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2012-033ORDINANCE No. 2012-033 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A FOUR YEAR CONTRACT FOR PAVEMENT MARKING 1NSTALLATION FOR THE CITY OF DENTON TRAFFIC DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4788-FOUR YEAR CONTRACT FOR PAVEMENT MARKING INSTALLATION AWARDED TO BTA SERVICES 1N THE ANNUAL ESTIMATED AMOUNT OF $200,000 FOR A FOUR YEAR ESTIMATED EXPENDITURE OF $800,000). WIIEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of Pavement Marking Installation services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 4788 BTA Services Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals 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 Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFP 4788 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance sha11 become effective immediately upon its passage and approval. J� PASSED AND APPROVED this the �f r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � �� ,�.,.,. day of , 2012. MARK A. B OU HS, MAYOR Exhibit A RFP 4788 Pricing Sheet for Pavement Marking installation The respondent shall complete the Following secNon, which directly correspands fo Secfion II- Scope of Services, & Sec V, Payment and Performance Requirements. The Contractor shall not make changes to this format. �x'a ��°�t�:�� .�m ,.��-,� , `, fi : ��,�, �€� �< ; BAFO BTAServices �.. >��130RS .�� ;� � } Ka ;` .PRTNCaIPALPLACEOFBiJSINESS.�,.`,�,.�`�.T� ,<'' ,,�' EST. ITEM ANNUNAL UOM Type of Ser�ice Requested Unit Price Total Price QTY. 1 20,000 LF 4" White Thermoplastic Install $ 0.70 $ 14,000.00 2 26,000 LF 4" Whfte Paint Install $ 0.15 $ 3,900.00 3 95,000 LF 4" Yellow Thermoplastic Install $ 0,70 $ 66,500.00 4 80,OD0 LF 4" Yellow Paint Install $ 0,15 $ 12,000.00 5 35,000 LF 4" Removal $ 0,50 $ 17,500.00 6 115,000 LF 4" Prep $ 0,10 $ 11,500.00 7 40,000 LF 4" Sealer $ 0.10 $ 4,000.00 8 30,000 LF 6" White Thermoplastic Install $ 0.98 $ 29,400.00 9 5,000 LF 6" Removal $ 0.60 $ 3,000.00 10 10,000 LF 6" Prep $ 0.12 $ 1,200.00 11 2,50Q LF 6" Sealer $ 0.13 $ 325.00 12 15,000 LF S" White Thermoplastic Install $ 1.22 $ 18,300.00 13 3,500 LF S" White Paint Install $ 0,30 $ 1,050.00 14 7,5D0 LF S" Removal $ 1,00 $ 7,500.00 15 15,000 LF S" Prep $ 0.15 $ 2,250.00 16 6,500 LF 8" Sealer $ 0,20 $ 1,300.00 17 4,000 LF 24" White Thermoplastic Install $ 4.50 $ 18,000.00 18 500 LF 24" Yellow Thermoplastic Install $ 4.60 $ 2,300.00 19 3,000 LF 24" Remove $ 2.00 $ 6,000.00 20 4,000 LF 24" Prep $ 1.00 $ 4,000.00 21 2,000 LF 24" Sealer $ 0.60 $ 1,200.00 22 100 EA Yield Line 16"x24" Triangle WhiteThermo Install $ 25.00 $ 2,500.00 23 20 EA Yield Line 16"x24" Triangle Remove $ 4.00 $ 50.00 24 100 EA Yield Line 16"x24" Triangle Prep $ 6.00 $ 600.00 25 100 EA Yield Line 16"x24" Triangle Sealer $ 3.00 $ 300.00 26 5 EA Symbol, 6' Preform Straight Arrow White Large Inst $ 110.00 $ 550.00 27 2 EA Symbol, 6'Preform Straight Arrow Remove $ 20.00 $ 40.00 28 5 EA Symbol, 6' Preform Straight Arrow Prep $ 5.00 $ 25.00 29 5 EA Symbol, 6' Preform Straight Arrow Sealer $ 15.00 $ 75.00 30 5 EA Symbol, 5'6" Preform Turn Arrow White Large Instal $ 125,00 $ 625.00 31 2 EA Symbol, 5'6" Preform Turn Arrow Remove $ z0,00 $ 40.00 32 5 EA Symbol, 5'6" Preform Turn Arrow Prep $ 5.00 $ 25.00 33 5 EA Symbol, 5'6" Preform Turn Arrow Sealer $ 15.00 $ 75.00 Exhibit A RFP 4788 Pricing Sheet for Pavement Marking Installation The respondent shnll complete the following secfion, which direcNy corresponds to SecNon II- Scope of Services, & Sec V, Payment and Performance Requiremenls. The Contractor shall not make changes to this format. s,� �� }r;��r°�.�',ji�.:,��2aVENDORS4z"' � '' BAFOBTAServices '� r :��, a�..., ;PRI��,TCIPAL�FTACE'OFBIJSINESS ` ;, , ,,. EST. ITEM ANNUNAL UOM Type of Service Requested Unit Price Total Price QTY. 34 5 EA Symbol, 8'Preform 5traight Arrow White Large Inst $ 175.00 $ 875.00 35 5 EA Symbol, 8'Preform StraightArrow Remove $ 20.00 $ 100.00 36 5 EA Symbol, S' Preform 5traight Arrow Prep $ 5.00 $ 25.00 37 5 EA Symbol, 8' Preform Straight Arrow Sealer $ 15.00 $ 75.00 38 10 EA Symbol, 8' Preform Turn Arrow White Large Install $ 175.00 $ 1,750.00 39 10 EA Symbol, S' Preform Turn Arrow Remove $ 20.00 $ 200.00 40 10 EA Symbol, 8' Preform Turn Arrow Prep $ 5.00 $ 50.00 41 10 EA Symbol, S' Preform Turn Arrow 5ealer $ 15.00 $ 150.00 42 5 EA Symbol, 9'6" Preform StraightArrow Install $ 175.00 $ 875.00 43 5 EA Symbol, 9'6" Preform Straight Arrow Remove $ 20.00 $ 100.00 44 5 EA Symbol, 9'6" Preform StraightArrow Prep $ 5.00 $ 25.00 45 5 EA Symbol, 9'6" Preform StraightArrow Sealer $ 15.00 $ 75.00 46 5 EA Symbol, 12' Preform Straight Arrow Install $ 175.00 $ 875.00 47 2 EA Symbol, 12' Preform Straight Arrow Remove $ 20.00 $ 40.00 48 5 EA Symbol, 12' Preform Straight Arrow Prep $ 5.00 $ 25,00 49 5 EA Symbol, 12' Preform Straight Arrow Sealer $ 15.00 $ 75.00 50 10 EA Symbol, 13' Preform Combo Arrow Install $ 310.00 $ 3,100.00 51 5 EA Symbol, 13' Preform Comba Arrow Remove $ 35,00 $ 175.00 52 10 EA Symbol, 13' Preform Combo Arrow Prep $ 10.00 $ 100.00 53 10 EA Symbol, 13' Preform Combo Arrow Sealer $ 15,00 $ 150.00 54 5 EA "Only" Word S' Preform Install $ 225.00 $ 1,125.00 55 5 EA "Only" Ward S' Remove $ 35.00 $ 175.00 56 5 EA "Only" Word S' Prep $ 10.00 $ 50.00 57 5 EA "Only" Word 8' Sealer $ 15.00 $ 75.00 58 5 EA "Stop" Word 8' Preform Install $ 245.00 $ 1,225.00 59 2 EA "Stop" Word 8' Remove $ 35.00 $ 70.00 60 5 EA "Stop" Word 8' Prep $ 10.00 $ 50.00 61 5 EA "Stop" Word 8' Sealer $ 15,00 $ 75.00 62 5 EA "Ahead" Word 8' Preform Install $ 320.00 $ 1,600.00 63 2 EA "Ahead" Word 8' Remove $ 35.00 $ 70.00 64 5 EA "Ahead" Word 8' Prep $ 10.00 $ 50.00 65 5 EA "Ahead" Word 8' Sealer $ 15.00 $ 75.00 66 5 EA "Yield" Word S' Preform Install $ 260.00 $ 1,300.00 67 2 EA "Yield" Word S' Remove $ 35.00 $ 70.00 68 5 EA "Yield" Word S' Prep $ 10.OD $ SO.DO 69 5 EA "Yield" Word S' Sealer $ 15.00 $ 75.00 Exhibit A RFP 4788 Pricing Sheet for Pavement Marking Installation The respondent shall complete the %Rowing secfion, which directly corresponds fo Section II- Scope of Services, & Sec V� Payment and Performance Requireroenta. The Confractor shaR not malce changes to fhis format. ;�.,��..,•;:�`4t°.�.��-:., ,` ..,3�9�..UTi.NIlC1R.C'.;��+�° : ,,, �,'�..�+^ � v.. _ BAFOBTASBI'V1CB5 EST. ITEM ANNUNAL UOM QTY. 70 10 EA 71 5 EA 72 10 EA 73 10 EA 74 20 EA 75 20 EA 76 20 EA 77 20 EA 78 30 EA 79 30 EA 80 30 EA 81 30 EA 100 000 20 6 6 6 6 6 6 of Service Requested Symbol, 4' Preform Bike Lane Install Symbol, 4' Preform Bike Lane Remove Symbol, 4' Preform Bike Lane Prep Symbol, 4' Preform Bike Lane Sealer Symbol, 6' Preform Bike Lane Install Symbol, 6' Preform Bike Lane Remove Symbol, 6' Preform Bike Lane Prep Symbol, 6' Preform Bike Lane Sealer Symbol "RXR Kit 6'-16"x20' Preform Install Symbol "RXR Kit 6'-16"x20' Remove Symbol "RXR Kit 6'-16"x20' Prep Symbol "RXR Kit 6'-16"x20' Sealer RPM - A/A Type II Install Concrete RPM - A/A Type II Install Asphalt RPM - C/R Type II Install Concrete RPM - C/R Type II Install Asphalt RPM - B/B Type II Install Concrete RPM - B/B Type II Install Asphalt RPM Removal Word-3 numberlletters S" Thermplastic Install Word-3 numbeNletters S' Thermoplastic Remove Word-3 numberlletters S' Thermoplastic Sealer Word-3 numberlletters S' Thermoplastic Prep Word-4 number/letters 8' Thermoplastic Install Word-4 number/letters S' Thermoplastic Remove Word-4 numberlletters S' Thermoplastic Sealer Word-4 number/letters 8' Thermoplastic Prep Total as Reoorted on Proposal price increase after BAFO EVALUATED SCORE DELIVERY i� r�rt I $ $ $ $ $ $ $ $ Unit Price I Total Price 325.00 $ 45.00 $ 20.00 $ 20.00 $ 325.00 $ 45.00 $ 20.00 $ 30.00 $ 500.00 $ 85.00 $ 50,00 $ 25,00 $ 3.00 $ 3.00 $ 3,00 $ 3,00 $ 3.00 $ 3.00 $ 0.30 $ 180,00 $ 35,00 $ 15.00 $ 15,00 $ 225.40 $ 40.00 $ 20,00 $ 20,00 $ 12% 100.00 1.5 to 2 weeks 90.00 225.00 200.00 200.00 6,500.00 900.00 400.00 600.00 5,000.00 2,550.00 1,500.00 750.00 7.200.00 60.00 63.00 7,500.00 1,080.00 210.00 90.00 90.00 1,350.00 240.00 120.00 szo.00 4,533,00 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BTA SERVICES, LTD DBA ACTION SERVICES FOR PAVEMENT MARKING INSTALLATION SERVICES RFP 4788 THIS CONTRACT is made and entered into this 21ST Day of February A.D., 2012, by and between BTA Services, LTD, DBA Action Services a corporation, whose address is PO BOX 850, Rockwall, TX 75087, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Supplier shall provide products or services in accordance with the Supplier's proposal in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "D". The Contract consists of this written agreement and the following items which are attached hereto or on file at the office of the Purchasing Agent, and incorporated herein by reference: (a) Request foT PTOpo5a1 4788 (On File at the Office of the Purchasing Agent) (b) Insurance Requirements (Exhibit "A"), (c� SuppllerS PI'opoSal (On File at the Offce of the Purchasing Agent) (d) Supplier's Best and Final Pricing (Exhibit "B"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." CKI)�Y Y �7T�1�� The contract term will be four (4) years, effective from date of award. At the City of Denton's option and approval by the Supplier, the contract may be renewed for up to one additional one- year period, as further explained in contract term of the RFP. RFP 4788 — Four Year Contract for Pavement Installation Services Page l of 11 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ^ SUPPLIER I� GNATURE Date: I � 1 �' Name: � 1RV�. � Title: �� Sl ��dJ4t.71 P � �oy �S� l�ac�c� c�Q � � /�B� MAILING ADDRESS q�� - 7��r ��3 z PHONE NUMBER ��a-��i --c�sa� FAX NUM R � �� ?�� PRINTED NAME � CITY OF DENTON, T S BY: C---� DATE: � Z 7 �— APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: � DATE: ��z �%� _ RFP 4788 — Four Year Contract for Pavement Installation Services Page 2 of 11 EXHIBIT A INSURANCE REQUIREMENT5 AND WORKER'S COMPENSENTATION REQUIREMENTS STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of tlte Contractor, the Contractor shall provide and m�rintain until the contracted work has been corrtpleted and accepted by the City of Denton, Owner, the `rtinimurrt insur�nce coverage as indicated hereinafter. As soon as practicable afler notification of contract award, Contractor shall file with the Purclzasing Department st�tisfactory certificates of insurance, insurance (including any applicable addendum or endorsements), contair�ing the contract number and title of the project. Contractor rrcay, upon written request to the Purchasing Departinent, ask for clarification of any insurance requirements at any time; however, Contractors are stro►zgly advised to make sucla requests prior to proposal/bid opening, since the insurance requirements rnay not be modified or waived after proposaUbid opening unless a written exception /tas been submztted witlt tlze proposa!/Gic� Ca�ctractor sJiall not commence any work or deliver any material until he or s/:e receives notification that tlte contract has been accepted, approved, arzd signe�l by tlze City of Denton. All insurance poCicies proposed or obtaine�l in satisfaction of tlaese requirements sha[l co►nply with the following genera/ specifications, nnd sltall be rnaintained in compliance witla these general specifications tltrougltout tlte duration of tlze Conlract, or longer, if so �aoted: • 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 B+yII OR better. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or elirninate 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. Cancellation: City requires 30 day writterc notice sltould any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Sl�ould 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. RFP 4788 — Four Year Contract for Pavement Installation Services Page 3 of 11 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 tlzis Contract shall ad�litionally comply witli the following marked specifications, and shall be maintained in compliance wit/t these additional specifications througlaout tlte duration of tlte Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000.000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shal] include personal injury. � Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form CrL 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 iu a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability RFP 4788 — Four Year Contract for Pavement Installation Services Page 4 of 11 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 wi�th 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 shal] 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 properly 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 $500,000.00 combined bodily injury and property damage per occurrence with a$1,000,000.00 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 $1,000,000.00 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 RFP 4788 — Four Year Contract for Pavement Installation Services Page 5 of 11 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. [] Additionallnsurance 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 cequirement will be described in the "Specific Conditions" of the contract specifications. RFP 4788 — Four Year Contract for Pavement Installation Services Page 6 of 11 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 TVJCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmenta) 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 fr�m each person providing services on a project, and provide to the governmental entity: 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 certifed 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. _ RFP 4788 — Four Yea�• Contract for Pavement Installation Services Page 7 of 11 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 provid'mg 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 reyuirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 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 certiiicates 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 a11 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. RFP 4788 — Four Year Contract for Pavement Installation Services Page 8 of 11 Exhibit 6 VENDORS BAFO 8TA Services PRINCIPAL PLACE OF BUSINESS: Rockwall, TX EST. ITEM ANNUNAL M Type of Service Requested Unit Price Total Price QTY. 1 20,000 LF 4" White Thermoplastic Install $ o.70 $ 14,000.00 2 26,000 LF 4" White Paint Install $ 0.15 $ 3,900.00 3 95,000 LF 4" Yellow Thermoplastic Install $ 0.70 $ 66,500.00 4 80,000 LF 4" Yellow Paint Install $ 0.15 $ 12,000.00 5 35,000 LF 4" Removal $ 0.50 $ 17,500.00 6 115,000 LF 4" Prep $ 0.10 $ 11,500.00 7 40,000 LF 4" Sealer $ 0.10 $ 4,000.00 8 30,000 LF 6" White Thermoplastic Install $ 0.98 $ 29,400.00 9 5,000 LF 6" Removal $ 0.60 $ 3,000.00 10 10,000 LF 6" Prep $ 0.12 $ 1,200.00 11 2,500 LF 6" Sealer $ 0.13 $ 325.00 12 15,000 LF 8" White Thermoplastic Install ' $ 1.22 $ 18,300.00 13 3,500 LF 8" White Paint Install $ 0.30 $ 1,050.00 14 7,500 LF 8" Removal $ 1.00 $ 7,500.00 15 15,000 LF 8" Prep $ 0.15 $ 2,250.00 16 6,500 LF 8" Sealer $ 0.20 $ 1,300,00 17 4,000 LF 24" White Thermoplastic Install $ 4.50 $ 18,000.00 18 500 LF 24" Yellow Thermoplastic Install $ 4.60 $ 2,300.00 19 3,000 LF 24" Remove $ 2.00 $ 6,000.00 20 4,0�0 LF 24" Prep $ 1.00 $ 4,000.00 21 2,000 LF 24" Sealer $ 0.60 $ 1,200.00 22 100 EA Yield Line 16"x24" Triangle WhiteThermo Install $ 25.00 $ 2,500.00 23 20 EA Yield Line 16"x24" Triangle Remove $ 4.00 $ 80.00 24 100 EA Yield Line 16"x24" Triangle Prep $ 6.00 $ 600.00 25 100 EA Yield Line 16"x24" Triangle Sealer $ 3.00 $ 300.00 26 5 EA Symbol, 6' Preform Straight Arrow White Large $ 110.00 $ 550.00 Install 27 2 EA Symbol, 6'Preform Straight Arrow Remove $ 20.00 $ 40.00 28 5 EA Symbol, 6' Preform Straight Arrow Prep $ 5.00 $ 25.00 29 5 EA Symbol, 6' Preform Straight Arrow Sealer $ 15.00 $ 75.00 30 5 EA Symbol, 5'6" Preform Turn Arrow White Large $ 125.00 $ 625.00 Install 31 2 EA Symbol, 5'6" Preform Turn Arrow Remove $ 20.00 $ 40.00 32 5 EA Symbol, 5'6" Preform Turn Arrow Prep $ 5.00 $ 25.00 33 5 EA Symbol, 5'6" Preform Turn Arrow Sealer $ 15.00 $ 75.00 34 5 EA Symbol, 8'Preform Straight Arrow White Large $ 175.00 $ 875.00 Install RFP 4788 - Four Year Contract for Pavement Installation Services Page 9 of 11 EST. ITEM ANNUNAL M Type of Service Requested Unit Price Total Price QTY. 35 5 EA Symbol, 8'Preform Straight Arrow Remove $ 20.00 $ 100.00 36 5 EA Symbol, 8' Preform Straight Arrow Prep $ 5.00 $ 25.00 37 5 EA Symbol, 8' Preform Straight Arrow Sealer $ 15.00 $ 75.00 38 10 EA Symbol, 8' Preform Turn Arrow White Large $ 175.00 $ 1,750.00 Install 39 10 • EA Symbol, 8' Preform Turn Arrow Remove $ 20.00 $ 200.00 40 10 EA Symbol, 8' Preform Turn Arrow Prep $ 5.00 $ 50.00 41 10 EA Symbol, 8' Preform Turn Arrow Sealer $ 15.00 $ 150.00 42 5 EA Symbol, 9'6" Preform Straight Arrow Install $ 175.00 $ 875.00 43 5 EA Symbol, 9'6" Preform Straight Arrow Remove $ 20.00 $ 100.00 44 5 EA Symbol, 9'6" Preform Straight Arrow Prep $ 5.00 $ 25.00 45 5 EA Symbol, 9'6" Preform Straight Arrow Sealer $ 15.00 $ 75.00 46 5 EA Symbol, 12' Preform Straight Arrow Install $ 175.00 $ 875.00 47 2 EA Symbol, 12' Preform Straight Arrow Remove $ 20.00 $ 40.00 48 5 EA Symbol, 12' Preform Straight Arrow Prep $ 5.00 $ 25.00 49 5 EA Symbol, 12' Preform Straight Arrow Sealer $ 15.00 $ 75.00 50 10 EA Symbol, 13' Preform Combo Arrow Install $ 310.00 $ 3,100.00 51 5 EA Symbol, 13' Preform Combo Arrow Remove $ 35.00 $ 175.00 52 10 EA Symbol, 13' Preform Combo Arrow Prep $ 10.00 $ 100.00 53 10 EA Symbol, 13' Preform Combo Arrow Sealer $ 15.00 $ 150.00 54 5 EA "Only" Word 8' Preform Install $ 225.00 $ 1,125.00 55 5 EA "Only" Word 8' Remove $ 35.00 $ 175.00 56 5 EA "Only" Word 8' Prep $ 10.00 $ 50.00 57 5 EA "Only" Word 8' Sealer $ 15.00 $ 75.00 58 5 EA "Stop" Word 8' Preform Install $ 245.00 $ 1,225.00 59 2 EA "Stop" Word 8' Remove $ 35.00 $ 70.00 60 5 EA "Stop" Word 8' Prep $ 10.00 $ 50.00 61 5 EA "Stop" Word 8' Sealer $ 15.00 $ 75.00 62 5 EA "Ahead" Word 8' Preform Install $ 320.00 $ 1,600.00 63 2 EA �"Ahead" Word 8' Remove $ 35.00 $ 70.00 64 5 EA "Ahead" Word 8' Prep $ 10.00 $ 50.00 65 5 EA "Ahead" Word 8' Sealer $ 15.00 $ 75.00 66 5 EA "Yield" Word 8' Preform Install $ 260.00 $ 1,300.00 67 2 EA "Yield" Word 8' Remove $ 35.00 $ 70.00 68 5 EA "Yield" Word 8' Prep $ 10.00 $ �50.00 69 5 EA "Yield" Word 8' Sealer $ 15.00 $ 75.00 70 10 EA Symbol, 4' Preform Bike Lane Install $ 325.00 $ 3,250.00 71 5 EA Symbol, 4' Preform Bike Lane Remove $ 45.00 $ 225.00 72 10 EA Symbol, 4' Preform Bike Lane Prep $ 20.00 $ 200.00 73 10 EA Symbol, 4' Preform Bike Lane Sealer $ 20.00 $ 200.00 RFP 4788 - Four Year Contract for Pavement Installation Services Page 10 of 11 EST. ITEM ANNUNAL M Type of Service Requested Unit Price Total Price QTY. 74 20 EA Symbol, 6' Preform Bike Lane Install $ 325.00 $ 6,500.00 75 20 EA Symbol, 6' Preform Bike Lane Remove $ 45.00 $ 900.00 76 20 EA Symbol, 6' Preform Bike Lane Prep $ 20.00 $ 400.00 77 20 EA Symbol, 6' Preform Bike Lane Sealer $ 3o.00 $ 600.00 78 30 EA Symbol "RXR Kit 6'-16"x20' Preform Install $ 500.00 $ 15,000.00 79 30 EA Symbol "RXR Kit 6'-16"x20' Remove $ 85.00 $ 2,550.00 80 30 EA Symbol "RXR Kit 6'-16"x20' Prep $ 50.00 $ 1,500.00 81 30 EA Symbol "RXF2 Kit 6'-16"x20' Sealer $ 25.00 $ 750.00 82 2,400 EA RPM - A/A Type II �nstall Concrete $ 3.00 $ 7,200.00 83 2,300 EA RPM - A/A Type II Install Asphalt $ 3.00 $ 6,900.00 84 2,100 EA RPM - C/R Type II Install Concrete $ 3.00 $ 6,300.00 85 2,000 EA RPM - C/R Type II Install Asphalt $ 3.00 $ 6,000.00 86 20 EA RPM - B/B Type II Install Concrete $ 3.00 $ 60.00 87 21 EA RPM - B/B Type II Install Asphalt $ 3.00 $ 63.00 88 25,000 EA RPM Removal $ 0.30 $ 7,50�.00 89 6 EA Word-3 number/letters 8" Thermplastic Install $ 180.00 $ 1,080.00 90 6 EA Word-3 number/letters 8' Thermoplastic $ 35.00 $ 210.00 Remove 91 6 EA Word-3 number/letters 8' Thermoplastic Sealer $ 15.00 $ 90.00 92 6 EA Word-3 numberlletters 8' Thermoplastic Prep $ 15.00 $ 90.00 93 6 EA Word-4 numberlletters 8' Thermoplastic Install $ 225.00 $ 1,350.00 94 6 EA Word-4 numberlletters 8' Thermoplastic $ 40.00 $ 240.00 Remove 95 6 EA Word-4 number/letters 8' Thermoplastic Sealer $ 20.00 $ 120.00 96 6 EA Word-4 number/letters 8' Thermoplastic Prep $ 20.00 $ 120.00 Estimated Total $ 314,533.00 RFP 4788 - Four Year Contract for Pavement Installation Services Page 11 of 11 ��-� OP ID: PN '`�'� _°,�R°� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/�OlYYYY) 03/22l12 THIS CERTIFICATE IS 155UED A5 A MATTER OF INFORMAl10N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLD�R. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGAl1VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 6ElOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERl1FICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. If 5U8ROGATION 15 WAIVED, subject to tha terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in fieu of such endorsement s. PRODUCER 214-515�145 NAMEACT Frost Insurance - Dallas 214-515-4199 PHONE Fnx 5710 LBJ Freeway Ste 460 arc No Ext : AIC No : Dallas, TX 75240 aE,00A�ss: ParkerHamiiton PRODUCER BTASE-1 ri icrnMGa in a• - INSURED BTA Services Ltd. dba Action Services; DAP Partners LLC, General Partner; EQ Partners Ltd; D&A Estate Ltd. P.O. Box 850 Rockwall, TX 75087-0650 � INSLIRER(S) AFFORDING COVERAGE iNSUReRn;Aliied ProperLy & Casualty Ins wsu�Ra:Texas Mutual Insurance Co. INSURER C : � INSURER D : INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WffH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EJCCLl1SiONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCE� BY PAID CLAIMS. INSR 7ypE OF INSUR4NCE DD S POLICY EFF POLICY EXP LIMITS LTR NSR WVO POLICY NUMBER MM1DDf(YYY MMIDDJYYYY GENERALLIABILITY EACHOCCURRENCE $ 'I�OOO�OOO A i� COMMERCIAL GENERAL LIABILITY 7204418298 03f�2�'� � ��J��!1'�2 pREMISES Ea oocurrence $ � 00� �� CLAIMS�4IADE � OCCUR MED EXP (My one person) $ 5, �00 X Contractual PERSONAL&ADVINJURY $ '��00�� GENERALAGGREGATE $ Z,OOO,OOO GEN'LAGGREGATELIMITAPPLIESPER: PRO�UCTS-COMP/OPAGG $ `I,OOO,OOO POLICY X PR� LOC � JECT AUTOM061LELIABILIIY COMBINEDSWGLELIMIT $ '��dOO�OOO A X ANY AUTO 72d4418296 05/02/11 05/02192 �Ea accident) BODILY INJJRY (Perperson) $ ALL OWNEDAUTOS BODILY IN,AIRY (Per accident) $ � SCHEDULED AUTOS PROPERTYDAMAGE $ X HIREDAUTOS (Peracciden[) X NON-OWNEDAUTOS $ $ X UMBRELLALIAB X OCCUR EACHOCCURRENCE $ "I�OOO�OOO EXCESS LIAB CLAIMS-MADE AGGREGATE $ 'I�OOO�OOO A 7204418298 05/02/11 05102J12 DEDUCTIBLE $ X REfENTION $ �O�OOO $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER B ANY PROPRIETORlPARTNERIExECUi1VE Y f N SBP0001198979 �S��Zi�'� 0510?J12 E.L. E4CH ACCIDENT $ �,000,�� OFFICERIMEMBER EXCLUDED7 �Y N ! A (MandatoryinNH) E.L.DISEASE-EAEMPLOYEE $ �,��0,0�0 If yes, dascribe under DESCRIPTION OF OPERATIONS belav E.L. DISEASE - POLICY LIMfT $ 'I,OOO,OOO ❑ESCRIPTION OF OPERATIONS f LOCATIDNS f VEHICLES (Attach ACOR� 101, Additional Ramarks Schadule, if more space Is required) The General Liability, Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires such status. CITYDEN The City of Denton 901-B Texas Street Denton, TX 76209 TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIE5 BE CANCELLE� BEFORE THE ERPIRATION DATE THEREOF, NO'f10E WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVI510NS. AUTHORIZED REPRE5ENTATIVE ��. O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 {2009/09) The ACORD name and logo are registered marks of ACORD . : ' POLICY NUMBER: 7204418298 � . ' COMMERCl/�L GEi��RAL LIABICITY �. � � , . . � ' � . � � _ � . � . . . CG 7'{ �8 �08 04 � � � TH1S END�RS�EI�IIEIVT CHANGES�THE POLICY� PLEASE READ IT CAR�FULLY.� �'� � ��%�� F ��R��/�� . A5 REG�Uii�EC� �Y 11�RIii��V C�I117'1�►�T' This endorsement modifies insurance provided under the following: CQMMERCIAL GENERAL LIABILITY COVERAGE PART Ifem 8. TR,QNSFER �F, RIGHTS 4F R�CQII�RY AGAINST OTWERS Ta US of SECTION IV - GOMMERCIAL �GENERAL LIABIL.1'iY CONDITIONS is replaced by the,fallowing: �. �• 8. TRANSFER aF RIGHTS OF R�COVERY AGAINST OTHERS TD US . OR WAIVER OF SUBFtOGATtON AS REQUIRED BY CC7NTRACT a. if the insured has rights to recover al! or part of any payment we have made under this Coverage Part, those rights are firansferred to us. The insured must do nothing after foss #o impai.r them. At our request, the insured wili bring "suit" or transfer fhose rights to us and help us enforce them. b. ff required by a written contract executed prior fo loss, we waive any right of subrogatian we may haue against the con#racting persan or organization because of payment5 we make for injury or damage �arising out of your ongoing operations or "yaur work" done under a contract with that person or organizafian and included in the "products-campleted operations hazard". . All ferms and canditions of ihis poficy apply untess modifled by this endorsemen�. CG 71 5$ 0$134 Includes copyrighted material of Insurance 5ervices OfFce, lnc. with permission. Page 1 of 1 .� � . '. 0 iS��Properties, Inc„ 2004 . . ' COMMERCIAL AUTO AC 24 44B 45 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER aF RIGHTS �F RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO CUVERAGE FORM The TRANSFER OF RIGHTS OF RECOVERY AGAINST �THERS TO US Condition {Section IV — BUSINESS AUTO CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may ha�e against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. AC 24 04B 05 04 Page 1 of 1 �� /� � WORKERS' C�MPENSATIQN AND EAAPLOYERS � .\l� 1�� LIABILITY INSURANCE POLICY ►�1 1 _ Ios�n�e c�� wc 4� 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEIUIENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page, We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this wai�er applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to abtain this waiver from us. This endorsement shall not operate directly or indirecfly to benefiit anyone not named in the Schedule. The premium for.this endorsement is shown in the Schedule. Schedule 1. { ) Specific Wai�er Narne of person or organization ( x } Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERAT I ONS 3. Premium The premium charge forthis endorsement shall be 2. 00 percent of the premium developed on payroll in connection with work pertormed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium I NCLUDED, SEE I NFORMAT I ON PAGE . This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation oF the policy.} This endorsement, effective on at 12:01 A.M. standard time, forms a part of PolicyNo. TSF-0001198979 20110502 oftheTexas Mutual Insurance Company Issued to BTA SERV I CES LTD _ DBA : ACT I ON SERV I CES Endorsement No. Premium $ � /�j � �� iIY � Authorized Representative WC420364A (ED, 1-Q1-20b0} AGENT'S COPY SXCHAMBE 5-06-2011