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE g RETENTION $ $ A WORNERS COMPENSATION AND EMPLOYER ' LI WC5145026 1/1/2008 1/1/2009 X ORV UMirs R ABILITY S A ANY PROPRIETOiUPARTNER/EXECUTIVE WC5145B27 1/1/2888 1/1/2889 EL EA ACCIDENT $ 1 QQQ QQQ H OFFICER/MEMUER EXCLUDED? WC5145029 1/1/2008 1/1/2009 E ISEASE-EAEMPLOVEE $ 1 000 000 If yes, tlesoibe under p SPECIAL PROVISIONS below WC 5145022 1 1 2008 1 1 2009 E. L. OISEASE~POLICY LIMIT 5 1 OOO QQQ C OTHER WC5145025 1 1 2008 1 1 2UU9 C workers Compensation WC5145023 1/1/2008 1/1/2009 $1,000,000 Each Accident D wC5145024 1/1/2008 1/1/2009 S1, ooo, ooo Dieaaea Policy Limit mi Ea h Em 1 OESLRIPTION OF OPERATIONS/LOLATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPELIAL PROVISIONS ' DIV # 538 - Named Insured Includes Allied Waste Services of Fort Worthy City of Denton 9018 Texas S[reet Denton, TX 76209 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE~y,PIRATION GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 L GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANV VINO UPON THE INSURER, ITS AGENTS OR Coll :2200051 Tp1:709652 Cep 9929615 n 1DA0. WI~~ S CERTIFICATE OF LIAB I ILI TY INSURANCE page 2 of 3 12/12/2007 PRODUCER 877-995-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON T HE CERTIFICATE wlllie Horth America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AM END, EXTEND OR 26 century Hlvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Hox 305191 Neahvi lle, TN 3'12305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Allied Waste North America, Inc. INSURER A: Ame ric an Home Assurance Com an 19380-005 (Named Ins d. Cont. Below) 18500 North Allied wa INSURER B'. Illinois National Ins. Co. 23819-002 y Phoenix, AZ 85059 INSURER C: Ins. Co. of the State of PA 19429-000 INSURER D. New Ham shire Insurance Compan 23841-001 I INSURER E: Employers Liability (Stop Gap) coverage for Monopolistic States is included. Additional Workers Compensation Policy: 'Insurance Company Policy # Eff./Exp. Dates New Hampshire Insurance Company WC5149028 01/01/08-01/01/09 Limits: $1,000,000 Each Accident $1, 000, 000 Disease - Policy Limit $1,000,000 Disease - Limit Each Employee The Citv of Denton, its Officials, Agents, Employees and volunteers are additional insured on liability policies if required by written contract.t~ waiver of Subrogation applies if required by written contract. If required by written contract, the General Liability policy will apply as primary insurance and ~ any other insurance to the additional insured shall apply as excess and non-contributory insurance. "Said policy shall not be cancelled, nonrenewed or materially changed without 30 days advance 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. Notice of cancellation will be sent by the Insurer noted above; notice of nonrenewal or material change will be sent by Allied Waste Industries, Riak Management Department." ~oii: « uvvDl ~i~p1:1~yDDS c:erc:YY2`!bl]