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2013-051ORDINANCE NO. 2013-�51 AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF ELECTRIC SUBSTATIONS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5142-AWARDED TO CAN-FER UTILITY SERVICES, LLC IN AN AMOUNT NOT TO EXCEED $16,560,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids axe the lowest responsible bids for the construction of the public worlcs or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposals for the construction of public works or improvements, as described in the "Request for Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: RFP NUMBER 5142 CONTRACTO Can-Fer Utility Services, LLC AMOUNT $16,560,000 SECTION 2. The acceptance and approval of the above competitive proposals sha11 not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to talce any actions that may be required or permitted to be performed by the City of Denton under RFP 5142 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ��Z�� day of � � , 2013 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 6-ORD- 5142 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND CAN-FER UTILITY SERVICES, LLC (RFP 5142) THIS CONTRACT is made and entered into this 12th day of February, 2013, by and between Can-Fer Utility Services, LLC a limited liability corporation, whose address is 3340 Roy Orr Blvd, Grand Prairie, TX 75050, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home-Rule City, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and the 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 Contractor shall provide construction services in accordance with the City's RFP # 5142 -Substation Construction Services, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes as "Exhibit A". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) City of Denton Request for Proposal # 5142 (Exhibit "A") (b) City of Denton Standard Terms and Conditions (Exhibit "B"); (c) Not Applicable (Exhibit "C"); (d) Insurance Requirements (Exhibit "D"); (e) Form CIQ - Conflict of Interest Questionnaire (Exhibit "E"); (f) Special Terms and Conditions (Exhibit "F"); I (g) Contractor's Proposal. (Exhibit "G"); (h) Project Plan Process (Exhibit "H") 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 this written Contract, and then to the contract documents in the sequential order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. RFP 5142 i "CONTRACTOR" Can-Fer Utility Services, LLC By: UTHO ED ATURE James Switzer TYPED NAME. I i TITLE: CEO 972-484-4344 PHONE NUMBER ~ia+*a "q;•,, `k STACY RIEDEL Notary Public, state of Te,<os # tbode@can-fer.com My Commission Expires August 07, 2016 E-MAIL ADDRESS AT By: CITY OF DENTON, TEXAS A Texas Municipal Corporation By: GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r By: RFP 5142 I EXHIBIT B CITY OF DENTON STANDARD TERMS AND CONDITIONS These standard Terms and Conditions and the Terms and Conditions contained in the specification, drawings and other requirements included in this City of Denton's solicitation are applicable to Contracts/Purchase Orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after referred to as the Proposer, Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City's Procurement Department and the Supplier. No Terms and Conditions contained in the Seller's proposal response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions in these standard Terms and Conditions, those in the Contract, those on the Purchase Order, or those contained in the specification, the more restrictive provisions shall take precedence. By submitting an Offer in response to the Solicitation, the Contractor agrees that the Contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. 1. CONTRACTOR'S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor's Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3. Deleted 4. Deleted 5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be priced F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor's price shall be deemed to include all delivery and transportation charges. The place of delivery shall be determined. RFP 5142 i I 7. RIGHT OF INSPECTION AND REJECTION: I The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor's, or the Contractor's Subcontractor's, facilities, or the deliverables at the Contractor's, or the Contractor's Subcontractor's, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then malce a conforming tender within the time allotted in the contract. 9. PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the site where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner and in accordance with, and subject to, the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the location and essential characteristics of the work site, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor's obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. 10. WORKFORCE: A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property: i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the RFP 5142 Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30, 1996. 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12. Deleted 13. PAYMENT: A. All proper invoices need to be sent to The City of Denton, Texas, Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable, whichever date is later. B. If payment is not timely made (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of- i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City's agents, employees or contractors, which RFP 5142 l I i is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this Contract is dependent upon the availability of funding. The City's payment obligations are payable only and solely from funds that are appropriated and available for this Contract. The absence of appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. 15. FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. RFP 5142 16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17. RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books" "records" "documents" and "other evidence" as used above shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18. SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor's Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a RFP 5142 condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19. WARRANTY-PRICE: The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. 20. WARRANTY - TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21. WARRANTY - DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Only new materials shall be used for this project. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least 12 months RFP 5142 I from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non- conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Contractor shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer's warranty for the benefit of the City. 22. WARRANTY - SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. I B. The warranty period shall be at least for a minimum period of 18 months following each projects substantial completion and acceptance by the Owner. Substantial Completion in this section is defined as the stage in the progress of work when the work or designated portion thereof is sufficiently complete in accordance with the contract documents so that the Owner can occupy or use the work or portion thereof for its intended use.(American Institute of Architects <AIA>) If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City's rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may I RFP 5142 i i reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. i 23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City's evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. I 25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26. DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor's Offer, or in any report or deliverable required to be submitted by the Contractor to the City. The City shall be in default under the Contract if the City (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (c) makes a material misrepresentation in City's RFP, or in any report or deliverable submitted by the City to the Contractor. I RFP 5142 I i 27. TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective twenty (20) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such twenty (20) day period, cures such default, or provides evidence sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City's vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. In the event of a default by the City, the Contractor shall have the right to terminate the Contract for cause, by written notice effective twenty (20) calendar days, unless otherwise specified, after the date of such notice, unless the City, within such twenty (20) day period, cures such default, or provides evidence sufficient to prove to the Contractor's reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the Contractor shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the Contractor as a result of the City's default, including, without limitation, cost of cover, reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate. 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29. FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30. DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar I RFP 5142 days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. i 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor's subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non-conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B. THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Attachment A. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. i i RFP 5142 i A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverages and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor's and all subcontractors' insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better. The City will accept workers' compensation coverage written by the Texas Workers' Compensation Insurance Fund. vi.All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton, Texas Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The "other insurance" clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such RFP 5142 ~I i policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii.The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract. xiv. The insurance coverages specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse affect on the Contractor's ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor's Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. RFP 5142 i 35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. 36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor's breach of any of Contractor's representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City's behalf. Further, Contractor agrees that the City's specifications regarding the deliverables shall in no way diminish Contractor's warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37. CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City's and/or its licensors' confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, "Confidential Information"). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to RFP 5142 i ensure the continued confidentiality of the Confidential Information. 38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work, made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made-for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work-made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor's obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. RFP 5142 40. ADVERTISING: The Contractor shall not advertise or publish, without the City's prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41. NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42. GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City 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 of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City's Conflict of Interest Questionnaire (Attachment G). 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor's services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees 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. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the RFP 5142 i I 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. 45. ASSIGNMENT-DELEGATION: The Contract shall be binding upon and inure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. 46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre- printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. 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 otherwise defined in the Contract. 49. DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with RFP 5142 i i i decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51. INVALIDITY: The invalidity, illegality, or unenforeeability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52. HOLIDAYS: The following holidays are observed by the City: RFP 5142 I l New Year's Day (observed) i MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54. NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements - if applicable) The following federally funded requirements are applicable, in addition to the specific federally funded requirements detailed in Attachment B. RFP 5142 ~I A. Definitions. As used in this paragraph - i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of RFP 5142 Texas, any and all fees and taxes are the responsibility of the respondent. 59. PREVAILING WAGE RATES: All respondents will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices. httl2://www.access.gpo.jzov/davisbacon/tx.html 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The Contractor or Supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The Contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 et se and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to overnment-owned leased or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. RFP 5142 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non- performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Parry's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Parry of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of five (5) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. RFP 5142 EXHIBIT D INSURANCE REQUIREMENTS AND WORKERS' COMPENSENTATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor 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 Contractor shall 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. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract 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, 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- VII or better. • Any deductibles or self-insured retentions shall be declared in the 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. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • 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. RFP 4 5142 I i • 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 $1,000,000.00 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. I 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. i • Coverage B shall include personal injury. I • 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: I i • 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. RFP # 5142 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 Workers' 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 Workers' 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 $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. [X] 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 RFP # 5142 I I I 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. I II i I RFP # 5142 I, ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and 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 RFP # 5142 i I 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. 1. 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, 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, RFP # 5142 II, i I 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. I ~I i RFP # 5142 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7m business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B. C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes 71 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental Date entity RFP # 5142 i I I it I EXHIBIT F SPECIAL TERMS AND CONDITIONS Contract Term The contract term is for a one (1) year period. The City and the Contractor shall have the option to renew this contract for an additional two (2) one-year periods. The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date in accordance with the provision of the section titled "price adjustments", or the section(s) titled "termination". At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. Bonds Contractor shall submit payment and performance bonds for 110% of each specific Substation project before work commences. Each project performance bond shall be for two (2) years from the date of final completion and acceptance by the City. The bond value will be based upon the project plan accepted by the City for each substation. Bonds shall be submitted in accordance with Exhibit H. Pricing Remove from RFP (Exhibit A), Section I4-Pricing paragraph two (Exhibit A, Page 6): "requirement that contractors are required to immediately implement any price decrease or discount increase that may become available. The City of Denton must be notified in writing for updating the contract." Price Adjustments Prices must be firm for a period of one year from date of contract award. After the first year, adjustments to unit prices may be proposed at the start of any project in accordance with the indices and methods that follow in this section. Any request for price adjustment must be based on the, 1) U.S. Energy Information Administration (EIA) prior 52 week average for Midwest (PADD 2) for retail diesel (on-highway) - all types 2) U.S Department of Labor, Bureau of Labor Statistics, Employment Cost Index (ECI) for Total Compensation, Private Industry Construction Workers (CIU2012300000000A) as found at (http://www.bls.gov). The price will be increased or decreased based upon the annual percentage change in the ECI and/or diesel average. The escalation will be determined annually at the renewal date. Should the ECI and/or diesel average change exceed a minimum threshold value of +/-1%, then the stated eligible prices shall be adjusted in accordance with the ECI and/or diesel change. The supplier should provide documentation as percentage of each cost associated with the unit prices quoted for consideration. Base line pricing for labor and equipment are established in Exhibit G which will be used to calculate price adjustments. RFP # 5142 i i I Performance Liquidated Damages The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: • Participate in a preconstruction conference within ten (10) days of Notice to Proceed with a specific site project. • Provide a project plan and schedule within seven (7) days of the preconstruction conference that includes a formal estimate of the total cost. • Begin mobilization on or before the date in the project plan. The Contractor shall be assessed a one (1%) percent fee each week when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each week when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. Remedies Amend RFP (Exhibit A), Section IV6A-Remedies (Exhibit A, Page 22) to read: A. Completion of Contractor's Default If default shall be made by the Contractor or by any subcontractor in the performance of any of the terms of this proposal, the Owner, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the Surety or Sureties upon the Contractor's bond or bonds a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor such default shall be corrected or arrangements for the correction thereof satisfactory to the Owner and/or Engineer shall be made by the Contractor or its Surety or Sureties, the Owner may take over the construction of the project and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and its Surety or Sureties shall be liable to the Owner for any cost or expense in excess of the contract price occasioned thereby. The Owner in such contingency may exercise any rights, claims or demands which the Contractor may have against third persons in connection with this contract and for such purpose the Contractor does hereby assign, transfer and set over unto the Owner all such rights claims and demands. Retainage The City is required to withhold retainage for public works contracts. Each Purchase Order issued will retain 5% of the value. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Owner's Representative Engineer, and final acceptance of the Work by the Owner. Retainage will be released upon 1) acceptance of the submission of a request for release by the Contractor that includes a lien release and waiver and 2) a written consent from the surety. In the event that work on a project must be suspended by the City, for reasons not related to the Contractors work, for more than 90 ninety days, they City may elect to partially release retainage for the accrued construction units that are complete. RFP # 5142 I EXHIBIT G CONTRACTOR'S PROPOSAL Item Estimated # Structure UOM Annual Unit Price Quantity 1 Mobilization LS 3 $12,750.32 2 138 KV Breaker installed EA 24 $3,977.67 3 138 KV High Bus Switch and Stand EA 36 $2,670.48 4 13 8 KV Low Bus Switch and Stand EA 30 $2,245.47 5 Substitute Motor Operator for manual operator EA 6 $1,062.53 6 138 KV Transmission Takeoff Structure EA 8 $4,278.44 7 Construct Transmission Takeoff Structure jumpers STR 18 $1,208.00 8 65' Static Mast EA 12 $1,255.20 9 138kV - 15 KV Transformer EA 8 $1,905.47 10 Control Building EA 3 $4,505.11 11 Distribution Switchgear Enclosure EA 8 $4,505.11 12 3/8" EHS Static wire installation LF 8000 $5.38 13 138 kV Bus Support EA 180 $170.00 14 138 kV CT with Stand EA 3 $2,595.70 15 138 kV PT/CCVT with Stand EA 54 $2,418.57 16 15kV Bus Support EA 55 $467.51 17 5" Aluminum Bus Pipe: Installed LF 7000 $12.47 18 4" Aluminum Bus Pipe: Installed LF 800 $11.83 19 3" Aluminum Bus Pipe: Installed LF 1500 $14.59 20 2.5" Aluminum Bus Pipe: Installed LF 1200 $7.79 21 2" Aluminum Bus Pipe: Installed LF 1200 $7.79 22 Foundation F1 PEEAR 12 $11,947.35 23 Increase Foundation F1 in depth by 1' increments LF 24 $628.81 24 Decrease Foundation Fl in depth by 1' increments LF 12 -$628.81 25 Foundation F2 EA 200 $1,060.78 26 Increase Foundation F2 in depth by F increments LF 400 $117.86 27 Decrease Foundation F2 in depth by 1' increments LF 200 -$117.86 28 Foundation F3 EA 8 $98,348.29 29 Foundation F4 EA 20 $4,871.17 30 Foundation F5 EA 48 $1,058.86 31 Increase Foundation F5 in depth by 1' increments LF 96 $117.65 32 Decrease Foundation F5 in depth by F increments LF 48 -$117.65 33 Foundation F6 EA 15 $8,797.30 34 Increase Foundation F6 in depth by F increments LF 30 $488.74 35 Decrease Foundation F6 in depth by P increments LF 15 -$488.74 36 Foundation 7 EA 6 $8,217.95 RFP # 5142 EXHIBIT G CONTRACTOR'S PROPOSAL Item Estimated # Structure UOM Annual Unit Price Quantity 37 Foundation 8 EA 6 $10,320.29 38 Foundation 9 EA 6 $9,428.82 39 Increase Foundation F7, F8, or F9 in total volume of CY 9 $485.71 concrete 40 Decrease Foundation F7, F8, or F9 in total volume of CY 3 -$485.71 concrete 41 Foundation 10 EA 15 $1,124.64 42 Increase Foundation F10 in depth by 1' increments LF 9 $112.46 43 Decrease Foundation F10 in depth by 1' increments LF 3 -$112.46 44 Bell bottom of pier foundation - 2'-6" diameter EA 60 $678.74 45 Bell bottom of pier foundation - 5'-0" diameter EA 9 $2,194.26 46 Bell bottom of pier foundation - 6'-0" diameter EA 9 $4,128.24 47 Foundation for S&C Outdoor Switchgear EA 3 $7,359.31 48 Concrete flatwork installed per specification and drawings CY 2100 $282.73 49 2" Schedule 40 PVC Underground: LF 2700 $5.44 50 2.5" Schedule 40 PVC Underground LF 2700 $5.44 51 3" Schedule 40 PVC Underground LF 900 $7.69 52 4" Schedule 40 PVC Underground: LF 6000 $6.70 53 6" Schedule 40 PVC Underground LF 9000 $8.49 54 Pull Box for 15kV underground cable EA 24 $2,204.49 55 Pull Box for underground control cable EA 6 $1,718.64 56 Manhole: Excavation, base preparation, and backfill EA 3 $4,361.97 57 Ground grid installed LF 36000 $5.25 58 Rock trenching adder for installing ground grid in solid LF 1200 $5.97 formations 59 Ground rod installed in average types of soil EA 600 $112.94 60 Ground rod installed in rock EA 60 $384.19 61 Gate or fence post grounding EA 54 $118.17 62 Precast concrete base for pad mounted 15kV switches EA 18 $425.12 63 Place 1200 amp, 15kV, outdoor S&C switchgear on EA 3 $1,062.80 foundation 64 Overhead Area Light Installed EA 24 $317.06 65 Excavation for other than foundations, concrete flatwork CY 270 $35.42 and conduit 66 Final grading and compaction SY 1500 $3.83 67 Spoil removal and disposal (as needed) CY 450 $30.67 68 Crushed rock: Provide, place and compact to 6" final depth CY 18000 $49.13 69 Install French drain LF 600 $15.81 70 Install final span of transmission conductor into the station EA 6 $26,775.67 - 1926.9 kcmil ACSS/TW Cumberland conductor. 71 Install final span of transmission conductor into the station EA 6 $24,438.11 - 959.6 kcmil ACSS/TW Suwannee conductor. RFP # 5142 I EXHIBIT G CONTRACTOR'S PROPOSAL Item Estimated # Structure UOM Annual Unit Price Quantity 72 Install final span of transmission shield wire into the EA 6 $1,416.70 station - 3/8" EHS guy strand. 73 Install final span of transmission shield wire into the EA 6 $2125.06 station - 0.691" diameter OPGW (AFL DNO 8168). ' 74 Install geogrid material SY 3000 $3.83 75 Installation of Formed and Poured Concrete Retaining CY 50 $1318.00 Wall - 4' Height ' 76 GEN. SUPERINTENDENT * Hour 20 $129.99 77 PROJECT MANAGER * Hour 20 $116.99 78 SAFETY MANAGER * Hour 20 $95.33 79 PROJECT ENGINEER * Hour 20 $86.66 80 PROJ. SUPT/G.F. * Hour 20 $123.49 81 FOREMAN Hour 20 $65.00 82 APPRENTICE Hour 20 $39.00 83 WELDER * * Hour 20 $125.66 84 WELDERIIELPER Hour 20 $54.16 85 OPERATOR-HEAVY EQUIP. Hour 20 $58.50 86 CARPENTER-LEAD Hour 20 $52.00 87 CARPENTER Hour 20 $41.16 88 LABORER-SKILLED Hour 20 $36.83 89 LABORER-COMMON Hour 20 $34.66 90 Watson 1100 Drill Rig 41,600 ft*lbs Week 1 $9,472.50 91 20-22 Hydraulic Crane Week 1 $3,541.25 92 PC 220 Trackhoe Week 1 $4,437.50 93 580 Backhoe Week 1 $1,171.25 94 D3 7E Dozer Week 1 $1,978.75 95 SA200 Welder Week 1 $343.75 96 Skytrack Week 1 $1,721.25 97 Pickup Truck Week 1 $497.50 98 Boom Lift - 40' Week 1 $1,653.00 99 Boom Lift - 60' Week 1 $2,499.00 100 Portable Generator Week 1 $361.25 I 101 Pump, Water (Gas) 3/4"-3" Week 1 $280.50 102 Trailer - Office/Tool - 8'x30' Week 1 $158.75 * Overtime (1.5 x Base) occurs after 40 hours per week Per Diem is $150.00 per day. Overtime (1.5 x Base) occurs after 40 hours per week. Per Diem is $100.00 per day. RFP 4 5142 i EXHIBIT G CONTRACTOR'S PROPOSAL Statement of Understanding - Project Requirements • Contract will be for a one year period with a mutually agreed upon renewal for an additional two one-year periods • The quantity of substations to construct is based upon the City of Denton's capacity to finalize projects. It is understood per the bid form that potentially up to three substations per year could be available. • Owner will furnish the following: Site Prep, fencing, all testing of materials and compaction, commissioning testing, and all materials except as noted below: o Concrete, rebar o Above grade conduit o Grounding shots o Surface rock crushed stone • Contractor will furnish all the materials listed above that are not supplied by the owner • Contractor will supply all labor and equipment to install the work as outlined in the assembly units • Control cable pulling and terminations are to be completed by the Denton Municipal Electric as noted in the RFP. • Setting and Terminating of switchgear and control buildings will be completed by Denton Municipal Electric. • Excess OFM to be left on site • Price adjustments will be made per the information provided in section 5 of the RFP. However, these units do not cover adjustments on material commodities that may increase due to unforeseen natural events or shortages of materials. Adjustments for these situations will be covered separately. In addition, labor units may need to be adjusted similarly to due same situations of events or shortages. • Liquidated damages will be assessed per section 16 of the RFP. A mutually agreed project duration will be provided for each project. • All unit pricing was based on our experience building one substation with Denton Municipal Electric. This project was built on a "lump sum" basis and not a unit basis. It is our understanding that after each one year contract term, we will have the opportunity to re-evaluate the unit price for reasons not included in Section 1, Item 5. of the RFP for Substation Construction Services. This review would be on a unit by unit basis and if it is determined we have materially miscalculated the rate resulting in either an increase or decrease we would submit a revised unit price for consideration. RFP # 5142 EXHIBIT G CONTRACTOR'S PROPOSAL Scope of Work Qualifications (Rev 1- 01-21-13) Can-Fer has reviewed the project schedule requirements, specifications, and plans provided in this RFP. It is understood that the quantities on the unit price sheet are not necessarily applicable to any particular project at this time, but to develop an assembly unit price. Though the unit descriptions on the unit price are relatively thorough, we have provided a detailed breakdown for each bid unit to show that we may have added certain elements to create a true scope and price for the assembly (Reference attached Can-Fer Assembly Units sheets 1-10). In addition, we have the following qualifications and clarifications: • In regards to drilled piers, our proposal is based upon soil conditions that are in suitable, dry material that can be drilled with soil and/or rock augers. Our units do not include provisions for slurry, casing, core barrel or pneumatic hammer drilling. • Moving, removing existing unforeseen conditions ( existing utilities, underground obstructions, hazardous waste, etc) • As excavation for conduit and grounding were not defined in the units, we have included it based upon as noted in the attached detail assembly units. This quantity was established from the Bonnie Brae Substation project. • The unit for belled piers includes only concrete for the perimeter bell portion outside the diameter of the pier (i.e. the triangle portion of the bell) • The mobilization unit includes costs one mobilization and demobilization. Any additional mobilizations will be assessed at the unit price provided • Units are based upon Greenfield projects only • The manhole provided in Unit 56 will be supplied and set by Denton Municipal Electric. Our unit includes excavation and backfill only • There is a discrepancy between bid unit items # 6 and #7. With four structures shown for unit 6, there should be 12 jumpers on item #7. We did not adjust the quantity for unit 47; we bid as shown • In regards to quantity of bus fittings figured, we took the total footage of bus and divided by the total bus fittings provided in the material schedule shown on the Mckinney Substation set in order to determine a quantity for fittings required for the bid units. This is subject to change based upon station configuration. • Our pricing is based upon the following current prices for materials: o Concrete--$94.55/cy o Rebar--$ 0.50/lb o Diesel--$3.87/gal o Crushed stone--$ 17.00/ton • Due to unknown locations of sites, we have determined the Bonnie Brae Substation as the delivery point for all materials. The crushed stone delivery will probably be most affected by distance. • All units are based upon fifty hour work weeks with one crew. Acceleration, weekend or night work is not included in this proposal. • As an option, we would consider and offer to provide an hourly crew rate for a standard crew if requested by Denton Municipal Electric RFP # 5142 EXHIBIT G CONTRACTOR'S PROPOSAL • The contract duration created for this proposal is based upon the man hours generated for bid unit items 1-74. This is subject to change based upon the size and scope of work for each site. • The following clarifications are made to the following bid unit items: o 97 unit price is per structure and price is revised accordingly o #14 and #15 prices were adjusted to correct imbalance and are revised accordingly o 922 unit price is per pier; unit price remains the same o #54 and #55 unit prices were adjusted to account for inaccuracy o #58 unit price adjusted to account for inaccuracy o 462 unit price adjusted for inaccuracy (note: this is a precast pad, no concrete is included) o #63 unit price adjusted to account for inaccuracy o #64 unit price adjusted to remove material that was not required o #67 unit price may be performed by City of Denton o #70 and 71 unit prices may be performed by City of Denton; note if performed by City of Denton, unit prices #73 an #74 must be installed by City of Denton also. • Project duration for the scope of work defined by the units has be reduced to 180 days. • The unit prices and project duration do not include provisions for cost or time due to weather delays as it is not certain when the projects would start or finish. Once the project window has been established, weather days can be incorporated into the proj ect. RFP # 5142 i i I Exhibit G Contractor's Proposal CAN-FER UTILITY SERVICES, LLC Bid Unit Assembly Summary City of Denton MSA City of Denton Denton, TX Item Number Item Description Unit Total Quantity MQ tl xflt_ton:.{ ue 1t. ;:5# thoji_ aloe. i 11; tlle~l ►a cltcdtci<t; d111ut1s _ :2 eotane tto~as, ~nmpi i s,..etXixx iu... gf otu►cliti nc1 LA :=.::5.:; ,conc~ttxt 2 138 KV Breaker Installation EA 8 2 Grounding (Tinned) - item C I - 20LF per Breaker LF 160 2 Grounding Lugs - Items C4 - 2 EA per Breaker EA 16 2 AG Conduit LF 160 2 AG Conduit Fittings EA 8 2 Jumpers - Cable - Conductor Cable - 1272 MCM LF 1,600 2 Junipers - Fittings - 1272 MCM, DMC Compression EA 96 2 Cable Spacer EA 96 13$XV3 ih Bus Switch and Stand ancIudtttg 3 anal[;~:1,,y sr~at~clt, tna3tSiltl apet ~tQI, ali bns• LA X2 oral auo~r~ tonr►t canuec#tans a tit >nient grq, f.9 3 138 KV High Bus Switch Stand Installation EA 12 3 138 KV High Bus Switch installation EA 12 3 Grounding (Tinned) - Item C1 - 20LF per Switch Stand LF 240 3 Grounding Lugs - Items Cl and C2 - 4 EA per Switch EA 48 3 Grounding Platform - I EA per Switch EA 12 3 Type EV-2 Switch Outrigger - Item AM - 3 per High Switch EA 36 3 Connections to Bus - DMC Connection - 3 per Switch EA 36 1381d I.oSV 3as S~Yitclz;= i;tl tancl Xvolninlg Olt~tha~~ switch,tc:Ilital. gPec~atox,1;)i is _ #Ilf;.a7;o1~e; rottut~ :;:>:=:::_;`°:..:ona>ectioa3s , ilx nteikt. Xotlitlfu 1; 9 P i g cgxidtut l $#ex.ao..O.FlYI 4 138 KV Low Bus Switch Stand) LA 10 4 138 KV Low Bus Switch Installation EA 10 4 Grounding (Tinned) - Item Cl - 20LF per Switch Stand LF 200 4 Grounding Lugs - Items C1 and C2 - 4 FA per Switch EA 40 4 Grounding Platform - I EA per Switch EA 10 4 Connections to Phis - D1bIC Connection - 3 per Switch EA 30 Sttbstttuteofax Opel atol fv~ m~n:tia.l oltet atot ;ttttl B118 ; t = 138? Tt asa►~lsstoLTalceoff.trtt tnt a tncl[tclxn . : gtoiw[li~,ag, anontt~ttil~ dial g~o~Int7tttgaiiesteltlr, . 6° coasts tictiug at tester n7>se:Yciji~ers:ri=co~caleett~tgA 4 i# the lti>e is went g X38 3i LE~03 EZ,Q~} 1... RFP 5142 Exhibit G Contractor's Proposal 6 138kV Transmission Structure - H frame EA 4 6 Grounding (Tinned) - Item Cl - 200 LF per Structure LF 800 6 Grounding Lugs - Item C2 and C3 - QTY 52 per Structure EA 208 6 DMC Connection - Item B 15 - 6 per Structure EA 24 6 Arrestor Installation - Item A4 - 3 per Structure EA 12 6 Jumpers to Arrestors - Item B5 - 20LF per Structure LF 80 ::.-a_- sus;;;:::,:::=.p;_.;: pp,~.~-;::-c::-_<;,, 5;,=t;_.:::::::;.., ::;a _::;dc,:•it7s_at': ;r:. v -all s➢1liSSlnn Takeoff t1lletttXe ~It11tt ets th" _10gntteet the tI tlStlatSSta~t 1~Ite to t.#1e St t lop bns 7 >JA b Zttst l~zf tlausmtsston lilteis:]ii et>t.(1 cfex. to tli..... ; F irst,..{g3$L Gd3_ 7 Jumpers - Cable - Conductor Cable - 1272 MCM - Item B4 - 50LF LF 300 er Jumper 7 Jumpers - Fittings - 1272 MCM, DMC Compression - Item B 14 - 2 EA 12 per Jumper 7 Cable Spacer - Item B16 - 3 per Juniper EA 18 ;..:8 65' Stnfc lVlpst nteIu~hn rouurhn ~A 9 8 65' Static Mast Structure Installation EA 4 8 Grounding (Tinned) - 70LF per Statice Mast LF 280 8 Grounding Lugs -13EA per Static Mast EA 52 138I V I5I'LP Tl ansl~ot rr4ei ~nclit 3 all bus 9 ~onttecf~ians, a w,~i ;!,auevt ;<oirntlatt a;tid above r otutcl ~A. _ 2 . _ . t•oir~[trrt.(3efec':to,O~l~list)..:. - ; 9 Grounding (Tinned) - No quantity given in drawings - Assume LF 200 100LF per transformer 9 Grounding Lugs - No quantity given in drawings - Assume 20 EA EA 8 per transformer 9 AG Conduit assume 40 if per transformer LF 80 9 AG Conduit Fittings assume 4 LB's per transformer EA 8 9 Juniper to Bus - Item B4 - 80LF per Transformer EA 160 9 Juniper DIvIC Connections - Items B17 and B18 - 9EA per EA 18 Transformer ouaxtlx wi~ :.....1~. atul above gt onntl ~o!tclut (i<efet to Or1Vt list} EA 1 10 Grounding (Tinned) - No quantity given in drawings - Assune 100LF per buildin 10 Grounding Lugs - No quantity given in drawings - Assume 4 EA per EA 4 building to Hoffman Box Installation EA I 10 AG Conduit Fittings EA I I)isttibton,S~i'ifclt ettt lax~closlti'c}Glttcl~lt itll bus c01 lectlo ~inent ~a:~tntlt~~ and 1~_ove tots lci EA 1 17 co~lu3u>t t`fet,rto O `1VI list).: ; - ; [ I Grounding lxrmed) - No quantity given in drawings - Assume LF 200 100LF per building l 1 Grounding Lugs - No quantity given in drawings - Assume 4 EA per EA 8 building 1 I Hofiinan Box Installation EA 2 11 AG Conduit Fittings EA 2 RFP 5142 Exhibit G Contractor's Proposal >!I1S Sta#i,~ii;e uts#A11:3#co~~ betvt'~eu the 65' steel sat>c::role:;niit_#€tlceff;#otiv..e1..(1~Yiaeni~ixs_. ec. st 1 ►viifl,li icl~t'a#e„citclltu#~l~eas) A`re~ageY~ei Mleac 12 Shield Wire if 2000 Shackle Conneclion Assembly - Assume QTY based upon 12 Bonnie Brae Substation ea 36 138;1;::11Yrs S~cl>'I'¢i t inelucl~alg 17tStitQi, ~t►~ 13 ca►et(plt 41atl gcoiintliaig:C>uf ii>Igle;phfise 13 Bus Support Structure EA 50 13 Insulator Installation - Item AS - I Ea per Support EA 50 13 Bus Support - Item Type B25 -1 EA per Support EA 50 13 Grounding (Tinned) - Item C1- 5LF per support LF 250 13 Grounding Lugs - Item C2 - I EA per Support EA 50 181~T ~ifh ,tali{I ~~~c~tr~#~n bttsoti~keG#to~ , r g 14 GQiitlllaf,,~tltnetxon boy, ~xv~1,31c#t~tg, s~>Ixglc ~nstall~f~ou _I;A 3 14 CT Support Structure EA 3 14 CT Installation EA 3 14 CT Junction Box EA 3 14 AG Conduit LF I50 14 AG Conduit Fittings EA 3 14 Insulator Installation EA 3 14 Bus Connection - Iteni B15 - D1vIC Connection - 2 EA per CT EA 6 14 Bus Connection - Item B5 - Juniper - 4/0 MCNI - 20LF per CT EA 60 14 Grounding (Tinned) - Item C1 - 15LF per CT LF 45 j 14 Grounding Lugs - Item C2, C3, C4 - 6 total per CT EA 18 - Y3XzYPTfCCV'vifliStiii# ~»~7udii!g tills' 5. G4ztn~ctioslil~, cotLduct~jtunc%io~ibo~, g~tocntlct>tg, single A 18 bm* 15 PT Support Structure EA 18 15 PT Installation EA 18 15 PT Junction Box EA 18 14 AG Conduit LF 900 14 AG Conduit Fittings EA 18 15 Insulator Installation EA 18 15 Bus Support EA 18 15 Grounding ('finned) LF 90 IS Grounding Lugs EA 18 151rVY3tts Stt~)o► # ituclizclallg lmttlato~ s, bits C:QnnecttoitlsaiBC. i..aYiitlc_:~_1a 16 Bus Support Structure EA 2 16 Insulator Installation - Item A6 - 3EA per support EA 6 16 Bus Support - Item B21 - 3EA per support EA 6 16 Grounding (Tinned) - Item C1 - 5LF per support LF 10 16 Grounding Lugs Item C2 - I EA per Support EA 2 " AI1113I>I3)<Il~ill:ttS'~pc Iut~I1e[] yl'itli tlampeattttg 7 Z,Q00 cable RFP 5142 I Exhibit G Contractor's Proposal 17 Aluminum Bus LF 2,000 17 Dampning Cable LF 2,000 17 DIVIC Connections - Based upon average of.] I connections per LF. EA 220 A~tttttanit rl; 3icspt C~ ustallecl tm. I clamlt9J.11! g 18 Aluminum Bus LF 400 18 Dampning Cable LF 400 18 DVIC Connections - Based upon average of .092 connections per EA 37 Lr, 3" Aluntuti J'A.A. s;Pilie; g L 19 Aluminum Bus LF 400 19 Dampning Cable LF 400 19 DIVC Connections - Based upon average of .17 connections per LF. EA 68 2 5 tl,lum~nnm I3tls l'tpe Install d w;<EhNO Q ci.9xn 1 tiui Viable 1m cnL ttsecl w 13$I V Ut1s c oLUets 400' ` tul xfeisecttons) 3 20 Aluminum Bus LF 400 ,c Alitli~ttttixu bus P.i ~e, X~ts#allecl r~° tit 1~b 21' (Dili etttti Cable (inatttlY usecl okz l3$le bits con ~iLez s LF 4OQ 21 Aluminum. Bus LF 400 FQp>zcl;thQt~ ~'1 H ft atne `~'zIcegff Stt uGture ,...22. I!`outidattgai 7~aUoi itttd Matciltttis (No#e, 2 t etlu~~ ecl ~A 4 22 Concrete cy 86 22 Rebar Ibs 5485 22 Excavate Cy 86 i i;: le rt7t'_b uci .n:F awt: cou, l~ ::3 (~e1 eeltot~tf~lattoposet,itt C)l~tte tlae U011~,.~' ?ecrt~seottttd8ionl+]~u cielttlab 7 ztl"Ctea>~e~its e 2~t (1~Ci~egGlt fottnilatioi; ptnposea tlra~lr_claiigllie~TO `<LI 4. ' o C clesiieil ~+ottticlti12~ 34" 19t P~re>oi~lelata<gn,abar ata 25 26 Concrete Cy 114 25 Rebar Ibs 14666 25 Excavate Cy 114 Tnc;<ettseol~stsltluF xtt celitli l1y' utcYeuletr<>ls 26 a;1xel enc~t 1'ot~utlattoi><; lit ollgserL >fnay Clain a tl►e TOM L~ ~~0 Dect ese'o:ri`iiliiQl'2 an cle Atli la ittC}menfs II RFP 5142 I Exhibit G Contractor's Proposal :::_...:olnsiti4,~... Tis~usfo~ntax 8ttcl Qil:oitauttneut - - I'alnidatt n ~ucltititi atfstallatton of the oal . 4 g - coRrtRlttntent Al ea steel gtatntg I,abot ait. IlIate-09 ls - 28 Concrete c 202 28 Rebar lbs 29463 28 Excavate cy 647 28 Stone Installation cy 372 28 Grating Installation LS 2 - - ii ><datt _ 38]c-P,S:Gas:.Cit.cru#_-3.1se>:.::._,,_....._ bo~;:~I~d:1YIF... 29 Concrete cy 45 29 Concrete waste 10% cy 5 29 Rebar Ibs 6348 29 rebar waste 8% ibs 508 29 Excavate cy 148 29 Stone Installation cy 320 outtd:ttxojt )i5, Coq aBttiic~tttg ];QUndattoa~ I>abo~ EA l G 310-4 end 1Vlhheita#: 30 Concrete cy 28 30 Rebar lbs 3570 30 Excavate cy 28 Ittcl ease Toiuulattou F~ ut cie ~It b I ` tt>iet entents , ' ; 31` {pet earl>:faunc]xtton,'pabltose]i`ii~a~ cli~u~e tae;~T~I~QM 3.;~-; ___~2-:-. tp CY tf cleix ed Dociease Faxin ittioit FS itt cle tlt It} 1 inct e7 ent, et east foiYtZlnfita;ft o nisei ii~6 cltau e the TTQM ZF 1G (P i P 1 Y t Yif-ties%i tl _ ~l .c:; 33 Concrete c 70 33 Rebar Ibs 11045 33 Excavate cy 70 Iric 'e ouiidat> ott G t cleittl b _ WenXettfs: . - 3~;_ (Xtet eaelt foiUlu)tttteti; ~a a~tose~ tt1~a3 clt~xtge iTlte UO~ LT ~,0 to C'Y if (lest! etl) Deciei3se ~9ttndattan F6 to cte~tl~.~y tnciemeut$ 3~ (1teL eaeXt foniuTattort„ p~Qltbset inay cltan~e the 17QM S 19 C' if cYest eat) )+`on1114M att 7t S#e is7~etrt~. 0n Sw~#p igeat ot~d A 2 = . ..3G.._ _ - _ l.~:ir~.:=.::_ atc±rals 36 Concrete cy 17 36 Rebar Ibs 2443 36 Excavate cy 17 - FotutdnttQ~t 8 Stetst switclteat' pr cotta oA :y fi~titlc~i~>g~~ifis'=.~~lioii ~►tcllVlatet~il~15=-:°:'.:;"_ . 37 Concrete cy 21 37 Rebar Ibs 2994 37 Excavate cy 21 RFP 5142 E i Exhibit G Contractor's Proposal - ' art" lr es~i : i tort { 38i 2 ~tirlcll~}g eaats..~•aijt?l:_:~x~~ lYlatet>ra1s..... _ 38 Concrete Cy 19 38 Rebar Ibs 2847 38 Excavate cy 19 tierease'±iiniattoia7? T,'o2 F9 ixi totalalttltte of ~9' ~~~ic~ ete to aec~ttn~arYnfe c~llF'fe~~ez~t• a~~yRtxa~ts ate °'>~;CY 3 _ pec~ eas~.~ou~xl~l~o~ F7, of I`~ i~t total Yol~tnle:of::_ is ~t CY 1 0 eQ~iC~ ere to accomrpodat (1rfTe1 eft eleY att01 . . caiiligyl ahmt fQ~ v u ~9us sifts FOlllttla#iion 10t Light st8rulat daundntlr?n LakQi ~A 5 41 Concrete Cy 9 41 Rebar Ibs. 1346 41 Excavate CY 9 _ 1x~c~ease FQttuclat~oatTl~~tt cle~tlt lty 1' ~x>,~~'e~a1e11 s 42' (pei eac~t f~~cndatign, pa anps,~r:tn~Ycl~ar~ge fire ~#OIYj }~F 3 to CX if desired - - DeG,~t;.ase ~+`oia~i'tl,~titta~ ~,~O~~u;tlelrtlt b3= ~ tiica ~iiieii~.fS _ 43' {pei estclt ikotl~ltclatro~i, pi0hos~1 i~fa~' ehanc tlieTJUl1!.=LF - - , - = _ Eel Uottom of~:4ttx>tiafo Z~-=6'~ tlix~acfe~ TJq -:;..:._:;:x;4;5: 1~c~Il~ottQan of Gael fou~tr~ataoit 5' Q" t1~8~itetei : ~A 3 n of = " EA 3 47 Fouitdatioii for S&C Outdoor 1200 aaixp,151N, EA 1 outdoor switch ear - labor and materials 47 Concrete - Foundation size Is assumed as 9'xl9'x2. cy 13 47 Concrete waste 10% cy 1 47 Rebar -100# of rebar per CY Ibs 1267 47 rebar waste 8% ibs 101 47 Excavate Cy 13 - _Ca~tca<ete t`latti} oa~tY~rst~►leclPez sntwcif"~cat~on d~ttl - c~tawx~tgs=~~GstvBtcoYx, ~81aoi aattl m~tel.~als aaa~i C`S~ 700 restR~~nt~ax1 ~~secI. ox1 th~a~'ti€geski:>.t~ates 48 Concrete cy 700 48 Concrete waste 50% Cy 35 48 Rebar - 100# of rebar per CY Ibs 70000 48 rebar waste 8% Ibs 5600 48 Flatwork Misc Materials -Average from Bonnie ea 740 GkW_9r 1<R:..L#tUa ...............:_A::::::1..._,..::::, 49 2" PVC if 900 49 90s ea 57 49 Couplings ea 37, 49 Caps ea 49 Excavate -Average, .053CY1LF per Bonnie Brae CY 47.7 49 Backfill cy 31 49 Sand - Assume .5CF per LF CY 17 I RFP 5142 Exhibit G Contractor's Proposal 225 49 Warning Tape r_ Y.0 > 5" S I►es { le O:P1MREea rOuicl..LabotX~astalIeci> (Cac#Ait O~ diet £ala u;sltecl).900 50 2" PVC 900 5o 90s a 57 50 Couplings ea 37 50 Caps ea 50 Excavate - Average .053CYfLF per Bonnie Brae cy 47.7 50 Backfili cy 31 50 Sand -Assume .5CF per LF CY 17 50 Warning Tape if 225 c41etlule;'tO:LYC:UauXeigLOttrtti, L;}bot Listallecl a =i; = 51 3" PVC If 300 51 908 ea 30 51 Couplings ea 25 51 Caps ea 51 Excavate - Average .053CY/LF per Bonnie Brae cy 15.9 51 Backfili cy 9 51 Sand - Assume 0.5CF per LF CY 7 51 Warning Tape if 75 Selte$uIe ~IO~yG t7ttcl~t g>t auttc). Laborui>tallecl F 2,U00 52 L y . (C~xiditltOtii~kteil'~fti~~tsltetl) ~ _ • 52 4" PVC If 2000 52 90s ea 63 52 Couplings ea 35 52 Caps ea 52 Excavate - Average .053CY/LF per Bonnie Brae cy 106 52 Backfill cy 50 52 Sand - Assume 0.75CF per LF CY 56 52 Warning Tape if 500 ,r SelretluXe~40T....YC7it(~}.~~`~}ttcls La7~oN 1Cnstalle~l:_ - - . Co~tltttt._Q1~~~@t ~u~ iiisliet)),:. 53 6" PVC if 3000 53 90s ea 83 53 Couplings ea 53 53 Caps ea 53 Excavate - Average .053CYILF per Bonnie Brae cy 159 53 Backfill cy 48 53 Sand - Assume 1.OCF per LF CY 111 53 Warning Tape If 750 Pu11$Qfoi ~SX~V tutclet't otttcl cablenstallecl pei specifcttttol#+ (Qwnet furmslteZ, alip~'oartixfely EA $ 54 Set ea 8 54 Excavate cy 28 P}t~I)~o~ _fait~iiiciei~ i~.onail.,cotttt oI p~111e I~tst~lle~I pes. 55' s eGiff~ toti, Q~~~te> I'iuni~lietl, arpz`a~ciytt~.t~I}3'cS') ~A 2 - - I RFP 5142 I i Exhibit G Contractor's Proposal 55 Set ea 2 55 Excavate cy 7 : 1VTOn#tole' ~xt•Axafi<an, base lyt el}tu~tcOjy and Uaclcf411 ,(Qv~~><cc.. f~tiiics,Lecl aiktl cl~~f eaca~~a#ib7~, 5G 56 Set ea 1 56 Excavate cy 30 Mound 1l...... d7lec ~n a~exOgp nes Aa soil, . ;s:: iaicl ficn :socl =t ~tfiit: 01 0,_~l'oclrOlf-el~t,_;lzacl,ixt 5'7 ut g LF X2,000; Gaclv~elcl niatec~xal (410 CXJ a1iecessa~y taXls Atctl, IN to best~l lreri_1~1' QkS:ae 57 41013 strand If 12000 57 150 Shots ea 225 57 250 Shots ea 150 57 Excavate Trench - 0.5' wide x 2' deep cy 444 57 Backfill using native material cy 444 Iioc1~ ltendlcin aclc < fog lm g<ouutl giitl iti 58 Excavate Trench - 0.5' wide x 2' deep cy 15 58 Backfill with 0.5CF of Sand per L.F cy 15 llW nl dvp~age tyl2es 4f so>Il, - Giougtl i'ocl last i)f- tlmg soils w <}Ix ~a~tte r o 1c eQUfeut, l><d inc]ttd►ctg : 59~ all necessa><3Caclwelcl n;<ate~►a1(1'ttds to b'e sup~lictl . 59 115 Shots ea 200 59 ground rods ea 200 Qxout►c rLO4I >Ia51Gt#Zecl an ir~clr iiiclttc~ttg stll Ytecess~iY `;;;;:..::GO_ Gt)trki m~te>Iaal (iosista l~esnppcecl by~~vne<) 60 115 Shots ea 20 60 ground rods ea 20 Bentonite Mixture for Installing Ground Rods in Rock - 6 bags 60 per location Bag 120 ~8t~ol` l`exxce I]O~t< gR o1»~dnlg X.aUo>l a;txcl~iate~lal to ` x'uiitl~i[#ctnt~iect_#_ 61 Station Fence Grounds- split bolts ea 54 61 410 tinned ea 270 61 150 Shots ea 18 I 61 Fence Post Grounding Clamp ea 18 P.z=eGst co~tc~ eta l~ae foil zad >14untedSI?stvitel,es I a 62 Laoi4 end cmtciete (pa:cast base=tnt;rclc~cl b' EA _ ' G > Flaee 120.0 an>< 151tY a~Lt[loai t✓ s ylt l> oar on : . I?x _ fonuclaf oy% ixr:tX B~Ccrc e ( &C sr Rfhgee>I a11i1j 63 Owner) [J l#s a~ a ~}'s4'x96" 4 cubccles Fl~tec :on gvec Ireac iii ea Lagltt In8t81)ctl - 64 RFP 5142 Exhibit G Contractor's Proposal 64 AG Conduit I,i 64 AG Conduit Fittings EA _ ~xca~!~tls~tk,fox ~tltc~ f1i~h.Soz~nclafao~t5, co~kct ef~ _ _ 90 . fifltWOk ~C ally] e4;wk(itkl{t ~x :=6.G:- Fira1(T►ngifcl:coiil iGtQ~t_..:..__._...,..- :::..5 500 G Spoil a el11O d~ ll(1 (~?sP.g af..(as 2leested) C~ 150 69_ , X~tstalt_ ~ncli. (L~>r (rfox»te(t All:' a xu ravel_J~gtlF._..::.. X00 1 9 4" pert. Pipe if 200 6 69 Geo Fabric sgft 300 30 69 Excavate cy Ilkst ~r #it a~ s]?an of #:l1111,~-mmioil cQllC g~lkctol mfo the s>.:antl {GI?llllklate A$suine fsvei ae 30Q' sp~l~t a~kxl. t~taQ EA 2 70 : . r~e~ ~~~a(1 Gon~~►ctoa. xkt$tall ~kl~~ Sll~Il 4f ~lallSllll$:S1Q11 Gbli(11ICtQY'IILtO t1~e _ 71 sfatlnn akld tea~nilk~#e Assllpie~ei age 300' si~4n arkd .-EA 2 95~,~G„i~cmrLAC~~I,TW ~uV►'~k~nee cpakdtlc of = ItYStaii`fluoI spill Q~tlalrsanzssidu sla>_eld Wii a xlrto the t 7~ _ statlQyta~ld feiilnnlafe,,- ;zsj:. ~v~i~ a 3Q0 s lRkl ~kul EA ~ 1 318'' SITS u =frail - _ Fklsfali ~►v~tl s as x o tl~ausmissio~l s)k~~7c1 AV a , the M - stat~~lxr~~ tei miktate. AssttYxae aver age X00' sa au(I OG`I":"f~rautefea pPGWPNO81G8 Illg;utles EA 2 - - e~xxri ORG. -1Q fog er le tIti ~t~ t o flte al ea o tl~e fib.e;>;lu~txou::bax 1Ve £~b~rfs(~cii!g,~s yc(iuueci - - te Tllst Il " og"i'iZ ittl,kte~~al ikushe(1 alx(1 E~m me -55 SY,OOA.,_ '74 Potix e(1_Co lF e eltef ttlAttug Wi ii Assn e_ ';t l_.-55 tlilcl foir necl wall ' tjl 4' ~~'x(w Y 1' thiClt fours atiok~ inelaktie #f ton kfttclfnalaea(ktaicl~ l2: (5 C Stlt(~ V:C g : - = h5 #4 ~ext~cal ties t2'' 4,lils tllltt (taes taeallelttcte ; eY 1 sik~~f~1y ol~~~t~kliaf:~on=a~~e`ri~itre~e~ ecl sulagt~de, en tneel eta 1~ackfi1l.;. $f axkl lt~kes etc RFP 5142 Exhibit G Contractor's Proposal i MUMMOMMM A rSUAwASeRVKES COMPANY BUSINESS OVERVIEW QUESTIONNAIRE 1. Contractor Name : Can-Fer Utility Services, LLC 2. Address (Principle Place of Business: 3340 Roy Orr Boulevard, Grand Prairie, TX 75050 3. Does your company have an established physical presence in the State of Texas, or the City of Denton? Yes. Can-Fer's home office is located In Grand Prairie, TX 4, Tax Payer IDH: 76.0589263 5. Email Address of Primary contact: tbode@can-fer,com 6. Website Address: http://www.can-fer.com/ 7. Telephone, (972) 484-4344 8. l=ax: (972) 894-9279 9. Other Locations: 10. Organization Gass: Corporation 11, Date Established: 2010 (formerly Quanta Utility Services, LLC, Quanta Pipeline Services, and Can-For Construction Company) a. Can-Fer Utility Services, LLC is the result of a consolidation in 2010 of three Quanta Services Companies based in the Dallas/Ft. Worth area: Quanta Utility Services, LLC (Electric and Gas Distribution), Quanta Pipeline Services (pipeline and Compressor Station construction) and Can-Fer Construction Company (Electrical Substation construction and transmission line foundation construction). 12. Former Business Name: formerly Quanta Utility Services, LLC, Quanta Pipeline Services, and Can-Fer Construction Company I 13. Date of Dissolution: 2010 I 14. Subsidiary of: Quanta Services, Inc. 15. Historically Underutilized Business: No i 7 RFP 5142 I I I i Exhibit G Contractor's Proposal I A q. VAHYA SERVKCS COMPAW 16, Principals and officers: Jim Swltzer- CEO Roger Carter- CFO 17. Key Personnel and Responsibilities: Tim Keys-Vice Presldent of operations- Foundations and Substation Wayland Chappell - Substations Manager Kent Roecker - Director of Estimating Thomas Bode - Estimator/Project Manager 18. Number of Personnel by Discipline: Discipline Number of Staff # Registered Electric and Gas Distribution Services: 228 Substation and Foundation Services: 218 19. Services Provided by Firm: Can-Far Utility Services, LLC provides turnkey electrical substation and maintenance work as well as foundation services for transmission line projects. In addition, we also provide electrical distribution overhead and underground services. Please provide a detailed listing of all services that your company provides. Please see attached brochure. Please detail your prior experience working on similar projects with Texas governmental entities. Please see the attached projects list and references. Please detail your similar services provided over the past two (2) years. Please see the attached projects list. Detail documented proof of at least three (8) projects in the past two (2) years, Please see the attached projects list. Please detail these services, including, the nature of the services provided, the scope of the activities, the organizations for which the services were provided, the dates of the projects, and the documented benefit to the governmental entity. Please see the attached projects list. 8 RFP 5142 Exhibit G Contractor's Proposal ~ ~ II A Q VANTASENVICESCOMPANY 20. Has your company filed or been named in airy litigation involving your company and the owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. Normal course of business. 21. Please provide at least (3) three references 6meferably m n:icllialides) and contract amounts. Include project description, contact names, position, and organization name and telephone number for each reference listed. Please see attachment F. 22. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone luumber of Owner. No. 23. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). No, 24. Has your company implemented an Employee Health and Safety Program compliant with 29 CFI 1910 "General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? STANDARDS c htt :I/www.osha. ovl lsloshaweblowasrch.search form? do t e= &P toc levol=1 &p keyvalue=1926 Please see attached additional safety information. 25. Please state the liability and other insurance coverage(s) that will be provided for this project. Please see attached insurance certificate showing coverages provided. 26. Please indicate the total number of projects your Firm has undertaken within the last five years? a. Can-Fer's Foundations and Substations division has completed over 200 projects within the last five years with a combined value of over $125 Million. Approximately half these projects and project value are associated with substation work, 9 I RFP 5142 I i II Exhibit H RFP #5142, Substation Construction This exhibit establishes the process whereby individual substation construction projects will be initiated. It is a general outline of the steps to be taken in setting project construction schedules and establishing project prices. The steps are generally in order of occurrence; however, nothing herein precludes the parties from agreeing to an amended approach for any given project. 1. The starting point for the process shall be when the project plans are delivered to the contractor by DME with indication of a preferred start date. The preferred start date shall not be less than 30 calendar days from the date the plans are delivered to the contractor. Longer planning periods are permissible. Project plans shall include a list of owner furnished material and projected dates of availability and a status of the site preparation. DME and the contractor will coordinate, to the extent feasible, in the development phases of projects to better facilitate planning for both parties. Benefits could be realized in long range budget forecasting, better project timing, constructability planning, and in coordinating and optimizing contractor resources and availability. 2. The contractor shall acknowledge receipt of the plans, indicate acceptance of the planned start date or propose an alternate start date, and shall propose a preconstruction conference to discuss the project. The preconstruction conference shall be scheduled not less than 14 calendar days before the preferred start date. 3. At the preconstruction conference, the following actions are expected: a. The contractor shall provide: 1) A formal estimate of the cost based on the contract unit costs in force at the time of the notice based on the units shown on the project plans 2) A proposed time to be allowed for construction at the preconstruction conference 3) A project plan for the construction 4) A list of classification and quantity of expected personnel that will be assigned to the project 5) A list of the type and quantity of expected equipment that will be assigned to the project 6) Indicate a date when bonds may be expected to be received by Purchasing 7) Raise any issues of concern b. DME shall provide: 1) Revised project plans, if any 2) A description of the project and constraints and answer questions 3) An updated list of owner furnished materials and projected dates of availability if there have been any changes from the initial list 4) An estimate of cost based on the units shown on the plans RFP 5142 Appendix H 5) An update to the status of site preparation if there have been any changes 6) Raise any issues of concern c. Jointly, both parties shall (some items may require additional time after the preconstruction conference for resolution. Resolution must be achieved before the purchase order can be issued): 1) Review the project plan 2) Attempt to arrive at a final cost estimate 3) Establish a formal project start for mobilization 4) Establish a formal project time for construction 5) Attempt to resolve concerns on all issues or agree on a process and time for resolving issues 3. After a formal start date and pricing are established: a. DME will enter the requisition for the purchase order based on the agreed pricing. b. The contractor shall provide bonds to Purchasing. c. Purchasing shall acknowledge receipt of bonds via email to the contractor and DME. d. Purchasing shall issue the purchase order with 5% retainage which shall serve as the official notice to proceed. RFP 5142 I ® CERTIFICATE OF LIABILITY INSURANCE E (MM/D DNYYY) 73/12/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the 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 lieu of such endorsement(s). PRODUCER John L, Wortham & Son, L.P. CONTACT NAME: John L. WOrtham & SOn P. O. BOX 1388 PHONE /c No Ext : 713-526-3366 FAx A/c No : 713-521-1951 Houston, TX 77251-1388 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # -INSURER A: Old Republic Insurance Company 24147 INSURED INSURER B : Can-fer Utility Services, LLC 3340 Roy Orr Blvd., #100 -INSURER C: Zurich American Insurance Company 16535 Grand Prairie TX 75050 INSURER INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 15706702 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 WITH 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INS RANCE INSIR D POLICY NUMBER MM/DD/YYYY MMIDDNYYY LIMITS A GENERAL LIABILITY MWZY59816 8/1/2012 8/1/2013 FACHOCCURRENCE $ 5,000,000 DAMAGE TO RENTED 5,000,000 COMMERCIAL GENERAL LIABILITY / PREMISES Ea occurrence $ CLAIMS-MADE a OCCURv MED EXP (Any one person) $ excluded PERSONAL & ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 5,000,000 71POLICY ✓ P JECT RO LOC $ A AUTOMOBILE LIABILITTY MWTB21639 8/1/2012 8/1/2013 EOMBIN DtSINGLELIMIT $ 5,000,000 ANY AUTO/ BODILY INJURY (Per person) ALL AUTOS OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE ✓ HIREDAUTOS ✓ AUTOS Poraccident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION MWC11792700 8/1/2012 8/1/2013 WcsTATU- oR AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 i- OFFICER/MEMBER EXCLUDED? FN N/A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Property MCP3548287-05 8/1/2012 8/1/2013 See Attached Addendum for Limits C Property. MBR5423663-00 8/1/2012 8/1/2013 See Attached Addendum for Limits DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 1 D1, Additional Remarks Schedule, If more space is required) Re: RFP #5142 Substation Construction Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dento , its Officials, Agents, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Employees and Volunteers ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Karen Smith 901-B Texas Street AUTHORIZED REPRESENTATIVE Denton TX 76209 John L. Wortham & Son, L.P. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERT NO.: 15706702 CLIENT CODE: 10QUANTSER (HOU) Sandy Moore 3/12/2013 12:04:54 PM Page 1 of 10 ii AGENCY CUSTOMER ID:1000ANTSER LOC A/C 'R ® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Can-fer Utility Services, LLC John L. Wortham & Son, L.P. 3340 Roy Orr Blvd., #100 POLICY NUMBER Grand Prairie TX 75050 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, I FORM NUMBER: 25 FORM TITLE: Certificate of Liability (05/10) CERTIFICATE HOLDER: City of Denton, its Officials, Agents, Employees and Volunteers ADDRESS: Attn: Karen Smith 901-B Texas Street Denton TX 76209 Installation Limits: Policy MBR5423663-0 $25,000,000 - Per Projec $ 5,000,000 - At Any Temporary Storage Location $ 5,000,000 - Any One Occurrence As Respect Horizontal Drilling Projects $ 2,000,000 - In Transit Any One Conveyance $ 1,500,000 - Debris Removal $ 1,000,000 - As Respect Expediting And Extra Expense Policy Aggregates: Flood - $10,000,000 Any One Occurrence/annual Aggregate Earthquake - $10,000,000 Any One Occurrence/annual Aggregate Coastal Named Windstorm - $15,000,000 Per Occurrence/annual Aggregate Contractor's Equipment - Policy #MC.P3548287-05,---' $25,000,000 - Any One Occurrence $ 2,500,000 - Any One Item Borrowed, Leased Or Rented Items (SHORT TERM) $ 1,000,000 - Any One Occurrence As Respect Riggers Liability Real Property, Business Personal Property, EDP Hardware & Media, Extra Expense/Rental Expenses $25,000,000 - Any One Occurrence $ 500,000 - Extra Expense and Rental Expenses $ 500,000 - Unnamed Locations $ 500,000 - Personal Property in Transit Policy Aggregates: Flood - $10,000,000 Any One Occurrence/annual Aggregate Earthquake - $10,000,000 Any One Occurrence/annual Aggregate Coastal Named Windstorm - $15,000,000 Per Occurrence/annual Aggregate Valuation: Installation - The Cost To Repair Or Replace The Property Lost Or Damaged At The Time And Place Of Loss With Material Of Like Kind And Quality. Contractors Equipment- Owned Equipment - The Lesser Of The Cost To Repair Or Replace With Like Use, Kind And Quality Valued As Of The Time Of The Loss Or Damage Or The Stated Value For Any One Item Insured As Shown On The Schedule On File With The Company. Borrowed/leased/rented Equipment - The Cost To Repair Or Replace With Like Use, Kind, And Quality Valued As Of The Time And Place Of Loss Or Damage Or The Named Insureds Liability As Set Forth In The Lease Or Rental Agreement. Real Property, Business Personal Property, EDP Hardware And Media - Replacement Cost Extra Expense and Rental Expenses - Actual Loss Sustained ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT CERT NO.: 15706702 CLIENT CODE: 10QUANTSER (AOU) Sandy Moore 3/12/2013 12:04:54 PM Page 2 of 10 i AGENCY CUSTOMER ID:100UANTSER LOC AC R ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Can-fer Utility Services, LLC John L. Wortham & Son, L.P. 3340 Roy Orr Blvd., #100 POLICY NUMBER Grand Prairie TX 75050 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (05/10) CERTIFICATE HOLDER: City of Denton, its Officials, Agents, Employees and Volunteers ADDRESS: Attn: Karen Smith 901-B Texas Street Denton TX 76209 General Liability policy includes aggregate limits of insurance per project subject to a maximum policy aggregate of $20,000,000. I I i ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT CERT NO.: 15706702 CLIENT CODE: 10QUANTSER (HOU) Sandy Moore 3/12/2013 12:04:54 PM Page 3 of 10 i i IL 10 12106 OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US-~~ SCHEDULE Number of Days Notice of Cancellation: 30-~ Person or Organization: City of Denton Address: Attn: Karen Smith 901-B Texas Street Denton, TX 76209 Ii Provisions If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, or materially change the coverage of this policy, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. If notice is mailed, proof of mailing by certified mail will be sufficient proof of notice. GL 333 080 0811 Quanta Services, Inc. MWZY 59816 Policy Period: 08-01-12 to 08-01-13 CERT NO.: 15706702 CLIENT CODE: 10QUANTSER (HOD) Sandy Moore 3/12/2013 12:04:54 PM Page 4 of 10 I IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US SCHEDULE Number of Days Notice of Cancellation: 30 Person or Organization: City of Denton i I Address: Attn: Karen Smith 901-B Texas Street Denton, TX 76209 Provisions If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, or materially change the coverage of this policy, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. If notice is mailed, proof of mailing by certified mail will be sufficient proof of notice. CA 333 048 0811 Quanta Services, Inc. MWTB 21639 Policy Period: 08-01-12 to 08-01-13 CERT NO.: 15706702 CLIENT CODE: 100UANTSER (HOU) Sandy Moore 3/12/2013 12:04:54 PM Page 5 of 10 j IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US SCHEDULE Number of Days Notice of Cancellation: 30 Person or Organization: City of Denton Address: Attn: Karen Smith 901-B Texas Street Denton, TX 76209 Provisions If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, or materially change the coverage of this policy, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. If notice is mailed, proof of mailing by certified mail will be sufficient proof of notice. FORM T Quanta Services, Inc. MWC117927 00 Policy Period: 08-01-12 to 08-01-13 CERT NO.: 15706702 CLIENT CODE: 10QUANTSER (HOU) Sandy Moore 3/12/2013 12:04:54 PM Page 6 of 10 i THIS FORM DOES NOT APPLY IN MA COMMERCIAL AUTO POLICY NUMBER: CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identities person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: 6~97/~ Authorized Re resentative SCHEDULE Name of Person(s) or Organization(s): Any persons or organizations whom you have agreed to Include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. I tfi. 'wC1XEtf4Yl L.L _C. ~ oeho".L BzCYa-r ~t~lkrl ~ Mrs ,i7tS.... M~" ;3~Y'~SRAt (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 MWTB 21639 Quanta Services, Inc. 08/01/2012 - 08/01/2013 CERT NO.: 15706702 CLIENT CODE: 10QUANTSER (HOU) Sandy Moore 3/12/2013 12:04:54 PM Page 7 of 10 I IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/DESIGNATED INSURED AMENDMENT - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Designated Person(s) or Organization (s): I Any persons or organizations whom you have agreed to include as an Addi ' al Insured under a written contract, provided such contract was executed prior to the date of loss. Insured's Name: Signature Line: WHO IS AN INSURED (SECTION II) is amended to include the person(s) or organization(s) shown in the above Schedule, but only with respect to "accidents" arising out of work being performed for such person(s) or organization (s). As respects any person(s) or organization(s) shown in the above Schedule with whom you have agreed in a written contract to provide primary insurance on a non-contributory basis, this insurance will be primary to and non-contributing with any other insurance available to such person(s) or organizations(s). ~I .~,~a CA 333 001 08 09 Quanta Services, Inc. MWTB 21639 Policy Period: 08-01-12 to 08-01-13 CERT NO.: 15706702 CLIENT CODE: 104UANTSER (HOU) Sandy Moore 3/12/2013 12:04:54 PM Page 8 of 10 I IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT---' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM i It is hereby understood and agreed that the WHO IS AN INSURED" provision under SECTION If of the COMMERCIAL GENERAL LIABILITY COVERAGE form is amended to include as additi !insureds any certificate holder when required b written contract but y as respects liability arising out of the Name Insure s: 1 On-going operations 2) Work 3) Premises owned by or rented to the Named Insured 4) Equipment leased or rented to the Named Insured 5) Completed Operations for or from the additional insured with whom such written contract is executed. i 6y g, ".,,liafe i.,fe.C„ 4a x1 Paxttvar psia~ #ks. ~ R +a~9~KT l~~ic?rG~ox GL 333 011 0809 MwzY 59846 Quanta 3ervIces, Inc. 0810112012 - 0810912013 CERT NO.: 15706702 CLIENT CODE: 1000ANTSER (HOU) Sandy Moose 3/12/2013 12:04:54 PM Page 9 of 10 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AMENDMENT - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM As respects any person(s) or organization(s) included as an additional insured and with whom you have agreed in a written contract, agreement or perm o prov- a pr mary insurance on a non-contr u ory asis, (s insurance will be primary to and non-contributing with any other insurance available to such person(s) or organization(s). I JU'" L. vcrrth..rr & SC41, L.P, &y J. ifrrrfli4f!.~L.L_C_ 66pera1 i4=ruict qr aa~ R: '8x NtYiaaBE~rzxr PGL 089 06 07 MWZY 59816 Quanta Services, Inc. 08/0?/2012.08/01/2013 CERT NO.: 15706702 CLIENT CODE: 10QUANTSER (AOU) Sandy Moore 3/12/2013 12:04:54 PM Page 10 of 10