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2005-199
ORDINANCE NO. Z0&)5--14q AN ORDINANCE OF THE CITY OF DENTON ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION FOR THE CITY OF DENTON TRAFFIC DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3340-THREE YEAR CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION AWARDED TO LOWEST RESPONSIBLE BIDDER, DURABLE SPECIALTIES, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $100,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the 'Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of rids to be used for the purchase of the materials, equipment, supplies or services approved and ace fun epted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3340 Durable Specialties, Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER. CITY ATTOR BY: 3-ORD-BID 3340 Bid #3340 Exhibit A Date: 6/28105 Three -Year Contract for Traffic Signal Construction ITEM CITY. DESCRIPTION Vendor Durable Specialties, Inc. Principle Place of Business Duncanville, TX 1 400 TRENCH/BACKFILUASPHALT 2"WIDE - 24"DEPTH (MIN) LINEAR FT. $4.00 2 400 TRENCH/BACKFILUASPHALT 3"WIDE - 24"DEPTH $4.00 (MIN) LINEAR FT. 3 400 TRENCH/BACKFILUASPHALT 4"WIDE - 24"DEPTH $4.00 (MIN) LINEAR FT. 4 400 TRENCH/BACKFILUCONCRETE 2"WIDE - 24" DEPTH $6.00 (MIN) LINEAR FT. 5 400 TRENCH/BACKFILUCONCRETE 3"WIDE - 24" DEPTH $6.00 (MIN) LINEAR FT. 6 400 TRENCH/BACKFILUCONCRETE 4"WIDE - 24" DEPTH $6.00 (MIN) LINEAR FT. 7 400 TRENCH/BACKFILUDIRT 2"WIDE - 24" DEPTH (MIN) $3.50 LINEAR FT. 8 400 TRENCH/BACKFILUDIRT 3"WIDE - 24" DEPTH (MIN) $3.50 LINEAR FT. 9 400 TRENCH/BACKFILUDIRT 4"WIDE - 24" DEPTH (MIN) $3.50 LINEAR FT. 10 400 TRENCH/BACKFILUSOD 2"WIDE - 24" DEPTH (MIN) $3.60 LINEAR FT. 11 400 TRENCH/BACKFILL/SOD 3"WIDE - 24" DEPTH (MIN) $3.60 LINEAR FT, 12 400 TRENCH/BACKFILUSOD 4"WIDE - 24" DEPTH (MIN) $3.60 LINEAR FT. 13 400 TRENCH/BACKFILUASPHALT/NO RESTORATION $3.50 2"WIDE - 24" DEPTH (MIN) LINEAR FT. 14 400 TRENCH/BACKFILL/ASPHALT/NO RESTORATION $3.50 3"WIDE - 24" DEPTH (MIN) LINEAR FT. 15 400 TRENCH/BACKFILL/ASPHALT/NO RESTORATION $3.50 4"WIDE - 24" DEPTH (MIN) LINEAR FT. 16 400 TRENCH/BACKFILUCONCRETE/NO RESTORATION $4.00 2"WIDE - 24" DEPTH (MIN) LINEAR FT. 17 400 TRENCH/BACKFILUCONCRETE/NO RESTORATION $4.00 3"WIDE - 24" DEPTH (MIN) LINEAR FT. 18 400 TRENCH/BACKFILL/CONCRETE/NO RESTORATION $4.00 4"WIDE - 24" DEPTH (MIN) LINEAR FT. 19 40 POTHOLING IN DIRT 12"WIDE - 30" OR LESS DEEP $75.00 20 40 POTHOLING IN DIRT 12"WIDE - 31" - 48" OR LESS $75.00 DEEP 21 40 POTHOLING/ASPHALT UP TO 7.75" - 12"WIDE - 30" $100.00 OR LESS DEEP 22 40 POTHOLING/ASPHALT UP TO 7.75" - 12"WIDE - 31"- $100.00 48" OR LESS DEEP 23 40 POTHOLING/ASPHALT 8" to 11.75" - 12"WIDE - 30" OR $100.00 LESS DEEP 24 40 POTHOLING/ASPHALT 8" to 11.75" - 12"WIDE - 31"- $100.00 48" OR LESS DEEP 25 40 POTHOLING/ASPHALT 12" to 15" - 12"WIDE - 30" OR $100.00 LESS DEEP 26 40 POTHOLING/ASHPALT 12" TO 15' - 12"WIDE - 31"- $100.00 48" OR LESS DEEP 27 30 PULL BOX WITH CONCRETE APRON $480.00 INSTALL/INCLUDING CONDUIT TIE IN Bid #3340 Exhibit A Date: 6/28/05 Three -Year Contract for Traffic Signal Construction ITEM CITY. DESCRIPTION Vendor Durable Specialties, Inc. Principle Place of Business Duncanville, TX 28 30 PULL BOX REMOVAL $50.00 29 6 INSTALL CABINET FOUNDATION $2,000.00 30 6 REMOVE CABINET FOUNDATION $200.00 31 6 INSTALL TRAFFIC SIGNAL CABINET $5,000.00 32 6 REMOVE TRAFFIC SIGNAL CABINET $100.00 33 2000 INSTALL 2" SCHEDULE 80 PVC $3.50 34 2000 INSTALL 3" SCHEDULE 80 PVC $3.50 35 2000 INSTALL 4" SCHEDULE 80 PVC $3.50 36 8 PEDESTRIAN POLE INSTALL $250.00 37 8 PEDESTRIAN POLE REMOVE $50.00 38 8 INSTALL STRAIN POLE $550.00 39 8 STRAIN POLE (WOOD) INSTALL WITH CONCRETE AND GUY WIRES $1,000.00 40 8 STRAIN POLE (WOOD) REMOVE WITH CONCRETE AND GUY WIRES $250.00 41 8 INSTALL TRAFFIC SIGNAL POLE SHAFTS (VARIOUS SIZES) $1,000.00 42 8 REMOVE TRAFFIC SIGNAL POLE SHAFTS(VARIOUS SIZES) $200.00 43 2000 INSTALL SPAN WIRE $2.50 44 8 MAST ARM INSTALL 15'-29' $50.00 45 8 MAST ARM INSTALL 30'-39' $50.00 46 8 MAST ARM INSTALL 40'-49' $50.00 47 8 MAST ARM INSTALL 50'-55' $75.00 48 8 MAST ARM REMOVE 15'-29' $50.00 49 8 MAST ARM REMOVE 30'-39' $50.00 50 8 MAST ARM REMOVE 40'-49' $50.00 51 8 MAST ARM REMOVE 50'-55' $50.00 52 8 MAST ARM RESET $250.00 53 32 PEDESTRIAN SIGNAL HEAD INSTALL/COUNTDOWN $150.00 54 32 PEDESTRIAN SIGNAL HEAD REMOVE $20.00 55 32 PEDESTRIAN PUSH BUTTON INSTALL $50.00 56 32 PEDESTRIAN PUSH BUTTON REMOVE $10.00 57 32 PEDESTRIAN PUSH BUTTON STATION HOUSING IINSTALL $50.00 Bid #3340 Exhibit A Date: 6128105 Three -Year Contract for Traffic Signal Construction ITEM CITY. DESCRIPTION Vendor Durable Specialties, Inc. Principle Place of Business Duncanville, TX 58 32 PEDESTRIAN PUSH BUTTON STATION HOUSING REMOVE $10.00 59 16 PEDESTRIAN INSTRUCTIONAL SIGN INSTALL $5.00 60 INSTALL LOOP DETECTOR $5.75 61 32 INSTALL MICRO LOOP $300.00 62 INSTALL TELEPHONE INTERCONNECT $2.00 63 INSTALL OPTICOM LEAD IN WIRE $2.00 64 12 OPTICOM SENSOR INSTALL $150.00 65 12 VIDEO DETECTOR AERIAL MOUNT $350.00 66 INSTALL VIDEO DETECTOR CABLE $2.00 67 INSTALL #6 BARE BOND GROUND WIRE $1.00 68 40 BUILD/INSTALL 3—SECTION SIGNAL HEAD WITH BACKPLATE $350.00 69 40 REMOVE 3 —SECTION SIGNAL HEAD WITH BACKPLATE $50.00 70 20 BUILD/INSTALL 5 - SECTION SIGNAL HEAD WITH BACKPLATE $380.00 71 20 REMOVE 5 - SECTION SIGNAL HEAD WITH BACKPLATE $50.00 72 20 BUILD/INSTALL 5 - SECTION CLUSTER(DOGHOUSE) SIGNAL HEAD WITH BACKPLATE $380.00 73 20 REMOVE 5 - SECTION CLUSTER(DOGHOUSE) SIGNAL HEAD WITH BACKPLATE $50.00 74 6 TRAFFIC CONFIRMATION LIGHT WITH CLEAR GLOBE AND MOUNTING HARDWARE $150.00 75 4 INSTALL OMNI ANTENNA, DB PRODUCTS DB589 $450.00 76 4 INSTALL YAGI ANTENNA, MAXRAD MYA93012 $455.00 77 INSTALL 19120 CONDUCTOR SIGNAL CABLE $2.00 78 REMOVE 19/20 CONDUCTOR SIGNAL CABLE $1.00 79 INSTALL 7 CONDUCTOR SIGNAL CABLE $2.00 80 REMOVE 7 CONDUCTOR SIGNAL CABLE $2.00 81 INSTALL LOOP LEAD IN 4 CONDUCTOR CABLE $2.00 82 REMOVE LOOP LEAD IN 4 CONDUCTOR CABLE $2.00 83 INSTALL #6 SERVICE CABLE $2.00 84 INSTALL VIDEO CABLE $3.00 Bid #3340 Exhibit A Date: 6128/05 Three -Year Contract for Traffic Signal Construction ITEM QTY. DESCRIPTION Vendor Durable Specialties, Inc. Principle Place of Business Duncanville, Tx 85 INSTALL ANTENNA CABLE LMR 400 OR EQUAL $3.00 86 12 CONCRETE FORMS AND 90 DEGREE PVC $2,000.00 SCHEDULE 40 ELBOW(TXDOT SPEC) AND 87 12 REMOVE 30" CAISONS. $225.00 INSTALL 36" CAISONS WITH GROUND ROD,CAGE, 88 12 CONCRETE FORMS AND 90 DEGREE PVC $2,200.00 SCHEDULE 40 ELBOW(TXDOT SPEC) AND CONCRETE. 89 12 REMOVE 36" CAISONS. $200.00 INSTALL 48" CAISONS WITH GROUND ROD,CAGE, 90 12 CONCRETE FORMS AND 90 DEGREE PVC $4,250.00 SCHEDULE 40 ELBOW(TXDOT SPEC) AND CONCRETE. 91 12 INSTALL BACK LITE STREET NAME SIGNS $200.00 92 12 REMOVE 48" CAISON $200.00 93 12 INSTALL STREET NAME SIGNS (NON LITE) $200.00 94 32 INSTALL REGULATORY SIGNS ON MAST ARM $100.00 95 6 INSTALL WIND DAMPENER ON MAST ARM $50.00 96 24 PICK UP POLES AND MAST ARMS AND DELIVER TO $100.00 JOB SITE 97 3000 DIRECTIONAL BORE 4" W/RECEIVER PITS 36" MIN $11.00 DEPTH 98 1500 DIRECTIONAL BORE 2" W/RECEIVER PITS 36" MIN $11.00 DEPTH SHIPMENT ADDENDUM #1 YES SAFETY RECORD QUESTIONNAIRE YES CMD CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 27`h day of July A.D., 2005, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Durable Specialties, Inc. P.O. Box 381788 Duncanville Texas 75138 of the City of Duncanville, County ofDallas and State ofTexas, hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid # 3340 — Three -Year Contract for Traffic Signal Construction as per Attachment A and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph 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. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: cct,'- 1 LtiI-112 v City of Denton OWNER BY: 9 (SEAL) C- PCj &2x C lavAtVCA 25 L38' MAILING ADDRESS PHONE NUMBER FAX NUMBER BY: i" P 0' i d e- TITLE CA-3 1e 11 V'-eN C- 8 r'q / ✓1 PRINTED NAME (SEAL) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractorshall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department; ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be -on an"occurrence' basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $ combined bodily injury and property damage per occurrence with a $ aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $ per' claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket' basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless ofwhetherthat person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, priorto the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, priorto the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ATTACHMENT A CITY OF DENTON THREE-YEAR CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION EST. TOTAL ITEM CITY. DESCRIPTION UNIT PRICE AMOUNT 400 ft TRENCH/BACKFILL/ASPHALT 2"WIDE - 24"DEPTH (MIN) M 1 LINEAR FT. W 2 ft TRENCH/BACKFILL/ASPHALT 3"WIDE - 24"DEPTH (MIN) QD I U130-�y� Ui 400 LINEAR FT. ft TRENCH/BACKFILL/ASPHALT 4"WIDE - 24"DEPTH (MIN) OQ O� 3 400 LINEAR FT. ft TRENCH/BACKFILL/CONCRETE 2"WIDE - 24" DEPTH (MIN) D� n �� �� at 4 400 LINEAR FT. - It TRENCH/BACKFILL/CONCRETETWIDE-24"DEPTH (MIN) /_ o r1 01 / 00.0D "1 5 400 LINEAR FT. lD ft TRENCH/BACKFILL/CONCRETE 4"WIDE - 24" DEPTH (MIN) �� �� -00 6 400 LINEAR FT. 400 It TRENCH/BACKFILL/DIRT 2"WIDE - 24" DEPTH (MIN) LINEAR 3 5C I HOD. CD 7 FT. J ft TRENCH/BACKFILL/DIRT T WIDE - 24" DEPTH (MIN) LINEAR � � 00•0L 8 400 FT. 400 ft TRENCH/BACKFILL/DIRT 4"WIDE - 24" DEPTH (MIN) LINEAR © 0� 9 FT. ft TRENCH/BACKFILL/SOD 2"WIDE-24" DEPTH (MIN) LINEAR �o gq0.00 10 400 FT. ft TRENCH/BACKFILL/SOD T WIDE - 24" DEPTH (MIN) LINEAR 3,0D '( 4146 Q� M 11 400 FT. 400 ft TRENCH/BACKFILL/SOD 4"WIDE - 24" DEPTH (MIN) LINEAR �. 3 I 1110 OD l 11 12 FT. W V I 400 ft TRENCH/BACKFILL/ASPHALT/NO RESTORATION 2"WIDE - Db 13 24" DEPTH MIN LINEAR FT. ft TRENCH/BACKFILL/ASPHALT/NO RESTORATION 3"WIDE - 3 5D ' lJ lJDU DD 14 400 24" DEPTH MIN LINEAR FT. ft TRENCH/BACKFILL/ASPHALT/NO RESTORATION 4"WIDE -g 15 400 24" DEPTH MIN LINEAR FT. ft TRENCH/BACKFILL/CONCRETE/NO RESTORATION 2"WIDE� to24" 16 400 DEPTH MIN LINEAR FT. TRENCH/BACKFILL/CONCRETE/NO RESTORATION 3"WIDE�MCDNEAR 17 400 ft ft TRENCH/BACKFILL/CONCRETE/NO RESTORATION 4"WIDE ry\ ww 18 400 24" DEPTH MIN LINEAR FT. 19 40 POTHOLING IN DIRT 12"WIDE - 30" OR LESS DEEP ,Q(� ODD -DD 20 40 POTHOLING IN DIRT 12"WIDE - 31" - 48" OR LESS DEEP 15,Do 7j ODD. POTHOLING/ASPHALT, UP TO 7.75" - 12"WIDE - 30" OR O�IOv DD�.W 21 40 LESS DEEP POTHOLING/ASPHALT UP TO 7.75" - 12"WIDE - 31" - 48" OR OD• D� ODD. nil (N 22 40 LESS DEEP 40 POTHOLING/ASPHALT 8" to 11.75" - 12"WIDE - 30" OR LESS OD.CO WD•00 23 DEEP 24 40 POTHOLING/ASPHALT 8" to 11,75" - 12"WIDE - 31" - 48" OR �D•�� OD�'� LESS DEEP 25 40 POTHOLING/ASPHALT 12" to 15" - 12"WIDE - 30" OR LESS DEEP 26 40 POTHOLING/ASHPALT 12" TO 15" - 12" WIDE - 31" - 48" OR D J 17b DD . l 000.L LESS DEEP PAGE 1 OF BID #3340 Bidder's Initials CITY OF DENTON THREE-YEAR CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION ITEM EST. CITY. DESCRIPTION UNIT PRICE TOTAL AMOUNT 27 30 PULL CONDUIT BOX WITH CONCRETE APRON INSTALL/INCLUDING TIE IN UV �� �� �� 28 30 PULL BOX REMOVAL 77ov�. 29 1 6 INSTALL CABINET FOUNDATION p(�,�j) p� Dlk.�•DD .� ci31 30 CABINET FOUNDATION aDD,DD +6REMOVE ALL TRAFFIC SIGNAL CABINET 5oxo DOD, co 32 6 REMOVE TRAFFIC SIGNAL CABINET DO.QD 0D,00 33 2000 ft INSTALL 2" SCHEDULE8O VC��77'\34 2000 ft INSTALL 3" SCHEDULVC ✓D 11 ox-oD 35 2000 ft INSTALL 4" SCHEDULE 80 PVC 3 ,�Q ! ODD DD 36 8 PEDESTRIAN POLE INSTALL aSD,DD DOD -OD 37 8 PEDESTRIAN POLE REMOVE D,DD yDD,DD 38 8 INSTALL STRAIN POLE IllAD q W,DD 39 8 STRAIN POLE (WOOD) INSTALL WITH CONCRETE AND GUY WIRES I DODAD S DODW 40 g STRAIN POLE (WOOD) REMOVE WITH CONCRETE AND GUY WIRES O� 41 8 INSTALL TRAFFIC SIGNAL POLE SHAFTS (VARIOUS SIZES) p()p,Q17 g Clb•OI% 42 8 REMOVE TRAFFIC SIGNAL POLE SHAFTS(VARIOUS SIZES) I 200,DoDD DD 43 2 00 44 8 MAST ARM INSTALL 15'-29' �(�, DID VOD.DD 45 8 MAST ARM INSTALL 30'-39' OLD 46 8 MAST ARM INSTALL 40'-49' 50.0C) ti MOD 47 8 MAST ARM INSTALL50'-55' �S,DD (DD,DD 48 8 MASTARMREMOVE15'-29' SD.DD 1400,cD 49 8 MAST ARM REMOVE 30'-39' D,DD {OD.DD 50 8 MAST ARM REMOVE 40'-49' D.DD �jpD.D� 51 8 MAST ARM REMOVE 50'-55' 5D,Do gDOW 52 8 MAST ARM RESET MUD � 0DD,W PAGE 2 OF BID #3340 Bidder's Initials Itib CITY OF DENTON THREE-YEAR CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION EST. TOTAL ITEM CITY. DESCRIPTION UNIT PRICE AMOUNT 53 32 PEDESTRIAN SIGNAL HEAD INSTALL/COUNTDOWN 00,00 I 900'w 54 32 PEDESTRIAN SIGNAL HEAD REMOVE AM() 4D.CD 55 32 PEDESTRIAN PUSH BUTTON INSTALL D,00 [Iboo,CD 56 32 PEDESTRIAN PUSH BUTTON REMOVE O-Do 9p,cD 57 32 PEDESTRIAN PUSH BUTTON STATION HOUSING INSTALL D, DD w.DD 58 32 PEDESTRIAN PUSH BUTTON STATION HOUSING REMOVE �p,UD 3aD,w 59 16 PEDESTRIAN INSTRUCTIONAL SIGN INSTALL S,O� ?D.OD 60 L/F INSTALL LOOP DETECTOR Fj15 61 32 INSTALL MICRO LOOP ODOR q 0, DD 62 OF INSTALL TELEPHONE INTERCONNECT a •DO 63 L/F INSTALL OPTICOM LEAD IN WIRE ,DC) 64 12 OPTICOM SENSOR INSTALL %,0D 1, BW,OD 65 12 VIDEO DETECTOR AERIAL MOUNT 2.OD OW,OD 66 L/F INSTALL VIDEO DETECTOR CABLE a D� 67 L/F INSTALL #6 BARE BOND GROUND WIRE , Op 68 40 BUILD/INSTALL 3 -SECTION SIGNAL HEAD WITH BACKPLATE 69 40 REMOVE 3 -SECTION SIGNAL HEAD WITH BACKPLATE 70 20 BUILD/INSTALL 5 - SECTION SIGNAL HEAD WITH BACKPLATE %OD,D bob,DD 71 20 REMOVE 5 - SECTION SIGNAL HEAD WITH BACKPLATE 50,DD liOMOD 72 20 BUILD/INSTALL 5 - SECTION CLUSTER(DOGHOUSE) SIGNAL HEAD WITH BACKPLATE I�� DV N lI n ��'N1 I W 73 20 REMOVE 5 - SECTION CLUSTER(DOGHOUSE) SIGNAL HEAD WITH BACKPLATE 5D•OD DOD,OD 74 6 TRAFFIC CONFIRMATION LIGHT WITH CLEAR GLOBE AND MOUNTING HARDWARE 5D' DD MM W'W 75 4 INSTALL OMNI ANTENNA, DB PRODUCTS DB589 L�SD,pD I S�o,DD 76 4 INSTALL YAGI ANTENNA, MAXRAD MYA93012 (� 650D 77 L/F INSTALL 19/20 CONDUCTOR SIGNAL CABLE OD 78 OF REMOVE 19/20 CONDUCTOR SIGNAL CABLE DD PAGE 3 OF BID #3340 Bidder's Initials _511v CITY OF DENTON THREE-YEAR CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION EST. TOTAL ITEM CITY. DESCRIPTION UNIT PRICE AMOUNT 79 OF INSTALL 7 CONDUCTOR SIGNAL CABLE Du 80 L/F REMOVE 7 CONDUCTOR SIGNAL CABLE 00 81 OF INSTALL LOOP LEAD IN 4 CONDUCTOR CABLE , DO 82 OF REMOVE LOOP LEAD IN 4 CONDUCTOR CABLE D() 83 L/F INSTALL #6 SERVICE CABLE 00 84 OF INSTALL VIDEO CABLE 4QQ 85 OF INSTALL ANTENNA CABLE LMR 400 OR EQUAL 3 DO 86 12 INSTALL 30" CAISONS WITH GROUND ROD,CAGE, CONCRETE FORMS AND 90 DEGREE PVC SCHEDULE 40 ELBOW(TXDOT SPEC) AND CONCRETE. I l LP Pei' h N 00 A l v 87 12 REMOVE 30" CAISONS. p( n�ow 9nnID,,,, rW� 88 12 INSTALL 36" CAISONS WITH GROUND ROD,CAGE, CONCRETE FORMS AND 90 DEGREE PVC SCHEDULE 40 ELBOW(TXDOT SPEC) AND CONCRETE. I cF 1.)e10 W r]� / lDD 89 12 REMOVE 36" CAISONS. 90 12 INSTALL 48" CAISONS WITH GROUND ROD,CAGE, CONCRETE FORMS AND 90 DEGREE PVC SCHEDULE 40 ELBOW(TXDOT SPEC) AND CONCRETE. = ZOcF 1beGP �� 91 12 INSTALL BACK LITE STREET NAME SIGNS DQ,00 aft,00 92 12 REMOVE 48" CAISON A00. Do 40D OD 93 12 INSTALL STREET NAME SIGNS (NON LITE) 200.00 4MOD -�54— INBTACCREGIIL�STOAY-SIGNS oR IDfA=RW--- I 01D.00 95 6 INSTALL WIND DAMPENER ON MAST ARM 50 cc (�(� 96 24 PICK UP POLES AND MAST ARMS AND DELIVER TO JOB SITE t! CO-00 QO DD 97 3000 ft DIRECTIONAL BORE 4" W/RECEIVER PITS 36" MIN DEPTH o0 33 0a).0D 98 1500 ft DIRECTIONAL BORE 2" W/RECEIVER PITS 36" MIN DEPTH Poo lot, Shipment can be made in days from receipt of order. 'Prices shall be bid F.O.B. Denton "In case of calculation error, unit pricing shall prevail -n I �-aq-o7 Date Signature Compa y Name PAGE 4 OF BID #3340 Bidder's Initials :%b_ CITY OF DENTON THREE-YEAR CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions underwhich the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seg. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: AUTHOR!REPRESEVATIVE: Du r e, :ioc • Signature G �D �ba 38 a 8g Date I!9 "a�7'y �Llfr1(riAV���Q �J3Z_ Name C. oCf Title Qtit, _ /A-'; J Ii 7 COMPANY IS: ` / Business included in a Corporate Income Tax Return? v YES NO Corporation organized & existing under the laws of the State of Texa5 Partnership consisting of Individual trading as Principal offices are in the city of PAGE 5 OF BID #3340 Bidder's Initials JU- This cerfiflame is issued as a matter of information only and amens a afforded by the policies listed below. This is to certify that (Name and address of Insured) DURABLE SPECIALTIES, INC. 1211 S. Alexander SI Duncanville, TX 75138 not altered by Expiration Type Continuous" Extended X Policy Term Workers Compensation 05/31/2006 05/31/2006 / General Liability V-� HClaims Made / X Occurrence ./ Retro Date Automobile Liability i, X Owned X Non -Own X Hired O Name City of t lens Officials, Agenv, Emp)oyfa, am M Liabil, ty. E N i T certificate holder. ]Iris ces46cate is not an insurance policy and does not amend, extend, or alter the co,oage to all then team, exclusions and conditions and WC2-191-037877-015 Coverage afforded under WC law of Employers Liability the following states: Bodily Injury By Accident TX $500,000 /Each Accident Bodily Injury By Disease $500,000 Poliev Limit Bodily Injury By Disease $500,000 Each Person TBI-191-037877-035 General Aggregate -Other than Prod/Completed Operations $2,000,000 5 Products/Completed Operations Aggregate Bodily lnjurv' mddProperty Damage Liability $1,000,000 / Occurrence Personal and Advertising Injury Per Person / Other Liability Other Liability Each Accident - gle Limit - B. 1. and P. D. Combined $1,000,000 Each Person Each Accident or Occurrence Each Accident or Occurrence as additional insured as respects to General Liability and Auto -u me ceruvaK exptanoa date K overcomes or extended tertq you will be notified if coveage is teormemd or reduced before the certificate expiration dam. However, you will not be notified annually of the cootauatioo of cuvrnge. I Spoxial Notice -Ohio: Any person wb%with intent in dceaud or amwmg [fiat he / she is facilitating a fraud against an imantr, submits an application or files a claim containing a false or deceptive smtement is guilty, of msutmrte fined. Important mimeratiao to Florida policyholders and certificate holders: i Ithe ",or you have any questions or need infprmatioo about this certificate for my reason, please control your local sales producer, whose name and Kkpbune number appears in the Iowa left cement of this certificate. The appropriate local sales office trailing address may also be obtained by calling this monber. Notice of mreellation: Inn licable unless a number ofdays is a" below). Before the steed espaatinn dam the company will not cancel or reduce the insurance th tce afforded unde above Policies until at least 3 n notice ofsuch ®aWtioa has been waded m: Office: 1RVING. TX Phone: 972-550-7899 Certificate Holder. Karen Smith City of Denton 901B TBxas Street Denton, TX 76201 APRIL FEWELL Date Issued 08/05/2005 Prepared By: SA