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2008-083
ORDINANCE NO. 2008-' D~iJ AN ORDINANCE ACCEPTING COMPETITNE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE INSTALLATION OF ROADWAY PAVEMENT MARKINGS FOR THE CITY OF DENTON TRAFFIC DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3995-ANNUAL CONTRACT FOR THE PURCHASE OF ROADWAY PAVEMENT MARKINGS AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, STRIPING TECHNOLOGY LP, IN THE ANNUAL ESTIMATED AMOUNT OF $140,000). 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 therefor; 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 ofthe City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 3995 1-15 Striping Technology LP 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 ofthe 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 , 2008. PER R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ ,~•~C~ L 6~ i ~~~• APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BI 95 ~ ~ BID #3995 Exhibit A DATE: March 20, 2008 Annual Contract for Installation of Roadway Pavement Markings EST. ITEM ANNUAL UOM DESCRIPTION ..QTY. _ Principle Place of Business: VENDOR ' . ,- Striping Technology LP Tyler, TX 1 10,000 LF CENTER LINE THERMOPLASTIC'"' (CONCRETE) $0.35 2 85,000 LF CENTER LINE PAINT"'* $0.12 3 200,000 LF EDGE LINE PAINT $0.12 4 30,000 LF LANE LINE THERMOPLASTIC (CONCRETE) $0.35 5 3,000 LF BARRIER LINE THERMOPLASTIC (CONCRETE) $1.00 6 1,500 LF DOTTED LINE THERMOPLASTIC (CONCRETE) $1.00 7 3,500 LF STOP BAR THERMOPLASTIC $6.00 8 20 EA LEFT ARROW THERMOPLASTIC (CONCRETE) $115.00 9 20 EA RIGHT ARROW THERMOPLASTIC (CONCRETE) $115.00 10 20 EA STRAIGHT ARROW THERMOPLASTIC (CONCRETE) $115.00 11 5 EA STRAIGHT LEFT COMBO ARROW THERMOPLASTIC (CONCRETE) $250.00 12 1,000 EA TYPE II CR -RAISED PAVEMENT MARKERS - RED/WHITE $5.00 13 6,000 EA TYPE II AA -RAISED PAVEMENT MARKERS - YELLOW/YELLOW $5.00 14 7,000 EA RAISED PAVEMENT MARKER REMOVAL i $1.00 15 40,000 LF REMOVAL OF THERMOPLASTIC (4") - (CONCRETE-ASPHALT) $0.40 Installation can be performed in days from receipt of order. 14 'Prices shall be bid F.O.B. Denton ""Measured as a single linear line i CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BID N0.3995 THIS CONTRACT is made and entered into by and between Striping Technology LP a corporation, whose address is PO Box 4279, Tyler TX 75712, 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: I. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for installation of roadwaypavement markings. These products and services shall be provided in accordance with the Specifications for Bid # 3995, 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 # 3995 ;(Exhibit "A" or 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." S:lprch\Contracis Documentsl399~ pavine marl:ing..doc II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within ten (10) days following notice to proceed from City. Or III. TERM OF CONTRACT The initial term of this Contract shall be (for twelve (12) months with an option to renew for two (2) additional twelve (12) month periods. 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 $140,000. 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 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 S:\prch\Contracts Documents\399~ pavins marl:ine..doc 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, ordinances 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 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. S:\prch\Contracts Documents\399> paving marl:ing..doc 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 respondent 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 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 S:\prch\Conuacts Documentsl399~ paving marl:ing..doc 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 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 rnvorce. 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. S:\prch\Convacu Documenul399~ paving marl:ing..doc IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ~. 0 ~ BOX 42'~R ~y IQr,TX ~5`11Z MAILING ADDRESS q03- 59 5- ~a0o PHONE NUMBER 903- 5q 5- ~'a,~5 FAX NUMBER 1~- r~dQ dud d PRINTED NAME CITY OF DENTON, TEXA BY: ~~ ~- CITY MANAGE DEPARTMENTAL APPROVAL APPROVED AS TO LEGAL FORM EDWIN M. SYNDER, CITY ATTORNEY BY: ~ - S:\prch\Contracts Documenu\399~ paving marl:ing..doc Title: ~r~Sl d~+ I 0 ~ne,r EXHIBIT C 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, w/iicli tl:e successful bidder shall I:ave a duty to maintain tltrougltout the course of t/:is 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 frle 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 comfnence any work or deliver any material until lie 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. • 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 S:\prch\Contracts Documents\399~ paving marl:ine..doc EXHIBIT C suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: Tlie City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before tl:e expiration date. • Should any of the required insurance be provided under aclaims-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. S:\prch\Contracis Documents\399~ paving marl:ing..doc EXHIBIT C 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.• [_Y ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 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 Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000 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. S:\prch\Contracts Documents~399~ pavine marl:ine..doc EXHIBIT C [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. S:\prch\Contracu Documenu\3995 paving marl:ing..doc EXHIBIT C [ ] 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. S:\prch\Contracts Documents\399~ pavine marl:ing..doc EXHIBIT C 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 X406.096) -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 S:\prch\Contracts Documents~399~ pavine markine..doc EXHIBIT C 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) anew 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 S:\prch\Contracts Documents~399~ pavine marl:in~..doc EXHIBIT C 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 aself-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. S:\prch\Contracts Documentsl399~ paving marl:ing..doc EXHIBIT D CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ ~ ~~ ~~,~~~ For vendor or other erson doin business with local overnmental entit ~ ~P 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 7u' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationsh'p 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? ~ N 0 o Yes 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 ~ No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 N 0 Y o es D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06/292007 S:\prch\Contracts Documents\399~ paving marl:ing..doc CITY OF DENTON ANNUAL CONTRACT FOR INSTALLATION OF ROADWAY PAVEMENT MARKINGS TEM EST. ANNUAL QTY. .~ ~ - - DESCRIPTION NIT PRICE; TOTAL AMOUNT" 1 10,000 LF CENTER LINE THERMOPLASTIC'"`* (CONCRETE) ~ 3 S ~jpp,°O 2 85,000 LF CENTER LINE PAINT'"' ~ ~" ~ 2~ `" 3 200,000 LF EDGE LINE PAINT .~L Z~I of.~oo 4 30,000 LF LANE LINE THERMOPLASTIC (CONCRETE) ~'SS t 0 Sc0• °~ 5 3,000 LF BARRIER UNE THERMOPLASTIC (CONCRETE) ~, od ~~~ 6 1,500 LF DOTTED LINETHERMOPLASTIC (CONCRETE) ', oo ` Ob-°~ 7 3,500 LF STOP BAR THERMOPLASTIC ~ pp Z' O~ ~„ 8 20 EA LEFT ARROW THERMOPLASTIC (CONCRETE) ~~~j. °O Z. 300 0° 9 20 EA RIGHT ARROW THERMOPLASTIC (CONCRETE) / 15. oo Z ,~~~~ 10 20 EA STRAIGHT ARROW THERMOPLASTIC (CONCRETE) ~ 1 !~, pD Z ~~ov 11 5 EA STRAIGHT LEFT COMBO ARROW THERMOPLASTIC (CONCRETE) ZSo, ~ ~ 2 ~o. °~° 12 1,000 EA TYPE I I CR -RAISED PAVEMENT MARKERS - RED/11VH RE ~ ov 5 ~~~. 13 6,000 EA TYPE II AA -RAISED PAVEMENT MARKERS - YELLOW/YELLOW 5, o0 30 ~~ ~ , 14 7,000 EA RAISED PAVEMENT MARKER REMOVAL (, oo .T ~,o 15 40,000 LF REMOVAL OF THERMOPLASTIC (4'~ - (CONCRETE -ASPHALT) _,'7 ~ /b ~ L1= =LINEAR FT. "*MEASURED AS A SINGLE UNEAR LINE 0,~` ~ I~ ~~. Installation can be performed m 1N days from receipt of order. '`Prices sha0 be bid F.O.B. Denton *~In case of calculation error, unit pricing shall prevail. '"'=Measured as a single linear line. Bidder is an authorized distributor, by the manufacturer, and is authorized to sell to the City of Denton? Date Signature of Author¢e Representative PAGE 1 OF BID #3995 YES NO J~1P~~ L ~CCIJ1w~0"tOC~.I.-~ Company Name Bidder's Initials 'S~ d'R+r' Apr-04-08 08:31A ST LP t ~P~~a MOMwafnoy LP P.0.80X 4279 PHONE 8031595-66D0 TYLER, TX 75712 FAX 903/595-6255 8174771106 A DISADVANTAGED BUSINESS VNp 5677 X01 INDUSTRIAL MANSFIELD, TX 76063 PHONE 817/477-1129 FAX 617/477-1106 P.OI SUBMITTED TO city of Denton DATE 04-04-OS ATE OF PLANS STREET Attn: Curt JOB NAME CITY, STATE AND 21P CODE JOe LOCATION PHONE: FAX: 940-349-1342 940-349-7307 .108 PHONE PROJECT DIRECTOR WE HEREBY SUBMIT SPECIfICrITIONS AND ESTIMATES FOR: ITfM NO. DESCRIPTION UNITS QUA ITIES PRICE 666-1 Pavement Sealer for 4" Single i,ine LF .12 666-2 Pavement Settler for 4" pouble Line LF .LU WH PROPOSE HERESY TO FURNISH MATERUIL, COMPLETE iN ACCORDANCE WITH ABOVE SPECS CUiPMENT AND LABOR TIONS FOR THE SUM PAYMENT TO BE MADE AS FOLLOWS: DOLLARS R,r~r...¢.sa...T rv.o~ ~v.oa .e~.~. n.oa,.• ras. ms ~a s a.sv.s ~i...++u..ea....n...saa.s+.~e.~.++..T~~rw+.uia.«~.~w.~aT ..~.~~a•,~..e~.~.~.d.•..oo.+.o<e.raA..~.Twc.o..,.•.~e•~ ....,.~ ....a..a,..~ «,.. ~,.,.....v.v.~,. a..e..,o.....R.. AUTMOR¢ED SIGNATURE S. Hel uth-Sr Vice President TM6 fRD-OfAL fYT f1E p1i1®AP.MM 1T Yf F MOT ACCE-Tm RfTit•1 OAR ACCEPTANCE OF PROPOSAL °'.'.o't"°'."°°~"„°""°'°"'°"""`"""'°""""'°°."ww."""` Iwarh -• q.R ~~ M YlPM ..wMi M1 ~! WOl Y r111~m ~Y,f. SIGNATURE DATE OF ACCEPTANCE SIGNATURE CITY OP DENTON ANNUAL CONTRACT FOR INSTALLATION O.F ROADWAY PAVEMENT MARKINGS The undersigned agrees this bid becomes the property of ;the C_ ity of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions underwhich the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may 6e incidental to the work, before submitting a bid. The undersigned agrees, if"thisbid is accepted,. to~furnish any:and all :.items/services upon which prices are offered, at the price(s) and upon the terms•~and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will' be~ sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute. this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to'the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this •contract which arise underthe antitrust laws of the Uriited'Stafes, T5 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 seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. . NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE: cJZCt~?~a~ tc-~Ne~,o 4 ~ Signature ~ ~ ` 00 ~~1 PO ~ ~ <t ~? 9 Date 03 - O S- • O 8 ~.~ R . `i E xo-~ `? S?i ~ Name 5~.~ ~, pnn~"N,.~.~,~,- Title 5~2. ~vc~ l~S.i DEa~T Tel. No. a03 _ SR ~ - ce 8 0 o Fax No. Clo3_ ~ q ~ _ t, ASS Email. ~~c~~ ~ ~Y-~P.~t~e-w. COMPANY IS: Business included in a Corporate Income Tax Return? ~ YES NO / Corporation organized & existing under the laws of the. State of T~ xl~s Partnership. consisting of L~m„~o PpCtt,~g~,t,, ,~ L,,,,,oA ~~ ~,~ Individual trading as Principal offices are in the city of PAGE 2 OF BID #3995 Bidder's Initials ACORQ~, CERTIFICATE OF LIABILITY INSURANCE oaizi2 0 ) PRODUCER (g03) 581-0077 FAX (903) 581-6781 Threl kel d & Company Insurance 515 WSW LOO 323 p THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tyler, TX 75701 INSURERS AFFORDING COVERAGE NAIC # INSURED Striping Technology, L. P. INSURER A: New Hampshire Insurance Co RNHIC P.O. BOX 4279 (I~/ INSURER B: Tyler, TX 75712 ~ INSURER C: ~1./ v INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. WSR DD TYPE OF WSU POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERALWtBILm GL 1617175 0/01/2007 10/01/2008 CH OCCURRENCE E 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED E LOO , OO CLAIMS MADE a OCCUR MED EXP (Any one person) E 5 , OO A PERSONAL 8 ADV INJURY E 1 , OOO , OO GENERAL AGGREGATE E 2 , OOO , OO GEN'L AGGREGATE LIMB APPLIES PER: PRODUCTS - COMP/OP AGG E 2 ~ QOO ~ OO POUCY X JECT LOC AUTOMOBILELU181 CA 8262876 0/01/2007 10/01/2008 COMB~NEDSINGLEUMIT X ANY AUTO / (Ea acddent) E 1,000,00 ALL OWNED AUTOS BODILY INJURY A SCHEDULED AUTOS (Per person) E X HIRED AUTOS BODILY INJURY X NON-0WNEDAUTOS (Per accident) E PROPERTY DAMAGE (Per acddent) E GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E ANY AUTO OTHER THAN ~ ACC E AUTO ONLY: AGG E EXCESSNMBRELLA L1AB[LnY EACH OCCURRENCE E OCCUR ~ CLAIMS MADE AGGREGATE E E DEDUCTIBLE E RETENTION E E WORKERS COMPENSATION AND WC 1593 52 10/01/2007 10/01/2008 wC sTATU- H- A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT E 1 , OOO , OO OFFICER/MEMBER EXCLUDED? E.L. DISEASE • EA EMPLOYE E 1 , OOO , OOO If yes, desmbe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT S 1, OOO , OO on(ER DESCRIPTION OF OPERATIONS /LOCATIONS / VEHIC S /EXCLUSIONS ADDED BY ENDORS MENT /SPECIAL PROVISIONS ~ l uded as an additiona 5 ;R ~~«e.+ rexcept as respects all coverage afforded he certificate holder is inc y the` work comp policy) as required by written contract, but only for liability arising out of the perations of the Named Insuredi~iver of subroa tion is granted in favor of the cert holder as equired by writ contract, but on y for liability arising out of the operations of the Named Insured ob # 20-799 Project # Bid # 3995 - Installation of Roadway Pavement Markings` City of Denton Bid X3995`' Attn: Karen Smith 901B Texas Street Denton, TX 76209 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION~DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O `-6AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATNE . L_ ~ ~ l ACORD 25 (2001/08) FAX: (940)349-7302 ©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 contrail 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 (2001108)