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2009-314
FILE REFERENCE FORM 2009-314 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Change Order No. 1 - Ordinance No. 2010-094 04/06/10 ) R Change Order No. 10 - Ordinance No. 2010-307 12/07/10 ) R ORDINANCE NO. O61)9 J/`f AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF FLEET FUEL AND TRUCK WASH FACILITY AT THE CITY OF DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4336-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, THATEN CONSTRUCTION, INC. IN THE AMOUNT OF $2,047,685). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR - AMOUNT 4336 Thaten Construction, Inc. $2,047,685 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the l~- day of ,2009. i MhkK A. BU UGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: \ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY -BY: 8-ORD- 6 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 15 day of December A.D., 2009, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Thaten Construction Inc. 640 S. Stemmons Ste 300 Sanger, TX 76266 of the City of Saner, County of Denton and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 4336- Fleet Fuel and Truck Wash Facility in the amount of $2,047,685 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Terra Solve Environmental Consultants all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor-or-any-employee. of-Contractor-,-and--it--is-expressly_understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any ri ghts, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on- or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during 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 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 this agreement, and to allow the OWNER 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 OWNER unless the audit reveals an overpayment of I% or greater. If an overpayment of I% 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 business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'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. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. TEST: R ,o City of Denton G ah&'l BY: . l (SEAL) ATTEST: Gt,eDA)l5&JrV a1~ CONTRACTOR A 6. boy 01M MAILING ADDRESS qqo. Llj8-5oa5 PHONE NUMBER q~ • asp 1 r. AvXTTTrKnI n T 1111 IN V lvIBER BY: ACS 1 JtA+ TITLE 1-- ilo AA Th~~~►~ APPROVED AS TO FORM: PRINTED NAME (SEAL) 6.tfl A BUESS CI ATTORNEY Am CA-4 BOND NO.09-1 1 71 0-PP PERFORMANCE BOND STATE OF TEXAS § COUNTY OF- DENTON § KNOW ALL MEN BY THESE PRESENTS. That Thaten Construction Inc: ✓ whose address is 640 S. Sternmons Ste 300 Sanger, TX 76266 hereinafter called Principal, and Fn-st-,_Sealcrd 9a-& a corporation organized and existing under the laws of the State of PA , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Two Million Forty Seven Thousand Six Hundred Eighty Five and 0/ DOLLARS ($2,.047,685.OOus ten percent of the stated penal- sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages. arising out of or connected with the below identified Contract, in lawfulmoney of the United States, to .be paid in Denton County, Texas, for the payment of which sum well> and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns,. jointly and severally, firmly by these presents. This Bond shall automatically 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, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the' Principal entered into a certain Contract, identified by Ordinance Number 009-314, with the C:ity of Denton, the Owner, dated the 15th day of December A.D. 2009 ;'for Bid #4336 Fleet Fuel and Truck Wash Facility NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original - term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract;- and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work y the Owner; and, if the Principal shall fully indemnify and save harmless.the Owner from all costs and damages which Owner may suffer by reason of failure to - so perform .herein _and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 1 5 thday of Decembgr 2 0 0 9,✓ ATTEST: PRINCIPAL Thaten Construction,Inc. BY: SE RETARY BY: P SID T ATTEST: SURETY -f - Inn First Sealord Surety,Inc.~.' BY: Humphrey = 6 o° BY: S e A. A F'P n XTUX7 TAT U n Cl T 1 1 i\lVL' 1 -11V-1't~1.1 s>:'P ~'y a' The Resident Agent of the Surety in Denton County, Texas for delivery of notice and servic of the process is: NAME: SIG Insurance Services LLC attn: Bret Tomlinson. STREET ADDRESS: 2925 Country Club Dr.#105,Denton,Texas 76210 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 ~oq S1 BOND No. 0 9 -1 1 71 0 -PP PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Thaten Construction Inc. , .whose address is 640 S. Stemmons Ste 300 Sanger, TX 76266 hereinafter called Principal, and Fimt sealcrd & ety,Ir~c V E. Luqrna,pA a corporation organized and existing under the laws of the State of PA , and fully authorized to transact business in the . State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, .,the penal sum of Two Million Forty. Seven Thousand Six Hundred Eighty Five and 0/100DOLLARS ($2,047,685.0Orin lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This- Bond shall. automatically 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 which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2009-314 with the City of Denton, the Owner, dated 15th day of December A.D. 2009,`'for Bid #4336 Fleet Fuel and Truck Wash Facility. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIE)ED FURTHER, that if any legal action be filed on this Builu, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, -Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 15 trday of December, 2 0 0 9 ATTEST: PRINCIPAL Thaten Construction,Inc. BY: SEC TARY BY: P St NT ATTEST: SURETY First Sea "Od Surety,Inc. BY- IYyv BY. ATTORNEY-IN-FACT Shane A. Humphreyz~ - The Resident Agent of the Surety in Denton County, Texas for delivery of notice and s'-ty ce-cam, - the process is: ✓ = J`%?,, SIG Insurance Services LLC attn: Bret Tomlinson NAME: STREET ADDRESS: 2925 Country Club Dr. #105, Denton, Texas 76210 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 4 gg-=~ zg~ RON 07 r 9E ASW= = f f Ffi S- Seats Surety; -I nc. - Power o TX ~-011 0-09-18241 Power of Attorney KNOW ALL,MEN,BY,THESE PRESENTS That First•Sealord Su"re Inc.; a.cor oration"of the Commonwealth 'of Pennsylvania, (hereinafter the ed`and appointed, and by these?presents does makeconstif Wand appornt. ` Coman . Y );has-made .constrtut _p r , :Che I:L~. Humphrey and/or Shane A. Humphre Iof ProsP er, Texas i Y ; r ry its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: Not To Exceed Five Million Dollars -($5,000,000.00) Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said=Corpion_as fully. ane_same=extent sigma by theduly_ =author iz` cer_the Corpor_=: ands wig corpo~at ~al =all the acts=of=said Attorney_in Fa_ct_ ,want=to=the=authority hereby given; arm by-bfied and confirmed - Thi appointment is ade-pur us ant to-ae folloing'By_Laws which-were y dopted=by=Boar` irectors of the sa ,opoation_n Apn 71 , 2003- _ _ _ with all Amendments thereto and are still in full force_and effect: - _ "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Insurance,policies; bonds; tecognitions, stipulations, consents ;of•surety and underwriting undertakings of the. Corporation;°and.releases Section ,121 agreements;and other writingsrelating, n any way thereto or to-any'claim or loss thereunder,. shall be signed in the name and, oh behalf of the G Corporation., a b the Chairmamp theBoard, the PresidehVor a Vice' President, and by the Secretary or an'Assistant Secretary; or b)' byan Attorney- in-Fact`for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to`make suchmsignature;,or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment.". SIM IM Ef fl -5 000 j~~ 110p= ME IN WITNESS=W EOF;=First Seaford Surety=_Inc._h sed=these-pr_e=to=be duly _-signedits_corp; rate seal ta_be-hereunto affixedr--a_ul atte -ted.this 20th day of ary =2004= = l First Sealord Surety, Inc. 199i SC (Seal) o~'? Attest: By:, 'Gary L. Bra Seca 4 ° r Bragg, Secretary,` Joel D. Cooperman Vice President ? 4 t Commonwealth'of•.Pennsylvania County of Montgomery On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealo d Surety;_Inc the eorporation descnbed_in andwhrch executed the=foregoing_instru_ment th`k_nows_the corporateseal of=the said Coporation; ift~:e=seAfffixed to said=instrurnent=iRuch=corporate sear th it was so affixedby_order of the=Board of=Ditc ors=fsard Corporafion and_that he=s' ed ish name_thereto as Vice President of ias d Corpo aUon ily ke_authonty- COMMONWEALTH=OF 1!=ENNSYLYANU~= fA AnB,ony► T. Mewark Notary Pubile (Seal) -Notary Public Low+erMerbn wp., MlontgomeryCamty My Comrnts w Expl= Aug. 5, 2010 s m .~~.vr aCERTIFICATE Member, Penn$ytvanta Associattan.of Notaries I, the undersi Yied Secrets .y of First,Sealord,Surety,;lnc ~do`thereby certify; h g' ' Attorney. r of which the foregoirig;is a full; true and, py',,'is in full force and} ;effect on the'dafe of this-Certificate and l do urther~certify that the Officer who executed ` P y was. oftthe'Officers.authonzed by the Board of- Directors''t a oint an Attorne" -in=Fact as provided in_ Section 12-1 of the B -Laws of First Sea o d ty, y by by e following provisions of the By-Laws of First Seaford Sure Inc. This Certificate may be signed and sealed b fats mile under and b : authori ty of ' th Y Surety, Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any_certi-fication. of he correetness_of a=copy_oiristrument executed.by_an authenzed=p _pu~nt=t .Article XII, Section 12-1=of>the B` s ~ appointing andtauthorizing_an=Attam- eyro=Fact=to sign_in #he; name=and on°behalf oft Co_r - ration-sorety_bonds, under_wntmg=undertakings or othe instruments_depribed in=said Section vW Iik0e-fffe act aCt s-if=such seaLand=such-gsignatuA had_been manually affixed=and made:" 99 as W~LAWHF age o In Witness Whereof; I have hereunto set my hand and=affixed th ce orporafe seal ofthe Corporation to these presents - this 23rqlayof December ,20 09 the bond This powerof 4 attorney4 is void umber, is inserted in-this paragraph (insert Bondi,# here; 0 9,-117 1 0-PP nu . `s, am~e'`number as on thehorig nal bond,; and the,:bond"number has been`inserted by an officer or- employee,of the Companyot by the agent:, ` mber rs,the O . i 1 i (seal . Ti~ Ga L. Bragg, ecretary v - _ OWES J First=S --C =t ~9NE 0 0~1 zia t301/?0 ?004 'tin OP ID ID C1 DATE (MM/DD,'YYl'Y) ACORDm CERTIFICATE OF LIABILITY INSURANCE P C 2 12/22/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Monroe & Monroe Insurance Agen HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2921 Galleria Dr., Suite 102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arlington TX 76011 Phone:817-640-5035 Fax:817-640-0131 INSURERS AFFORDING COVERAGE NAICT INSURED / INSURERA Mid-Continent Casualty Co. ( 15380 / q INSURER B: The Hartford- ( 00914 Thaten Construction , Inc ` Linda Thaten INSURER c American International Special PO BOX 909 INSURER D: Sanger TX 76266 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T: iE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMN U_L POLICY EFFECTIVE P IRA ION LTR INSR TYPE OF INSU E I POLICY NUMBER DATE (Mf,1fDD1YY) I D=,TE (MMIDD/YY) I LIMITS GENERAL LIABILfrY I EA OCCURRENCE I 1, 000 , 000 Is-100,000 A X COMMERCIAL GENERAL LIABILITY 0 741876 01/01/09 01 / 01 / 10 PREMISES (Ea occurence) CLAIMS MADE 1 " I OCCU MED EXP (Any one person) $ 0 X Pollution Llab PERSONAL &ADV INJURY 3 1 , 000 , 000 GENERAL AGGREGATE 1,,;,4,000,000 GEHL AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG 1$4,000,000 X POLICY PR O-- LOC JECT AUTOMOBILE LIABILITY / JCOBINED SINGLE LIMIT $1,000,000 B X ANY AUTO 46UEQZQ7580 ✓ 01/01/09 01/O1/10 aaccident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) (PROPERTY DAMAGE 4 (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT I $ ANY AUTO I OTHER THAN EA ACC $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 C X OCCUR F-ICLAIMS MADE BE017728404 01/01/09 01/01/10 AGGREGATE 1$1,000,000 Is DEDUCTIBLE I $ X RETENTION $10,000 I$ C 77 U- W h- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY El ANY PROPRIETOR/PARTNEWEXECUTIVE . EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ It yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT I $ OTHER A Leased/Rentd Equip 04IM31513 01/01/09 01/01/10 Itm 100K Loc 200K A Builders Risk 04IM28146 01/01/09 01/01/10 Sngl Loc 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Denton, its officials, employees and volunteers are named as primary Additional Insured on the General Liabili and Auto Liability policy, if required by written "insured contract". 30 days notice of cancellation applies on the GL with 10 days notice of non-payment of premium CERTIFICATE HOLDER CANCELLATION DENTON- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION / DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 j WRITTEN City of Denton ! NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn Risk Management IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 215,E Mc Kinney St Denton TX 76201-4229 REPRESENTATIVES. AUTHORIZED REPRESE A ACORD 25 (2001108) © ACORD CORPORATION 1988 :a IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORDCERTIFICATE OF LIABILITY INSURANCE OP ID Cl DATE(MM/DD/YYYY) THATE-2 12/28/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Monroe & Monroe Insurance Agen HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2921 Galleria: Dr . , Suite 102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arlington TX 76011 .Phone:817-640-5035 Fax:817-640-0131 _INSURERSAFFORD"ING.COVERAGE NAIC# INSURED INSURER A: Mid-Continent Casualty Co. 15380. INSURER B: The Hartford- 00914 Thaten Construction, Inc. ~p Linda :Thaten y~ti-f) INSURER C: American International Special PO BOX 909 L~- INSURER D: Sanger TX 76266 - INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSUR E DATE MM/DD/YY DATE MWDD/YY GENERAL LIABILITY / EAC OCCURRENCE $ 1, 000, 000--o' A X COMMERCIAL GENERAL LIABILITY 0 4 GL7 7 7 8 3 9✓ 01/01/10 O 1/ O 1/ 11 PREMISES Ea occurence) $100,000 -1 CLAIMS MADE U OCCUR MED EXP (Any one person) $ 0 X Pollution Liab PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 4, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s4,000,000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY BINED SINGLE LIMIT $ 1 , 000 , 000 100, B X ANY AUTO 4 6UEQZQ7 5 8 0 01 / 01/10. O 1/ O 1/ 11 Ea accident) ALL OWNED AUTOS BODILY INJURY - . SCHEDULED AUTOS (Per person) HIRED AUTOS " - BODILY-INJURY- $ NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 C X OCCUR F-1 CLAIMS MADE BE 017 7 2 8 4 0 4 01/01/10 01/01/11 AGGRE-QATE $1,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ OTHER A Leased/Rentd Equip 041M366808 01/01/10 01/01/11 Itm 100K Loc. 200K A Builders Risk 04IM28146 01/01/10 01/01/11 Sn 1 Loc 11000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Denton, its officials, employees and volunteers are named as primary Additional Ins red on the General Liabil'ty and Auto Liability policy, if required by written -3_nsured contract r' 30 days notice of cancellation applies on the GL with 10'days notice of non-payment of premium/ CERTIFICATE HOLDER CANCELLATION DENTON- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION / DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Denton / NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn Risk Management IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 215 E Mc Kinney St Denton TX 76201-4229 REPRESENTATIVES. AUTHORIZED REPRESE T ACORD 25 (2001/08) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on-this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may . require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) 12/22/2009 PRODUCER (940) 627-8888 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stephens, Bastian, & Cartwright, LP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2351 S FM 51 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Decatur TX 76234- INSURERS AFFORDING COVERAGE NAIC # INSURED \L INSURER A: Texas Mutual Insurance Thaten Construction, Inc . ; ~lph INSURER B: MJT Concrete, Inc. y~'3 INSURER C: 640 S. Stemaons, Suite 300 INSURER D: Sanger TX 76266- INSURER I- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/OWY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea ocwrrence $ I CLAIMS MADE FIOCCUR MED EXP (Any one person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 7 POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) S ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ I OCCUR FICLAIMS MADE AGGREGATE $ 5 DEDUCTIBLE S RETENTION $ S R A WORKERS COMPENSATION AND TSF 0001181102 06/23/2009 06/23/2010 X TORYWCSTATULIMfT-S O ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S 100,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 100,000 If yes, describe under / SPECIAL PROVISIONS below E-L DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEFUCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is extended waiver of subrogation as required by written contract.✓ Job* 9020 City of Denton/Bid 4336-Fuel and Truck wash Facility, 1100 S. Mayhill Rd., Denton, TX CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton / EXPIRATIOt~BATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 , DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT ATM: Risk Management FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 215 E McKinney Street INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I Denton TX 76201-4229 ~ M j ~ I d" ACORD 25 (2001/08) ACORD CORPORATION 1988 INS025 (=8).OS ELECTRONIC LASER FORMS, INC. - (800)327-0545 Page t of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORD 25 (2001/08) INS025 coiwps Page 2 a 2 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD 'PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • 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: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, fora period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse ' shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. CI_ 10 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 (XU) 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 $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. CI_ 11 [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's- Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on. an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance. Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided., Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City hinds. 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. CI - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, 'transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B, The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: CI - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known; of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: - 1). provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a cPrti_f,_cate 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) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government 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 violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71r, business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an emplo ent or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes F-1 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? Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes F-1 No D. Describe each affiliation or business relationship. 4 C-fo A-, 1~ a 3 0 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 CIQ - I C(DPY S u rC BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Thaten Construction, Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the °Surety," are held and firmly bound unto City of Denton.Texas as obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made; the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Fleet Fueling & Truck Wash Facility- 4336. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 30th day of July, 2009. Thaten Construction, Inc. (Principal) ,J BY: • TITLE: 6i~ SureTec I "U nce Company BY: S .ane A. Humphrey, Attomey-in-Fa D4-Suretec Rev 1.1.06 POA 4221147 :Isran- r e. -OW p-a Lf -n POR.J€~P`A'I` i► of y ~filr 'res ? %n',- SURETEtWSUR -N E '~Q11~iP bmpany"j, a corporation duly-,oWnized and en tudti Ibi 14 . o tie Sea: dudiayirig cipal 1Q-~fe- noarri~s Cituntiy,..'>exasy does by these :presents make; o P;?m'r Shane A. Humphrey, Cheryl L. Humphrey its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute- acknowledge and deliver any and allbonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Three Million Five-Hundred Thousand Dollars-and n61100 ($3,500,000.00) and to bind the Company thereby as fully and to the same extent. as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/10 and is made under and-by authority of the following . resolutions of the Board of Directors of the SureTec Insurance Company: ~Be it RggA 4 that The Xresident, any yjee-Pregjdegi; any_Assistant 9ice-Presiden4; any eezeta c any p~,ssisfaat Secretary atl.be and is her y'v ~fult power sxi< i iori£y to a ipoi if ni►y the tit re=siutabre _pem s as.Atiotu-ey s in-Fae€ co represent d Ut fa and ail. ieha©f'the Cmpanrrtiject fo folto_iigprovisi Pa: - A4 rte -in many ~e ,gixen fiill. w_er>and. authori for.:agd.in:the name; of and.-of- behalf of the'Company, •to execute, .acbio ge. and delYVer ah3r and air Wads, rwopizaiiees cone acts, ageeme=or indemnity?:tonditional or oblwdaw&2nd aziana au aces ?~r-4 -docnmeats :can lin ar _Ipmnating ate Comp 's, liability th dzr. h _ y y . enun_ and .airy suc invents :sa `executed by any such noxne -n -Y `in-& y 11 :t itt g tIie'C pan Z a§ if signed:€ t tl 'Ptesid~nf a se eec mid effe ct I :fie Corporate Secretai 'zed . v€any =top :a I and seal: o f the G as hereto fQm :or i teYetaff g tl eto F erea_fter aMxed to poix►er. dfattonw or anytiy.'aaiiei end Prier'Eifttiiey~ :aleaiiig facsiiineE%gaa~td `aii°iisri~:`e seal s6sTl .b valid ici :1 'iridit%g Sit 1 6- .'t aiga~i ,.'l _f any tapes ;t ttertaYting 16 :whiter is at hed.• at a err h on ?0 of •4pril, 1g Mtn en n i f SUM MC'ZNSURANCI~Cf311 - . PA hiss Ba ird.t~ese Oftom. to signea by its Wident, and Its -corpoMe seal -to be heretoAffmtd-t`his day of -ANAdfier, A.D.:-00a, - SURETE X1+1` : C11+JEPAIY , t - B.J;_ esident ?Mate of Ter-* ss :(l : s 8h:daytol obe tiafoiemepersonany. mn*aj fang,. xviio, --wra b ft-byme. iltilyworn,:did-Rose and say, fttht-rtsides `in=Hoes 3 tom.. t o i~ b4o .o` $090 T : WSU IM CQ11iI OI "s> ed in and which exe that: t , PAY. ~ _ _ cirtaed ,the';attove it~stnument; .................s ffLCfO'FS 4f said .j i c sa+na+a Nc:aaau u.LU~iait mil"t.fJi IUIaLC. 5Cd!It18E it ~tW"tb 1O&&d-d- by:Qr of O M Boatld Of ~ s ~ 1 81$I1Cd liis a # i ltC_e 0-06. MMe ' - "ChQle Dew ; Piutary, ' . -uc W commimon° p res.Ai gplst.27, 2012- I,11'i,. BreatBeafy Assist it Seer ary of L EC IN,S R CI O Pww dv y %at :abo~e:and forego g i:c -true and (1100 t copy da Pori; hLitagney;;executpd- said > h s farce anif e# 'ei and: fur ermore,: the resoh~tions af.t)d Board ofDirectors, set Vitro the Power of XftDMC ► :are 'fiill 6rce ai effect web O tU~Y d andVie: ;0A of Wd Campazy at.H« uston; Texaa-fl is: 3 0.th -iiay of Jul ,20_ 0 A.D. M. Brent : aty, Assts nt Secretar Any_hts#rtment issued In Bides 6f the Oantilty fed above is totally void and wkhout-and/ validity: Far veriflcaticn of :the authority of t#iis:pcwdi you,riiay ca#Q713) 812-0800 any buslness -day betveen8:80 am and 5:00 pro CST. 7 . . 4 . r Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com Bid NO. 43 3-6 Bid F'or Fleet Fueling and Truck Nash Facility BIDS DUE: JULY 14, 2009 -00 PzMa Bid submitted by: Company.Name . II. TABLE OF CONTENTS- PAGE Notice to Bidders Proposal, Bid Summary P-1 = P-7 Contract Agreement CA-1 - CA-4 Performance Bond PB-1 PB-2 Payment Bond' PB-3 - PB-4 Certificate of Insurance CI-1 - CI-7 Invoice Attachment and Instructions IA-1. - IA-2 :Safety Record Questionnaire SQ-1 - SQ-3 'Conflict of Interest Questionnaire CIQ-1 - CIQ-2 :General & Supplementary General Conditions Appendix A (AIA Document A201) Appendix A Special Conditions Appendix A This project shall be constructed by utilizing the. North Central Texas Council of Governments Specifications for Public Works Construction. Any permissible deviation from those standard specifications will be noted in the section of General Provisions, Definition of Bid Items, Special Contract Requirements, Plans and/or these Specifications. NOTICE TO BIDDERS BED NO. 4336 Sealed bid proposals addressed to the City of Denton, Purchasing Department will be received at the office of the Purchasing Agent located at 901-B Texas Street in the Purchasing Department on the second floor of the Service Center Complex until 2:00 p.m. on July 14, 2009 for the purchase of construction services for fleet fueling and truck wash facility in Denton, Texas, as follows per bid instructions and specifications: Bid No. 4336-Fleet Fueling and Truck Wash.Facility A prebid conference for the project will be held on Tuesday, July 7, 2009, at 10:00 a.m. in the Purchasing -Conference Room of the Service Center Complex mentioned above. Bids will be publicly opened and read aloud. Bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Councilas soon thereafter as possible. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within ninety (90) days from and after the date. of the bid opening. Bidder-shall submit one original and one copy of their proposal. Qualified prospective:bidders may obtain copies of the bid invitation with information to bidders, bid proposals, :plans, and specifications at the office of the Purchasing Agent, located at 901-B Texas Street, Denton, Texas, at the Service Center Complex, upon non-refundable deposit in the form of a check, money order or cashier's check in the amount of Fifty Dollars.($50.00)' dollars per set. Cash will not be accepted. Each bid. must be accompanied by a cashier's check, certified check, or acceptable: bid.-bond-payable without recourse to the, City.. of Denton, Texas in an amount not less. than five :percent. (5%) -of the bid :submitted as guarantee that the bidder will enter into a contract and execute a performance bond, a payment bond and insurance certificate within ten (10) days after the notification of the award of the contract to-the bidder. Contractor shall finish proof of insurance prior to bid award in the form of an insurance certificate to the Purchasing Department. The City of Denton, Texas reserves the right to reject any and all bids and- informalities, unless all bids are rejected, and award will be made to the lowest and most responsible bidder. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton projects. CITY OF DENTON, TEXAS Purchasing Department 901-B Texas Street Denton, TX 76209 C/o Tom Shaw, C.P.M. Purchasing Agent Advertisement to run: June 11, 2009 and June 18, 2009. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing. business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the. Local OFFICE USE ONLY Government Code by a ' person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government 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 violates Section 176.006, Local Government'Code. An offense under this section is a Class C .misdemeanor. 1 Name of person doing business with local governmental entity. 2 F] Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) i 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who - makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. fV PAGE CIQ - I OF BID #4336 Amended 0,/132006 ' .1 1 CONFLICT OF INTEREST QUESTIONNAIRE -FORM CIQ For vendor or other person doing business with local governmental. entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. 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 from the filer of the questionnaire? 0 Yes F-1-No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes ]No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes FlNo 'D.. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 4Signa' of person doing business with the governmental entity Date PAGE CIQ - 2 OF BID #4336 In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership. or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice, of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments,- or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (1.0) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date. of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. PAGE SQ - 2 OF BID #4336 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in' this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature Ulip Title PAGE SQ - 3 OF BID #.4336 i . BID No. 4336' PROPOSAL TO. THE CITY OF DENTON, TEXAS FOR TBE CONSTRUCTION OF FLEET FUELING AND TRUCK WASH FACILITY IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined ' the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the .proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all 'the work.and furnish all the materials called., in the contract and specifications in- the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and- are intended principally to serve as a guide in evaluating bids. Ta aL ..a aL .a: s.: C ..1 t.. l.o .a r.r.o ..t iir»t e~rinon nT~ rr]*AT7Q1 ~A 1P ' 1L 15 d 1GGll WdL u1G yuautuvo Vl w01A Lu LI-,, uvu%, aL LLl"L FIIwA uu~a iuuwaiau : w vv furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed ' at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they. may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. PAGE P - 1 OF BID #4336 Accompanying this proposal is a certified of cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid: It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and. file * a performance bond" and. a. payment bond . within fifteen. days :after ;its acceptance, in which case the ' bid security shall become the property of the bwner, and shall be considered as. a. payment for damages due.. to delay and other inconveniences suffered by the Owner on account of -such failure of the bidder. Owner reser'es the right to reject any and.. all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever. nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PAGE P - 2 OF BID #4336 • r BID SUMMARY TOTAL PRICE IN WORDS:. ORL In the event of the award of a contract to the undersigned, the undersigned 1 performance bond and a payment bond for the full amount of the ontra t~ ash a to secure proper compliance with the terms and - provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for ' all lawful claims for labor performed and materials furnished in the fulfillment of the contract. completed It is understood that the work proposed to be done shall be accepted, when fully and finished in accordance with the plans and specifications to the. satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this have checked and are submitted as correct and final. proposal been carefully Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated w' this contract which arise under the antitrust laws of the United Staters, 15 USCA Section 1 ems., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sec{. The undersigned agrees to complete all the work ready for the Owner's acceptance, within ' ID _calendar days after notice to proceed with the work as given by the Owner, fully realizing that the contract will carry liquidated damages provision in the amount of One Hundred Dollars ($100.00) per day. PAGE P - 3, OF BID#4336 PROPOSED ALTERNATE AMOUNTS None Anticipated. PAGE P - 4 OF BID #4336 1 IReceipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated g X09 Received 9 Addendum No. 2 dated Received Addendum No. 3 dated ?6 o Received . Addendum No. 4 dated U- 10 Received Addendum No. 5 dated Received CONTRACTOR BY _ CL. a r-9.)p (P J cam' Street Address 0 City and State Seal & Authorization q qo• 4(5-g ( If a Corporation)" SL Telephone PAGE P - 5 OF BID #4336 VENDOR COMPLIANCE TO STATE LAW The 1.985 Session of the Texas legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This. law provides that, in order to be awarded -a' contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects- for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the . state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order fof your bid to meet specifications. The failure of. out-of state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal- place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: BIDDER: COMPANY BY UtU /t.4 Street Address 0- City and State PAGE P - 6 OF BID #4336 i . THIS FORM MUST BE RETURNED vvrM YOUR BID. CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. 'The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project $ ~p V (resold to. the Owner as defined in Tax Code) All other charges and costs Total $ p~ 3 The total must equal the total amount of the Contract. :CONTRACTOR: COMPANY BY Street Address City and State THIS FORM SHALL BE EXECUTED AT THE TIlAE OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. PAGE P - 7 OF BID #4336 f a4 Y~° ?r ~s O# Purchasing Department 901-B Texas St Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM #1 July 8, 2009 Bid # 4336 Fleet Fueling and Truck Wash Facility BIDS DUE: July 30, 2009 @ 2:00 PIVI Bid submitted by. Company Name Bid 4336 'ADDENDUM # 1 Addendum # 1 to be returned with Bid Proposal The- following are changes to the bid specifications: The bid-opening date has been changed to July 30, 2009 at 2:00 p.m. NO OTHER CHANGES AT THIS TIME, This form shall be signed and returned with your bid Name: N t/l)dA h o4Qd Signature: Company: _ Title: Date: V ~ ~ - _ - . ' Y S Purchasing Depart ment 901-B Texas St. Denton, TX 76209 (940) 349-7100 wwwidentonpurchasing.com ADDENDUM 2 July 16, 2009 Bid./# 4.336 Fleet Fueling and Truck Wash Facility BIDS DJuly 30, 2009 ra-) 2:00 PIV~ v. J Bid submitted by: Company Name l Bid 4336 - ADDENDUM #2 Addendum #2 to be returned with Bid Proposal NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid Name: Signature: Company: Title: Date: T RRA _ SOLVE ENVIRONMENTAL CORSOLTANTS 3216 COMMANDER DRIVE. SutTE 103 CARROLLTON, TEXAS 75006-2518 • .(972) 267-190.0 FAX (972) 267-1902. WWW.TERRA-SOLVE.COM July 16, 2009 -To: Plan Holders of Record ADDENDUM NO.2 CITY OF DENTON BID # 4336 FLEET FUELING AND TRUCK WASH FACILITY TERRA-SOLVE PROJECT NO. 08665 The following items shall be- incorporated into the scope of this-project, and as such, shall constitute a part of the contract documents. Failure to acknowledge receipt of this addendum on the Bid Form may result in disqualification. Plan and Specification Notes: :1) Attached Retainage Invoice Form, Retainage Invoice Form Instructions, -and Consideration of Location of Bidder's Principal Place of Business statement omitted from the General Conditions. - .-2) The Section 11140 Car W_ ash Equipment and Section 11145 Truck Wash Equipment will be - itemized separately from the base bid. Each approved respective manufacturer will furnish all items required in each of the above-mentioned Section. Each, respective manufacturer as noted on the attached bid form will provide a 3 year maintenance contract as outlined in item 3. 3) Full equipment maintenance and service for all wash bay equipment and all support and ancillary equipment and controls that provide a complete operating system from,the point of au iiy connec'aon in the control room to the interface with the third party provided access control to your controller, excluding repair of damage caused by customers/users of the equipment. This bid should provide a chemical cost sheet for all chemicals used in the system.that will be valid for 12 months and the bidder should provide the amount of each chemical that would be used for every 100 wash cycles and provide the assumptions for their standard wash cycle of a 45 foot long garbage truck. 4) Attached revised Bid Form. 5) Revised A-101 site plan attached showing the revised fire lane markings. 6) Revised civil sheet AD-1 showing the revised sanitary sewer location attached. 7) Revised structural plan sheets (see attached Addendum 2 items addressed by the Architect). 8) Rough Grading will be performed by the City. Once completed, the Contractor is responsible for moisture conditioning and compaction of the soils to a minimum depth of 12 inches or deeper as required for foundations and in accordance with recommendations of the Foundation Engineering Study (FES). The FES is included within the specifications. Select fill is available on the landfill property for the contractors use. 9) The City will perform the soil reconditioning under the building pad (3' deep) plus another 2' of select fill over that, per structural specs, sheet S 1.01. Addendum 2:. Denton Fleet Fueling and Truck Wash July 16, 2009 .Page 2 10) Overhead Bulk Fueling Transition Sump Diagram attached. 11) Specifications, Division 15 Specifications for Fuel Systems, change the Gasboy Model Atlas 9100 dispensers to Gasboy Model Atlas 8753 dispensers which are compatible with E85 and biodiesel. 12) Revised landscape sheet L 1.01, attached, is revised to show concrete paving over the underground tanks. Also the Contractor shall pay for the services of a licensed-irrigator to furnish the design and installation of an irrigation system for landscape areas as shown on the attached revised sheet L 1.01. 13) See attached Addendum 2 items addressed by the Architect. Pre-bid Meeting and Follow-up Questions for clarification: 44) Will pipe trenches have-trench liners? No, but all splices should be made inside the transition sumps. Furnish any additional sumps to accomplish this for the' specific piping you propose. All transition sumps are to have leak detection sensors. 15) May deadmenbe used as anti-flotation devices instead of a concrete slab? Yes, but in accordance with the tank manufacturers instructions. The successful bidder will need to include this alternate method in the submittal for approval prior to installation. 16) Will. the 8' diameter tank be changed to a 10" diameter tank to accommodate a simpler liner or will it remain a 8' diameter tank? Assume it will remain 8' for bidding purposes. 17) Is a shored hole acceptable, with sealed engineered design? Yes, as long as OSHA excavation safety is followed per specifications. 18) Please clarify the bulk off-load-pipe size. Will the underground pipe be a 2" or will it be 3" to match the 3" above grade pipe? Under ound pipe will be 3-inch to match the above :ground. See attached transition sump diagram. 19) What size transformer will be installed? The proper size transformer will be furnished and 1 1 T ~ 1 r 1 T1 - - mstalleo -"DDenton Ivtunicipat electric. 20) Are there details on the truck wash electrical panel showing number & size. of breakers? These should be furnished by the truck wash equipment supplier and- included in their submittal documents for approval prior to installation. 2.1) Can you provide the truck wash controls electrical schematics prior to bid date? These should be furnished by the truck wash equipment supplier and included in their submittal documents for approval prior to installation. 22) Do we provide the auto power to generator transfer switch? Yes. the Transfer Switch, power to operate the switch and wiring connections to the Generator are required in this Contract.: . 23) Where are the pressure washers and R/O units located? These should be furnished by the vehicle wash equipment supplier-and included in their submittal documents for.Vproval prior to installation. 24) Where is water softener located? These should be furnished by the vehicle wash equipment supplier and included in their submittal documents for approval prior to installati on. 25) How are the canopy lights controlled? Control Canopy lights with photo cell plus clock timer, with provisions for manual oN"Ierrides. Addendum 2: Denton Fleet Fueling and.Truck Wash July 16, 2009. Page 3 26) Where does the Veeder-Root controller get mounted? Inside the control room. .27) Do the transition sumps get. sump sensors? Yes; also as noted in the specifications, sensors will be furnished by Ward systems for installation by the contractor. . 28) Clarify - do you want the Stage II vapor recovery unit (Permeator) to be. installed at this time or just supplied? I don't think the Permeator is UL approved for E-85 and TCEQ doesn't require Stage II on E-85. Yes, Permeator snit and stage lz lines should be installed and plumbed for possible future conversion to gasoline. They should- be plumed-to allow transition from E85 to gasoline without- breaking concrete. 29) Sheet FS-5, Liner supplier' contact. information: Poly-Flex. Inc., 2000 W. Marshall. Dr., -Grand Prairie, TX 75054: contact 888-765-9359, ext. 7414 - Dhone, Brice Zimmer. -bricez(a )GlY-flexxom 30) Alternate contact for the Fox spill control diversion system supplier: Ted Mentz, Fox Wastewater Diversion Systems, phone 804-730-1280, foxwwdsusa,a,aol.com .Substitutions 1) Underground Tanks, Modem Welding Glasteel II are -approved. -32) See attached Addendum 2 items addressed by the Architect. Respectfull Y7 Tf -ra-Solve, Inc. Perry W. Evans, P.E. I WRIGHT GROUP Architects-Planners, PLLC 1110 South Elm. Street, Carrollton, Texas 75006 -tel. 972.242.1015, fax. 972.446.8013 July 16, 2009 :-.Denton Fleet Fueling City of Denton : Denton, Texas Job Number: A0834 ITEMS for ADDENDUM NUMBER 2 Item No: 1 - Building Roof Panels Roof panels: Berridge Zee-Lock Standing Seam Roof System, mechanically seamed sidelap._Alternate: MBCI Battenlok HS 16" mechanically-seamed. Soffit Panels:. Thin Line Panel System, provide soffit panels in T_ruck'W.ash and Car Wash bays. Alternate: MBCI Artisan L-12 w/ Beads Soffit Panel. There are no wall panels in the Project. -item No: 2 - Roofing Membrane :Provide two layers of 30# asphalt roofing felt over plywood, roof deck under. metal roofing. ;panels. -Item- No: 3 - Gate Obstruction Loop .Saw-cut slots for the gate obstruction loops will be acceptable. "Item No: 4 - Overhead Coiling Door Acceptable alternate manufacturers, providing product model and options offered are equivalent or exceed specified item. Equivalency will be as determined by the Architect. -Mahon Door Corp. Item No: 5 - Metal Canopy Acceptable altemate manufacturers, providing product model and options offered are equivalent or exceed specified item. Equivalency will be as determined by the Architect. -Tyson Building Corp: -Jimco Sales and Manufacturing -Lane Supply, Inc Item No: 6 - Car Wash and Truck Wash Water Supply The car wash system shall include separate water treatment equipment from the truck wash system. The car wash will utilize potable water; the truck wash will utilize non- potable water. Item No: 7 - Car Wash Acceptable alternate manufacturers, providing product model and options offered are equivalent or exceed specified item. Equivalency will be as determined by the Owner. Note that the remainder of Section 11140 applies. -Vector by Belanger, Inc Item No: 8 - Truck Wash Refer to:Section 11145 -Truck Wash Equipment. Revise the -Truck Wash System specification as follows: Smartwash Sprite automated drive thru touchless truckwash system with the following options: 2 step chemical, stainless frame, motor driven spinner package., undercarriage wash, touch screen controls, auto freeze protection, toggle arches, 60' extra guide rails, 300 gpm at 425 psi CR64 pump upgrade, autostart system, remote modem diagnostic system'and- pump skid. Products. made in the USA. -2 ea Model 5231 hot water washers with Auto shutdown timer, Remote control with soap solenoid, down draft diverter -2 ea Swivel: hose reels -2 ea Chemical prespray systems -Water softener -Reverse osmosis system -Air compressor -Air -dry er -300 gallon tank -2--ea 750 gallon tanks =3 ea 500 gallon tanks The remainder of Section 11145 applies. "Item No: 9. - Truck Wash System .Acceptable alternate manufacturers, providing product model and options offered are equivalent or exceed specified item: Equivalency will be as determined by the Owner. Note that the remainder of Section 11145 applies. : - -Vmax by Belanger, Inc Item No: 10 -Structural Revisions Oevro bd Ctrs ~nft.r I Dr uiin~e~ nn .~rr.I~r.r,rJ Th.+ T...-I. \A/...+1 L..... L....a.. .J 1.. a_L % v, 3~d, St, Gal arrii gIs cao cI n,IVOcu. I I IU 1 I U%,rn V V C1 aI 1 UQy IQ jl IUI LUI IGLJ LU I I atUI I the Architectural Drawings. The rear canopy support is revised; note the steel tube columns are encased in concrete with the vacuum pedestals. Item No: 11 - Fueling Canopy Footings Provide concrete footings for canopy columns as follows: 411-0" wide x 21'-0 long x 24" deep footing, top of footing at bottom of 8" .paving. Align footing with raised curb. Reinforce footing with #5 at 12" oc top and bottom, and #3 ties at 14" oc. Provide 24" x 24" blockout in paving and raised curb for column setting, fill blockout with concrete after column setting. Coordinate footing with,fueling, electrical and control -lines. Enclosures: S1.01, S2.01, S3.01, S3.02, S3.03 revised 07-06-09 End of Addendum Items WRIGHT GROUP Architects • Planners PLLC Ron A. Marrs Principal t ' BID SU DAARY Item #1. BASE BID (excluding Section 11140 Car Wash Equipment and Section 11145 Truck Wash Equipment) $ owl 9!/ Item #1. BASE BID PRICE IN WORDS: CAS Item #2:' CAR WASH:.Section 11140 Car Wash Equipment: Option A) PDQ Laser Wash $ Item #2. Option A) in words: Item #3. CAR WASH: Section 11140 Car Wash Equipment: Option B) Belanger Vector $ Item #3. Option B) .in words: Item #4. TRUCK WASH: Secti1145 Truck Wash Equipment: Option A) Whiting $ Item #4.. Option A) in words: uhbli~ Item #5. TRUCK WASH: Section 11145 Truck Wash E - 'Pment• ` v ~ . Option B) Belinger VMax $ Item #5. Option B) in words: n An d , l .119 e . , Item #6. CAR WASH : Equipment Maintenance : PDQ Laser Wash $ Item #6 in words: PI)o Uff-va al'a Item #7. CAR WASH: Equipment Maintenance: Belanger Vector $ Q Ite #7 in words : -4 0 i PAGE P - 3 OF BID #4336 Item #8. TRUCK WASH: Equipment Maintenance:. Whiting Item #8 in words: wtb#yd Item #9. TRUCK WASH: Equipment Maintenance: -Belanger Item #9 in words: In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful .claims for labor performed and materials fiunished in the.. ulfillment of the contract. It..is. understood that the work proposed to be done shall be accepted, -when My completed and finished in accordance with the plans and specifications, - to the. satisfaction of -the. Engineer. The undersigned certifies that-the-bid prices contained in this proposal have been carefully checked and are submitted as correct and, final. Unit and himp sutra prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seg. The undersigned agrees to complete all the work ready for the Owner's acceptance, within ISO calendar days after notice to proceed with the work as given by the Owner, fully realizing that the contract will carry liquidated damages provision in the amount of One Hundred Dollars ($100.00) per day. PAGE P - 4 OF BID #4336 Consideration of Location of Bidder's Principal Place of Business Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality with a population of less than 250,000 that is authorized under this title to purchase real property or personal property that is not affixed to real property. (b) In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by-the municipality from a bidder who is not a resident of the municipality, the municipality may • enter into a contract with: (1) the lowest bidder; or the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. (c) This section does not prohibit a municipality from rejecting all bids. (d) This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section-153. Vendors That Meet or Exceed Air Quality Standards Sec. 271.907. VENDORS THAT MEET OR ExCEED AIR QUALITY STANDARDS. (a) In this section, "governmental agency" has the meaning assigned by Section 271.003. (b) This section applies only to a contract to be performed, wholly or partly, in a nonattainment area or in an affected county, as those terms are defined by Section 386.001, Health and Safety Code. 1.1 A governmental oS encnrnc-.ring 6vv.dr n f-jvr~.••~r rv~vFj u~ yr ~ci viicj ~ i tor: (1) give preference_to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or (2) require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality. d) The preference may be given only if the cost to the governmental agency for the goods or services would not exceed 105 percent of-the cost of the goods or services provided by a vendor who does not meet the standards. City of Denton, Texas : Invoice Attachment 1 Vendor Name: 2 Project Name: 3 Purchase Order Number- .4 Vendor Invoice Number. - 5 Vendor Invoice Date: 6 The following is period estimate number for the period from to 7 Is this the final invoice for this project? Yes No- 8 Original contract amount 8 9 Approved change orders .9 10 Add lines 8 and 9. This is the current contract amount 10 Project.Totals To Date Period Totals 11 Enter the amount of work performed on original contract 11a 11b 12 Enter the amount of work performed on approved change orders. 12a 12b 13 Enter the amount of materials on hand. 13a 13b 14 Add lines 11, 12, and 13. This is the total value of work performed. 14a 14b 15 Multiply line 14 by.05. This is the amount retained (5%). 15a 15b 16 Subtract line 15 from line 14. This is the net amount earned. 16a 16b 17 Enter the amount of all previous payments. 17 18 In 18a, subtract 17 from 16a. In 18b, enter the amount from 16b. This is the balance due with this invoice. The amount in 18a MUST equal the amount in 18b. 18a 18b The undersigned Contractor certifies that all work, including materials on hand, covered by this schedule has been completed or delivered and stored in acordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which previous periodic payments were issued and received from the City of Denton, and that the current payment shown herein is now due. Signed Date Page 1 27 Instnlctions to Invoice Attachment THE INVOICE ATTACHMENT IS NOT A SUBSTITUTE FOR A NOTARIZED APPUCATION FOR PERIODIC PAYMENT. THAT DOCUMENT IS STILL NECESSARY AND SHOULD BE INCLUDED WITH THE INVOICE ALONG wrrH THIS INVOICE ATTACHMENT. Use You are bound under a construction contract with the City of Denton. this Your contract includes a clause for the withholding of retainage. form if You are submitting an invoice for payment to the City of Denton. Unas 1 - 5' Enter the information required for a payment to be processed. It includes a valid purchase order number issued by the City of Denton, as well as your invoice number and date.. Your invoice will not be paid vnthout this information. Line 6 Specify the construction period for which you are seeking payment Include the period number and period dates. Line 7 Check 'Yes' if this is the final invoice for this project The final invoice should include the release of retainage that has been withheld. Line 8 Enter the original contract amount approved by the City of Denton. Line 9 Enter the amount of any approved change orders that increases or decreases the amount of the original contract Una 10 This amount should be the total value of the contract after all changes have bef n applied. Una 11a Enter the amount of work performed on the original contract from inception to date. Show project totals only. Una 11 b Enter the amount of work performed on the original contract in this reporting period ofily. Do not include any prior periods in this calculation. Una 12a Enter the amount of any additional.work performed from inception to date. Show/ project totals only. Line 12b Enter the amount of any additional work performed in this reporting period only. Do not include any prior periods in this calculation. Line 13a Enter the amount of any materials on hand from inception to date. Show project totals only. Line 13b Enter the amount of any materials on hand in this reporting period only: Do not include any prior periods in this calculation. Una 14a -14b These lines identify the value of the work performed for the project from its beginning as well as the value of work performed this period. Una 15a Enter the amount retained based upon the value of work performed on the project to date. Una 15b Enter the amount retained based upon the value of work performed this period. Line 16a This is the amount earned on the project after retainage has been withheld. Line 16b This is the amount earned in the current period. It should.eyual the payment amount you are expecting from the City of Denton. Line 17 Enter the amount of all previous payments you have received on this project Line 18a This is the amount due based upon the project totals to date. It is the cumulative total of all transactions related to this project Line 18b This is the amount due based upon current period totals. It should match the invoice attached to this schedule. Line 18a and One 18b MUST be the same amount It is the reconcilation bebreen period and project totals.. 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L m m Q O o w b 11 y j m S P w p a 3 i L~LLL[ u L m g~ `Q~~ LW a 12 IL lu 10 dl tu 'D -4 q of tu 'm 4 L) 102 Ju Ww r j JJ [a t Q r 1C m m H J U m LL' m n p w W U a $m' Z g _ 3 w _ W p J¢ 'U d o ~ 1L m U U Q J Q ll Q ~r $ w m F F QQ ° m J of O v o a o d s.~ 3 m t loo d j ° J ? i= > F1 W w V w LL 12 - to w - iW IiW W I I - - 0 O J ILI iL iLu t O w o LIZ a to n w W W 'w W t W W W W I I I I _ W I I ~ I I r J I I ~ - I I W I I I I . I I ~ I w w w p g o~ (z~ w • W • Ill W ^ Q~ to p J -9 i W I u b J°~ j(yC~ fti [a J ZZ W woo a op Ia w ~Q •a I Io W lU 1 pa O p Q~ w W o I w I I Q^ m ~oa m I a o o ~j pw~ Z 8 po W W W Q ` - -!AP a¢R Q~ VV O IL p Sim. Purchasing Deparbnent 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM #3 July 28, 2009 Bid # 4336 Fleet Fueling and Truck Wash Facility BIDS DUE: July 30, 2009 @ 2:00 PIVI Bid submitted by:. Company Name TERM • SOLI E ENVIRONMENTAL CONSULTANTS 3216 COMMANDER DRIVE, SurrE 103 CARROLLTON. TExAs 75006.2518 (972) 267-1900 FAx (972) 267-1902 www.-rERRA-SOLVE.COM July 23, 2009 To: Plan Holders of Record ADDENDUM NO.3 CITY OF DENTON BID # 4336 FLEET FUELING AND TRUCK WASH FACILITY TERRA-SOLVE PROJECT NO. 08665 The following items shall be incorporated into the scope of this project, and as such, shall constitute a part of the contract documents. Failure to acknowledge receipt of this addendum on the Bid Form may result in disqualification. 1) A tank hold excavation dewatering system is not to be included in the base bid of this contract. If required, a change order, based on the field conditions encountered, will be negotiated with the winning bidder for dewatering. 2) Special Conditions, page 25, Section 01410 Testing Laboratory Service, 1.01 General, A: Contractor shall employ and pay for services of an Independent Testing Laboratory..." Replace with "The City of Denton shall employ and pay for services of an Independent Testing Laboratory...". 3) Special Conditions, page 47, Section 02219 Excavation and Fill/Base Materials, 2.01 Fill and Stabilizing Materials, A. "The proofrolling.shall be observed by the geotechnical engineer (Ty Clinton, NAT Associates, 940-455-2236)". Replace with "The proofrolling shall be observed by a qualified third pggy geotechnical engineer". 4) Special Conditions, page 49, Section 02219 Excavation and Fill/Base Materials, 3.01 Preparatibn, D. "...fill to be used is approved by [the] Geotechnical Engineer (Ty Clinton, NAT Associates, 940-455-2236)". Replace with "...fill to be used is api ved b;, s - - gualified-thudpartygeotechnical engineer". Respectfully, Terra-Solve, Inc. Perry W. Evans, P.E.