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2009-171
ORDINANCE NO. /II AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR DIRECTIONAL BORING SERVICES FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4266-THREE YEAR CONTRACT FOR DIRECTIONAL BORING AWARDED TO THE LOWEST RESPONSIBLE BIDDER GARDNER TELECOMMUNICATIONS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $350,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 4266 Gardner Telecommunications, Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. Z1~7 MARK A. h dUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. s LUQ,Q J APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD d 4266 Exhibit A Bid # 4266 Date: July 7, 2009 Three Year Contract For Directional Boring Services No. QTY UM ID DESCRIPTION VENDOR Gardner Telecom. Inc. Principle Place of Business: Mesquite, TX SECTION I: DIRECTIONAL BORE 1 4000 FT DBW1 2" Diameter Bore in Dirt with Conduit Line(s) $7.50 installed 2 400 FT DBW2 2' Diameter Bore in Rock with Conduit $10.50 Line(s) installed 3 4000 FT DBW3 4" Diameter Bore in Dirt with Conduit Line(s) $9.50 installed 4 400 FT DBW4 4" Diameter Bore in Rock with Conduit $13.30 Line(s) installed 5 4000 FT DBW5 6" Diameter Bore in Dirt with Conduit Line(s) $9.50 installed 6 400 FT DBW6 6" Diameter Bore in Rock with Conduit $13.30 Line(s) installed 7 4000 FT DBW7 8" Diameter Bore in Dirt with Conduit Line(s) $11.50 installed 8 400 FT DBW8 8" Diameter Bore in Rock with Conduit $16.10 Line(s) installed 9 4000 FT DBW9 10" Diameter Bore in Dirt with Conduit $11.50 Line(s) installed 10 400 FT DBW10 10" Diameter Bore in Rock with Conduit $16.10 Line(s) installed 11 300 FT DBW11 12" Diameter Bore in Dirt with Conduit $15.00 Line(s) installed 12 100 FT DBW12 12" Diameter Bore in Rock with Conduit $21.00 Line(s) installed 13 300 FT DBW13 14" Diameter Bore in Dirt with Conduit $16.00 Line(s) installed 14 100 FT DBW14 14" Diameter Bore in Rock with Conduit $22.40 Lines installed 15 300 FT DBW15 16" Diameter Bore in Dirt with Conduit $20.00 Line(s) installed 16 100 FT DBW16 16" Diameter Bore in Rock with Conduit $28.00 Line(s) installed 17 300 FT DBW17 18" Diameter Bore in Dirt with Conduit $20.00 Line(s) installed 18 100 FT DBW18 18" Diameter Bore in Rock with Conduit $28.00 Line(s) installed 19 300 FT DBW19 20" Diameter Bore in Dirt with Conduit $22.00 Line(s) installed EXHIBIT A No. QTY UM ID DESCRIPTION VENDOR Gardner Telecom. Inc. Principle Place of Business: Mesquite, TX 20 100 FT DBW20 20" Diameter Bore in Rock with Conduit $30.80 Line(s) installed 21 300 FT DBW21 24" Diameter Bore in Dirt with Conduit $22.00 Line(s) installed 22 100 FT DBW22 24" Diameter Bore in Rock with Conduit $30.80 Line(s) installed SECTION II: BORES WITH STEEL CASING AND CONDUIT LINE(S) INSTALLED. Price includes all costs required per specifications excluding steel casing and conduit line costs. Note: Pricing shall be by steel casing size. The contractor shall determine bore size needed. 23 2000 FT DBSC1 Bore in Dirt for 6" diameter steel casing with $14.25 Conduit Line(s) installed in Steel Casing 24 200 FT DBSC2 Bore in Rock for 6" diameter steel casing $15.20 with Conduit Line(s) installed in Steel Casing 25 1000 FT DBSC3 Bore in Dirt for 8" diameter steel casing with $17.25 Conduit Line(s) installed in Steel Casing 26 100 FT DBSC4 Bore in Rock for 8" diameter steel casing $18.40 with Conduit Line(s) installed in Steel Casing 27 2000 FT DBSC5 Bore in Dirt for 10" diameter steel casing $17.25 with Conduit Line(s) installed in Steel Casing 28 200 FT DBSC6 Bore in Rock for 10" diameter steel casing $18.40 with Conduit Line(s) installed in Steel Casing 29 300 FT DBSC7 Bore in Dirt for 12" diameter steel casing $22.50 with Conduit Line(s) installed in Steel Casing 30 100 FT DBSC8 Bore in Rock for 12" diameter steel casing $24.00 with Conduit Line(s) installed in Steel Casing 31 300 FT DBSC9 Bore in Dirt for 14" diameter steel casing $24.00 with Conduit Line(s) installed in Steel Casing 32 100 FT DBSC10 Bore in Rock for 14" diameter steel casing $25.60 with Conduit Line(s) installed in Steel Casing 33 300 FT DBSC11 Bore in Dirt for 16" diameter steel casing $30.00 with Conduit Line(s) installed in Steel Casing 34 100 FT DBSC12 Bore in Rock for 16" diameter steel casing $32.00 with Conduit Line(s) installed in Steel Casing Exhibit A No. QTY UM ID DESCRIPTION VENDOR Gardner Telecom. Inc. Principle Place of Business: Mesquite, TX 35 300 FT DBSC13 Bore in Dirt for 18" diameter steel casing $30.00 with Conduit Line(s) installed in Steel Casing 36 100 FT DBSC14 Bore in Rock for 18" diameter steel casing $32.00 with Conduit Line(s) installed in Steel Casing 37 300 FT DBSC15 Bore in Dirt for 20" diameter steel casing $33.00 with Conduit Line(s) installed in Steel Casing 38 100 FT DBSC16 Bore in Rock for 20" diameter steel casing $35.20 with Conduit Line(s) installed in Steel Casing 39 300 FT DBSC17 Bore in Dirt for 24" diameter steel casing $33.00 with Conduit Line(s) installed in Steel Casing 40 100 FT DBSC18 Bore in Rock for 24" diameter steel casing $35.20 with Conduit Line(s) installed in Steel Casing 41 As SRVP Sending and Receiving $25.00 needed Viewing Pit $ / foot deep/ pit SECTION III: STEEL CASING TO BE SUPPLIED BY CONTRACTOR 41 a 500 FT SC4 4" Diameter steel casing with 0.2500" $11.00 minimum thickness 42 500 FT SC6 6" Diameter steel casing with 0.2500" $11.10 minimum thickness 43 500 FT SC8 8" Diameter steel casing with 0.2500" $12.90 minimum thickness 44 500 FT SC10 10" Diameter steel casing with 0.2500"' $16.20 minimum thickness 45 500 FT SC12 12" Diameter steel casing with 0.2500" $18.00 minimum thickness 46 500 FT SC14 14" Diameter steel casing with 0.3125" $30.60 minimum thickness 47 500 FT SC16 16" Diameter steel casing with 0.3125" $35.70 minimum thickness 48 500 FT SC18 18" Diameter steel casing with 0.3125" $39.36 minimum thickness 49 500 FT SC20 20" Diameter steel casing with 0..3750" $41.94 minimum thickness 50 500 FT SC24 24" Diameter steel casing with 0.4375" $57.60 minimum thickness 51 500 FT SC30 30" Diameter steel casing with 0..5000" NO BID minimum thickness 52 500 FT SC36 36" Diameter steel casing with 0.5625" NO BID minimum thickness EXHIBIT A No. QTY UM ID VENDOR Gardner imiiiiini elecom. Inc. Principle Place of Business: Mesquite, TX SECTION IV: MISCELLANEOUS 53 As EA M1 Mobilization Fee for Bores less than 20 ft. in $500.00 needed length. SECTION V: BORES WITH STEEL CASIN ONLY INSTALLED. Price includes all costs required per specifications excluding steel casing costs. 54 2000 FT DBS1 Bore in Dirt for 4" diameter steel casing $13.25 installed in Steel Casing 55 200 FT DBS2 Bore in Rock for 4" diameter steel casing $14.20 installed in Steel Casing 56 1000 FT DBS3 Bore in Dirt for 6" diameter steel casing $13.25 installed in Steel Casing 57 100 FT DBS4 Bore in Rock for 6" diameter steel casing $14.20 installed in Steel Casing 58 2000 FT DBS5 Bore in Dirt for 8" diameter steel casing $16.25 installed in Steel Casing 59 200 FT DBS6 Bore in Rock for 8" diameter steel casing $17.40 installed in Steel Casing 60 300 FT DBS7 Bore in Dirt for 10" diameter steel casing $16.25 installed in Steel Casing 61 100 FT DBS8 Bore in Rock for 10" diameter steel casing $17.40 installed in Steel Casing 62 300 FT DBS9 Bore in Dirt for 12" diameter steel casing $21.50 installed in Steel Casing 63 100 FT DBS10 Bore in Rock for 12" diameter steel casing $23.00 installed in Steel Casing SECTION VI: DIRECTIONAL BORE ONLY (NO CONDUIT OR STEEL CASING) 64 15000 FT DB3 2" Diameter Bore in Dirt $6.50 65 7500 FT DB4 2" Diameter Bore in Rock $9.50 66 1500 FT DB5 4" Diameter Bore in Dirt $8.50 67 750 FT DB6 4" Diameter Bore in Rock $12.30 68 1500 FT DB7 6" Diameter Bore in Dirt $8.50 69 750 FT DB8 6" Diameter Bore in Rock $12.30 70 1500 FT DB9 8" Diameter Bore in Dirt $10.50 71 750 FT DB10 8" Diameter Bore in Rock $15.10 72 1500 FT DB11 10" Diameter Bore in Dirt $10.50 73 750 FT DB12 10" Diameter Bore in Rock $15.10 74 1500 FT DB13 12" Diameter Bore in Dirt $14.00 75 750 FT DB14 12" Diameter Bore in Rock $20.00 76 1500 FT DB15 14" Diameter Bore in Dirt $15.00 Exhibit A No. QTY UM ID DESCRIPTION Principle Place of Business: VENDOR Gardner Telecom. Inc. Mesquite, TX 77 750 FT DB16 14" Diameter Bore in Rock $21.40 78 1500 FT DB17 16" Diameter Bore in Dirt $19.00 79 750 FT DB18 16" Diameter Bore in Rock $27.00 * Per TxDOT standards In case of calculation error, unit pricing shall prevail. Addendum 1 YES Addendum 2 YES CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BID NO. 4266 THIS CONTRACT is made and entered into by and between Gardner Telecommunications, Inc. a Corporation, whose address is 555 S. Town East Blvd. Mesquite, TX 75149, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for Directional Boring Services for Various Cily Departments. These products and services shall be provided in accordance with the Specifications for Bid # 4266, a copy of which is attached hereto and incorporated herein as Exhibit "A" (or on file in the office of the Purchasing Agent), and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Specifications for Bid # 4266 on file in the office of the Purchasing Agent). (b) Contractor's Bid. (Exhibit "B"); (c) Insurance Requirements. (Exhibit "C"); (d) Form CIQ - Conflict of Interest Questionnaire (Exhibit "D"). These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." SAMaterials Management\PRCH\Contracts Documents\4266 Directional Boring.doc II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within N/A ( ) days following notice to proceed from City. Or III. TERM OF CONTRACT The initial term of this Contract shall be August 4, 2012 OR three years from date of contract execution unless otherwise stated. IV. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Bid Specifications attached hereto and incorporated herein as Exhibit "A"(or on file in the office of the Purchasing Agent). Contractor warrants that the goods and services provided to City under this Agreement shall be free from defects in material and workmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Contractor following city's acceptance of the work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Total compensation under this contract shall not exceed the sum of Unit prices as shown of Exhibit B Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy- thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII. INDEMNIFICATION -and paragraph IX. COMPLIANCE WITH SAMaterials ManagemenAPRMContracts Documents44266 Directional Boring.doc APPLICABLE LAWS set forth herein. VII. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. VIII. INDEMNIFICATION Contractor shall release, defend, indemnify and hold the City, its elected officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Contractor under this Agreement or caused by the negligent act or omission or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out of the subject matter of this Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. IX. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordi.nances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shall indemnify and save harmless City against any claim related to or arising from the violation of any such laws, ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. X. VENUE SAMaterials ManagementXPRCH\Contracts Documents44266 Directional Boring.doc The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. XI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the work will be sublet to anyone objectionable to City. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XIII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date of this Contract. XIV. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit of SAMaterials Management\PRCH\Contracts Documents44266 Directional Boring.doc No Prohibited Interest, attached and incorporated herein as Exhibit "D". XVI. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to. any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XIX. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XX. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XXII. 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 SAMaterials ManagementTRMContracts Documents\4266 Directional Boring.doc 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 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five 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. XXIII. BONDS Payment and Performance Bonds required of CONTRACTOR by this agreement may be renewed on an annual basis. S:Wlaterials Ma nagement\PRCH\Contracts Documents44266 Directional Boring.doc IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CO RACTOR BY: OWNER (SIGNATURE) Name: Steve Gardner Title: President 555 S. Town East Blvd. Mesquite, TX 75149 MAILING ADDRESS 972-329-9933 PHONE NUMBER 972-329-9944 FAX NUMBER Steve Gardner PRINTED NAME CITY OF DE ON, TE S BY: CITY MANAGER DEPARTMENTALAPPROVAL APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY n BY: SAMaterials ManagementTRMContracts Documents\4266 Directional Boring.doc 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. Alam e- 21 ❑ 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 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate) 3 Name of local government officer with whom filer has an employment or business relationship. NA 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? 50 0 Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes © No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? F -)(]N 0 Y es o D. Describe each affiliation or business relationship. 4 IV A Date Signature of person doing business with the governmental entity Adopted 0WMW7 S:Waterials Management\PRCH\Contracts Documentskt266 Directional Boring.doc PERFORMANCE BOND Bond Number: 505762 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Gardner Telecommunications. Inc whose address is 555 S. Town East Blvd. Mesquite, TX 75149 hereinafter called Principal, and International Fidelity Insurance Comoany✓ , a corporation organized and existing under the laws of the State of - - Texas , 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 ONE HUNDRED THOUSAND AND 0/100 DOLLARS -($100,000.00 plus 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 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 2009-171, with the City of Denton, the Owner, dated the 4th day of August A.D. 2009,--a copy of which is hereto attached and made a part hereof, for Bid # 4266-Three Year Contract for Directional Boring Services ✓ 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 one (1) year from the date of final completion and final acceptance of the Work by 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. SAMaterials ManagementTRMContracts Documents14266 Directional Boring.doc 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 4th day of August 2009 ATTEST: PRINCIPAL Ga dner T 1 communications, Inc. BY: SEC TARY BY: kk Z PRESIDENT ATTEST: SURETY , V ew- V International Fidelity Insurance- s, My ~ BY: BY: ATT RNEY-IN-FACT, Brent B1 oni g&n~ The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Grayhawk Insurance and Risk Management Services, Inc. STREET ADDRESS: 1740 M Collins Blvd. Suite 200, Richardson, Tx 75080 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) SAMaterials ManagementtPRCH\Contracts Documents\4266 Directional Boring.doc t01\ PAYMENT BOND Bond number: 505762 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Gardner Telecommunications, Inc. whose address is 555 S. Town East Blvd. Mesquite, TX 75149 hereinafter called Principal, and International Fidelity Insurance Company , a corporation organized and existing under the laws of the State of Texas , 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, in Pe penal sum of ONE HUNDRED THOUSAND AND 0/100 DOLLARS 100 000.0 In 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 2009-171, with the City of Denton, the Owner, dated the 4th day of August A.D. 2009;lfor Bid #4266 - Three Year Contract for Directional Boring Services 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. PROVIDED FURTHER, that if any legal action be filed on this Bond, 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 SAMaterials Management\PRCH\Contracts DocumentsA266 Directional Boring.doc 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 4th day of august , 2009✓. ATTEST: BY: SE ETARY ATTEST: BY: PRINCIPAL Gardner lecommu i ations Enc. BY: PRESIDENT SURETY International Fidelity Insurance BY: ATTORNEY-IN-FA9'f, Brent-,BT rt~g n The Resident Agent of the.Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Grayhawk Insurance and Risk Management Services, Inc. STREET ADDRESS: 1740 N Collins Blvd., Suite 200, Richardson, Tx 75080 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 SAMaterials ManagementTRMContracts Documents\4266 Directional Boring.doc YRfi\ EV Tel -(973) €F~;~ Ems` . Y. 3" . ~f s ~f,-:: \ Y \ ti is r{s w '~'t ~ ~c KNOW ALL MEN BI' THESE PRESENTS -That INTERNATIONAL`FIDELr.ry INSURANCE COMPANY;~a corporation orgamzed and existing Maws of the State of New Jersey andthavmg its pnncipal office m the City of `Newark New Jersey, does he by constitii[e and appoint n r ROB DREILING;, GARY JOHNSON RAUL CAMPA; BRENT BLONIGAN, 3 HANIVON WEHRING, G f" REBECCA HEMPHILL ' w W, Z, ;z R1Chaidson, TX. L • - its true and lawful attorney(s)'.-in-fact to'ezecute,`seal and delivei for and on;its behalf "as.§urety, anyy and:all bonds, and undertakings ';contracts of.indemmty and other writings obhgatory:m the, nature thereof;: which are orinay be allowed;'required y r or;permitted.b law :stature; rule;;egulahon; contract or otherwise;°:and the: execution of such; instrument(s) in'. pursuance of these presents;'-shall be- as;binding.,upon. the`said. INTERNATIONAL FIDELITY`INSURANCE. > COMPANY; as fully and amply,•,to all intents and purposes,, as 'if the same had been duly executed and a cknowledged':.by its-,regularly, elected officers at its :principa] office: This Power of Attorney is executed, and mayy be revoked ppursuant to and'by authority of Article 3-Section 3ofthe By-Laws adopted by the Board of / Directors of INTERNATIONAL FIDELITY INSURANU COMPANY at a meeting called: and held on the'7th day of February, 1974:=- . The President or any Vice President; Executive. Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity andother writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in=fact and revoke the authority'given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a ineeting duly called and held on the Nth day.of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal.of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney.or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the: Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. TY /NP i O~rell= o SEAL . y 1904,.%. o r A a 'w" i F a < A has On this 16th day of October 2007;: before me came the individual,who executed the,preceding instrument;' to me personall known, and being::t sworn,-said the he is the therein, described and authorized officer of the INTERNATIONAL FIDELITY. INSURANCE COMPANY, thatthe;sea said instrument. is the. Corporate: Seal of said_Company; that the said. Corporate Seal and'-his signature.were duly:,affixed.by order of the-Board. of C said Company.', - ;.v AR(~G IN TESTIMONY WHEREOF 1 have hereunto set my hand affixed my Official Seal \ Q \ at the City,of Newark New Jersey the day and year first above written : A < c NOTARY f "PUBLIC 3 r'FRTIFi(?ATt(1N <i of IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary 'Section of the By-Laws of said nd that the same are. correct trai force and eTfecr' me duly ,d to rs of t - !Y Y` Yet w `Y t ♦ V 'Tr S: {i cif 1I'. ;C \ i. i . ? ^ f~ Z - ~ r \ l S `z _ ...j .c.s \f ~ \ / r f'~ ~ -;,s f ]C. : s . 01 T e~~ ~ ~V ♦fi f SAG' f/W✓i I4 /~9 ` f Y t 4 £ ry" rt ` r Assistant Secretary .s r Y 5 r \ ] C IMPORTANT NOTICE To obtain information or make a complaint: You may call International Fidelity Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-333-4167 You may also write to International Fidelity Insurance Company at: Attn: Claims Department One Newark Center, 20`s Floor Newark, NJ 07102 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http:/hvww.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: . This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de International Fidelity Insurance Company's para informacion o para someter una queja al: 1-800-333-4167 Usted tambien puede escribir a International Fidelity Insurance Company: Attn: Claims Department One Newark Center, 20`h Floor Newark, NJ 07102 Puede comunicarse con el Departamento de Seguros de texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso es solo para proposito de informacion y no se conAerte en parte o condicion del documento adjunto. Surety Not Bound to Renew Surety shall not be liable for extensions or renewals of the bonded obligation beyond the initial term of one years unless Surety so states in a rider signed by an officer of Surety. Surety shall not be liable to Principal or Obligee, nor shall funds earned or to be earned on the bonded obligation be offset, for Principal's failure to procure renewal or substitute bonds. The penal sum of the bond is the sum stated in the bond. The penal sum shall not increase or cumulate by reason of renewal or extension of the initial term of the bonded obligation. 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. PAGE 13 OF BID #4266 That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for'claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO PAGE 14 OF BID #4266 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 (XCL) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • . all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the PAGE 15 OF BID #4266 contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. PAGE 16 OF BID #4266 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: (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 PAGE 17 OF BID #4266 showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ' (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. PAGE 18 OF BID #4266 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. PAGE 19 OF BID #4266 Its ANNUAL ITEM QTY. ID DESCRIPTION UNIT TOTAL SECTION I: DIRECTIONAL BOR AMOUNT E Includes all costs per specifi ti n l ca ons EXCEPT City con . duit li es, which ar e supplied by the 1 4000 DBW1 2" Diameter Bore in Dirt with Conduit Line(s) installed " FT so 30, ono. 00 2 400 2 Diameter Bore in Rock with Conduit Line(s) I D8W2 installed FT 1-0.50 4,200.00 3 4000 DEW3 4" Diameter Bore in Dirt with Conduit Line(s) installed " FT 9.50 38,000.00 4 400 4 Diameter Bore in Rock with Conduit Line(s) I DBW4 I installed Fr 13.30 5,320.00 5 .400.0 DBW5 6" Diameter Bore in Dirt with Conduit Line(s) installed " 9.50 FT 38,000.00 6 400 6 Diameter Bore in Rock with Conduit Line(s) DBW6 installed 13.30 FT s, 320.00 7 4000 DBW7 8" Diameter Bore in Dirt with Conduit Line(s) installed 11.50 46,000.00 8 4 8" Diameter Bore in Rock with Conduit Line(s) FT 00 DBW8 installed " 16 . 10 FT 6, 440.00 9 10 Diameter Bore in Dirt with Conduit Line(s) 4000 DBW9 installed " 11. so FT 46, ono. 00 10 4 10 Diameter Bore in Rock with Conduit Line(s) _ 00 DBW10 installed " 16.10 FT 6,400.00 11 300 12 Diameter Bore in Dirt with Conduit L ine(s) DBjW11 installed " 15.00 FT 4,500.00 12 12 Diameter Bore in Rock with Conduit Line(s) 100 DBW12 installed " 21 . oa FT z, loo . 00 13 300 14 Diameter Bore in Dirt with Conduit Line(s) DBpN13 installed " 16.00 FT 4 , 800 . 00 14 100 14 Diameter Bore in Rock with Conduit Line(s) DB!N14 installed " FT 22.40 2,240.00 15 300 16 Diameter Bore in Dirt with Conduit Line(s) DBW15 installed " zo. 00 FT 6, ono. 00 16 100 16 Diameter Bore in Rock with Conduit Line(s) DBW16 installed " 28. 00 FT 2, 800.00 17 300 18 Diameter Bore in Dirt with Conduit Line(s) DBW17 installed FT 20.00 6,000.00 18 100 18 Diameter Bore in Rock with Conduit Line(s) DBW18 installed " FT 28.00 2,e00.00 19 300 20 Diameter Bore in Dirt with Conduit Line(s) DBW19 installed " FT 22.00 6,600.00 20 100 DBW20 20 Diameter Bore in Rock with Conduit Line(s) i nstalled 24" Diameter Bore in Dirt with C FT 30.80 3,080.00 21 300 DBW21 onduit Line(s) installed 2 24" Diameter Bore in Rock with C FT 22.00 6,600.00 2 100, DBW22 onduit Line(s) installed FT 30_80 ,080.00 PAGE 46 OF BID #4266 ITEM QTY. 8 ` . ID DESCRIPTION UNIT TOTAL I S ECTION II' BO R ES' WITH S TEEL UOM PRICE AMOUNT required per spec CASING AND CONDUIT LINE(S) INSTALLED. Price i includes all costs ifications excluding steel casing and conduit li ne costs. Note: Pricing shall be by steel casing size. The contractor shall dete i 23 2000 rm ne bo Bore in Dirt for 6" diameter steel casing with Cond it re size needed. DBSC1 u Line(s) installed in Steel Casing 24 200 Bore in Rock for 6" diameter steel casing with Conduit DBSC2 Line(s) installed in Steel Casi FT 14 .25 28,500.00 25 1000 DBSC3 ng Bore in Dirt for 8" diameter steel casing with Conduit FT 15.20 3,040.00 Line(s) installed in Steel Casing 26 100 i DBSC4 Bore in Rock for diameter steel casing wiih Conduit Line(s) installed in Steel Casin 17.25 FT 17.250 . 00 27 2000 DBSC5 g Bore in Dirt for 10" diameter steel casing avith Conduit Line(s) installed in Steel Casin 18.40 FT 1,840.00 28 200 DBISC6 g Bore in Rock for 10" diameter steel casing w ith C FT 34 ,soo . 00 onduit Line(s) installed in Steel Casi 29 300 DBSC7 ng Bore in Dirt for 12" diameter steal casing with Conduit Li FT 18.40 3,680.00 ne(s) installed in Steel Casing 30 100 DRSC8 Bore in Rock for 12" diameter steel casing with Conduit Line(s) installed in Steel Ca i 22 . s° FT 6, 750. 00 31 300 DBSC9 s ng Bore in Dirt for 14" diameter steel casing with Conduit Li FT 24 .00 2,400.00 ne(s) installed in Steel Casing 24 00 32 100 DBSC10 Bore in Rock for 14" diameter steel casing with Conduit Line(s) installed in Steel C i . FT 7,200.00 33 300 ' DBSC11 as ng Bre in Dirt for 16" diameter steel casing with Conduit Lio FT 25•60 2,560.00 ne(s) installed in Steel Casing 30 o° 34 100 Bore in Rock for 16" diameter steel casing with FT . 91000.00 DBSC12 Conduit Line(s) installed in Steel Casing 32 . 00 35 300 BSC13 Bore in Dirt for 18" diameter steel casing with Conduit Line(s) installed in Steel Casin 3,200.00 F7 6 100 BSC14 g Bore in Rock for 18" diameter steel casing with Conduit Line(s) installed in Steel C i FT 30.00 9 00 32 37 300 as ng Bore in Dirt for 20" diameter steel casing with Cond it '00 3,200.00 FT DBSC15 u Line(s) installed in Steel Casing 33 00 38 100 DBSC16 Bore in Rock for 20" diameter steel casing with Conduit Line(s) installed in Steel C i . 9,900.00 FT 35 39 300 BSC17 as ng Bore in Dirt for 24" diameter steel casing with Conduit Li '20 3,520.00 FT ne(s) installed in Steel Casing 33.00 40 100 ' DBSC18 Bore in Rock for 24" diameter steel casing with Conduit Line(s) installed in St l 9,900.00 FT ee Casing FT 35.20 3,520.00 41 As needed * SRUP Sending and Receiving Viewing Pit Per TxDOT standards ~-=5 00 /foot deep/ it PAGE 47 OF BID #4266 v~~y. BID P'ROROSALF f~ P ESTIMATED z Y ~ORM4_4 r x. ~c~ r' z k : ANNUAL :3;,n•`rr"y w t.s~,~~ s-= ITEM QTY, ID DESCRIPTION SEG fION'lll: `STEEL'CASING TO BE SUPPLIED BY CONTRACTOR UOM TOTAL UNIT PRICE AMOUNT 41a 4" Diameter steel casing with 0.2500" minimum 500 I SC4 thickness 6" Diameter steel casing with 0.2500" minimum FT 42 500 SC6 thickness 00 5, soo. 00 8" Diameter steel casing with 0.2500" minimum FT 43 500 SC8 thickness lI 0 5, 550.00 10" Diameter steel casing with 0.2500minimum FT 44 500 SC10 thickness 12 ~0 6, 450.00 12" Diame ' ' 4.5. • FT Diameter steel casing with 0.2500" minimum 500,:. SC12 thickness 16.20 8,100.00 14" Diameter steel casing with 0.3125" minimum FT 46 500 SC14 thickness 18 00 9, 00o. oo 16" Diameter steel casing with 0.3125" minimum FT 47 500 SC16 thickness 30.60 15,300.00 18" Diameter steel casing with 0.3125" minimum FT 48 500 SC18 thickness 35 ~0 17 850 • po 20" Diameter steel casing with 0.3750" minimum FT 49 500 SC20 thickness 39.36 19,680.00 24" Diameter steel casing with 0.4375" minimum FT 50 500 SC24 Thickness 41 . ge Zp yip _ 00 51 30" Diameter steel casing with 0.5000" minimum FT 500 SC30 thickness 57 • 60 28, 800.00 36" Diameter steel casing with 0.5625" minimum FT S NA 52 500 SC36 thickness FT Note: When pulling multiple pipes, it is easiest to track multiple charges by the bored hole size. T bi diameter of all products being pulled in should be allowed for in order to reduce pull-in drag. ypically 2" over the combned Example: 1 - 14" diameter hole is required to pull in 2 - 6" pipes. 2 x 6" = 12" + 2" extra = 14" For example, if need a 6" bore in dirt with conduit lines installed in steel casing, then assume: Section II, Item 1 Pricing is $10.00 per foot Section III, Item 1 Pricing is $5.00 per foot SECTION IV.- MISCELLANEOUS 53 As needed M1 Mobilization Fee for Bores less than 20 ft. in length EA 500.00 PAGE 48 OF BID #4266 ITEM QTY. ID DESCRIPTION UNIT TOTAL SECTION V: BORES WITH STEEL CASING ONLY INSTALLED. Price includes all costs reUir PRICE AMOUNT specifications excluding steel casing costs. q ed per Note: Pricing shall be by steel casing size. The! contractor shall determine bore size needed. 54 2000 DBS1 Bore in Dirt for 4" diameter steel casing installed 55 FT 13.25 200 DBS2 Bore in Rock for 4" diameter steel casing installed FT 14.20 56 1000 DBS3 Bore in Dirt for 6" diameter steel casing installed FT 13.25 57 100 DBS4 Bore:- Rock for 6" diameter steel casing installed FT 14.20 58 2000 DBS5 Bore in Dirt for 8" diameter steel casing installed 59 FT 16.25 200 DBS6 Bore in Rock for 8" diameter steel casing installed FT 17.40 60 300 DBS7 Bore in Dirt for 10" diameter steel casing installed FT 16.25 61 100 DBS8 Bore in Rock for 10" diameter steel casing installed 62 FT 17.40 300 DBS9 Bore in Dirt for 12" diameter steel casing installed FT 21.50 63 100 DBS10 Bore in Rock for 12" diameter steel casing installed FT 23.00 26,500.00 2,840.00 13,250.00 1,420.00 32,500.00 3,480.00 4,875.00 1,740.00 6,450.00 2,300.00 PAGE 49 OF BID #4266 ANNUAL to tf'. 'c - z ITEM QTY. ID DESCRIPTION UNIT TOTAL SECTION VI: DIREC TIONAL BORE ONLY (NO CONDUIT O UOM PRICE AMOUNT R STEEL CASING) NOTE: BORE PITS WILL BE D U G BY THE CITY. 64 15,000 DB3 2" Diameter Bore in Dirt 65 7,500 DB4 " FT 6.so 9~,soa.oo 2 Diameter Bore in Rock 66 1500 DB5 4" Diameter Bore in Dirt FT 9. so ~1,2so.oo 67 750 D86 4" Diameter Bore in Rock FT g.so 12,~so.oo 68 1500 DB7 6" Diameter Bore in Dirt FT lz.3o s,zzs.oo 69 750 D88 6" Diameter Bore in Rock FT a.so 12,~so.oa 70 1500 DB9 8" Diameter Bore in Dirt FT 12.30 9,22500 . 71 750 DB10 8" Diameter Bore in Rock FT 1o.so ls,~so.oo 72 1500 DB11 10" Diameter Bore in Dirt FT 1s.lo 11,32s.oo 73 750 D812 10" Diameter Bore in Rock FT lo.so ls,~sa.oo 74 1500 D813 12" Diameter Bore in Dirt FT 15,:L0 11,3zs.oo 75 750 D814 12" Diameter Bore in Rock FT 14.00 21,000.00 76 1500 D815 14" Diameter Bore in Dirt FT 20.00 1s,ooo.oo 77 750 D816 14" Diameter Bore in Rock FT 1.5.00 zz,soo.oo 78 1500 DB17 16" Diameter Bore in Dirt FT zl.ao 16,oso.oo 79 750 `P DB18 16" Diameter Bore in R k FT 19.0o za,5oo.00 er TxDOTstandards oc In case of calculation er FT z~.o0 z o,zsoo0 . ror, unit pricing shall prevail. RETURN ONE (1) COMPLETE OR IGINAL AND ONE (1) COPY OF E XECUTED BID PROPOSAL 7/3/09 Date Gardner TelecOmmunications, Inc. Signature of Authorized Representative PAGE 50 OF BID #4266 Company Name The undersigned agrees this bid becomes the p opening roperty of the City of Denton after the official The undersigned affirms he has familiarized himself with the local work is to be performed; satisfied himself of the conditions of delivery, equipment and all other matters that may be incidental t conditions under which the to the work, before submitting a bilge of The undersigned agrees, if this bid is accepted, to furnish an which prices are offered, at the price(s) and upon the terms and Specifications. The period for acceptance of this Bid Proposal any will be and all sixty (60) items/services upon unless a different period is noted by the bidder. conditions contained in the calendar days The undersigned affirms that they are duly authorized to execute not been prepared in collusion with any other Bidder, nor any employee and that the contents of this bid have not been communicated to this any other contract, that bidder this or bid has of the City of Denton, employee of the City of Denton prior to the official opening ofthis to any Vendor hereby assigns to purchaser any and all claims or overbid. contract which arise under the antitrust laws of the United States, 15 USCA and which arise under the antitrust laws of the State charges associated with this Section 15.01, et sew of Texas, Tex. Bus. &t~On 1 e Com. Code, The undersigned affirms that they have read and do understand the specifications attachments contained in this bid package. and any NAME ANp ADDRESS OF COMPANY: Gardner Telecommunications, AU IZ REPRESENTATIVE: Inc - Signature 555 S. Town East Blvd. Date 7/3/09 Mesquite, TX 75149 Name Steve Gardner (972) 329-9-933 Title °resident Tel. No. Fax No. (972) 329-9944 Email. steve•gardnerpgardner100.com COMPANY IS: Business included in a Corporate Income Tax Return? x xx - Corporation organized & existing under the laws of the State oES --NO --Partnership consisting of Texas -Individual trading as xPrincipal offices are in the city of Mesquite PAGE. 51 OF BID #4266