Ordinance No. 11,601ORDINANCE NO. 11,601
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, "I'EXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF
PASADENA, TEXAS, FOR A WOOD GRINDING AND MATERIAL HANDLING
SERVICES CONTRACT; AUTHORIZING A SUPPLEMENTAL AGREEMENT
WITH NOVUS WOOD GROUP, L.P., CONCERNING THE SAME; AUTHORIZING
PAYMENT BY 111E CITY OF BAYTOWN 61,' AN AMOUNT NOT TO EXCEED
TWO HUNDRE-ID EIGFITY-TWO THOUSAND AND NO/100 DOLLARS
($282,000.00); MAKING OTHER PROVISIONS RELATED THERETO;AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED ICY 'ri-jr,", CITY COUNCIL, OFTHE CITY OF BAYTOWN, TEXAS:
Section 1: That the city Council of the City of Baytown, Texas, hereby authorizes and
directs tile City Manager to execute and the City Clerk to attest to an interlocal agreement with the City of
Pasadena, Texas, for a Wood Grinding and Material Handling Set-vices Contract. A cop), of the
agreement is attached hereto as Exhibit "A" and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to a Supplemental Agreement with Novus
Wood Group, L.P., for a Wood Grinding and Material I-landfing Services Contract, A copy of the
agreement is attached hereto as Exhibit "B" and made a part hereof" for all intents and purposes.
Section 3: That the City Council of the City of Baytown authorizes payment to Novus
Wood Group, L,P., in all amount not to exceed TWO HUNDRED EIGHTY-TWO THOUSAND AND
NO/100 DOLLARS ($282,000.00) in accordance with the Interlocal Agreement and Supplemental
Agreement authorized hercin.
Section 4- That in addition to the arnountspecified' in :Section 3 hereof, the City Manager is
hereby granted general authority to approve a decrease or an increase in costs by TWENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($25,000,00) or less, provided that the amount authorized in
Section 3 hereof may not be increased by more than twenty-five percent (25%).
Section 5: This ordinance shall take effect immediately from and after its passage by the
City council of the City of Baytown. 11117
INTRODUCED, READ and PASSEL by the affirmative vote oft City Council of the City of
Baytown this the 10"' day of March, 20 11, A!<�
. ... ... PHEN 1-1. DONCARLOS, May r
CIA (,,P'IZYSCI,-I, Cify
APPROVED AS TO FORM:,
<M* A C 10 R. A M I REZ"'--,§r-i-., . C . i 6y Attorney 4 —
Counc&OrdinancesQOI I'Maich I 011asademaln ter] acal0rdi nance.doc
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INTERLOCAL AGREEMENT
FOR THE WOOD GRINDING AND MATERIAL HANDLING SERVICES
CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement made this then I51-day of �0..K2L- , 2011, between the City of
Baytown,Texas, a home-rule municipal corporation located in Harris and Chambers Counties,Texas,and
the City of Pasadena,Texas, a home-rule municipal corporation located in Harris County,Texas.
WITNES SETH
Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Tex. Gov't Code Ann.
§§791.001, et seq) providing for the cooperation between local governmental bodies and pursuant to
Subchapter F entitled "Cooperative Purchasing Program" containing Sections 271.101 and 271.102 of the
Texas Local Government Code, the parties hereto, in consideration of the premises and mutual promises
contained herein agree to as follows:
I.
The City of Baytown ("Baytown") hereby designates its Purchasing Manager to act under the
direction of and on behalf of Baytown for the Wood Grinding and Material Handling Services Contract
with Novus Wood Group, L.P. ("Novus"), which was let in accordance with Chapter 252 of the Texas
Local Government Code and all other applicable laws and which agreement, approved by City of
Pasadena Ordinance No. 2010-279, is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
II.
Baytown, by execution of this Agreement, agrees to directly pay Novus after completion and
acceptance of the work specified in each work order for Baytown's wood grinding and material handling
services program, and after receipt of a proper invoice therefor an amount based upon the unit pricing
detailed in the attached agreement.
Neither Pasadena nor Baytown shall assume any responsibility or liability to pay for materials
purchased or services performed for the benefit of the other entity. Baytown's payment required by this
article shall be made from current, available revenues. Furthermore, both parties agree that the payment
required herein fairly compensates Pasadena for any services or functions required to be performed under
this Agreement. In obtaining the services of Novus through Pasadena, Baytown has relied solely on its
own inspections,investigations and due diligence regarding the services and Baytown acknowledges that
Pasadena has made no representations or warranties expressed or implied with respect to the services to
be rendered.
lnterlocal Agreement.Page 1
III.
This Agreement shall take effect upon execution by the signatories and shall serve as each
governmental body's commitment pertaining to Baytown's purchase of the items referenced in Article I
hereof.This Agreement has been authorized by the governing bodies of the parties hereto.
IV.
This Agreement shall be in effect from and after the date first noted hereinabove, which is the
date of execution by Baytown.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their
authorized officers the day and year specified in Article IV.
CITY BAYTOWN CITY OF PASADENA
�_ L _ L 'OF��,
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T . LEIPER, City Man er Signa �=
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(Printed Name
0'1Aya2
(Title)
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A . '�►: °: ¢ ATTEST:
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LE''4G'. 1,?RYSCp,.s; 7Clerk (S e)
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1`V. LIu0R �orzice._
(Printed Name)
eliy SECRETARY
(Title)
APPROVED AS TO FORM: APP 0 ' - 0 RM:
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CIO RAMIREZ, SR., 6 Attorney L ,City Attorney
APPROVED S T FUND
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MIKE A.LESTER,Interim Director of Finance
R:\karen\Files\Contracts\Wood Grinding and Material Handling Contract\INTERLOCAL AGREEMENT 2011.doc
lnterlocal Agreement,Page 2
Exhibit "A"
ORDINANCE NO. 2010- oT
An Ordinance authorizing and approving a contract between the City
of Pasadena, Texas and Novus Wood Group, LP for wood grinding and
material handling service for the City of Pasadena for a period of
one year.
WHEREAS, Novus Wood Group, LP submitted the sole
responsive bid meeting all specifications received November 15,
2010; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA:
SECTION 1. That that certain contract, a facsimile of which is
annexed hereto, incorporated herein for all purposes and designated
Exhibit "A ", by and between the City of Pasadena, Texas and Novus
Wood Group, LP of Texas for wood grinding and material handling
service for the City of Pasadena, Texas for a period of one (1)
year beginning on or about the date of final City Council approval,
with an option of two, one -year renewals in 2011 and 2012,
according to specifications as set forth in Notice to Bidders and
bid /proposal of Novus Wood Group, LP received pursuant thereto on
November 15, 2010, is hereby authorized and approved.
SECTION 2. That the City Council finds that such contract is
reasonable and necessary, and the Mayor of the City of Pasadena,
Texas is hereby authorized and directed to execute and the City
Secretary to attest for and on behalf of the City the annexed
contract document and counterparts thereof.
SECTION 3. That the City Council officially determines that a
sufficient written notice of the date, hour, place and subject of
this meeting of the City Council was posted at a place convenient
KPurchAnn.WoodGrindin910
A 1.
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
confirms such written notice and the contents and posting thereof.
(SIGNATURE AND APPROVAL - NEXT PAGE)
XPurchAnn.WoodGrindinglo
r
PASSED ON FIRST READING by the City Council of the City of
Pasadena, Texas in regular meeting in the City Hall this the
=yt day of ' , A. D., 2010.
APPROVED this the day of , A. D., 2010.
J NNY SB L, YOR
0 PASADENA, TEXAS
LI1MA RORICK ;
f
s
` ORDINANCE N0. AorD�227 A
C O N T R A C T
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
This Agreement is made and entered into this IVL day of
A. D., 2010, by and between the City of
Pasadena, Texas, a municipal corporation situated in Harris County,
Texas (the "City "), and Novus Wood Group, LP of Texas (the
"Contractor ").
In consideration
of
the covenants
and agreements
hereinafter
contained the parties
do
hereby agree
as follows:
I.
It is agreed that the following documents, to -wit:
Notice to Bidders, Proposal to the City of Pasadena, Texas, Payment
Bond, Performance Bond, if any, General Conditions of Bidding, and
General Specifications for wood grinding and material handling
service for the City of Pasadena, Texas for a period of one (1)
year beginning on or about the date of final City Council approval,
with an option of two, one -year renewals in 2011 and 2012,
according to specifications as set forth in Notice to Bidders, and
bid received pursuant thereto on November 15, 2010, as well as any
and all addenda, are a part of this contract as if set out in full
at this part of the contract. Each of the parties hereto agrees to
carry out and perform each and all of the provisions of said
documents upon its part to be performed.
KPurchAnn.WoodGrindingl0
EXHIBIT "A"
r
a
II.
Contractor agrees to supply and deliver wood grinding and
material handling service to the City according to the
specifications and formal proposal attached hereto.
III.
City agrees to pay to Contractor the amount according to
the terms as set out in the aforesaid documents and specifications.
IV.
The continuance of this contract is subject to and
dependent upon appropriation of the necessary funds by the City
Council and City reserves the continuing right to terminate at the
end of each fiscal year.
M
If Contractor fails to perform any term of this contract,
including specifications and bid, City may terminate this contract
upon fifteen (15) days' written notice to Contractor, or City may
terminate this contract at any time without cause upon thirty (30)
days written notice to Contractor.
KPurchAnn.WoodGrinding10
r
r
In Witness Whereof, the City has caused this contract to
be signed in its behalf by the Mayor, and Contractor has executed
this contract the day and year first above written.
A
All
7
LI WA 0 ICK
CITY-,;SECRETARY"
CITY OF PASADENA, TEXAS
THE CITY OF PASADENA, TEXAS
Pit?
AN
LEX, -S iB��
CITY ATTORNEY
CITY OF PASADENA, TEXAS
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the day of
2010 by JOHNNY ISBELL as MAYOR of the
C ty of Pasadena,�Texas.
NOTARY PUBLIC IN AND FOR
THE STAI
TEX
Name: �m u lIier
My Commission expires:
No^b& P A QJ I
KPurchAnn.WoodGrindingl0
*_ I MA F. MUELLER OMMISSION EXPIRES Wnbsi 17, 201 t
t
T
ATTEST:
THE STATE OF TEXAS §
COUNTY OF HARRIS §
NOVUS WOOD GROUP, LP
iy�
PRESIDENT
his instrument was acknowl q befo me on theow day
of 2010 by 1 the
of NO US WOOD GROUP, LP a
cosperatttrn on behalf of said
L►4, ,vitlo ** s4%0 ,G f� ,�,lb-s
My Commission expires:
JENNM J. GUERRA
MU :tan EVhs
OotaEer 20.2013
KPurchAnn.WcodGr1ndtn910
NOTARY PUBLIC IN AND OR
THE STAT (�',.�
Name: V �jJ � Y
PURCHASING OFFICE
1211 SOUTHMORE, SUITE 201
PASADENA. TEXAS 77502
713 -47S -5532
FAX 713 -172 -0144
ORIGINAL
cosu�
;. .
sue"f r TO:
CITY OF PASADENA
12�119OU MOOKsum115
Invitation for Bids (IFB)
PASADENA. TX 77502
MAiLUIG DATE
TITLE
NUMBER
CLOSING DATE & TIME
October 24, 2010
Wood Grinding Services, On & OH Site
10 -035
November 15, 2010
4:00 PM CST
PRE-1310 OATE. TIME AND LOCATION
November 8, 2010
1:30 PM
Main Conference Room
1211 Southmore
Pasaden a. TX 77502
NAME OF PARTNERSHIP. CORPORATION OR INDIVIDUAL
TAXPAYER icum ICATION NUMBER
WO&A Aral 0
7b— o4!no7e
KAILING ADDRESS
NO BID: If not aib nWq a b4 state reason bebn and return one cope of tWs form
is woh.�1�
CITY- STATE -ZIP
0o t� 7 Z 0 34
PN;
EMAIL:
Z81- az— ID00
!6 jj k4rA& 'w"dh e
FX:
WEB ADDRESN
28 t • UZ -1474
www vvs woo
r
TOTAL BID AMOUNT:
DIShety: Cabxbr days altar reass of Rod= Omltr
daYS (ARO)
/1).3. O. 0 0
—Z
Bidt am firm for Aco wma for 9D days
Payment Temp:
Yes-W No ❑ Other ❑
D %. net 3Q
I certify that Oils bid is made without Prior understanding, agreement, or connection with any corporation, firm, or person submitting a bld for the
same materials, supply, or equipment and 19 In all respells talc and without ce4uslan or ffaud. I agree to abide by all condRlals of this bid and mrtlty
that I am authorized to sign this bid for the bidder. In submitting a bid to the City of Pasadena the bidder offers and agrees that If the bid is accepted,
the biddei will convey, sell, assign or transfer to the Qty of Pasadena all rights, titles and Interest In and to all causes to action it may now or hereafter
acquire under the Anti -that laws of the United States and the State of TX for price fWng relating to the particular commodities or services purchased or
acquired by the City of Pasadena. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final
payment to the bidder.
AUTHORIZED SIGNATUR DATE
PRINTED NAME /TITLE
� Jt� Aims '
Pbese Intlo W au . I acknWedMe receipt of the foi tuft addendum
Addendum ctrl Addendum A2 _ Addendum o]I _ Addendum o4
Please note the following:
• This page must be completed and retumed with your bid
• Bids must be submitted In a sealed envelope, marked with bid number & closing date.
•
Bids received after the above dosing date and time will not be accepted.
r_
ORIONAL
City of Pasadena w � t�L �_�_•I
�f t
PURCHASING OFFICE • °
1211 SOUTHMORE, SUITE 201
PASADENA. TEXAS 77502
713 - 475 -5532
FAX 713 -472 -0144
SUBMIT TD:
QTY CF PASADENA
CITY TORE,SITE
t2ll 90tfTIiMORE, SUITE lIS
Invitation for Bids (IFB)
PASADENA, TX 77502
MAiUNG DATE
TITLE
NUMBER
CLOSING DATE b TIME
October 24, 2010
Wood Grinding Services, On & Off Site
10 -035
November 15, 2010
4:00 PM CST
PR&BtD DATE. TIME AND LOCATION
November 8, 2010
1:30 PM
Main Conference Room
1211 Southmore
Pasadena, TX 77502
NAME OF PARTNERSHIP, CORPORATION OR INDIVIDUAL
TAXPAYER IDENTIFICATION NUMBER
os j
76 — o6! 76 7e
MAKING ADDRESS
NO BID: If not sutimlttin0 a bid, state mason below and ream one copy of this fpm
wotr�l�
CITY-STATE-ZIP
osr twos -77034
PH:
EhUUI:
Z81- ZZ-11>00
e4fif
FX:
wEB ADD
281- '542--14744
WbVW vvs wdo
. v .
TOTAL BID AMOUNT:
Dellvety: Calendar days after reoelpt of Purthase .
days(ARo'
03 0 . 00
—7—
Bids are firm for Acceptance for 90 days
Payment Terms:
Yes or No ❑ Other ❑
O %, net 3A
I testify that this bid Is made without prtor understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the
same mateials, supplies, or equipment and Is In all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify
that I am authorized to sign this bid for the bidder. In submitting a bid to the Qty of Pasadena the bidder offers and agrees that d the bid Is accepted,
the bidder will convey, sell, assign or transfer to the Qty of Pasadena all rights, titles and Interest In and to all causes to action It may now or hereafter
acquire under the Anti-trust tam of the United States and the State of TX for price fodag relating to the particular eontmoditles or services purchased or
acquired by the City of Pasadena. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final
payment to the bidder.
AUTHORIZED SIGNATUR DATE
PRINTED NAMEITITLE
DD
Please Initial by aft gist ap . I adanowledge recalo of the fWWMng addendum
Addendum fl! Addendum p2 r---, Addendum #3 _ Addendum 04
Please note the following:
• This page mus ba completed and returned with your bid
• Bids must be submlt&ed in a sealed envelope, marked with bid number & closing date.
• Bids received after the above closing date and time will not be accepted.
�
ORIGINAL
Legal Notice
NOTICE TO BIDDERS
BID NO. 10 -035
The City of Pasadena, Texas intends to purchase and invites you to submit a sealed bid for
Wood Grinding Services, On & Off Site
Sealed bids In duplicate will be received by the City of Pasadena, Texas on or before 4:00 pm Monday,
November 15, 2010 in the Office of the City Secretary, Room 115, 1211 Southmore Ave., Pasadena,
Texas 77502. Bids will be publicly opened and read on November 16, 2010 at the 7:30 pm City
Council meeting.
A pre - submittal conference will be conducted on Monday, November 8, 2010 at 1:30 PM at the City Hall
Main Conference Room located at 1211 Southmore, Pasadena, TX 77502 to answer questions regarding
the bid requirements. All prospective Bidders are encouraged to attend. Nqn- attendance on the Part of a
Invitation for Bids documents may be obtained via the Internet by contacting DemandStar.com or from
the City of Pasadena Purchasing Department web page at W &I.ggeadena.tx.us. If you do not have
Internet access, you may obtain the documents by calling DemandStar by Onvia at (600) 711.1712 and
request document number # 10 -036 or contact the Purchasing Office at 1211 Southmore, Pasadena,
Texas, 77502, (713) 475 -5532.
IFBs may be either mailed or hand delivered to the City Secretary's Office, 1211 Southmore, lot Floor,
Roam 115, Pasadena, TX 77502. Any IFB's received after the above stated time will be returned to the
bidder unopened.
The City Council reserves the right to waive any informalities or minor irregularities; reject any and all
bids/proposals which are Incomplete, conditional, obscure, or which contain additions not allowed for;
accept or reject any bids /proposal in whole or in part with or without cause; and accept the bid/proposal
which best serves the City.
CAUTION: It is the bidder's/proposer's responsibility to ensure that bids/proposals are received In the City
Secretary's Office prior to the date and time specified above. Receipt of a bid /proposal in any other City
office does not satisfy this requirement.
Published in the Pasadena Citizen
Publish: October 24, 20110
Publish: October 31. 2010
3Cwraw by Codes 020-04. 595-95. 988-59 IFS 010.O0M GJNX. On & ON Site
TABLE OF CONTENTS
PART I - STANDARD PURCHASE DEFINITIONS (IFB) ............................................................ ............................... 1
PART II — GENERAL REQUIREMENTS FOR BIDS .................................................................... ...............................
3
PART III - SPECIAL CONDITIONS .............................................................................................. ...............................
9
PARTIV - SPECIFICATIONS ...................................................................................................... .............................10
PARTV - BID PRICING SHEET .................................................................................................. .............................11
DEVIATIONS FROM SPECIFICATIONS ..................................................................................... .............................13
INSURANCE REQUIREMENTS .................................................................................................. .............................14
CERTIFICATE OF INSURANCE COMPLIANCE ......................................................................... .............................16
NON - COLLUSION AFFIDAVIT .................................................................................................... .............................17
SOLICITATIONQUESTIONNAIRE .............................................................................................. .............................18
BIDDERREFERENCES .............................................................................................................. .............................20
LOCAL BIDDER PREFERENCE CLAIM FORM ....... :................................................................................................
21
FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY .................................................... ...............................
23
CONFLICT OF INTEREST QUESTIONNAIRE .......................................................................... ...............................
24
1
A (MIGI
Commodity Code: 020.04, 595 -95, 888.59 IFB Services, On 8 ON Site
CITY OF PASADENA
PURCHASING OFFICE
PART I — STANDARD PURCHASE DEFINITIONS (IFB)
The City will use the following definitions In instructions to bidders, terms and conditions, special provisions, technical specifications and any
other solicitation documents.
Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall
control, unless othenMse defined in the Contract.
1. Addendum means a written instrument issued by the Contract Awarding Authority that modifies or clarifies the Solicitation prior to the
Due Date. 'Addenda' Is the plural form of the word.
2. Alternate Bid means multiple Bids with substantive variations from the same Bidder in response to a Solicitation.
3. Appropriate, Appropriated, or Appropriation means the adoption by the City Council of the City of a budget for a fiscal year that includes
payments to be made under the Contract during the respective fiscal year.
4. Bb is a complete, properly signed response to an invitation for bid, which H accepted, would bind the Bidder to perform the resuhent
ControcL
5. Bidder is a person, firm, or entity that submits a Bid in response to a Solicitation. Any Bidder may be represented by an agent after
submitting evidence demonstrating the agent'e authority. The agent cannot certify 13s to his own agency status.
S. Bid Guaranty guarantees that the Bidder (a) will not withdraw the Bid within the period specified for acceptance, and (b) will execute a
Contract and famish required bonds and any necessary insurance within the time specified in the Solicitation, unless a longer time is
allowed by the City. The guarantee will be returned to the Bidder upon execution of a Contract
7. Bids are responses to an Invitation for Bids.
8. City means the City of Pasadena, a Texas home -rule municipal corporation.
9. Construction means the construction, repair, rehabilitation, alteration, conversion or extension of building. parks, utilities, streets or other
Improvements or aheraticns to real property.
10. Contractor means the person, firm or entity selling goods or services to the City under a Contract.
11. Detiverabtes means the goods, products, materials, and/or services to be provided to the City by a Bidder.
12. Due Date means the date and time specified for receipt of Bids.
13. Goods are supplies, materials, or equipment
14. Invitation for Bid (IFB) means a Solicitation requesting pricing for a specified Good or Service which has been advertised for Bid in a
newspaper.
15. Lowest Responsible Bid means the Bid meeting all requirements of the specifications, terms, and conditions of the Invitation for Bid
resulting in the lowest cost to the City In a total cost concept or based solely an price, taking Into consideration the financial and practical
ability of the Bidder to perform the Contract, past performance of the Bidder, and compliance with all City ordinances concerning the
purchasing process.
16. Lowest Responsible Bidder means the Bidder submitting Lowest Responsible Bid.
17. Non-Professional Services are services performed that are not of a professional nature such as lawn care, security, janitorial, etc.
18. Offer means a complete signed response submitted to the City In response to a Solicitation Including, but not limited to, a Bid submitted
In response to an Invitation for Bid, a proposal submitted in response to a Request for Proposal, a quote submitted in response to a
Request for Ouctation, or a statement of qualifications and interest submitted in response to a Request for Oualifications.
19. Pre -Bid Conference means a conference conducted by the Purchasing Once, held in order to allow Bidders to ask questions about the
proposed Contract and pardculody the Contract specifications.
20. Professional Services means services that use skills that are predominantly mental or Intellectual, rather than physical or manual such
as accounting, architecture, land surveying, law, medicine, optometry, professional engineering, etc.
21. Purchase Order is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard
Purchase Order form and which, when accepted by the Bidder, becomes a contract The Purchase Order is the Bidders authority to
deliver and Invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed
upon price.
22. Services include all work or labor performed for the City on an independent contractor basis other then construction.
i Commodity Cade: 020-U.695-95,988-59 ORIGINAlood Grinding Services, On & OR Sile
23. Solicitation means, as applicable, an Invitation for Bid. Request for Proposal, Request for Qualifications or a Request for Quotation.
24. Subcontractor means a person, firm or entity providing goods or services to a Bidder to be used In the performance of the Bidder's
obligations under the Contract.
25. Unbalanced Bid means a Bid that is based on prices which are significantly less then cost for some bid items and significantly more than
cost for others.
Commodity Code: 020.04, 595.95, 986.58 IFB f+114�OW ervices, On IL OR Site
CITY OF PASADENA �r�I �a �� � M � ``
PURCHASING OFFICE
PART II — GENERAL REQUIREMENTS FOR BIDS
These instructions are standard for all contracts for commodities or services issued through the City of Pasadena Purchasing Department
General Requirements apply to all advertised bids; however, these may be superseded, whole or in part, by the SPECIAL CONDITIONS OR
OTHER DATA CONTAINED HEREIN.
READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL
REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM.
TERM CONTRACTS
The CITY of PASADENA acceptance of Bidders offer shall be limited to the terns herein unless expressly agreed in writing by the CITY.
If the contract is Intended to cover a specific time period, the term Will be given in the specifications under PERIOD OF CONTRACT.
ANTI-LOBBYING PROVISION
DURING THE PERIOD BETWEEN THE BID MAILING DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR
AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE
PASADENA CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS,
INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY.
THIS PROVISION IS NOT MEANT TO PRECLUDE BIDDERS FROM DISCUSSING OTHER MATTERS WITH CITY COUNCIL
MEMBERS OR CITY STAFF. THIS POLICY IS INTENDED TO CREATE A LEVEL PLAYING FIELD FOR ALL POTENTIAL BIDDERS,
ASSURE THAT CONTRACT DECISIONS ARE MADE IN PUBLIC, AND TO PROTECT THE INTEGRITY OF THE 810 PROCESS,
VIOLATION OF THIS PROVISION MAY RESULT IN REJECTION OF THE BIDDER'S BID.
3. POTENTIAL CONFLICTS OF INTEREST
An outside Consultant Of contractor Is prohibited from submitting a bid for services on a CITY of PASADENA project of which the
consultant or contractor was a designer or other previous conlributor, or was an affiliate, subsidiary, joint venture or was in any other
manner associated by ownership to any party that was a designer or other previous contributor. It such a consultant or contractor
submits a prohibited bid, that bid shall be disqualified on the basis of conflict of interest, no matter when the conflict is discovered by
CITY of PASADENA.
4. GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the specifications, the specilications shall
govern. In the event of any conflict of interpretation of any part of this overall document, the City's interpretation shall govern.
5. GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of the CITY and Texas Local Government Code §252, as
amended. Bidders shall comply with all applicable federal, state and local laws and regulations. Bidder is further advised that these
requirements shall be fully governed by the laws of the State of Texas and that the CITY of PASADENA may request and rely an advice,
decisions and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements.
9. IMMIGRATION REFORM and CONTROL ACT (IRCA)
The Immigration Reform and Control Act (IRCA), also Simpson -Mandl Act (Pub.L. 99.603, 100 Slat. 3359, signed by President Ronald
Reagan an November 6, 1966) is an Act of Congress which reformed United States immigration law. The Act made It [Hegel to knowingly
hire or recruit illegal immigrants (immigrants who do not possess lawful work authorization), required employers to attest to their
employees' Immigration status, and granted amnesty to certain Illegal immigrants who entered the United States before January 1, 1982
and had molded there continuously. The Act also granted a path towards legalization to certain agricultural seasonal workers and
immigrants who had been continuously and Illegally present In the United States sines January 1. 1992.
7. INTERLOCAL PARTICIPATION
T.I. The City may, from time to time, enter into tntertacal Cooperation Purchasing Agreements with other governmental entities or
governmental cooperatives (hereafter collectively referred to as 'Entity' or 'Entities*) to enhance the City's purchasing power.
At the City's sale discretion and option. City may inform other Entitles that they may acquire Items listed in this Invitation for
Bids ('hereafter'IFIV). Such acquisitlon(s) shall be at the prices stated herein, and shall be subject to bidders acceptance.
Entities desiring to acquire items listed in this IFS shall be listed an a rider attached hereto, if known at the time of issuance of
the IFS. City may Issue subsequent ciders after contract award setting forth additional Entities desiring to utilize this bid.
VENDOR shall sign and return any subsequently Issued riders within ten calendar days of receipt.
7.2. In no event shall City be considered a dealer, re- marketer, agent or other representative of Vendor or Entity. Further, City shall
not be considered and Is not an agent; partner or representative of the Entity making purchases hereunder, and shall not be
obligated or liable for any such order.
7.3. Entity purchase orders shall be submitted to Vendor by the Entity. City will not be liable or responsible for any obligations,
Including. but not limited to, payment, and for any item ordered by an entity other than city.
7.4. Vendor authorizes City's use of Vendors name, trademarks and Vendor provided materiels in City's presentations and
promotions regarding the evollabirrty of use of this contract. The City makes no representation or guarantee as to any
minimum amount being purchased by City or Entities. or whether Entity will purchase utilizing City's contract.
ADDENDA
When specifications are revised, the CITY of PASADENA Purchasing Department will issue an addendum addressing the nature of the
change. Bidders must sign and include It In the returned bid package.
�Commod'dy Code: 020-04.595-05.088-59 ORIGMAGifnifine Services, On & Off Site
9. SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omisslon from it of a detailed description concerning any point,
shall be regarded as meaning that only the best commercial practice is to pravall and that only material and vmtkmanship of the finest
quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this
contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials
used and workmanship. Manufacturer furnishing these items shall be experienced In design and construction of such items and shall be
an established supplier of the item bld.
10. NAME BRANDS
Specifications MU reference name brands and model numbers. It is not the intent of the CITY of PASADENA to restrict these bids in
such cases, but to establish a desired quality level of merchandise or to meet a pre - established standard due to like existing items.
Bidders may offer items of equal stature and the burden of proof of such stature rests vAlh bidders The CITY of PASADENA shall act as
sole judge In determining equality and acceptability of products offered.
11. RECYCLED MATERIALS
CITY of PASADENA encourages the use of products made of recycled materials and shall give preference in purchasing to products
made of recycled materials if the products meet applicable specifications as to quantity and quality. CITY of PASADENA will be the sole
judge In determining product preference application,
12. INSPECTIONS & TESTING
City of Pasadena reserves the right to inspect any Item(s) or service N=Wn for compliance with specifications and requirements and
needs of the using department. If a bidder cannot hofth a sample of a bid Item, where applicable, for review, or fails to satisfactorily
show an ability to perform, the CITY can reject the bid as inadequate.
13. PRICING
Prices for all goods "or services shall be firm for the duration of We contract and shall be stated on the Bid Pricing form. Prices shall
be all Inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices
must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor
and included In the bid prices. if there are any additional charges of any kind, other than those mentioned above, specified or
unspecified, bidder MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit
pricing and extended pricing differ, unit pricing prevalls.
14. 810 FORM COMPLETION
Unless otherwise specified. Bidders must use the bid forms supplied by the Purchasing Office. Fill out and return to the City Secretary's
Office. An authorized representative of the bidder should sign the Did Sheet. The contract will be binding only when signed by the CITY
of PASADENA, funds are certified by the CITY Controller, as applicable, and a Purchase Order issued.
15. SCANNED OR RE -TYPED RESPONSE
If In its bid response, bidder either electronically scans, re- types, or in some way reproduces the City's published bid package, then in
event of any conflict between the terms and provisions of the City's published bid specifications, or any portion thereof, and the terms
and provisions of the bid response made by bidder, the City's bid specifications as published shag control. Furthermore, if an alteration
of any kind to the City's published bid specifications Is only discovered after the contract is executed and Is or is not being performed, the
contract is subject to immediate canceit &n.
18. BID RETURNS
One (t) "ORIGINAL" bid and one (1) "COPY" of the bid shall be sealed in on envelope or package of comparable size. The
ENVELOPE or PACKAGE MUST SHOW THE BID NUMBER, DESCRIPTION AND BE MARKED'SEALED BID'
Bid 010 -035
Wood Grinding Services, On & Off Site
"SEALED BID"
Bidders must return all completed bids to the City of Pasadena City Soaetery's Office at 1211 Southmore, Suite 115, Pasadena. Texas
77502 by the date and time specified. Lite bide will not be accepted and will be returned to Bidders unopened.
17. SUPPLEMENTAL MATERIALS
Bidders are responsible for including all pertinent product date in the returned bid package. Literature, brochures, data sheets,
specification Information, completed forms requested as part of the bid package and any other facts which may affect the evaluation and
subsequent contract award should be Included. Materials such as legal documents and contractual agreements, which the bidder
wishes to include as a condition of the bid, must also be In the returned bid package. Failure to Include all necessary and proper
supplemental materials may be cause to reject the entire bid.
18. VARIANCES
For purposes of bid evaluation. Bidders must Indleate any variances, no matter how slight, contained In the bid. No variations or
exceptions by a bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions ere listed in the bid
and referenced in the space provided on the bid pages. If variances are not stated, or referenced as required, it will be assumed that the
product or service complies with the City's terms, conditions and specifications.
By receiving a bid, the City does not necessarily accept any variances contained In the bid. All variances submitted are subject to review
and approval by the City. ii any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the
City reserves the right to inject the bid or part of the bid that is declared, by the City as conditional.
V
Commodity Code: 02004, 59595, 98559
ORIGINAL
IFS 0 10-035 Wood Grinding Services, On b Off Site
19. DISQUALIFICATION OF BIDDER
Upon signing this bid document, a bidder offering to sell supplies, materials, services, or equipment to the CITY of PASADENA certifies
that the bidder has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, at seq., as
amended, or the federal antitrust laws, and has not communicated directly or h%%vctfy the bud made to any competitor or any other
person engaged in such One of business. Any or all bids may be rejected If the CITY behaves that collusion exists among the bidden.
Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by a bidder and after the bids are
opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that bidder will be withdrawn; however, nothing
herein prohibits a vendor from submitting multiple bids for different products or services,
20. AWARD OF CONTRACT
20.1. Per Section § 252.043 of the Texas Local Government Code;
20.1.1. If the competitive seated bidding requirement applies to the contract for goods or services, the contract must be
awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best veto for the
municipality.
20.1.2. In determining the best value for the municipality, the municipality may consider.
(a) the purchase price:
(b) the reputation of the bidder and of the bidders goods or services;
(c) the quality of the bidders goods or services;
(d) the extent to which the goods or services meet the municipalityr's needs;
(e) the bidders pest relationship with the municipatitl,
(q the Impact on the ability of the municipality to comply with laws and rules reiating to contrecting with historically
undarutiOzed businesses and nonprofit organitalions employing persons with disabilities;
(g) the total tong4emt cost to the municipality to acquire the bidders goods or services; and
(h) any relevant criteria specifically listed in the request for bids or proposals.
20.2. The City reserves the right to accept any Item or group of items an this bid, unless the bidder qualifies his/her bid by specific
limitations.
20.3. A written award of acceptance (manifested by a City Ordinance) and appropriation mulled or otherwise furnished to the
successful bidder results in a binding contact without further action by either party.
20.4. BreaWng of tie bids shall be in accordance with the Texas Local Government Code § 271.901.
20.5. Although the Information furnished to bidders specified the approximate quenlitfes needed, based on the beat available
Information where a contract is let on a unit price basis, payment shall be based on the actual quantities supplied. The City
reserves the right to delete items, prior to the ewardlng of the contract, and purchase said Items by other means; or after the
awarding of the contract, to Increase or decrease the quantities bid In accordance with § 252.048 of the Texas Local
Government Code. No changes shall be made without written notification of the City.
20.6. The City of Pasadena reserves the right to waive any formality or irregularity, to make awards to more than one bidder. to reject
any or an bids. In the event the lowest dollar bidder meeting specifications is not awarded a Contract, the bidder may appear
before the City Council, the governing body and prasent evidence concerning his responsibility after officially notifying the
Purchasing Manager of his intent to appear.
21. EVALUATION
Evaluation shall be used as a determinant as to which bid items or services are the most efficient and/or most economical for the CITY.
i1 shall be based on all factors that have a bearing on price and performance of the items in the user environment All bids are subject
to tabulation by the CITY of PASADENA Purchasing Department and recommendation to the governing body. Compliance with all bid
requirements, delivery and needs of the using department are considerations In evaluating bids. The CITY of PASADENA Purchasing
Department reserves the right to contact any bidder, at any time, to clarify, verify or request Information with regard to any bid.
22. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
22.1. Pursuant to Subchapter Z. Chapter 271.9051, Taxes Local Government C ide, and City of Pasadena Resolution 2009-
125, in purchasing under this title any real property, personal property that is not affixed to real property, or services, if a
municipality receives one or more competitive seated bids from a budder whose principal place of business is in the
municipality and whose bid is within five percent (3%) of the lowest bid price, up to 5100,000, received by" municipality from
a bidder who Is not a resident of the municipality, the municipality may enter into a contract with:
22.1.1. the lowest bidder, or
22.1.2. the bidder whose principal place of business is in the municipality if ft governing body of the municipality determines.
In writing, that the local bidder offers the municipality the best combination of contract price and additional
economic development opportunities for the municipality created by the contract award, including the employment
of residents of the municipality and increased tax revenues to the municipality.
22.2. This section does not apply to the purchase of telecommunications services or information services, as
those terms are defined by 47 U.S.C. Section 153.
22.3. In order to receive consideration, bidders must submit an Affidavit of Eligibility.
L ORIGINAL
Commodity Code: 020-04,595-95,988-59 IFS # 10.035 Wood Grinding Services, On & OR Site
23. CONTRACT OBLIGATION
The CITY of PASADENA City Council must award the contract and the Mayor or other person authorized by the Mayor must sign the
contract before 4 becomes binding on the CITY of PASADENA or the bidders. Department heads are NOT authorized to sign
agreements for the CITY of PASADENA. Binding agreements shall remain In effect until all products and /or services covered by this
purchase have been satisfactorily delivered and accepted.
24. BID DOCUMENTS AND BID EVALUATIONS
A vendor, as a member of the public may request a copy of the Bid Tabulation that Is compiled when the bids are opened in City Council
or in the Purchasing Department after a request for Public Information is received in accordance vwth Texas Government Code, Chapter
552.
The City will not release Copies of bids or the bid evaluations until after the contract has been awarded and passed on second and final
reading by the City Council. in accordance with Texas Government Code. Chapter 552.104, EXCEPTION: INFORMATION RELATED
TO COMPETITION OR BIDDING. (a) Information is exempted from the requirements of Section 552.021 if it is information that if
released, would give advantage to a competitor or bidder. This Is not a waiver of any exception to the requirements of public disclosure
contained in the Texas Public Information Act including, but not limited to, trade secrets or other commercial or financial information that
Is made confidential by law.
25. INDEPENDENT CONTRACTOR
11 is expressly understood and agreed by both parties hereto that the City is contracting with the successful vendor as Independent
contractor. The parties hereto understand and agree that the City shall not be liable tot any claims which may be asserted by any third
party ocextrring in connection with the services to be performed by the successful vendor under this contract and that the successful
vendor has no authority to bid the City.
26. FISCAL FUNDING
A multiyear lease or lease/purchase arrangement (if requested by the Special Requirementstinstructions), or any contract Continuing as
a result of an extension option, must Include fiscal funding out. If, for any reason, funds are not appropriated to continue the lease or
contract, said tease or contract shall become null and void an the last day of the current appropriation of funds. After expiration of the
lease, leased equipment shall be removed by the bidder from the using department without penalty of any kind or form to the CITY of
PASADENA. An charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the
bidder.
27. GRANT FUNDING
Any contract entered into by the CITY that is to be paid from grant funds shag be limited to payment from the grant funding and the
vendorlprovider understands that the CITY has not set aside any CITY funds for the payment of obligations under a grant contract. If
grant funding should became unavailable at any time for the continuation of services paid for by the grant, and further funding cannot be
obtained for the contract then the sole recourse of the provider shop be to terminate any further services under the contract and the
contract shag be null and veld.
28. INSURANCE
If required, specific insurance provisions will be included In the bid. A copy of an insurance certificate must be submitted within ten days
from request. The successful vendor wig be required to maintain, at all times during performance of the contract, the Insurance detailed
in bid specifications. Failure to provide this document may result in disqualification of bid.
29. WAIVER OF SUBROGATION
Bidder and bidder's Insurance carrier waive any and all rights whatsoever with regard to subrogation against CITY of PASADENA as an
Indirect party to any suit arising out of personal or property damages resulting from bidder's performance under this agreement.
30. TERMINATION
The CITY of PASADENA reserves the right to terminate the contract for default If bidder breathes any of the terms therein, Including
warranties of bidder or if the bidder becomes insolvent or commits 8cts of bankruptcy. Such right of termination is in addition to and not
in lieu of any other remedies which the CITY of PASADENA may have in law or equity. Default may be construed as, but not limited to,
failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services
required to the City s satisfaction and/or to meet all other obligations and requirements.
31. TERMINATION- NOTICE
Either party may cancel the contract at any time attar award. The City shall be required to give the vendor notice thirty days prior to the
date of cancellation of the contract. The vendor shall be required to give the City written notice sixty days prior to the date of cancellation
of the contract. The CITY of PASADENA may terminate the contract without cause upon thirty (30) days written notice.
32. INDEMNITY
32.1. CONTRACTOR COVENANTS AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, THE CITY AND ELECTED
OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES OF THE CITY, INDIVIDUALLY OR
COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES LOSSES, EXPENSES,
FEES, PINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF
ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH AND PROPERTY
DAMAGE, MADE UPON THE CITY, DIRECTLY OR INDIRECTLY ARISING OUT OF RESULTING FROM OR RELATED TO
BID ACTIVITIES UNDER THIS BID, INCLUDING ANY ACTS OR OMISSIONS OF CONTRACTOR, ANY AGENT, OFFICER,
DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONTRACTOR OF CONTRACTOR, AND THEIR
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OR
PERFORMANCE OF THE* RIGHTS OR DUTIES UNDER THIS CONTRACT, ALL WITHOUT, HOWEVER, WAIVING ANY
GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WANING ANY
DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR
THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL
OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. CONTRACTOR SHALL PROMPTLY ADVISE THE CITY IN
Commodity Code: 020-04, 58585, 888-58 IFB 0 111-035 W i �dGri NAL , On b ON Site
WRITING OF ANY CLAIM OR DEMAND AGAINST THE CITY OR CONTRACTOR KNOWN TO CONTRACTOR RELATED
TO OR ARISING OUT OF CONTRACTOR'S ACTIVITIES UNDER THIS CONTRACT AND SHALL SEE TO THE
INVESTIGATION AND 09FENSE OF SUCH CLAIM OR DEMAND AT CONTRACTOR'S COST. THE CITY SHALL HAVE
THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO PARTICIPATE IN SUCH DEFENSE WITHOUT RELIEVING
CONTRACTOR OF ANY OF ITS OBLIGATIONS UNDER THIS PARAGRAPH.
52.2. IT 18 THE EXPRESS INTENT OF THE PARTIES TO THIS CONTRACT, THAT THE INDEMNITY PROVIDED FOR IN THIS
SECTION, IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY, PROTECT AND HOLD HARMLESS THE
CITY FROM CONSEQUENCES OF THE CITY`S OWN NEGLIGENCE, PROVIDED HOWEVER, THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION SHALL APPLY ONLY WHEN THE NEGLIGENT ACT OF THE CITY IS A
CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH, OR DAMAGE, AND SHALL HAVE NO APPLICATION
WHEN THE NEGLIGENT ACT OF THE CITY IS THE SOLE CAUSE OF THE RESULTANT INJURY, DEATH, OR DAMAGE.
CONTRACTOR FURTHER AGREES TO DEFEND, AT ITS OWN EXPENSE AND ON BEHALF OF THE CITY AND IN THE
NAME OF THE CITY, ANY CLAIM OR LITIGATION BROUGHT AGAINST THE CITY AND ITS ELECTED OFFICIALS,
EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH,
OR DAMAGE FOR WHICH THIS INDEMNITY SHALL APPLY, AS SET FORTH ABOVE.
32.3. PATENTSICOPYRIGHTS
The successful vendor agrees to Indemnify and hold the City harmless from any daim involving patent infringement or
copyrights on goods supplied.
33. PURCHASE ORDER AND DELIVERY
The successful bidder shall not deliver products or provide services without a CITY of PASADENA Purchase Omer, signed by an
authorized agent of the CITY of PASADENA Purchasing Department. The fastest, most reasonable delivery time shag be Indicated by
the bidder in the proper place on the PAdngfDelive y Information form. Any special intamration concerning delivery should also be
Included. on a separate sheet. If necessary. Ali items shag be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the
specifications. This shag be understood to Indude.bftnging merchandise to the appropriate room or place designated by the using
department. Every tender or delivery of goods must fully comply with an provisions of these requirements and the specifications
Including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for
performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the
contract by CITY of PASADENA without prejudice to other remedies provided by law. Where delivery times are critical, the CITY of
PASADENA reserves the right to award accordingly.
34. DELIVERY OF GOODSISERVICES
34.1. AD materials are to be delivered F.O.B.; City of Pasadena designated facility.
34.2. Delivery dates pertaining to this Invitation must be deafly stated in the bid form where required and include weekends and
holidays. Failure to eompy with this requirement may be a cause for disqualification of bid. Unless otherwise specified .
delivery of the earliest date Is required. The bidder will clearly elate In the bid the time required for delivery upon receipt of
contractor purchase order. Proposed delivery time must be specific and such phrases 'as required: 'as soon as possible' or
'prompt' may result In disqualification of the bid.
34.3. Upon award of a contract, the vendor is obligated to delver the goods to the destination speafed in tine Imitation for Bids or
the Purchase Order and bears the risk of Im until delivery. If this Invitation for Bids or Purchase Order does not contain
delivery instructions, bidders shag request Instructions In writing from the Purchasing Manager. If the delivery Instructions
contained In the Invitation for Bids allocate delivery costs and risks In a manner contrary to this section, the provisions of this
Invitation for Bids shall prevail.
34.4. The City shag have a reasonable time (but not tars than 30 days) after receipt to Inspect the goods and services tendered by
vendor. The City at its option may rojed all or any portion of such goods or services which do not, in Citys sale discretion,
comply in every respell with all terms and conditions of the contract. The City may elect to reject the entire goods and services
tendered oven it only a portion thereof is nancaMorrNng. If the City elects to accept nonconforming goods and services. the
City, in addition to its other remedies, shall be entitled to deduct o reasonable amount from the price thereof to oompensate the
City for the nonconformity. Any acceptance by the City. oven If nor- carnditionaf, shall rot be deemed a waiver or settlement of
any detect In such goods and services.
34.5. When delivery is not met as provided for in lire =Irad, the Purchasing Department reserves the right to make the purchase
on the open market, with any cost In excess of the contract trice paid by the vendor. In addition to any other damages. direct of
oonsawndak Incurred by the City as a result thereof. In additlon failure of the vendor to meet the contract delivery dates will
be cause for removal of the vendor from the City's list of eligible bidders as determined by the Purchasing Department
35. MATERIAL SAFETY DATA SHEETS
Under the'Hazardmn Commurksllon Ad', commonly known as the 'Tom Right to Know Ad', a ladder must provide to the CITY Zf
each dgtie , materiel so" data sheets. which ace applicable to hazardous substances. defined in the Act Failure of the bidder to
furnish this documentation will be cause to rejed any bid applying thereto.
36. TITLE TRANSFER
Title and Risk of Loss of goods shall not pass to CITY of PASADENA until CITY of PASADENA actually receives and takes possession
of the goods at the point or points of delivery. Receiving times may vary with the using department Generally, dermades may be made
between 8:30 a.m. and 4:01) pm., Monday though Friday. Bidders are advised to consult the using deportment for Instructions. The
place of delivery shale be shown under the 'Special RequiromentsRnshuWona' section of this bid padhago ondfar on the Purchase Order
as a'Deliver To:' address.
ORIGINAL
Commodity Code: 020-04,595-95,988-59 IFS # 10.035 Wood Grinding Services, On 8 Oft She
37. WARRANTIES
Bidders shall furnish all date pertinent to warranties or guarantees which may apply to items in the bid. Bidders may not Emit or exclude
any Implied warranties. Bidder warrants that product sold to the CITY shall conform to the standards established by the U.S.
Department of Labor under the Occupational Safety and Health Act of 1970. In the event product does not conform to OSHA Standards,
where applicable, CITY of PASADENA may relum the product for correction or replacement at the bidder's expense. If bidder fails to
make the appropriate correction within a reasonable time, CITY of PASADENA may correct at the bidder's expense.
38. INVOICES AND PAYMENTS
Bidders shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order
number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise Incorrect, will be
returned to the bidder for correction. Under term contracts, when multiple deliveries and/or services are required, the bidder may invoice
following each delivery and the CITY will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly
basis only. Prior to any and all payments made for goods and /or services provided under this contract, the bidder should provide his
Taxpayer Identification Number or social security number as applicable. This information must be on file with the CITY Finance office.
Failure to provide this information may resutl In a delay In payment and /or back -up withholding as required by the Internal Revenue
Service.
38. TAXES
The CITY of PASADENA is exempt from all federal excise, state and local taxes unless otherwise stated in this document. The CITY of
PASADENA claims exemption from all sales and/or use taxes under Texas Tex Code §151.309, as amended. Texas Limited Safes Tax
Exemption Certificates will be furnished upon written request to the CITY of PASADENA Purchasing Department.
40. ASSIGNMENT
The successful vendor shall not sett, assign, transfer or convey this contract in whole or in part, without the prior written consent of the
City of Pasadena Purchasing Department. Any such assignment or transfer shall not release vendor from all contractual obligations
41. CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between the CITY of PASADENA and the bidder.
41.1. No request for a price escalation will be considered for the first year of the contract period. Requests for price escalation at the time of
contract renewal may be made under the following conditions:
41.1.1. Contractor will be required to provide written confirmation from his supplier indicating the exact percentage of
Increase as well as the effective date of the escelallow, a
41.12. Such adjustment shall be based on the latest yearly percentage increase or decrease in the Producers Price
Index (Industry Series ID PCU42993042993044 Materiel Racyclers — Other Recyclable Materials) as
published by the Bureau of Labor Statistics, U.S. Department of Labor.
The baseline Index shall be the Index published the month or the month prior in which the contract was awarded.
The yearly increase or decrease in the PPI shall be that latest Index published. The allowable percent change
shall be rounded to the nearest one - hundredth of one percent and shall be the maximum unit price adjustment
permitted.
Any requested adjustment shall be fully documented and submitted to the City at the time the Contractor agrees
to an extension. Any approved cost adjustments shall become effective on the beginning date of the approved
contract extension.
FORMULA New Baseline — Old Baseline - Difference
Difference 1 Old Baseline - Percentage Change
EXAMPLE:
When the contract was awarded in Jane 2009, the PPI basa/lne was 170.8. The conhect wr7/ he renewed
in June 2010 and the Index is now 157.8.
157.9 - 170.8= -12.9
-12.9 / 170.8 - -0.0755
The Contractor shag offer the Cily a price decrease of - 7.55%.
41.1.3. The City reserves the right to accept or reject the price increase:
41.1.4. In the event the City does not wish to accept the adjusted costa and the matter cannot be resolved to the
satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date.
ORIGINAL
Commodity Code: 020-04,595-95.90-59 IFB ff 10 -035 Wood Grinding Services, on a off sae
CITY OF PASADENA
PURCHASING OFFICE
PART III - SPECIAL CONDITIONS
1. INFORMATION OR CLARIFICATION
All questions concerning the technical specifications or scope of services shall be submitted in writing to the
Purchasing Department, Attn: Richard Bennett at 1211 Soulhmore, Suite 201, Pasadena, Texas, 77502,
emailed to Rbennett@ci,Rasadena.lx.us or faxed to (713) 472 -0144. Questions must be received no later
than seven (7) days prior to the IFB due date. Such contact shall be for clarification purposes only. Revision
to specifications, scope of services, bidding procedures, if any, will be notified with a written addendum by the
Purchasing department.
2. The City reserves the right to award a primary contract and a secondary contract in an effort to secure a
back -up contractor to be used in emergency situations In the event the primary contractor is unable to
respond as needed.
3. WARRANTIES OF USAGE
3.1. Any estimated quantities listed are for Information and tabulation purposes only. No warranty or
guarantee of quantities needed is given or Implied.
3.2. Quantities are estimated and based on previous years. It is specifically understood and agreed that
these quantities are approximate and any increased quantities will be paid at the regular quoted
price. The contractor shall not have any claims against the City for any quantities ordered that are
less than the estimated bid amount.
4. EVALUATION CRITERIA
The City may select bids from multiple contractors. All bids shall be evaluated with respect to the
completeness. The bids) will be evaluated utilizing a weighted criteria totaling up to 100 %. Suppliers shall
be aware that the City of Pasadena will review the bids with particular weight to the following:
The responsiveness and completeness of the bid.
10%
Net overall cost to the City for the proposed services.
(Cost shall be considered in bid evaluations, but shall not be the sole determining factor).
25%
Resources, equipment, and personnel available to perform the required services ON -SITE.
3D%
Past relationship with the municipality.
20%
Mileage from the City of Pasadena to bidder's OFFSITE location.
Using City Hall. located at 1211 Southmore Ave., Pasadena, TX 77502 as a starting location.
15%
5. WEATHER
Some degree of flexibility on the part of both parties involved in this contract will be required to achieve the
quality of service desired by the City of Pasadena. If, due to inclement weather, other ads of God, or when
the conditions of the soil will not allow servicing to be accomplished satisfactorily or safely performed
according to the scheduled grinding dates, service shall be rescheduled as soon as possible.
ORIGINAL
Commoft Cade: 020-04.595-95.988-59 IFB # 10-035 Wood Grinding Services, On & OH Silo
CITY OF PASADENA
PURCHASING OFFICE
PART IV -SPECIFICATIONS
SCOPE OF WORK
The City of Pasadena Is seeking Bids from qualified contractors to provide Wood Grinding Services (Green
Waste & Processed Wood) In accordance with the terms, conditions, and specifications contained in this
Invitation for Bid (IFB). This service contract will be utilized by the City's Sanitation Department for the
processing of green waste and processed wood.
The City of Pasadena accumulates approximately 22,000 cubic yards of green waste per year and is
generated from the collection of clean green waste from residential/oommercial properties (brush, limbs,
clippings, etc.) and contains minimum amounts of paper. The greatest volume is collected and processed in
the months of March, April, May and June.
2. PERIOD OF CONTRACT
The initial term of the contract shall be for a period of one (1) year, with an option of two, one (1) year
contract extensions in 2011 and 2012. The right to extend the contract period for two (2) additional, one (1)
year periods shall be upon mutual agreement between the City of Pasadena and the contractor.
In the event services are scheduled to end because of the expiration of this contract, the Contractor shall
continue the service upon the request of the Purchasing Manager. The extension period shall not extend for
more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be
compensated for the service at the rate In effect when this extension clause is invoked by the City.
3. CONTRACTORS RESPONSIBILITY — OFF -SITE GRINDING
3.1. The contractor must have an ample amount of storage space and processing equipment to perform
wood grinding services on an as- needed basis during the tern of the contract.
3.2. The contractor shall provide an alternative processing yard and all necessary equipment for use by
the City In the event" that access to the primary recycling yard Is obstructed by any natural disaster
event, which may cause the volumes of wood material collected to exceed the physical capacity of
the Contractors primary location.
3.3. The City has a need to purchase up to 200 cubic yards of chipped materials per month for its
compost operation at 2621 Genoa -Red Bluff Rd., Pasadena, TX. 77505. During the term of this
contract, the Contractor will deliver to the compost site 200 cubic yards per month of chipped
material.
4. CONTRACTORS EQUIPMENT AND OPERATORS ON -SITE GRINDING
4.1. The successful bidder(s) shall fumish all manpower, trucks, tractors, grinders, screens and any other
equipment necessary for on -site wood grinding services.
4.2. A list of all eaulament available to complete the services of this contract should be Included
with the submission of the bid Proposal page.
4.3. The Contractor, at a minimum shall provide a 1250 horsepower horizontal grinder capable of grinding
and processing stumps and whole trees with a diameter of up to 30 inches and lengths of 20 feet in a
single pass. For safety reasons, no tub grinders will be allowed. All support equipment (wheel
loaders, excavators, etc.) must be included as a part of this bid.
4.4. Contractor shall provide one (1) 6' x 30' Trommel screen for the City to use at the compost site for
period of one (1) week, three (3) times a year. Bidder will be responsible for operation and
maintenance of the screen equipment.
10
ORIGINAL
4
r__ City of Pasadena ESL less
Purchasing Department ' w o •
1211 Southmore, Suite 201owdae u.�.
Pasadena. Texas 77502
713- 475.5532
FAX 713472 -0144
ADDENDUM # 1
Issue Dale: November 8, 2010
IFB# 10.035
to
Wood Grinding Services, On & Off Site
Addenda (or addendum if singular) are written Instruments issued by the City prior to the date for receipt of
offers which will modify or interpret the specification document by addition, deletion, clarification or
correction.
Question 1: Is it possible to change Item #1 from a weekly rate, to an hourly rate for Grinding and an hourly rate
for Screening?
Answer. Yes.
Question 2: If Item #1 is changed to an hourly rate, how will you determine the amount of hours worked?
Answer: Contractor will be required to provide a certified statement, staling what the beginning and ending
hours are on the hour meter reading gauge.
Question 3: What size screen is to be used?
Answer: Screen sizes shall be 2 inch and 3 Inch.
Question 4: Is the yard waste going to be ground up with the brush or just screened?
Answer.
Question 5: Are we to attach a copy of the Equipment List to the Bid?
Answer Yes
Commodity Code: 020 -04, 595 -95, 98 0-59
IFS 0 10-035 Wood M
CITY OF PASADENA
PURCHASING OFFICE
PART V - BID PRICING SHEET
Bidder agrees to provide Wood Grinding Services (Green Waste) to the City of Pasadena in accordance with the specifications,
terms and conditions and special conditions of this Invitation for Bid at the prices stated by the bidder below. The pricing will
remain firm for the first year of the contract. The City reserves the right to award a primary and secondary contract.
" The Citv's estimated annual auantlty is 22.000 cubic Yards for both ON & OFF SITE adndlna combined.
ITEM
NO
DESCRIPTION
Est. Annual
Qty.
U!M
Hourly Rate
(40 hrs x 3 times)
Extended Cost
2.
On -site Wood Grinding Service
22,000
Cu. Yd.
$ 2,60
$ SS DOD OO
2.a
Price to Include the following:
2,400
Cu. Yd.
$ 0
$ 0
Total for Off -Site Wood Grinding Service
all manpower, trucks, tractors,
grinders and any other equipment
1.
necessary for on -sito wood grinding
services.
120
Hourly
$ 4R 000. OD
Grinding services will be needed 3
times per year.
Contractor shall not exceed 40 hours in
a one week period.
On -site Wood Screening Service
Price to include the following:
all manpower, trucks, tractors, screens
and any other equipment necessary for
t.a
on -site wood screening services.
120
Hourly
$ co
$ O
Screening services will be needed 3
times per year.
Contractor shall not exceed 40 hours in
a one week period
1.e.
Mobilization
1
Each
$ 4/00.00
1.b.
De- mobilization
1
Each
$ Af t)- a
Total for On -Site Wood Grinding & Screening Service
$ A48, eDQ • 00
IT EOM
DESCRIPTION
Es
Ulm
Pricing
Extended Price
2.
Off -Slte Wood Grinding Service
22,000
Cu. Yd.
$ 2,60
$ SS DOD OO
2.a
Chipped Materials, Delivered
2,400
Cu. Yd.
$ 0
$ 0
Total for Off -Site Wood Grinding Service
$ 65, v O O. O D
TOTAL ON & OFF -SITE WOOD GRINDING & SCREENING J$ J 1) 3 60000 . O O
Transfer Total to Front Page
12 - Revised
Commodity Code: 020-04.595-95.988-59
ORIGINAL
IFB a 10.055 Wood Grinding Services. On & Off Site
If It is determined that the Ci needs additional On -Site woad arindina or s enina services state your hourly rate.
Additional On -site Wood Grinding Service above the
120 hours in Item 1.
Hourly Rate
$
6.50-00
Additional On -site Screening Service
above the 120 hours in Item t.e.
Hourly Rate
S / bS , O O
Mobilization
Each
$ yp0.00
Do- mobilization
t Each
$ !100. 00
Below, please list the physical location of your nearest location to the City of Pasadena.
Wood Grinding Location:
Physical location (street address, city, state, zip) of the nearest plant to the City of Pasadena.
Address: 69100 4e-y tlta w0r*t 1"e-
city: Semi- boi - State. - 7 -ficri zip: 17034
Contact Phone: Gel — IoDs
METHOD OF PAYMENT:
1. PAYMENT TERMS: Net 30 (Vendor paid within 30 days of invoice or receipt of goods accepted in good order).
2. PROMPT PAYMENT DISCOUNT: _ °� within 10 days (e.g. 1%. 2 %, 5 %)
AND /OR (check one)
3. PROCUREMENT CARD PROGRAM Yes _4 No
(This payment method would allow for vendor payments to be made within 24 hours of use by City through City's
P"urement Card Program provider, Chase - MasterCard)
—If "yes' discount offered: % (e.g. 1 %, 2 %,5 %)
Contact Information for k:hecklna status of orders and delivery:
Contact Name,: S+tt.e 6' h6rw►1S% Telephone: g - X22 -' /DD0
Title: V` t e o
lrl> ld + Fax Z8! — SZL — /47
Accounts Payables Information:
Contact Name: V-0 G t r 01 C U S Telephone: A 92Z -1000
Mailing Address: D
City 14 00:Vf•N /�a.r a is rrrm•�i. SLtoaute. : � 7
0,yeas zip T7O34
Tie: V faG PKOrJtrtT
Fax
The undersigned hereby certifies that he understand all the above specifications, has read them carefully, and will deliver and
furnish all merchandise and services as specified above In this bid.
Bidder shall return tw as this bid proposal filled out in full and signed.
Signature of Comp y Re seen live Title
oats
/1 I
ID 110
13 - Revised
ORIGINAL
fGs,
�V
City of Pasadena
November 15, 2010
IFB # 10 -035
Wood Grinding Services, On & Off Site
Novus Wood Group LP's, list of equipment for work
to be performed at the City of Pasadena's compost
site at 2621 Genoa Red Bluff Rd, in Pasadena, Texas.
EQUIPMENT LIST
1.2007 Continental Biomass Industries, Model
8600 Horizontal Grinder with a C32 Caterpillar
Engine 1250 Horsepower with both 2" & 3"
screens.
2.2008 John Deere 240D Excavator with grapple
3.2009 John Deere 644K Wheel Loader with
grapple.
4. 1998 Retech Eliminator III Trommel Screen.
5.2009 John Deere 644K Wheel Loader with
rollout bucket.
ORIGINAL
Cammodity Code. 020-04, 595.95, 988.59 IFS 0 10 -035 Wood Grinding Services, On & Off SRe
CITY OF PASADENA
PURCHASING OFFICE
DEVIATIONS FROM SPECIFICATIONS
Please list all deviations from specifications in space provided below. Please note item number of each piece of
equipment for which you are showing deviations.
ITEM NO. DESCRIPTION OF DEVIATION
13
Commodity Code. 020-04.595-95,988-59
IFB tt 10-035 Wood GR OWing RIGIN 8 ON3�a
CITY OF PASADENA
PURCHASING OFFICE
INSURANCE REQUIREMENTS
A) Prior to the commencement of any work under this Contract, Contractor shall furnish copies of all required
endorsements and an original completed Certificate(s) of insurance to the City's Purchasing Department,
which shall be clearly labeled "Wood Grinding Services, On & Off Site" in the Description of Operations
block of the Certificate. The original Certificate(s) shall be completed by an agent and signed by a person
authorized by that insurer to bind coverage on its behalf. The City will not accept Memorandum of Insurance
or Binders as proof of insurance. The original certificate(s) or form must have the agent's original signature,
including the signer's company affiliation, title and phone number, and be mailed, with copies of all applicable
endorsements, directly from the insurer's authorized representative to the City. The City shall have no duty to
pay or perform under this Contract until such certificate and endorsements have been received and approved
by the City's Purchasing Department. No officer or employee, other than the City's Risk Manager, shall have
authority to waive this requirement.
B)
The City reserves the right to review the insurance requirements of this Article during the effective period of
this contract and any extension or renewal hereof and to modify insurance coverage's and their limits when
deemed necessary and prudent by City's Risk Manager based upon changes in statutory law, court
decisions, or circumstances surrounding this contract. In no instance will City allow modification whereupon
City may incur increased risk.
C) A Contractor's financial integrity is of interest to the City; therefore, subject to Contractor's right to maintain
reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain in
full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- (VII), in the following types and for an
amount not less than the amount listed:
TYE
Amount
Workers Compensation
Statutory
Employees Liability
$1,000,0001$1 ,000,000/$ 1,000,000
Commercial General Liability Insurance (Broad
For Bodily Injury and Property
Form) to include coverage for the following:
Damage of $1,000,000 per
a. Premises operations
occurrence:
b. Independent contractors
$2,000,000 General Aggregate, or its
c. Pmducts/completed operations
equivalent in Umbrella or Excess
d. Personal Injury
Liability Coverage
e. Contractual Liability
Business Automobile Liability
Combined Single Limit for Bodily Injury
a. Owned /leased vehicles
and Property Damage of
b. Non -owned vehicles
$1,000,000 per occurrence
c. Hired Vehicles
Garage Liability
Covering any auto with a minimum limit
of $500,000 per occurrence.
D) The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations
page and all endorsements thereto as they apply to the limits required by the City, and may require the
deletion, revision, or modification of particular policy terns, conditions, limitations or exclusions (except
where policy provisions are established by law or regulation binding upon either of the parties hereto or the
underwriter of any such policies). Contractor shall be required to comply with any such requests and shall
submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days
of the requested change. Contractor shall pay any costs incurred resulting from said changes.
City of Pasadena
Attn: Purchasing Department
P.O. Box 672
Pasadena, Texas 77501 -0672
14
ORIGINAL
Commodity Code: 020.04, 595 -95, 988-59 IFS 010 -035 Wood Grinding Senr m, On d ON Site
E) Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or
be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement, as respects operations and activities of, or on behalf of,
the named insured performed under contract with the City, with the exception of the workers'
compensation and professional liability policies;
• Provide for an endorsement that the "other insurance' clause shall not apply to the City of
Pasadena where the City is an additional insured shown on the policy,
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in
favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar
days advance written notice for nonpayment of premium.
F) Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Contractor shall
provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the
option to suspend Contractors performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this
contract.
G) Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractors or its
subcontractors' performance of the work covered under this agreement.
H) It is agreed that Contractors Insurance shall be deemed primary and non - contributory with respect to any
insurance or self insurance carried by the City of Pasadena for liability arising out of operations under this
contract.
It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
J) Contractor and any Subcontractors are responsible for all damage to their own equipment and /or property.
15
ORIGINAL
Commodity Code: 020-04.595-95.988-59 IFS 010 -035 Woad G&4[ng Services, On & OH Site
CITY OF PASADENA
PURCHASING OFFICE
CERTIFICATE OF INSURANCE COMPLIANCE
BIDDER'S STATEMENT REGARDING INSURANCE COVERAGE
BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage
requirements specified in the IFB #10 -035 Wood Grinding Services, On & Off Site. Should the Bidder be
awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for
Insurance. including insurance coverage of the subcontractors, and agrees to name the City as Additional Insured
for the work specified.
Name of Bidder (Person -Fft. or
Signature of Bidders AuthfzeA Representative
Name & Title of Authorized
/1 110 ID
Date of Sig ing
16
Commodity Code: 020.04.59595, 988.59
CITY OF PASADENA
PURCHASING OFFICE
ORIGINAL
IFS 0 10-035 Wood ceinding Senrioes, On d 08 Site
NON - COLLUSION AFFIDAVIT
r
Stale of ' f� [xQ S (State)
County of _� e.d'r!S (County) §.
Being first duly sworn, deposes and says that:
1. He/She is the y%,..titf (Owner, Partner, Officer, Representative or Agent)
of Mo Vus Wry lyre uo L' j (Company), the party that has submitted the
attached Proposal; 1
2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all
pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and Is not a collusive or sham Proposal;
4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or
parties In interest, Including this affiant, have in any way colluded, conspired, connived or agreed, directly
or Indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection
with the Work for which the attached Proposal has been submitted; or to retrain from bidding in connection
with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or
-communication. or conference with any Proposer, firm, or person to fix the price or prices in the attached
Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or
the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or
unlawful agreement any advantage against (Recipient), or any person Interested in the proposed Work;
5. The price or prices quoted in the attached Proposal are fair and proper and are not lainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of Its
agents, repress lives, ow ere, employees or parties In Interest, including this affient.
A4 ✓ ✓s G!/nj 6ay! p
Authorized Represen ' e's Signature Company Name
�tvc M. �a X3f4er
Representative's Name Representative's Title
On this the IL day of I RTCYn><!c V , 2069, before me, the undersigned Notary Public of the State of Texas,
personally appeared the Individual whose name Is subscribed to within the Instrument,, and he /sheAhey
acknowledge that he /she /they executed it.
WITNESS my hand and official seal.
JENNIFER J. GUERRA
NOTARY PUBLIC My COMMM Ion Esping
QetoQtr 20. 2013
SEAL OF OFFICE: "epa°e
o ["r Type as Commissioned)
17
Commodity Code: 020-04.595-95.M.59
ORIGINAL
IFS # 10 -035 Woad Grinding Services, On 8 ON Site
CITY OF PASADENA
PURCHASING OFFICE
SOLICITATION QUESTIONNAIRE
The City of Pasadena Purchasing Department constantly strives to improve competitive bidding with historically
underutilized businesses (HUB). In order to facilitate these improvements, we would like to know how you were
informed that this Invitation for Bid was active and how you may have received a copy of the document.
How did you learn of this bid opportunity?
Direct Contact with Purchasing.
❑ City of Pasadena Website www.ci.oasadena.tx.us
❑ Bid notification service 0.e. DemandStar)
❑ Newspaper or trade publication
❑ City Information Cable Channel 16
❑ Another Vendor or Supplier
❑ Chamber of Commerce
❑ North Pasadena Business Association
❑ Port Area Networking
❑ Other Means: Describe
How did you obtain your copy of the Bid Document?
Direct Contact with Purchasing
X Via Email ❑ Via Fax ❑
❑ City of Pasadena Website www.ci.oasadena.tx.us
❑ Bid notification service (i.e. DemandStar)
❑ Other Means: Describe
E
18
In Person
ORIGINAL
Commodity Code: 020-04.59545.988-59 IFB a 10035 Wood Grinding Services. On & Of Site
CITY OF PASADENA
PURCHASING OFFICE
BIDDER INFORMATION
FULL LEGAL FIRM /COMPANY NAME: 9-v-o-& w nd Glpli p k?
BUSINESS STREET ADDRESS: Si O D ga p j%m T _ 77U �(
BUSINESS MAILING ADDRESS:
BUSINESS TELEPHONE NUMBER: 281- q22-1600
BUSINESS FAX NUMBER: Z81 — 92L— 1.4-14
COUNTY: 9Qrr;f _ MINORITY OWNED: Yes [] No jV # OF EMPLOYEES: 3 Z
CORPORATION: ❑ PARTNERSHIP: J)� PROPRIETORSHIP:❑ L.L.C.:❑ L.L.P.:❑
YEAR ESTABLISHED: I IrS NUMBER OF YEARS IN BUSINESS: ZS
FEDERAL ID NO.: '7(i-06 1 76 78
NATURE OF BUSINESS: W
PRINCIPALS:
NAME: will"aw& w1AfJ TITLE: Prodae.,4-
NAME: S -ft uG Qk4rK410 TITLE: V,;4 pros;4104-
NAME: TITLE: L//Lk 10Pa4%pf
BANK REFERENCE: -Post Oak !U' mK
NAME OF BANK OFFICER: w dot A otim ck e
CHECKING ACCOUNT NO.: D % yS g
ADDRESS / CITY I STATE / ZIP: E SS4m H 6g&ot �fkko fj . .se u4k
`�,qy cjtK�c T.t�tas 77 ZZ 7
PHONE NO.:
19
Commo ft Code: 02044.595-95.9W59
BIDDER REFERENCES
ORIGINAL
IF5 910-035 Wood G&ding Services. On & Oft Site
Please list three (3) references, preferably a Government (local, county, state) or Educational Agency
we may contact:
1. COMPANY NAME: U y O T " &Ilp yl
ADDRESS: ZS OA A -r ye,
CITY 1 STATE / ZIP:
PHONE NO.: q73 - Z17 - Z491
NAME OF CONTRACT:_ IGobm 4 14"k
2. COMPANY NAME: Ult, &f -&qf6wpi
ADDRESS: V Z3 /N� f. S-fr?C
CITY J STATE / ZIP:
PHONE NO.: "/- yZ ID --III S
NAME OF CONTRACT: ��afLi4
77 S2
3. COMPANY NAME: c:ig of � W+ —
ADDRESS: SS >eiM to
CITY / STATE / ZIP: �tay H1F 7,!&% 77.70S
PHONE NO.: l�O�l " rife- - /10(p-3
NAME OF CONTRACT:
20
ORIGINAL
Commod4 Code: 020-04,595-95.988-59 IFS 0 10035 Wood GrWing Services, On & Oft Site
CITY OF PASADENA .
LOCAL BIDDER PREFERENCE CLAIM FORM
Sections 271.905 and 281.9051 of the Texas Local Government Code authorize a municipality to consider a
vendor's location In the determination of a bid award If the lowest bid received is from a business outside the
municipality and contracting with a local bidder would provide the best combination of price and other economic
benefits to the municipality. The City of Pasadena has determined that the allowable preference shall be applied to
local vendor's bids for the purposes of evaluation when In the best Interest of the City to do so. This request form
and any attachments must be submitted with bid package to be considered by the City of Pasadena.
Questions should be addressed to the Purchasing department at 713 - 475 -5532. Exclusions to the local preference
include expenditures of $3,000 or less or greater then $100,000, and those purchases that are: sole - source,
emergency, federally- funded, cooperative contracts, or via interlocal agreement. The local preference status will
expire one year from the date of this form; for any subsequent requests for preference during this period, the
applicant need only complete and submit section 3 of this form.
The City requires the following information for consideration of a local bidder preference (information may be
submitted in an attachment to this form):
1) Location Eligibility: Principal place of business In Pasadena, Texas. Principal place of business is defined
herein as any business that owns or leases a commercial building within the City limits and uses the building for
actual business operations.
(a) If yes, identify name of business/DBA, address and business structure: sole proprietorship, partnership,
corporation, or other.
Name of business/dba:
Address:
City: St: Zip:
Business Structure: ❑ Sole Proprietorship ❑ Partnership
❑ Corporation ❑ Other
(b) Name and city of residence of owner(s) /partners /corporate officers as applicable.
Name:
City:
2) General Business Information:
(a) Year business established (Pasadena location).
(b) Most recent year property valuation (d owned); real and personal property. $
(c) Annual taxable sales (originating in Pasadena) $
(d) Is business current on all property and sales taxes at the time of this application? ❑ Yes (3 No
(e). Total number of current employees and number of Pasadena - resident employees
3) Economic Development benefits resulting from award of this contract:
(a) Number of additional jobs created or retained for Pasadena resident - employees
(b) Local subcontractors utilized, if applicable; name, location and contract value for each
Name:
Address:
Contract Value: $
(c) Other economic development benefit deemed pertinent by applicant
21
ORIGINAL
Commodity Code: 020-04,595-95.985-59 IFS 0 104M5 Wood Gdnd" SeMM, N & Off Site
LOCAL BIDDER PREFERENCE CLAIM FORM
Certification of information:
(Fill out ONLY if you are claiming Local Bidder Preference)
The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof; under
penalty of perjury.
City Bid Number /Quote for which the local preference is requested:
(Print name of bidder)
(Signature)
THE STATE OF TEXAS §
COUNTY OF HARRIS §
(Date)
Appeared before me the above -named known to me to be the same,
and swore that the information provided in response to the foregoing questions are true and correct to the best of
his/her knowledge and belief, this day of , 20
NOTARY PUBLIC, STATE OF TEXAS
Printed Name:
Commissicn Expires:
22
ORIGINAL
Commodity Code: 02044, 595-95,986-59 IFS 910.035 Wood Grinding SeMm. On 8 Off Site
FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY
The City of Pasadena recognizes the certifications of the State of Texas General Services Commission HUB
Program. All companies seeking Information concerning DBE certification are urged to contact:
State of Texas HUB Program
General Services Commission
PO Box 13047
Austin, TX 78711 -3047
(512) 463 -5672
If your company is already certified, attach a copy of your certification to this form and return with your bid.
Firm Name Submitting Bid
Representative Title of Authorized Representative
Address
Telephone Number
Indicate all that apply:
HUB Certification M
City, State, Zip
Telefax Number
O Minority-Owned Business Enterprise
O Women -Owned Business Enterprise
O Disadvantaged Business Enterprise
23
Exhibit "B"
SUPPLEMENTAL AGREEMENT
CONCERNING THE
WOOD GRINDING AND MATERIAL HANDLING SERVICES
CONTRACT
STATE OF TEXAS §
§ KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS §
This Supplemental Agreement concerning the Wood Grinding and Material Handling
Services Contract is made this _2A day of )7b 2011, by and between the City of
Baytown, Texas, acting by and through its City [Council of the City of Baytown, Texas
hereinafter referred to as the "City," and Novus Wood Group, L.P., a Texas limited partnership,
hereinafter referred to as the "Contractor "; and the Parties do hereby make and enter into the
following agreement:
I.
In General
1.01 Azmernent . Both the contract. bptwepr} . Novus Wood Group, L.P., and the City of
Pasadena dated' December 20, 2010 (the "Pasadena Contract"), and this Supplemental
Agreement shall herein be referred to collectively as the "Agreement." Should any term
or condition in this Supplemental Agreement conflict with the Pasadena Contract, this
document shall control. References to the City of Pasadena in the Pasadena Contract
shall mean and be construed as the City of Baytown for purposes of this Agreement,
except as otherwise provided herein. This Agreement will be utilized primarily by the
City's Public Works Department for the processing of green waste and processed wood.
a. Estimated Quantities. The list of materials and/or equipments shown on the
specifications and bid form of the Pasadena Contract are based upon usage and
estimates of the City of Pasadena, and the City of Baytown will not be bound by
such estimates.
b. Period of Contract. This Agreement shall be in effect for a period of one year,
beginning on the date first mentioned hereinabove and has two one -year options
to extend the agreement, upon the agreement of both parties. Each such renewal
must be evidenced in writing and approved by the appropriate authorities of each
parry. Such renewal shall be for the same compensation set forth in the Invitation to
Bid and prices may be adjusted to reflect the Consumer Price Index (Urban) sixty-
four (64) days prior to the effective date of the renewed if requested in writing by
the Contractor and approved by the City. The Consumer Price Index for all Urban
Areas (CPIU) is an economic indicator most widely used to measure inflation for
prices of goods and services purchased for consumption by urban households.
The CPIU is the percentage of change from the current month to the some month
12 months previously.
Page I
Additionally, the Contractor understands and agrees that upon the City's written
request, this contract may be extended for a period of time, not to exceed two (2)
months after the expiration of the initial term or any renewal thereof, for the same
compensation as the Contractor was receiving for the goods and/or services
during the expired term immediately preceding the extension. Nothing contained
herein, however, shall obligate the City during the extension period to renew
and/or relet a contract with the Contractor for such goods and/or services. The
City of Baytown may terminate extension at any time for any reason without prior
notice.
C. Contractor's Responsibilities. The Contractor's responsibilities shall be those
contained in the Pasadena Contract as modified herein.
(1) In this Agreement, the Contractor shall provide all necessary processing
equipment, fuel, labor, insurance and supplies to process the wood
material delivered to 3030 Ferry Road, Baytown, Texas.
(2) In the event that access to the primary recycling yard is obstructed or that
a storm event causes the volumes of woody material collected to exceed
the physical capacity of the City's primary location referenced in
subsection (1) above, the City shall provide an alternative processing yard.
d. Gratuities. The City may terminate this Agreement if the City Council finds that
gratuities were offered or given by the Contractor, or any agent or representative
of the Contractor to any officer or employee of the City to secure favorable
treatment with respect to the awarding, amending or making of any determination
with respect to the performance of the Agreement.
C. Payments. Invoices should be sent to the City of Baytown, Attn: Accounts
Payable, P.O. Box 424, Baytown, TX 77522.
E Prompt Payment Act, The City will comply with the Prompt Payment Act as
modified herein.
1.02 Award of Contract. Upon the execution of this Agreement and prior to performing any
work hereunder, the Contractor shall deliver to the City all certificates of insurance
required in this Agreement. The Contractor shall be prepared to perform the work in the
most expedient manner possible. The work shall be commenced within ten (10) calendar
days of the date specified in the written notice and shall be completed within thirty days
of such date specified or such other date as agreed to by the parties in writing. In the
event of any dispute, the records of the City shall be conclusive evidence as to the
commencement date. Time is of the essence in this Agreement.
1.03 Cites Representative. The project shall be administered by the City's Director of Public
Works or his designee (the "City's Representative "), who shall periodically review and
shall inspect the work of the Contractor and inspect the work performed under this
SS;glementaf Agreement Page 2
Agreement to ensure that said work is performed in accordance with this Agreement.
The Contractor shall regard and obey the directions and instructions of City's
Representative, provided such directions and instructions are consistent with the
obligations of this Agreement. Should the Contractor object to any orders by the City's
Representative, the Contractor may within two (2) calendar days from receipt of such
order make written appeal to the City Manager for his decision.
1.04 Work. The Contractor shall complete and be responsible for all work as specified,
indicated, or described in this Agreement. All work done shall be in strict conformity
with this Agreement. In the event that the Contractor fails to perform the work as
required, the City may contract with a third party to complete the work and the
Contractor shall assume and pay the costs of the performance of the work specified or
contemplated by the Agreement. The Contractor shall provide and pay for all materials,
supplies, machinery, equipment, tools, superintendents, laborers, insurance, fuel,
transportation, and all other facilities and utilities necessary for the execution and
completion of the work specified or contemplated in the Agreement. All work shall be
done in strict conformity with the Agreement and recognized industry standards.
a. Throughout the progress of the work, the Contractor shall load into City- provided
containers all rubbish, resulting from any of his work. At the completion of the
work, the Contractor shall leave the premises in a clean and finished condition.
Any failure to do so may be remedied by the City or its designee and charged
back to the Contractor.
b. The Contractor shall take the necessary precautions to protect any areas adjacent
to its work.
C. The Contractor shall at all times exercise reasonable precautions for the safety of
employees and others on or near the work and shall comply with all applicable
provisions of Federal, State, and Municipal safety laws and building and
construction codes. All machinery and equipment and other physical hazards
shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of the Associated General Contractors of America except where
incompatible with Federal, State, or Municipal laws or regulations. The
Contractor shall provide such machinery guards, safe walkways, ladders, bridges,
gangplanks, and other safety devices. The safety precautions actually taken and
their adequacy shall be the sole responsibility of the Contractor, acting at his
discretion as an independent contractor.
d. City agrees to provide to Contractor an accurate accounting of the incoming brush
to be chipped before Contractor will begin processing the brush. When the
amount of brush at the chip site reaches approximately 10,000 cubic yards,
Contractor will mobilize its grinding equipment to the chip site and grind all of
the material.
Smgplemental AgEament. Page 3
1.05 Progress of Work. The Contractor shall coordinate its activities and work with the City.
If requested by the City's Representative, the Contractor shall provide schedules of
planned activities and the estimated dates as and when requested by the City's
Representative. The Contractor shall attend additional meetings called by the City or the
City's Representative upon twenty-four (24) hours' notice unless otherwise agreed by the
parties. Throughout the progress of the work, the Contractor shall keep the working area
free from debris of all types and load into City- provided containers all rubbish resulting
from any work being done by it. At the completion of the work, the Contractor shall
leave the premises in a clean and finished condition. Any failure to do so may be
remedied by the City or its designee and charged back to and permanently withheld from
the Contractor.
1.06 Inspections. The City reserves the right to enter the property by such employee(s) or
agent(s) as it may elect for the purpose of inspecting the work or to perform collateral
work as the City deems necessary. Additionally, the City shall have the right, at any
reasonable time, to observe the work.
1.07 Work StopplLe. The City or the City's Representative shall have the right to order the
work of the Contractor or any subcontractor wholly or partially stopped immediately (i) if
in the judgment of the City or the City's Representative, any of the work being done is
not in strict accordance with. this Agreement; (ii) until objectionable equipment or
materials are removed; or (iii) if any portion of the work is being performed so as to
create a hazardous condition. Such stoppage or suspension shall neither invalidate any of
the Contractor's performance obligations under this Agreement, including time of
performance and deadlines therefor, nor will extra charge be allowed the Contractor by
reason of such stoppage or suspension.
1.08 Time. The Contractor agrees that it shall not be entitled to, nor will it request an
extension of time for performance of the work under this Agreement, except as provided
in Section 3.01 hereof.
1.09 Communications. The Contractor shall forward all communications, written or oral, to
the City through the City's Representative.
1.010 Payment .
a. By the City. The Contractor agrees to perform the work for all of the work under
this Agreement and the City agrees to pay the Contractor based upon the unit
prices enumerated in the Agreement for the actual amount of work done.
Reduction in the scope or quantity of work on unit price items shall merely reduce
the number of units. The Contractor shall never be entitled to anticipated or lost
profits on the deleted or reduced portion of the work.
The City's Representative shall review Contractor's invoices and supporting data,
determine the amount owed to the Contractor and approve the appropriate
payment to Contractor in such amounts. The Contractor shall submit invoices to
SugRi mental AgMgment page 4
the City's Representative for payment after final completion of the work
requested in the notice. Whenever the Contractor's invoices include payment for
work that is determined to be either (1) not in accordance with this Agreement, or
(2) not finally complete, the City may, in its sole discretion, withhold payment.
Payments will be made, less any amounts that may be withheld in accordance
with this Agreement. Each undisputed invoice is due and payable by the City
within thirty days following the date of its receipt by the City or within thirty days
of receipt of the invoiced services, whichever is later. No invoice shall be
submitted prior to the City accepting the work for which it is being invoiced.
1.011 Le agCompliance. The Contractor shall secure and pay all permits, fees, licenses, and
inspections necessary for the proper execution and completion of the work. Additionally,
the Contractor shall have the sole obligation to pay any and all charges and fees and give
all notices necessary to and incidental to the lawful prosecution of the work hereunder.
The Contractor will not, however, be required to pay for any permit fees for permits to be
issued by the City of Baytown, which will be waived in conjunction with this Agreement.
The Contractor shall give all notices required by law or that may be otherwise required
by the City and comply with all laws, ordinances, regulations, codes, rules and lawful
orders of all public authorities bearing on the performance of the work.
1.012 Modification. This Agreement may not be altered, changed or amended except by
instrument in writing executed by the parties hereto.
II.
Insurance, Indemnity
2.01 Insurance. Throughout the term of this Agreement, the Contractor at its own expense
shall purchase, maintain and keep in force and effect insurance against claims for injuries
to or death of persons or damages to property which may arise out of or result from the
Contractor's services, whether such services be by the Contractor, its agents,
representatives, volunteers, employees or subcontractors or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable.
The Contractor's insurance coverage shall be primary insurance with respect to the City,
its officers, agents and employees. Any insurance or self - insurance maintained by the
City, its officials, agents and employees shall be considered in excess of the Contractor's
insurance and shall not contribute to it. All coverage for subcontractors shall be subject
to all of the requirements stated herein.
The following insurance shall be required under this Agreement and shall meet or exceed
the minimum requirements set forth herein and those set forth in the Pasadena Contract:
1. Commercial General Liability
■ General Aggregate: $1,000,000
SunWemental Agreement Page 5
• Per Occurrence: $500,000
• Coverage shall be at least as broad as ISO CG 00 01 10 93
• No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
2. Business Automobile Policy
• Combined Single Limits: $1,000,000
• Coverage for "Any Auto"
3. Workers' Compensation
• Statutory Limits
• Employer's Liability $1,000,000
• Waiver of Subrogation required.
Prior to any work being performed on the site, the Contractor shall file with the City valid
Certificates of Insurance and endorsements acceptable to the City. Such Certificates shall
contain a provision that coverage afforded under the policies will not be canceled,
suspended, voided, or reduced until at least thirty (30) days' prior written notice has been
given to the City via certified mail, return receipt requested.
The Contractor shall also file with the City valid Certificates of Insurance covering all
subcontractors.
The following are general requirements applicable to all policies:
AM Best Rating of B +; VIl or better for all liability policies.
Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative. Certificates of Insurance showing evidence of insurance coverage
shall be provided to City of Baytown's representative prior to any work being
performed at the site.
Liability policies must be on occurrence form.
➢ Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has been given to the
City.
The City, its officers, agents and employees are to be added as Additional Insureds to
all liability policies.
Upon request and without cost to the City, certified copies of all insurance polices
and/or certificates of insurance shall be furnished to the City.
D Upon request of and without cost to City of Baytown, loss runs (claims listing) of any
and/or all insurance coverage shall be furnished to City of Baytown's representative.
implemental AgWtent. Page 6
2.02
THE CONTRACTOR AGREES TO AND SHALL INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES (HEREINAFTER COLLECTIVELY
REFERRED TO AS THE "CITY "), FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION,
SUITS AND LIABILITY OF EVERY KIND, INCLUDING, BUT NOT
LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY
PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THE WORK PROVIDED BY THE
CONTRACTOR PURSUANT TO THIS AGREEMENT, THE
CONDUCT OR MANAGEMENT OF THE CONTRACTOR'S
BUSINESS OR ACTIVITIES, OR FROM ANY OTHER ACT OR
OMISSION BY THE CONTRACTOR, ITS AGENTS, AND
EMPLOYEES, WHEN PERFORMING WORK IN ACCORDANCE
WITH THIS AGREEMENT, WHERE SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED BY THE JOINT NEGLIGENCE OF THE
CITY AND ANY OTHER PERSON OR ENTITY AND /OR BY THE
JOINT OR SOLE NEGLIGENCE OF THE CONTRACTOR. IT IS
THE EXPRESSED INTENTION OF THE PARTIES HERETO,
BOTH THE CONTRACTOR AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY THE CONTRACTOR TO INDEMNIFY AND
PROTECT THE - CITY, .*.l ITS OFFICERS, AGENTS AND
EMPLOYEES FROM THE CONSEQUENCES OF (n THE CITY'S
OWN • NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE RESULTING INJURY, DEATH
OR DAMAGE AND /OR (II) THE CONTRACTOR'S JOINT AND /OR
SOLE NEGLIGENCE. FURTHERMORE, THE INDEMNITY
PROVIDED FOR IN THIS • PARAGRAPH SHALL HAVE NO
APPLICATION TO -THE � i CITY : FOR ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE
THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF, THE CITY, UNMIXED WITH THE FAULT OF
ANY OTHER PERSON OR ENTITY. IN THE EVENT THAT ANY
ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY
BY REASON OF ANY OF THE ABOVE, THE CONTRACTOR
FURTHER AGREES • � AND . COVENANTS TO DEFEND THE
Sunalemental AaMent, Page 7
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE
TO THE CITY.
The indemnity provided hereinabove shall survive the termination and/or expiration of
this Agreement.
By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Agreement or any other contract or agreement, any charter, or
applicable state law. Nothing herein shall be construed so as to Iimit or waive the
City's sovereign immunity. The Contractor assumes full responsibility for its work
performed hereunder and hereby releases, relinquishes and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, Including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees,
or other third parties) and any loss of or damage to property (whether the property
be that of either of the parties hereto, their employees, or other third parties) that is
caused by or alleged to be caused by, arising out of, or in connection with the
Contractor's work to be performed hereunder. This release shall apply with respect
to the Contractor's work regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance.
ARTICLE III.
MlsceUaneous Provisions
3.01 Force Majeure. Neither the City nor Contractor shall be required to perform any term,
condition or covenant of this Agreement while such performance is delayed or
interrupted by acts of God, material or labor restrictions by any governmental authority,
civil riot, flood, hurricanes or other natural disasters, any other cause not within the
control of the City or Contractor that by the exercise of due diligence the City or
Contractor is unable wholly or in part, to prevent or overcome and supersedes all prior
agreements and understandings_.between City and Contractor concerning the subject
matter of this Agreement. Any. such delay in performance shall be excused only for the
same amount of time as the occurrence giving rise to the delay shall have lasted or such
period of time as is reasonably necessary, ,after such .occurrence abates for the effects
thereof to have dissipated as determined in the sole discretion of the City.
3.02 Entire Agreement. This Agreement constitutes the entire agreement between the City
and Contractor. No agreements, amendments, modifications, implied or otherwise, shall
be binding on any of the parties unless set forth in writing and signed by both parties.
3.03 Notice, Any notice required to be given pursuant to the teams and provisions of this
Agreement shall be in writing and. shall be mailed by certified or registered mail
addressed as set forth below or at such other address as may be specified by written
notice:
Sugglemental A mumem Page 8 „,
CONTRACTOR
Novus Wood Group,L.P.
Aitn:Steve M.Gliormlcy
5900 Haynesworth Lane
Houston,TX 77034
FAX:281-922-1474
CITY
City of Baytown
Attn:City Manager
P.O.Box 42-T
Baytown.TX 77522
FAX:281-420-6586
3.04 Construction of Agreement.The parties agree that this Agreement shall not be construed
in favor of or against any party on the basis that (he party did or did not author this
Agreement.
3.05 Prom-ess Reports.The Contractor at such times and In such forms as the City may
require,shall furnish the City such periodic reports as it may requesi pertaining to (he
work undertaken pursuant tothis Agreement.
3.06 Venue.Venue for all purposes under this agreement shall be Harris County.Texas.The
Contractor shall comply with all applicable Federal and Stalelaws,statutes,codes,and
any applicable permits,ordinances,rules,orders and regulations of any local,state or
federal government authority having or asserting jurisdiction.
3.07 Authority.The officers executing this Agreement onbehalfofthe parties hereby confirm
that such officers have full authority to execute this Agreement and to bind the party
he/she represents.
IN WITNESS HEREOF,the parties have executed this agreement in duplicate originals
at Baytown,Harris County,Texas.
CITYOFHAYTOWN
City Manager
Supplemental Agreement.Page ")
APPROVED AS TO FORM:
IO RAMIREZ,SR.,Ci#Ytt'orney
NOVUS WOOD GROUP,L.P
Signature
Printed Name
Title
STATE OF TEXAS
COUNTY OFHARRIS
Before me..tVw^Tvf tv\"lYYft-,the undersigned notary public,on this day
personally appeared ^^MPtou.fa-lllwzutfus ■the Uice YrcScdenf ofNovus Woodtpheu-nj-^liUfuJuf ■the
f such limited partnershipGroup.L.P.,yii behalf ol
known to me:
proved to me on the oath of ;or
proved to me through his/hercurrent
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me
that he/she executed that instrument for the purposes and consideration therein expressed.
Given under my handand seal of office this A .20II.
JENNIFER J.GUERRA
My Commission Expires
October 20,2013
Notary Public in and for the Stale of
Texas ^t
My commission expires:\*|
doe
Supplemental Aiircumeiu.1'aye 10