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2014-265 %(+$1$%$1$-"$%.1, 2014265 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ FirstAmendmenttoContractɋLetterattached07/31/15JR SecondAmendmenttoContractɋLetterattached08/19/15JR ThirdAmendmentɋOrdinanceNo.201705602/21/17JR � � * . � � � . , � AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR UNDERGROUND ELECTRIC 1NSTALLATION SERVICES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 5567-AWARDED TO BARCO CONSTRUCTION CO., IN THE THREE (3} YEAR NOT-TO- EXCEED AMOUNT OF $4,837,484}. �VHEREAS, the City has solicited, received and tabulated competitive proposals for the construction of public warks or improvements in accordance with the procedures af State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described proposal is the highest scored proposal for the construction of the public works or improvements described in the Request for Proposal (RFP) document and plans and specifications therein; NOW, THER.EFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive proposal 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 RFP number assigned hereto, are hereby accepted and approved: RFP NUMBER CONTRACTOR AMOUNT 5567 Barco Construction Co. $4,837,484 SEC"T"10N 2. The acceptance and approval of the above competitive proposals shall not constitute a contract between the City and the person submitting the proposal for construction of such public works ar improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Proposers including the timely execution of a written cantract and furnishing of performance and payment bonds, and insurance certificate after notification of the award. 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 proposals accepted and approved herein, provided that such contracts are made in accordance with the Notice to Proposers 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 Cauncil af the City of Denton, Texas hereby expressly delegates the authority ta take any actions that may be required or permitted to be performed by the City of Dentan under RFP 5567 ta the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval af the abave competitive proposals and the execution af 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 propasals and authorized cantracts executed pursuant thereto. SECTION 6. This ardinance shall become effective immediately upon its passage and approval. �'11��1i.I'I� �1NF� �1'l'I�C7�F�,� lN�i� tla�: �f��`�G'� �i��y �� ;��'�,��'�'�`�._, ?i)��. �� i �,"_ pr � � � �� , � �� , fi f � rLry� ��t.m:+'� � ��,wk9 ,......�,� _,•�....,.. � ..... ._._.....,,.,�. C`�-Il��,�'�TS, MAYOR . � � , � , .� . �� BY: � � . ....__ - � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: .,.� .:.��°` �� ,� " _ � . �� —� CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BARCO CONSTRUCTION, INC, (RFP 5567) � ��_ �� "�-�I� ��C�'�'"�"��4�. � �� .�� a�� e��k�r�� i��t�� i�� _ �<�� !" n��.�� n � y��._ ��I��„ �� 7c� ��+�tvr��a� ��+�;°� �'C��9�a7Ti�t�4�.°C'��«i [�f�., � ��77C�i��,�t�:�:��„ r�l�c�� c�� a:� ��?� PLUM HOLLOW. Denton, TX 76207, hereinafter referred to as "Contractor," and the CITI' 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 #5567 UNDERGROUND ELECTRIC INSTALLATION 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 # 5567 (Ezhibit "A") (b) City of Denton Standard Terms and Conditions (Exhibit "B"); (c) Payment and Performance Bonds (Exhibit "C"); (d) Insurance Requirements (Ezhibit "D"); (e) Form CIQ — Conflict of Interest Questionnaire (Exhibit "E "); (� Special Terms and Conditions (Exhibit "F"); (g) Contractor's Proposal. (Exhibit "G"); 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. "CONTRACTOR" �°� �� m � � � � �'f+ �t � �� .� �� ATTEST: : ATTEST: JENNIFER WALTERS, CITY SECRETARY � ,�� '�� "�� By �� ..,. :''�""�'�� .. � �a��.�!�'�_. � �� '��,,,.�" � .� e. . APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: �N°��°,� � � "�" ��"�,"� ,� �� BY� �. k�°�,�� "��mm�� AUTHORIZED SIGNATURE TYPED N�C"��: �� w� �� J�� «�;� � �.," � Rr TITLE: 4 �::-�;m � .� �.. �. . .W..� �._.� W..� �� ( � �. � �� PHONE NUMBER � �,°., `� � � �^ ;� . �p �,,� ;.� �u �; e g ��^� � „�n ��W�,,, E-MAIL ADDRESS CITY OF DENTON, TEXAS A Texas Municipal Corporation � � � B _�� ,� � ....� Y� __ �. � �E��I�+�r��.�, 9`��%�C�' � �°'tl��"%' IN��1�� ,� � � � �"` �` � � �w�� .�..,. � � � ��;r � �"� � ��., 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 & RI5K OF LOS5� 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 with the issuance of an original PO. 7. RIGHT OF INSPECTION AND REJECTION: 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 make 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 efiicient manner and in accordance with, and subject to, the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisiied 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 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. Immigrallon: 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 ftom and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor's obligations ttnder 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 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 iirm 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 fitnds. 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 reriuned 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 iinal 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. 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 th�t 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 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, insu.rance 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: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. 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. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 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 from the date of acceptance of the deliverables or ftom 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. B. Unless otherwise specified in the Contract, the warranty period shall be at least for a minimum period of 18 months following project completion or 12 months from the date the station construction is accepted by the Owner. 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 reduce the amount of services it may be required to purchase under the Contract ftom 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. 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 detertnination 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 specifed after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 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 notiiied 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. 27. TERMINATION FOR CAU5E: 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 ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) 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 u.nder the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 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 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. 31. INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgrnents 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, offcers 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 CIT�, INDENINIFY, 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 iurn 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. 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 cairy 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 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 fmancial 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 speciiied 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. 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 AGAIN5T 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 ftom 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 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 viriue 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 o� 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. 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 fde 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 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 assigntnent 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. MODIFICATI0I�TS: 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 iinal, 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 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). 1'he 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 unenforceability 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: New Year's Day (observed) 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 OBLIGATION5: 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 specifc federally funded requirements detailed in Attachment B. A. Defmitions. 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 certiiicate 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. "Foreigi 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. l0a - lOd) 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 Certiiicate". 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 solicita,tion requires an awarded contractor or supplier to be licensed by the State of 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. http://www.access. g,po. gov/davisbacon/�.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 sea.) 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 iinal rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-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. 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 Pariy'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 Party 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. 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 PROVISION5: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain unlil 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 nu�nber and title of the projec� Contractor may, upon written request to the Purchasing Deparhnent, 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 noh'fication 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 specifcations, 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 inaterially changed before the expiration date. • Should any of the required insurance be provided under a claims made form, Contractor sha11 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 RFP 5567 contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occutrence 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. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury, • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500 000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability RFP 5567 arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non-owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain 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. [ ] 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. RFP 5567 [ ] Commercial Crime Provides coverage for tlie theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fdelity portion of this coverage should be written on a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than �� each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. RFP 5567 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 proj ect. "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 RFP 5567 coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, 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 proj ect; 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; RFP 5567 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contxactor 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. RFP 5567 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doinq 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 paca Rece�ved 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. � Name of person who has a business relationship with local governmental entity. 2 fii Check this box if you are filing an update to a previously filed questionnaire. L�J (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71h 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? � Yes � 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? L�l Yes � 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? � Yes � No D. Describe each affiliation or business relationship. 4.. ._...�...m � . �� _�._........._._.... � � wwww .. .... ..........., �� ..... � �.�.�_. �. �"��" mm �mm ��s�� -�m��.�� .�.� ...., _� �^�I.� �_. � �,,�,...............__....._ --- �i�,r�a��ur� of person doing business with the governmental Date �r�tCCy RFP 5567 Total Contract Value The contract total for attached. EXHIBIT F SPECIAL TERMS AND CONDITIONS services shall not exceed $4,837,484.10. Pricing shall be per Exhibit F Bonds The Contractor will be required to sign original contract and submit a blanket performance and payment bond for $250,000. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended. RFP 5567 EXHIBIT G CONTRACTORSPROPOSAL RFP 5567 - BAFO Evaluation Sheet for UNDERGROUND ELECTRIC SERVICE I NSTALLATI ON Barco Construction �,�� . . RFP DME Item Item Esr. Description 2 # ANNUAL # qrr UOM , Unit Price Extended Price Excavation and Backfill '�i%ii ° �� ,; ' J Trench with Trencher 6" wide by 1 D1 2,000 Ft 30" deen $1.75 $3,500.00 ��.�,��.��...��.�.�..,��...��..�� ...........................................�_� �.�..m.m._mm.�,,,,,�...m Trench with Trencher 6 wide b 2 D2 5,000 Ft 48" deen $1.80 $9,000.00 Trench with Trencher 6" wide by 3 D3 5,000 Ft 60" deep $2.25 $11,250.00 _ �... _. � ��..... �.w �, .... .. .. �..�.. ... � �,,,,,, �,_.... Trench with Backhoe 18" wide 4 D4 25,000 Ft 48" deep $3.75 $93,750.00 �� Trench with Backhoe 18" wide ��.� � 5 DS 25,000 Ft 60" deen $4.00 $100,000.00 Trench with Backhoe 18" wide g �I D6 15,000 ' Ft 72" deep $4.25 $63,750.00 Trench with Backhoe 18" wide 7 D7 I, 1,000 Ft 84" deep $5.50 $5,500.00 Trenchwith B�ackhoe...�..8'�..wide ................ ........................................................................ 8 D8 1,000 Ft 96" deeu $6.25 $6,250.00 Trench with Backhoe 24" wide 9 D9 1,000 Ft 48" deep $4.00 $4,000.00 Trench with Backhoe 24" wide.... .... ... ....W� �.�.W^�� W. .. ....� 10 D10 10,000 Ft 60" deen $4.50 $45,000.00 Trench with Backhoe 24" wide 11 D11 10,000 Ft 72" deep $5.00 $50,000.00 Trench�with Backhoe..24"...wide....�. . m _ �.........�. 12 D12 5,000 Ft 84" deep $6.00 $30,000.00 Trench with Backhoe 24" wide 13 D13 1,000 Ft 96" deen 58.00 S8,000.00 Trench with Backhoe 36" wide 14 D14 1,000 I Ft I 48" deep $5.00 $5,000.00 Trench with Backhoe 36" wide 15 D15 1,000 Ft 60" deep $6.00 $6,000.00 Trench with Backhoe 36" wide 16 D16 1,000 Ft 72" deep $7.00 $7,000.00 ,�.� .� ....................... Trench with Backhoe 36" wide 17 D17 1,000 Ft 84" deep $8.00 $8,000.00 ' RFP 5567 �. ,...�........ ,,,,.�..........� ........................ ��......................... .�_..,,,,_.. ��_. Trench with Backhoe 36" wide i 18 D18 1,000 Ft 96" deen $10.00 $10,000.00 Special trencher for trenching in 19 D19 2,000 Ft rock, 6" width $10.00 520.000.00 �� Rock Adder, Backhoe 18" Width, 20 D20 1,000 Ft Cutting & Jack Hammer $10.00 $10,000.00 Rock Adder, Backhoe 24° Width, 21 D21 1,000 Ft Cutting & Jack Hammer $12.00 $12,000.00 m ................................. .........................m............... w _ ��,��.��.��.��.��...��....................................................................��.....��......... � Rock Adder, Backhoe 36" Width, 22 D22 500 Ft Cuttin� & Jack Hammer $15.00 $7,500.00 Rock Adder, Backhoe 18" Width, 23 D23 1,000 Ft Large Rock Quantity $8.00 $8,000.00 � ............................_..................................�....�............................................................ �.....�......................................�........................�............................................................,. Rock Adder, Backhoe 24" Width, 24 D24 1,000 Ft Lar�e Rock Quantity $10.00 $10,000.00 Rock Adder, Backhoe 36" Width, 25 D25 1,000 Ft Lar�e Rock Ouantity $12.00 $12,000.00 ....................................................................................�............................ �....Ha.,�r.�............�,.�.�,�.�,,,,,,.�_,,.�� mm.�mmm.._ . nd Digging 12" x 30" deep or 26 D26 1,000 Ft less $12.00 512,000.00 m� � _.� .. .. ...��..�� Hand Digging 12" x 31" - 48" 27 D27 500 Ft deep $15.00 $7,500.00 ��. .��.�. �� Concrete Backfill of Trench Excavated bv Backhoe 5100.00 $250,000.00 ... 28 ....D28 ...�� 2.500.. ''�� C.v. .. �. ....��m,��.._..�,._� Mechanical Tamping of Trench 29 D29 2,500 Ft Excavated by Backhoe $1.50 $3,750.00 _ � �� .6 .�.�.� 30 D30 1,000 LF 2" - 4" Thick Asphalt Saw Cut $6.50 $6,500.00 _m..�. , �.,..,...�,,.�..m ..��..�.�_� �. �.w . 31 D31 500 LF 1" - 6" Concrete Saw Cut $8.00 $4,000.00 ......,32 ....D32 ... ..... .500 .. ......LF 8"+ Thick Concrete Saw�� .m,,,,. �.. Cut $12.00 $6,000.00 .... _ .. ........... ........... 4��+ As halt and/ �� . .. � or Conc�� p rete Saw 33 D33 1,000 LF Cut $9.00 $9,000.00 ................................� �................................. � ��.......................... ��..............................................................................................� ,,,,,,,,,�,.,.....,,,,,,,,.� � �� ilii%%i//j/i i//'/%i% �%�%�1 f Conduit Installation in 6 Wide �f l�� // �, �� / ,� i�� / �� i� � �/ Trench �j� %� ��f�% �, �/�� / � �� v �� r ��.�� 34 CT1 1,000 Ft Conduit 1" PVC $0.60 $600.00 . w.�w.... .._..... . 35 CT2 5,000 Ft Conduit 2" PVC $0.70 $3 500.00 ' _._. -._.__ __.Y._.-_ �.� _........ ...�..� ...� -.... � �...�_�____ 36 CT3 5,000 Ft Conduit 2& 1/2 " PVC $0.75 $3,750.00 ........ .......�_.� 37 CT4 100 Ft Conduit 3" PVC $0.80 $80.00 .. 38 �........��......., .. . ...� 2.500 Ft Conduit 4 PVC $1.50 ' $3,750.00 .�......,39.... CT6 25.... .......Ea Conduit .�.�.�.� PVC 90 dep�' ..... _. m �_ 1" ee sweep $5.50 ' $137.50 40 CT7 �� 50 Ea Conduit 2" PVC 90 degree sweep $6.25 �'� $312.50 Conduit 2& U2 " PVC 90 degree 41 CT8 50 Ea sweep $6.50 $325.00 �.�w�.�.�. .... ... ...... ...... ... 42 CT9 1 Ea Conduit 3" PVC 90 de�ree sweep $7.00 $7.00 43 CT10 50 Ea Conduit 4" PVC 90 deQree sweep $10.00 $500,"mmmmmmmm 00 44 CT11 m� 10 ��Ea Conduit 2"�PVC�45 degree sweep $6.25 $62.50 Conduit 2& 1/2 " PVC 45 degree � 45 �� CT 12 10 Ea sweep $6.50 �� $65.00 �� .. ........ ... .. ...... ........ ... �......, . .......... 46 CT13 1 Ea Conduit 3 PVC 45 deeree sween $7.00 $7.00 RFP 5567 47 CT14 10 Ea Conduit 4" PVC 45 degree sweep $10.00 $100.00 ��... . .�w. �. � ..Conduit 4.....PVC 22 &� 1/2 degree .....�.�.� .....��,, � , m,�.. �� 48 CT15 10 Ea sweep $10.00 $100.00 Multiple Conduit Installations �� in 18" to 36" Trench /'�/,!!�/ �/, ,,, ii i�,; ,-�� ;'; 49 CB1 � 1,000 Ft� Conduit 1" PVC $0.60 $600.00 ....�...a�. �� ............................................................................................._......�..m....m.....�.�...........� �..�......�..................��................................................... Additional 1" PVC Conduit in 50 CB2 100 Ft Trench $0.60 $60.00 �_m..�.. ...w _ 51 CB3 ...15r000 _ _...Ft Conduit 2" PVC.... ....� ....� � .._.�. SOJO $10,500.00 Additional2" PVC Conduit in � 52 CB4 2,000 Ft Trench $0.70 $1,400.00 _........ .................. ................................................................................................................................�w............................... ................_....... ........................................................................ 53 CBS 1.000 Ft Condurt 2& 1/2 " PVC $0.75 $750.00 Additional2 & 1/2" PVC 54 ' CB6 1,000 Ft Conduit in Trench $0.75 $750.00 55 CB.7....� 1 .................�.w... 00 Ft Conduit 3" PVC $0.80 $80.00 _�. .�. � . .. .� � .�...� .... .... �mmmm Additional 3" PVC Conduit in 56 CB8 100 Ft Trench $0.80 $80.00 ._�... . m. ..... � .... � .. . . . . � ....... . . . . . _ � � � � � .,,,,,,,e �� ................,,,,,,,., 57 CB9 20,000 �� Ft �� Conduit 4" PVC $1.50 $30,000.00 �m..� ....... �. . ....... Addi ��__ . ............ .. .... tional4 PVC Conduit in 58 CB 10 20,000 Ft Trench $1.50 $30,000.00 �� _ � �..�B.�.� � ..... �..�.�.,_.��...�,,� ��....,......��.....,,,,,e...,, 20,000 Ft Conduit 6" PVC $2.00 $40,000.00 . ........m.�.� ... . � ...�wm.�.�.�.�___�_____�.____�.._ .� ___�. �.. .� . ... .... �.�� Additional6" PVC Conduit in ' 60 CB12 '' 12,000 Ft Trench $2.00 $24,000.00 .. � � ... ..... w......... ..�� w..� _...... Bank of two 6", two 4", two 2", and two 1" installed in conduit 61 CB13 5,000 Ft svacers $10.00 $50,000.00 �.�. _. �. _...__..........._____. Bank of three 6", three 4", three 2", and two 1" installed in 62 CB14 1,000 Ft conduit spacers $12.00 ' $12,000.00 . � �� ........ ..... . .. 63 CB15 500 Ea Conduit 1" PVC 90 degree sweep $5.50 $2,750.00 64 CB16 I 1,000 Ea Conduit 2" PVC 90 de�ree sween $6.25 56,250.00 �...... �.. Conduit 2 .. ............... ...... � ... . ... .... .... ..._ & 1/2 " PVC 90 degree 65 CB17 1.000 Ea sweep $7.00 $7,000.00 66 �.�.�. .....�B.......�� _._ � . �...___� . ��.....,_�, �, ...................................... �_ �___ 18 5 Ea Conduit 3" PVC 90 deeree sweev $7.50 $37.50 ................................... � -_...�..._._�,,,,,,,,,,,,,,,,,,......,,.��,,,,,,,,.....,.......,...�,..,... �.,..,,_....,.�,,._. 67 CB19 1,000 Ea Conduit 4" PVC 90 degree sweep $10.00 $s0,000.00 �� 68 , CB20 1,000 � wm�.... _.....a_ .._ __�__6.�.�__, ��..._ Mulh le Conduit Insta sp $12 00 $12,000 00 a .mon uit PV 90 e r;,ahon � m......m_�� e • �'� ioif%�/iii�i%� '�'iii�iiii/�%///aiii��/i i � � /� r i i � � ////i p � i// i��/„%�//i%% �f �%%/ f��/�/ in 18" to 36" Trench %Gf%/%�i � i��' ''�; %�%��' (Continuedl � �� '% �'%/i iw%, a�%i%;��* __�,�..� �.......... »��_.WU.....� %/ � „i „ , 69 CB21 50 Ea Conduit 2" PVC 45 de�ree sweep $6.25 $312.50 Conduit 2& 1/2 " PVC 45 degree I 70 CB22 50 Ea sween 57.00 $350.00 _...71 CB23 1 Ea_ ..............C..............�u �.....................PVC...45....de�ree sween �..$�7.50 �.�m..............................�........$.�.��....� ond it 3" 72 CB24....._...200 . ......w .� �� .._ _. .��w ___��__ Ea Conduit 4" PVC 45 degree sweep $10.00 $2,000.00 .��.... .��.. ��.. 73 CB25 200 Ea Conduit 6" PVC 45 deeree sween $12.00 52,400.00 . .....C...n...�uit4�� PVC...22....&�1/2 degree .,�.:.........� .........................................�...��_�.� o d ' 74 CB26 �� 100 �� Ea sweep $10.00 $1,000.00 RFP 5567 � Conduit 6" PVC 22 & 1/2 degree 75 CB27 100 Ea sweep $12.00 $1,200.00 Con _ Primary and Secondary � ! � "' r � � � � �� l �� ductor Installahon � � , � �.......�.._ � .......... .._ ... ... �._....... _.. � _w� �....... � Cable, Cu UF SOL, 12/2 awg 76 CI1 2,500 Ft Secondary $0.55 $1,375.00 ,.� �.,...... �..�..� ��___�� __�.______�_ 77 Cl2 5.000 Ft Cable, A1 #6 Dunlex $0.65 I $3,250.00 . �,, _._� m � �� 78 CI3 70 000 �� Ft C��" ...�.m , able, A14/0 4/0 2/0 Secondarv I $1.z5 I $87,500.00 79 CI4 10,000 Ft Cable, 350, 350, 4/0 Secondary $1.50 I $15,000.00 ��m.m..�.,� .,�...._m�� .�� Cable,��#2��A1 15��kV��Single�� Phase i 80 CIS 100,000 Ft Pull $0.90 ' $90,000.00 Cable, # 1/0 A1 15 kV Single 81 CI6 500 Ft Phase Pull $0.90 5450.00 Cable, #4/0 Al 15 kV Single 82 CI7 500 Ft Phase Pull $1.25 $625.00 Cable, #2 A1 15 kV Three Phase _�...83 �... CI8�.. . 25.000 �.�. Ft Pull ._.�.�. �.�.�...�.�. ._______._.....�2woo , ._.._..$.50,000.00... Cable, #1/0 A1 15 kV Three 84 CI9 ' 1,000 Ft Phase Pull $2.00 $2,000.00 �� .........�.m .....................................Cab��e�..#..4/O..A1...�.�S..kV..Three............ 85 CI10 10,000 Ft Phase Pull $3.00 $30,000.00 _.._... _��..�m��_�___�.........�.ew ................: � mm____�___� Cable 250 MCM Cu 15 kV � Three Phase Pull (Includes 4/0 86 CI11 1,000 Ft bare neutral) $3.75 $3,750.00 � _ � e.W ...... . - _�,www ...��. Cable, 500 MCM Cu 15 kV Three Phase Pull (Includes 4/0 87 CI12 15,000 ' Ft bare neutral) $5.00 $75.000.00 Cable, 750 MCM Cu 15 kV Three Phase Pull (Includes 4/0 88 CI13 150,000 Ft bare neutral) 57.00 $1,050,000.00 89 CI14 2,000 Ft Cable, 8 Triplex Cu $0.55 $1,100.00� � m. .��,�....�_...........�,..._�_m__�.....�.._�......_____- Install Fault Indicator Single 90 CI15 700 Ea Phase 510.00 57.000,00 Install Fault Indicator Three 91 CI16 400 Set Phase $15.00 $6,000.00 ............. � _u�w.�.�w�w�....—.��___ � � ,......�.� ...... _�� w�w�.�.�.��...�w.W....�ww�.. Multiple Duct Bank Tagging of Conductors in Multiple Duct Banks (individual conduits and cables shall be included in base 92 CI17 40 Ea bid) $5.00 $200.00 . 1�%✓i�'/l�� °� � � �` f /� l�r m ..... _�� _._.....�... �.� _��.. _.� _ Termmati ..... .... y " '' l � � � ' � Y , , � ' ons � /�� ii�� „ Elbow, Loadbreak #2 AL 220 mil 93 T1 1,000 Ea 15 kV $70.00 570,000.00 Elbow, Loadbreak #1/0 AL 220 94 T2 20 ' Ea mil 15 kV $70.00 $1,400.00 �,. �... .......� .................................. Elbow, Loa.. dbreak #4/0 AL 220 95 T3 500 Ea ' mil 15 kV $90.00 $45,000.00 ' Elbow, T Nonloadbreak 250 96 T4 30 Ea MCM or 4/0 15 kV $100.00 $3,000.00 RFP 5567 � Elbow, T Nonloadbreak 500 97 TS ' 60 Ea MCM 15 kV $125.00 $7,500.00 ' Elbow, T Nonloadbreak 750 98 T6 300 Ea MCM 15 kV 5150.00 $45,000.00 Ternunation Rack / Utility Pole 99 T7 150 Ea single phase # 2 $450.00 $67,500.00 Termination Rack / Utility Pole 100 T8 4 Ea vee nhase # 2 $550.00 $2,200.00 Termination Rack / Utility Pole 3 101 T9 50 Ea phase # 2 $750.00 $37,500.00 �I Termination Ra ry � � ck / Utili Pole 102 T10 10 Ea � single phase #1/0 $450.00 $4,500.00 Termination Rack on a Utility 103 T11 5 Ea Pole vee nhase # 1/0 $500.00 $2,500.00 � Termination Rack on a Utility � 104 T12 5 i Ea Pole 3 phase # 1/0 $750.00 $3,750.00 Termination Rack / Utility Pole 105 T13 1 Ea single phase #4/0 $450.00 $450.00 Termination Rack on a Utility 106 T14 1 Ea Pole vee phase # 4/0 $500.00 $500.00 ,� � ��_ �..._...._._ ........................Termination...Rack..on...a..Utili.ty......................�.��._�.__.................... 107 T15 25 Ea Pole 3 phase # 4/0 $750.00 $18,750.00 Termination Rack on a Utility 108 T16 5 Ea Pole 3 phase 250MCM $1,300.00 $6,500.00 � Termination Rack on a Utility 109 T17 30 Ea Pole 3 nhase 500 MCM $1,400.00 $42,000.00 Termination Rack on a Utility 110 ' T18 100 Ea Pole 3 nhase 750MCM 51,500.00 $150,000.00 I 111 T19 .........2.1.0.�......_.....��Ea.��.......�..600...._ 200 AMP P1ug..Adapt ...............................� e,��___ .�.m�...m. ..m.. . er $10.00 $2,100.00 112 � T20 50 Ea Insulated Plugs/Deadend Plugs � �" °.��°°°�°....�. ..... .�..,� 113 T21 50 ' Ea Splice,.�_......._��.�.�m. $10.00 $500.00 #2 AL 220 mil 15 kV $145.00 $7,250.00 114 T22 5 .. ._._ Ea Splice�, #1�/0 AL� ..."....�.......�.� ...............�.... �..,,a. mm_� 220 mil 15 kV $145.00 $725.00 115 �� T23 �� 25 Ea , Splice, #4/0 AL 220 mil 1 5 kV $145 00 $3 625.00_ ��._...�,...� , ,,,,,,,,,,,,,,,,,,,,,�_...........�......�.........�_..�....kV $150.00 $3,750.00 116 T24 mmmmmm25mm Ea S licer 250 MCM or 4/0 15 � I� 117 T25 30 Ea Sphce, 500 MCM 15 kV $165.00 $4,950.00 �..._. ......� ._..�. m..� �.ti�� ....�....... � � �. __.. 118 I T26 150 Ea Splice, 750 MCM 15 kV $175 0o S26,250.00 �w _ ,////iii�/i��ii� 1� J1%� // /%� ii i i/i Arresters �,� ,�� i%�/;,/�i,;11i%;�/Oi%,�i/�,,,,,,, �....� . ��...._. ....�.�....�u �. �..� � .��u.. �. .�.. � � ��. „� �,��. /„ / 119 A1 300 Ea Arrester Elbow, 10 kV $13.00 $3,900.00 ��120 A2 � 90 Ea �� Arrester, Bushin� 10 kV $13.00 $1, ...._..... � ........................... ��........................................�.............................�.�,.......................................................................... ,.. .. 170.00 121 A3 30 Ea Arrester, Parking Stand 10 kV $13.00 $390.00 . �_.... .___ �._ �.�. Manholes and Vaults � °"'��'��°��"'�� '��' ��'� '�" �i, ��/�i��i%ii�i/i, %i iiii//%//i/,!�i�%'�i� _ ... ��.. ........ n� �, ._ _ .. � /.. . _..... ..��.�././G/ 2 Way Manhole 12' X 12' X 9' 122 V1 4 Ea with 5' of Cover $10,000.00 $40,000.00 � � _._ ........... .._....._....��_�._................................................................................................................................................ � �,_ � � 4 Way Manhole 12' X 12' X 9' �� 123 �� V2 4 Ea with 5' of Cover $10.000.00 $40.000.00 RFP 5567 ..� ................_._._....��..�� ........ww_ 3 Way Manhole 12' X 10' X 9' 124 V3 5 Ea with 5' of Cover $10,000.00 $50,000.00 Additional foot of cover for 4 125 V4 10 _ Ft Wav or 3 WaY to 10' mmmmm � mm mmmmmm$1,000 µ00 $10,000.00 ' Polymer Concrete Vault 4'W X 126 VS 120 Ea 5'D x S'L Surface Mount $1,300.00 $156,000,00 Polymer Concrete Vault 4'W X mmmmm m�mmmmmmmmmmmmmmmmmmmmmmmIT�m� 127 V6 5 Ea 5'D x 6'L Surface Mount $1,200.00 $6,000.00 Polymer Concrete Vault 3'W X 128 V7 30 Ea 5'D x 5'L Surface Mount $800.00 $24,000.00 Polyt�er Concrete Vault 4'W X � � 129 V8 5 ' Ea 4'D x 4'L Surface Mount $600.00 $3,000.00 ! Polymer Concrete Box 13"W X 130 V9 12 Ea 18"D x 24"L Surface Mount $200,00 $2,400.00 .... ....� �� __ �, � � ......................w___. .....�.ti. Polymer Concrete Box 12"W X 131 V10 100 Ea 12"D x 12"L Surface Mount $125.00 $12,500.00 Fiberglass Sleeve, Pri. � 132 V11 15 Ea Connection Cabinet 1 Phase $150.00 $2,250.00 ..�.. .._.��.. __-__��. �.. Fiberglass Sleeve, Pri. 133 V 12 25 j Ea Connection Cabinet 3 Phase $250.00 $6,250.00 _ .�...__.�.�� ....................................... �.......��r � ��..��.�..�_�...............................� Excavation to Access side of a 134 V13 10 Ea Manhole $1,000.00 $10,000.00 ..... .. � �.�. _ �� m Excavatio� .._..... . ' n to Access side of a 135 V 14 10 Ea Vault $500.00 $5,000.00 136 V15 6 � Ea 6" Conduit Entry into Manhole � $175.00�� 137..... � ....... � � S1,o5o.00 V 16 .w� �,.. �.w. 6 Ea 4" Conduit Ent mto Manhole $150.00 $900.00 .� �� .............................................................................................................�m��.. .��.� 2 1/2" Conduit Entry into 138 V 17 6 Ea Manhole $125.00 $750.00 �.. �. _ .,m �. . �� , 139 V 18 6 Ea 2" Conduit Entry into Manhole $125.00 $750.00 i 140 V19__ 6 .�..._w..�.�__�.. _ ........� .�...__._....... � Ea 6" Conduit Entrv into Vault $150.00 $900,00 141 � V20�� 6 Ea 4" Conduit Entry into Vault $ 100.00 $600.00 142 �� V21�� 6 Ea 2 1/2"�Conduit Entry int�� o Vault $75.00 $450.00 I 143 V22 � 6 Ea 2" Conduit Entrv into Vault $75.00 ��$450.00� � ....... �.��. �. Foundations ...�1, � l�� i „� , Transformer Pad 48° X�54" 144 P1 350 Ea Fibercrete $175.00 $61,250.00 �� 145 P2 50 Ea Switch Gear Pad 7' x 7' x 3' ��$70�� ___ .... .... ��. . ..... _ m..�m._ _ .. ... . �.. � . .. 0.00 $35,000.00 Transformer Pad 83" X 83" Old 146 P3 10 Ea Castle $600.00 $6,000.00 � e .... � _.�. ...� � Equipment ,� �' ' t ra�� r, 1� 1� J, � ...mm .._ ._ ____.. ...�...��.� ... � mmm rv Connection Pedestal I $80.00 $48 000.00 � 147 E1 600 Ea ,Seconda� � , 148 E2 350 Ea Sin�le Phase Transformer on Pad $350.00 $122,500.00 .........�. � ... �_._.._.�. Three Phase Transformer on Pad 149 E3A 30 Ea up to SOOKVA $1,200.00 $36,000.00 Three Phase Transformer on Pad � 150 E3B 20 Ea above SOOKVA un to 1500KVA $3,000.00 $60,000.00 RFP 5567 . . w�. . .. ........_�.,,,�m.� . Three Phase Transformer on Pad � 151 E3C 10 I Ea above 1500KVA $5,000.00 $50,000.00 _ a . .... � �.m.m .�.� m.m.�. Switch Gear on Pad -(PME I 152 E4 75 Ea Gear) $500.00 $37,500.00 Primary 1 Phase Sectionahzmg 153 ES 15 Ea Pedestal on Sleeve $150.00 $2,250.00 ��.��._...�.�.�.. �.....�._.. Pnmary..3...P ........................................................��_._ hase Sectionalizing 154 E6 20 Ea I Pedestal on Sleeve S250.o0 $5,000.00 155 ..� ��......E�....._� ��..�.�.___—Ea _..... ... ww�� w......_........W.� .................................... Fused Cabinet $400.00 $2,000.00 �� 156 � E8 5 Ea �� Fused Cabinet Sleeve� $500.00 $2,500.00 � �/�%%"O%%'� /� � %i/i/i%�ii i,��/ �'�i Other „�,,,�� ;;;%ii%/,% %��%/1;�„�„ �%i%��, �..�� ....... �� 20 Ft Concrete Pole a... nd Street 157 SL1 300 Ea Light, 976 pounds $350.00 $105,000.00 35 Ft Concrete Pole and Street 158 SL2 25 Ea Lisht 1,750 nounds $400.00 $10,000.00 � 45 Ft Fiberglass Pole and � �� Street 159 SL3 10 Ea Light $500.00 $5,000.00 Streetli ht Poles with en g ither bases 160 SL4 20 Ea or anchor ca�es on streetli�hts $600.00 $12,000.00 ' � � �...�� Service Installahon ��°�'% �,�� %%� � �� "��y�% .mm ... m.... ...��... .... ....� m,m,m m,m �iriiiiii/��1��/ /�%%/////,�/leii/a�, /�„l/i%/,%i Insta112.5" conduit with undergroundsecondary � 161 S1 50,000 Ft conductors and warning tape. $7.00 $350,000.00 '' 162.. S2 ...........50......_.._;....._..._ .....................Second......... Riser $35..............................�m..._ �. E... _. � a 0.00 $17,500.00 ��....,... .._ ��....,��.._�___�....m�l m�.. ��' .................................�eeeee�.__..._ Trip charge for additional trips �� 163 '' 53 30 ' Trip after initial trip $150.00 $4,500.00 � Bore for service installations 164 S4 3,000 Ft (Residential) $20 00 $60,000 00 �.� , m �.. .... i � %/ %%%�i/ �� ii� i %%/!i i �....� ....._�'.... , Hourly � ,��i//'/,f%/�� `�,,,,�, !i,%�///�%i;�/,,,; Three man crew to perform small 165 M1 250 HR projects $185.00 $46,250.00 Two man crew and backhoe to 166 M2 300 HR nerform small proiects $175.00 $52,500.00 ...��....._�_ ........................_�................................................. �..........�.�.�.....�.�....�� ..._ Three man crew and backhoe to 167 M3 500 HR perform medium projects $200.00 $100,000.00 .� ,.. �.._. ......._ ._ .�� . Four man crew and backhoe to 1 M4 500 HR perform large projects $250.00 � $125,000.00 ... 68_,...... �w�.... ,��......... �� ......_.� �,...M .�_....� � nmee°e��m...... Dump truck used on projects where all excavated material is ' 169 MS 300 HR hauled off $65.00 $19,500.00 �w.�......., mm�.. � e�,,,,� mm..., Total Cost of Services (Annual) , $4,837,484.00 I RFP 5567 RFP 5567 EXHiBiT C PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON Bond No. 1000996204 KNOW ALLMEN �BY THESE P.RESENTS: Thttt sarr:�.� �'�� t �� t�,�� "�"°"��I�ose address is 3os Plum xoiiow, Denton, Tx �6ao� hereinafl•er �alled I'cincipal, and U.S. Specialty Insurance company ��° „ A corporation nrganized and existing under the la�vs of the State of. Texas �w and fully autlturized to transact business in the State of 7'exas, as Surety, are held and firmly bound unto the City of Uenton, a municipal corporation orgAnized and exisdng under the laws of the State of 'fexas. hereinafter called O�vner, in the penal sum of �� , � � ,. �� P DOLLARS ($�so, 000.00---��in lawful money of the United States, to be paid in Denton County,l'exas, for the payment of �vhich sum well and truly to be made, we hereby bind ourselves, o�a heirs, executors, administrators, successors, and assigns. jointly and severally, firmly by these presents. This Bond shall automalically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, �vhich reduces the Contract price, decrease the penal sum of this Bond. THC OBLIGA'TIU.N 7'O AAY SAME is conditioned as �"��I��°°��rrs: "'�wa�c°c:ar�� ti�� I'rincipal entered intn a certain Contract, identified by Urdinance Number �t)�� ,�r�t�� the City of Denton, the Owner, dated the 17th day of September �„��, �� °�"�� _�„�� t��H� ��a"� !��1��C7:i�1�[� ��,'"I;�,..��1�" 1��"�"t��.M.�a�"1"1�:� �� "G�.�� ,,.�,,,. NOW, 7'HEREFORE, if the Principal shAll �vell, truly �nd faithfully perfonn and fullill all of the undertakings, covenants, te;rms, conditions �nd agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereoFand any extension thereof �vhich may be granted by the O�vner, with or �+�ithout nocice to the Surety, and during the life of an�� guaranty or �varranty required under this Contract, t�nd shal I also well and truly perform and ful�ll all the undertakings, covenonts, terms, conditions �and Agreements of any and all duly authorized modifications of said Contr�cl chat may liereafter be made, notice of which modifications to the Surety being hereby waived; and, if the I'rincip�l shall repair and/or replace all defects due to faulty mAterials and workmanship that Appear �vithin a period of two (2) years &om the date of final completion and final acceptance of the Work by the O�vner; and, ifthe Principal shall fully indemnify and save harml�ss the O�vner from wll costs and damages �vhich O�vner may suffer by reason of failure to so perform herein and shall fully reimburse and reptty Owner all outlay and expense which the Owner may incur in making gnod any default nr deficiency, then this obligalion shall be void; othen�ise, it shall remain in full force �nd effect. RFP 5567 The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information PROVLDED FURTI-LER, that if any legal nction be filed upon this Bond, exclusive venue shall lie in Denton County. Stute of 1'exas. AND PItOVIDED FURTHER, d�at the said Surely, for value received, hereby stipulotes and agrees that no change� extension of time, alterntion or acidition to the teir�s af the Contrac� or to the Work to be periormed thereun�er, or to the Pl�ns. Specifications, Dra�vings, etc., accompanying the same, shall in anywise afFect its obligAtion on this E3nnd. and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of th�: Contract, or to the Work to be perFormed thereunder, or to the Plans, Specifications, Dra�vings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Gavernment Gode, as amended, and any other applicable statutes of the State of'1'exas. The undersigned and desi�nated agent is hereby d�:signated by the Surety her�in as �he Resident Agent in Denton County to whom any reyuisite notices may be delivered and on �.vhnm service of process may be had in mt�tters arising out of such suretyship, as provided by Article 7.19-1 of the lnsurance Code, Vemon's Annotated Givil Statutes of the Stpte of Texas, 1N WITNESS WHERCOF, this instrument is executed in four ��ap�ies. each one of ��fiich shall be deemed an original, this the 17th day of september. 201 �. ��°`°"� AT'fES'I'; �� BY: "� .. �� :� ATTEST: BY; ,,�,.. ,� ��,�� .�"��,�� Trenae Donovan, �U i tnes.-, I'RINC'll?AL � tion, I�a�� ,. Barco Construc � � �,w� � � d � BY; �' , °,�,' s, �� , � � . P�� ;1�'��"�''� S U ItE'I'Y U . S �;;:�a .�. � B'"� � ialty ,,,Ins �EY�i�-FAC"1' fer Picchi re�rx�:a any The Resident Agent nf the Surety in Denton Counh�, 7'exas for delivery of nntice a�� service �F the process is: NAME: Jennifer Picchi, PCL Contract Bondina AaencY STREET ADDRESS: 2005 Cedarwood Drive, Carrollton, TX 75007 (NOTE: Dar� ojPerjorarance Bond must be date of Com�acl. If Residriit Agen� fs aol a corporado�r, gfve o persoi►'s na�ne.) RFP 5567 �'�� ;'�� y b �d��'�� ,�� p "�` 6 fi EXHIBIT C PAYMENT .BOND STATE OF TEXAS COUNTY OF DENTON Bond No. 1000996204 KNOW ALL MEN BY TH�ESE PRESENTS: That Barco Construction, znc .�� whose address is DentonumTX�76207 ��r�ia��t�r cailed Nrincipal, and u. s. spu��al�� znsurance ��a��r�� "corporwtion organized and existing under the laws of the State of Texas , and fully authorized to transACt business in the State of 7'exas, as Surety, are held and firinly bound unto the C:ity of Denton, a municipal corporation orgAnized and e�isting under the lA�vs of the State of Texas, hereinatter called Ov�mer, and unto all persons, firms, and corporations wno may furnish materials for, or perform labnr upnn, the building or improvements hereinafter referred to, in tlie penal sum of Two Hundred ��ifty Thousand and no/100--------------- 1�OLLARS , w ��so, o00 . oo-�� ,� lawful money ��` t�°�� .��it�� ,'�a��a�� to �c� ��,id in i��+�� "ca�r�r��, Teaas, for the paymenl of which sum well and truly to be made. we hereby bind nurselves, our heirs, executors, administrators, successors, and assigns, jointly� and severally, finnly by these presents. This Bond shal.l automatically be i.ncreased by the amount of any Change Order ar Supplemental Agreement which increases the Contract price, but in no event shall a C;hange Order or Supplemental Agreement whicl� reduces the Contract price decrease the penal sum of this Bnnd. THE OBLIGATION TO PAY SAME is conditioned as fol��rws: Whereas, the 1'rincipal entered into a certain Contract, identified by Ordinance Number 20�� ,, with the Cicy of Denton, the Owner, dACed the l�th day of september A,p,2oi4 ,��. �,� � RFP#55�7 [INnFRrRn11NI) F,�,Fr•rR�r iUC�'�ll 1 ATf(1TJ CFRVICFC � N�W, THEREFORE, if the Principal shall well, truly and faithfully perfom� its duties and mnke prompt payment to all persdns, firms, subcontractors, corporations and cl�imants supplying labor and/or material in the prosecution of the Work provided for in said C:ontract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby e�►pressly waived, then this oblig�tion shAll be void; otherwise it shall remoin in full force and effect. PROVIDED FURTHER, thAt if any legal action be filed on tlais .Bond, exclusive venue sha11 lie in Denton County, Texas. AND AROVIDED FURTHER, thAt the said Surety. For vt�lue received, hereby stipul�ttes and agrees that no change. e,ctension of time, alteration or addition to the terms of the C'nntract. or to the Work to b�: perFormed thereunder, or tu the Plens. Specifications, Urawings, etc., uccompanying t6e same. shall in �nywise afEect its obligation on this Bond, t�nd it does hereby waive notice of flny such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be perFormed ther�under, or to the Plans, Specitications. Drawings, etc. RFP 5567 The Rider Attached Hereto Is Incorporated in this Bond and Contains Important Coverage Information POWER OF ATTORNEY AMERICAN COIYTRACTORS INDEMIYITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of America�ti ��ractors I��rM�S�+ ��rta��m�� l,nnited States ;�roM�r'�t�^ �'tafi��da�tp�ym a M aryland corporation and U.S. Specialty [nsurance Company,�wa��"I"c�s�as corp�.��'�ki�7�a ��t�p�a�4a^��I�� M�+� "Compame�„"� A,°��r tay� t&�� r�'r�sents make, constitute and appoint: � Clem F. Lesch, Eric Lesch, Melissa Lesch, Roger B��y�� t��o t�u��w�� Jc�r�nifer Picchi��M'r�n�a�� a��t�w��u or Lisa Borhaug of Dallas, Texas its true and lawful-Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge ��r��d'��li��c�p° t�ri� a��N �NM�i ��nta��tl�„ �'��,r��Km,a�a�� u��'M+��r�l'�N�i��' or other instruments or contracts of suretyship to include riders, �r��u�r��1W�w��at�w, ��a�c� �t��ad�� ,►� �ur��t�'� pai^+��'�c�i�u�'�N��,� �acr�� penalty does not exceed .� p� _ - ��"� ��r�1��w�+� �� *�1i�„C��CY9��a(b�� This Power of Attorney shall expire wrthout further actione on �December�8,2016. This Power of Attorne is ��..�� y granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be i! Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fac[ to represent and act for and on behalf of [he Company subject to the following provisions: Allorney-in-Fac! may be given full power and authority for and in the name of and on behalf of Lhe Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other condi[ional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and cons[ruction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executcd by any such Attomey-in-Fact shall be binding upon the Company as if signed by the Presiden[ and sealed and cffected by the Corporate Secretary. Be i! Resolved, Ihat [he signature of any authorized officer and seal of the Company here[ofore or hereafter affixed [o any power of attorney or any certificate relating - [herero by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect [o any bond or undertaking [o which i[ is attached. IN WIT'NESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this l Oth day of December, 2012. AMERICAN COIYTRACTORS INDEMNITY COMPANY TEXAS BOIVDING COMPAIYY COrporate SeaIS ANY U S. SPECIALTY INSURANCE COMPANY UNITED STATES SURETY COMP � ��c��`r�� ,� �� b�a,�� ti,� � a'-��Y� vdr q �� "�'r nF,�;�° � � air � �,� a� �� .d'� � ��x��b4� ^� '�� ",��,,� u?�= s eti^ � � ., , . �, m�ak `: w t�r ti a . cn� �conrua.t u �� ' � i 4 � �, �Y' ... . � � . , � .. ...w „�, � serras uss y�� r r�� ,� :+ � � Daniel P. Aguilar, Vice Presi ent � � �� ^�,� ``� � �'r�� ,, � ,,. ,� �� p�'�dlk1��,Y4G�rb'� �& �oe ��"Pry�"k�Gdy,k�ir' �+Ny y� fl..Xl iltrM�. .�.4 � . d,Yh..Nrt��IV �'�„ �BpJF�r3 State of California County of Los Angeles SS: On lOth day of December, 2012, be%re me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), ar the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY-under the laws of the State of California that the Foregoing paragraph is true and correct. WITNESS my hand and official seal„ �� Comnduqn I t91A�tY 4 � NotN Publk - CWNmW �SlgflatUCC '� �� _ ... ��2a�� La� hn0elu Cau�qr _m , . � �b�uu�, �" �r��a �M�a �a;�i�14 � � ,........ I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surery Company and U.S.`Specialty Insurance Company, do hereby certify that the above and'foregoing is a true and correct copy of a Power `of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are �n full force and effect. Ir� `'�G°"��t�� "�4'� �,�r��r�" � 9��v'�� w��a��M��z'� ��^"M� ��t��i �s�� u�"�9�c�� the seals of said Companies at Los Angele.�, Califurn�a this /� day t�1 ... _ � �� _�°�r �"��^ � , �,F �� 4 �,� �A ,„ti � � , y ,�a ,�^°" � COTpOTate 5C8�S ,v ^h&ufi'�'�rd�tm ��'� �.�" �r ��`�''� �d��nSalPt�.,� � � ch �r i a.� '` � � w, �'�'�.... � "'."k�� f �� , xiai� p�,+" ��"- � , i ✓x �N f�W` ...,_.-».....�.�,. ��"� y..' r� M �`� / �� ry � f � rt � � � �� I f � . . � ECPMGOflf999 � �' � ,Y. ,. k l Bond No. � �� , ' ,� ��. � � � er� �,w � ,� , a Jeann�e Lec, ��I'��nw't Secretary �w.� �, � � ,. � � � � � �' AgencyNa� 17081 ��"��ue�w�� f�,,,,�G„��6�� am�� R��,,,,fi4w,.�� `� � � ��w��.��..�. . . hp ��Y 11 �9 �� ... ... ... .. .... � �� ,�i ��r„ � n�"�,�� s ��y �� t� V ��,�� s� ��s�� , � , � , . ��. I�� i�' �� 4��' F �r,��5, J ` �r)� � 1 _ �� r ! � '1 � 1 � � I �. I " I 1 �. � �� r :. . � . � : �_ :�� . �- � . � .. . , , .- • � . - . . � - - � - � �- � •! -� . r , -r .+r • r - a' ♦ • • r � • • Line Description � Unit Price .... � ................._....,�.�.....-- T27 Indoor Termination 750mcm $200.00 . .,. �... �. ,. M6 Large Track Hoe per day $888.00 M7 Large Track Hoe per week $2664.00 M8 Delivery & Pickup of Lar�e Track Hoe $250.00 . . � _._�._:e.... � M9 Aluminum Trench Box per day $348.00 M10 Aluminum Trench Box per week � $1044.00 M11 ' Delivery & Pickup of Aluminum Trench Box $350.00 _ �.�,....w...� .�._..._�._�.� M12 Steel Trench Box 8'Hx16'L per day $250.00 uuu.-. _��...��...�_......� M13 Steel Trench Box 8'Hx16'L per week $750.00 µ..._._...___ _ M14 Delivery & Pickup of Steel 8'Hx16'L Trench Box $350.00 � y��.', 1 � �.. �� +' - - ��. ' �. ��. + �: � �: �: � ��. � ��. . ' • � �.: � . y; � � .., ' � 1 - i . � '... • + �. � �: . ��.��"�. �:,... l'1Q346Y'"5@�jYlf+tS kt�"� ��G� 7.�F4i,#79 6%�hfJk'a o,�A�... Rebecca Hunter, CPPB Senior Buyer I�� R•e �/ r E i . rr . : �—1�cw,;.urSigrsec! by': �Ld.+� �d.��3� c�S1Jk=3�*�did i f r[1.1��•s.. ! : ,- :. •; � � ri G '! �� ` �� I ��}`��}�� a i�t{`�\�� F tt� � Y,,,.�7u' _ � )t ��, - _ - .,. s-.. �"�� G �f�� Y,.�� F , �� , ij�„ �� _ 'tt,,�; �s� �� , � 1 1 '1 t 1 � � li �r. � u � � � c. � u� ' � ' 1 C, � � M �. .. . . �M, * . �- M . 1 Re£ RFP 5567— Underground Electric Installation Services � The City of Denton (COD) has reviewed and accepts the addition of the following new line item to contract 5567 with your firm: ...��.........w.._ Line Description Unit Price �.��.w. w.�...�.�w.� µ.��. V23 Installation of 4'x6' Concrete Pull Box $5000.00 ___ : ��_� V24 Installation of 3'x5' Concrete Pull Box $4000.00 . � � �....... _._.. V25 Installation of Fiber Communications Box $400.00 Al l terms and conditions of the contract shall apply. If your firm is in agreement, please sign and return this letter to my attention. We loak forward to continued business with Barco Construction. � , � —nncasso�ner� iay. � ��'.m __.—e..��,��j..=4�'d-t#F�A.�wk.r-�,e,,, ... Rebecca Hunter, CPP Senior Buyer �fr; e � I; � I � �� R /'��: � ..�I� �; ��a�T,��a �yr ��, �� Ei£�+1��54f'xtt �{i�iF�... . .__._.._....u...e ...�....,....,._ Oran "Butch" Reaves Barco Construction