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2007-285ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE LANDFILL GAS EXTRACTION WELLS, GAS COLLECTION SYSTEM, AND INSTALLATION OF GAS FLARES AT THE CITY OF DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3692-CITY OF DENTON LANDFILL GAS COLLECTION SYSTEM AWARDED TO SHAW ENVIRONMENTAL AND INFRASTRUCTURE, INC. IN THE AMOUNT OF $1,265,514). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3692 Shaw Environmental and Infrastructure, Inc. $1,265,514 SECTION 2. City Council finds the bid submitted by Tri Con Works, L.P. did not meet specifications and is therefore rejected. SECTION 3. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 4. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the IM day of 2007. 9 e~w' ra PER R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Qti KJ Q~ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY a-oa CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this I I day of December A.D., 2007, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Shaw Environmental and Infrastructure, Inc. 4171 Essen Lane Baton Rouge Louisiana 70809 of the City of Baton Rouge, Parish of East Baton Rouge and State of Louisiana, hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3692-City of Denton Landfill Gas System Construction in the amount of $1,265,514 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cosi and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds; attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. 11G.._~i0l.Uy t_ c_-- Tl.c r ONTTD A D 1. Llil. \.iv u\. L\.i Vl\ agrees to con1111c11Lic Woi& or, of al LOl L11C UaLU C6LUU31511cU IUl the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 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. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: a t &AA0(- City of Denton OWNER BY: (SEAL) E~la u)fihil'run mom.,+a I d 7 n~ra s~ to7nc I- SSe n 1,0. r~ Y-11 t ,Bg+04 ~ o w ~VA- -76 f6 MAILING ADDRESS aas_ IF S- 1133 PHONE NUMBER gas - `l 2-- 3-S-14 FAX NUMBER BY: TITLE 1 ~~eT~ C ft`Gt r t-~ V1 APPROVED AS TO FORM: PRINTED NAME (SEAL) C;ffY ATTORNEY CA-4 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Shaw Environmental and Infrastructure, Inc. whose address is 4171 Essen Lane Baton Rouge, Louisiana 70809 hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , 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 Million Two Hundred Sixty Five Thousand Five Hundred Fourteen Dollars and 0/100 DOLLARS ($5 514) 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 2007-285, with the City of Denton, the Owner, dated the 11 day of December A.D. 2007, a copy of which is hereto attached and made a part hereof, for Bid 3692-City of Denton Landfill Gas System Construction. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work 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. PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of ATTEST: PRINCIPAL BY: SECRETARY ATTEST: BY: BY: PRESIDENT SURETY BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Shaw Environmental and Infrastructure Inc., whose address is 4171 Essen Lane Baton Rouge Louisiana 70809, hereinafter called Principal, and , a corporation organized and existing under the laws of the State of 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 the penal sum of One Million Two Hundred Sixty Five Thousand Five Hundred Fourteen and 0/100 DOLLARS ($1,265,514) 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 2007-285, with the City of Denton, the Owner, dated the 11 day of December A.D. 2007 , a copy of which is hereto attached and made a part hereof, for Bid 3692 City of Denton Landfill Gas System Construction. 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 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 4 copies, each one of which shall be deemed an original, this the day of ATTEST: PRINCIPAL BY: SECRETARY ATTEST: BY: BY: PRESIDENT SURETY BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis: NAME: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-4 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. 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. All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED 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 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 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. ATTACHMENT1 [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 fiunishes 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 showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY erson doing business with the governmental entity. a de b t C p y o Governmen By law this questionnaire must be fled with the records administrator of the local Date Received government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing, business with local governmental entity. s}fAw ENVIaWAkF0 4- V~ tNF21SYnVCTME, INC. - 5T"f MJK7W 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 September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally fled questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. NOT ?WCIcAiscF- a Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. NOr ArPP- t CASi,i- g endae 0111T20o6 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the Answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each affiliation or business relationship. - (SEGTtrml Nor APPcfCASC-gO B Describe any other affiliation or business relationship that might cause a conflict of interest. Nor APPcicAth-E ti, 12 /zd/C)7- Signature of person doing business with the governmental entity Date OCT.2512007 10:59 940 349 7302 CITY OF DENTON PURCHASING Purchasing Department 901-B Texas St Denton, TX 76209 (940) 349-7100 www.dantonpurchasing.com ADDENDUM # 1 BID # 3692 CITY OF DENTON LANDFILL GAS SYSTEM CONS #6919 P.001/006 TRUCTION BIDS DUE: OCTOBER 30, 2007 @ 2:00 PM Bid submitted by: Shaw Environmental & Infrastructure, Inc. Company Name 10/25/2007 12:56PM OCT.2512007 10:58 940 349 7302 CITY OF DENTON PURCHASING #6619 P.002/006 BID# 3692 - ADDENDUM # 1 Addendum # 1 to be returned with Bid Proposal The following are changes to the bid specifications: 1. Pages P-3. P-4 and P-5 replace the bid tabulation sheet in the original document. 2. Drawing #3 is added for clarification. 3. Construction time is extended to read 180 days from notice to proceed. 4. One road crossing for the 18" header near sump (S-4) where the header crosses the road near the blower/flare pad has been added. NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: Stephen R. Martin Signature: Company Shaw En ronmental & Infrastructure, Inc. Division Vice President Dale: 10/26/2007 10/25/2007 12:56PM OCT.2512007 10:59 940 349 7302 CITY OF DENTON PURCHASING 46819 P.006/006 rmnwbee.mwx.•+.ie.,mnnirnemnw~<.e.,wdarmerNaesa Y ! I Ii Ii ~ ~1- 14 1111 ~ ~ I I bbb I'F ~ m ~ 1 ~ ~ r \ ~ySI~B~t'~• ^~k ,rt°r=`{~. r"r r~.`~u .,.w_y;, `.~t~e + I• ~'~s~. If } : ~ Ig n" a i~ _ .i.y. " A I i I '~r. ~ ~ ` ~•~~e J 1._,,t `f~.~;. I ~ ~ II I 1 IF ly . 11 d ~ r 4ljlil' I ~G~ ~ i I~ , { ,~J ~1! til.. 1,• JI I. III ~ ~ his k I!I. I lx u~ a 1 III Y' ~ o ~I w gl ~ ~ 'e A f14~.,h.=~ III II r\;r`lTY~ F~JI Ili sr 4 rytyw 1• f ~^'r n~kl, I' ~ ~ I ~ q.~~I tF ~ ~ .dY `~~{'.l } ;~~Ilfi S'IIS~ + Jf ~!!"71l/~/;(~~~~ HII I~ t~ll,'+~I •'k 5• j j/RI'4 r d7H r~~ Yll Fa~jU { n Ih v+lr " t~ 4r u°+IiN i'r, II 3 . fir. .,I iii tiy;~,`.,1' ..,'•"`~s~.~.. x ~"jr,! t ~ I, Y \1 ~ "i"4Y i I ! i n IJ~ J! y ~I A I~ r la ~ f ~ r ((1i\` ~ t ~a1 1 ti1~Il o ° f~(1~.,lt I>)'' Y'+`','~1' V ~j{Illl( i'i`11'41t s; "~l.Y•~j;~ 1.r~ ,f_.,•• ;r , av-'*~,`'`!I"'•~ i` °k.~. r,k i~~ SA f/l ~laF~bl.,~. 11 f I,~ Y ,`1 a ;~ti 1 / I "r. •i z .r U jj tli+ Y ri✓~ r I r I,.IV A.. ! i! jl l ~..Cr :ti:~;.~ ; ~,;~IyI9 ~ L ; ~ ° ~-t ~/fir,%~~;~~nn,~, I, ~ ; . \ 1.. JI i Tt ' It +~s1 µ5w L ~~p/'!e ~p17•/•11r1' Y.IR~,,`14n+`'} 4 j t ° F.~ j•`?~rl f'n\ 1 _K'q'gFl~gt1 '(~'~t~(.?G(„~ III@PI+~-,.,LA Yy.• l L`~ lirl '~C' ' \e"Y+i b 1!NMily FG:II{ ~I k i" rr -x.72 ~~.rt•-~h.~ r A :S Eli } SEA` p h b R ~ ~ $ F £8 ~ a p ~ iy 9C$ENQINEERS ~ oa0~09EV M3c9Ll2C~Ox ..n m eD y'~~' cm an ssvmM Urrotlu ammo wt'ovrt q 9 Oarox.TIXl,9 I,gNOPILL00.8 $t9~EY `!i CON9rnyy,ION 10/25/2007 12:56PM Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentoopurchasing.com Bid # 3692 Bid For: City of Denton Landfill Landfill Gas System Construction . Prepared By: SCS ENGINEERS 1901 Central Drive, Suite 550 Bedford, Texas 76021 BIDS DUE: October 30, 2007 at 2:00 P.M. Bid submitted by: Shaw Environmental & Infrastructure, Inc. Company Name TABLE OF CONTENTS PAGE Notice to Bidders Special Instructions to Bidders SI-1 Proposal, Bid Summary, Technical Specifications P-1 P-10 Contract Agreement CA-1 CA-3 Performance Bond PB-I PB-2 Payment Bond PB-3 PB-4 Certificate of Insurance CI-1 CI-7 Invoice Attachment and Instructions IA-I IA-2 Safety Record Questionnaire SQ-1 SQ-3 Conflict of Interest Questionnaire CIQ-1 - CIQ-2 Construction Plans Appendix A This project shall be constructed by utilizing the North Central Texas Council of Governments Specifications for Public Works Construction. Any permissible deviation from those standard specifications will be noted in the section of General Provisions, Definition of Bid Items, Special Contract Requirements, Plans and/or these Specifications. NOTICE TO BIDDERS BID NO. 3692 Sealed bid proposals addressed to the City of Denton, Purchasing Department will be received at the office of the Purchasing Agent located at 901-B Texas Street in the Purchasing Department on the second floor of the Service Center Complex until 2:00 p.m. on Tuesday, October 30, 2007 for the purchase of construction services for City of Denton Landfill in Denton, Texas, as follows per bid instructions and specifications: Bid No. 3692- City of Denton Landfill, Landfill Gas System Construction A mandatory pre-bid conference for the project will be held on October 18, 2007, at 2:00 p.m. at the City of Denton Landfill, in the Administrative Building meeting room, located at 1100 S. Mayhill Road, Denton, TX 76208. Bids will be publicly opened and read aloud. Bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible. All bidders should submit one original and one copy of the proposal pages. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within sixty (60) days from and after the date of the bid opening. Qualified prospective bidders may obtain copies of the bid invitation with information to bidders, bid proposals, plans, and specifications at the office of the Purchasing Agent, located at 901-B Texas Street, Denton, Texas, at the Service Center Complex, upon non-refundable deposit in the form of a check, money order or cashiers check in the amount of one hundred ($100.001 dollars per set. Cash will not be accepted. Each bid must be accompanied by a cashier's check, certified cheeky or acceptable bid bond payable without recourse to the City of Denton, Texas in an amount not less than five percent (5%) of the bid submitted as guarantee that the bidder will enter into a contract and execute a performance bond, a payment bond and insurance certificate within ten (10) days after the notification of the award of the contract to the bidder. No officer or employee of the City of Denton shall have a financial interest, direct or indirect, in any contract with the City of Denton. The City of Denton, Texas reserves die right to reject any and all bids and informalities, unless all bids are rcjectcd, and award will be made to die lowest and most responsible bidder. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton projects. CITY OF DENTON, TEXAS Put chasing Department 901-B Texas Street Denton, TX 76209 C/o Tom Shaw, C.P.M. Purchasing Agent (940) 349-7100 Advertisement to run October 4, 2007 and October 11, 2007 BID No. 3692 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF City of Denton Landfill, Landfill Gas System IN DENTON,TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantifies of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within 90 calendar days, as shown on the bid tabulation sheet, defined as the time period between Notice to Proceed and System Start-up (See Section 01650 of Technical Specifications). Following, system- PAGE P - I OF BID #3692 start-up the Contractor shall demonstrate that the system operates in the manner intended for ten (10) consecutive days prior to acceptance of Work. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PAGE P - 2 OF BID #3692 Wd9S:ZL ZOOZ/SZ/OL ~ m ON M ~?zz Qro o. d W u G w u 0 i H q ye V E C4 L.' a q d A w 0 U F z O L a L0 ~ O O p ° ~ ~(1 ° N Ifl ~ rl T ° y. N m m m d' ~y m h a .p ~y m rl ° N N N fig V9 ~ 69 69 U1 6A 49 ~ ` ~ r w aaa a a a ~a a V L o 0 00 00 o o 0 N r-. o o o m o o m 0 m 0 o 0 ~n a o o .o .n r ~ ° 1p ~n r+ o w m .a b9 Vi df 6A Vl (A fA vY a s ~ ~ w w a a ~ .~a ~n 00 4 a en N o P en o N O 7 N N Q 4 y 0 92 ^w ~ w 7 yu'• G ~ P b C. C _ d s w ~ e b a" m y e b 15 4 y •u ~ C 3 q ° Y " ~ a p U y ~ C7 e w c . . ~ n a a ' ' o ° G ; ? d Q e 3 y A A ~r v m F 9 w 9 r•O r i u " C t~ c`j 0 i A C Pqr 'L y ` a c o ; a a K a o: x w KC a A O F ~ O y C . „ . ~ C . 6 . 1 C . •y o C i C N y .C C Q C •C C d C w .a e4 M d $An b r GO 0` r.i w Q a m 4 h A N di (O to n m LL 0 cr) a w a 900/EOO'd 6T89# 9NISHHOHRd NOSNa❑ 20 dIIO ZO£L 66E 046 8S°OT LOOZ.SVIOO Wd99:ZL LOOZ/5Z/OL N Q Q (n M z z A 9 d F L_ o z u F O U ~ y Q ~ p W .d R ~l b r q d 0 U d z 'e L 0. ° 0 0 r ~ ~ a o o N m o m m ~ m r N N ti m N o N 6R 6R ~ w w w w ~ w a ~ ° ° o Q ° o ° o ° p r Y o O o p o p O ° ~ ° ~ O C N p ~ p O p O ~ m N r ~ F/ N N 0 N N ~ m N IA 6R FR 69 69 69 6A 60 Ni w w w w w C a w a w a o F m 44 d ro GO 3 9 O E O O q i 7 , O W u cg a ~ ~ ^a a W H m d a 9 D L 0 O O P. v 92 ~i O u W u ~ t i x c ~ a q Q y b y b T .p y ~O ri b ~O 'O m 'O .ti C 'C ^ h 99 H L L h ~ L 1~ 1 ~ y G 07 O cc a 3 3 d 3 a 9z ? ' ~ • ~ A C G V1 O ~ F C q • C C o C S L :li ] " 0 O (y u P ~ J GL r , c C' w F - g s w O q Q o y C O G m A C O C U C . 4 F 0 C 0 H 7 W F~ MC I D F ~ F~ w• ~ F7 ~ P 0 0 1 ( p N M ^ tiD n r. 00 Gi ti - n N rn m 0 v a U1 Q a 900/600'd 6T89# ONISHHOEnd NOIN9Q 3O )UIO ZO£L 66£ 046 84:OT LOOZ,SZ'Z00 Wd9S:ZL LOOZ/SZLOL rq Cn (•l pzz 4 cd Vd W v C O w 0 C U Y •Jf w v G W a C:. G a L'. O C. ca O U z O L Q•1 Cx7 z F Q .a Qa F A p p o p p p p p p p p p p p ~ p p o p p p ~ ~ Q O O O O N y~ p V1 ~p - m y, o m U N N m b m C ui N vi N io N C ~ N m rvi N N N U O z ff w ~ ~ a a o N O E.K .L p p [q W p r „ ~ P'l o 0 0 0 0 v O O p O p N y u u C~ 17 m m m a Z 7 p N N ~ m ~ O o U N M ro v ffl b4 fR ~ ~ ~ w v a m w R N n ..r a T 'd ro CL W M M ~ q L ti a W ~ 49 a Q ` o j y i O ~ c o c 3 q A QQ ~ W u H o V W 'C .o S ' 99 -0 t ' b [L b ~ d O 9 O R O O 3 O ~ c O ~ o O ~ U u n i ' ✓ • ✓ p X a W 0. ti .ter Q c N + c C y A r "i O ~ u N V Q ~ ~ rVj 0 V V ii 4 L IC I ~ w A LS. ~ G IL p a O . 0. 0 a m C e E c q'~ a w m C ~ 7 A b > W . C ~ ~ ° W C D ii U A rte. O H u e ] , 0. . ~ • d N N N e~ ti N rn D m LL 0 a W 0 a 900/900'd 6TB94 9NISYHOH[ld NOLMEQ 30 xZIO ZO£L 66E 066 89:OT LOOZ•9V IO0 BID SUMMARY TOTAL PRICE IN WORDS: One Million Two Hundred Sixty Five Thousand Five Hundred Fourteen Dollars and No Cents in the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials famished hr the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and hump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et se q,, and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et se . PAGE P - 6 OF BID 43692 Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. I dated 10 jai Received ~p ~a51d1 Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received Shaw Environmental & Infrastructure, Inc. ' CONTRACTOR B ivision Vi a President 4171 Essen Lane _ Street Address Raton Rouge, Louisiana 70809 City and State Seal & Authorization (If a Corporation) _ Telephone PAGE P - 7 OF BID #3692 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in knu : 5 ~ 0, va 0. (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: _ BIDDER: Shaw Environmental & Infrastructure, Inc. Street Address Baton Rouge, Louisiana 70809 City and State THIS FORM MUST BE RETURNED WITH YOUR BID. PAGE P - 8 OF BID i#3692 4171 Essen Lane SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Denton. PAGE SQ - 1 OF BID #3692 In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO x if the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. PAGE SQ - 2 OF BID 43692 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejectqd. Title PAGE SQ - 3 OF BID #3692 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) All other charges and costs Total The total must equal the total amount of the Contract. CONTRACTOR: 5NAl,/ ENV11t0NMtAI7AL ~f lNF t~ocMZE~ /NC. COMPANY BY 4-17/ Ess,y L~4NE oA-rw 2cvGt, LA 70007 Street Address City and State $ 672-1 63,- c t 880 $~4L6g, s ►4 THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. PAGE P - 9 OF BID 43692 PERFORMANCE BOND Bond No. 1024404 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Shaw Environmental Inc. whose address is 4171 Esse01 e Baton Rou e LA 70809 hereinafter called Principal, and Lexon 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 finely 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 - DOLLARS - ) 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. One Million Two Hundred Sixty Five Thousand Five Hundred Fourteen Dollars and 00/100 $1,265,514.00 THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2007-~-, with the City of Denton, the Owner, dated the 11th day of pumber A.D. ?007•-a copy of which is hereto attached and made a part hereof, for Bid #3692- City of Denton Landfill, Landfill Gas System Construction. 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. PAGE PB - 1 OF BID 43692 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 terns 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 t copies, e of which shall be deemed an original, this the 17th day of December , 2007c" ATTEST: BY: ~ls• -SECRETARY ATTEST: BY. Sheryo inn, Bo M Assistant PRINCIPAL Shaw Environmental, Inc BY: 4e- ` eG PRESIDENT&of+ P' 0.(A1' pxp-ak t've' Via Pre SURETY Lexon Insurance Company BY: Ty/ 1ol!j 1z ORNEY-IN- ACT My ie F. Henry The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: James K. Swindle . STREET ADDRESS: 1367 Austin Highway #2 San Antonio, TX 78209 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PAGE PB - 2 OF BID #3692 t~~ PAYMENT BONA Bond No. 1024404 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Shaw Environmental Inc.✓ whose address is 4171 Essen Lane, Baton Rouge, LA, 70809 , hereinafter called Principal, and Lexon 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 the penal sum of * DOLLARS 1 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. One Million Two Hundred Sixty Five Thousand Five Hundred Fourteen Dollars and 00/10a/$1,265,514.00- THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2007- , with the City of Denton, the Owner, dated the 11th day of December A.D. 2007 , copy of which is hereto attached and mad~ part hereof, for Bid #3692- City of Denton Landfill. Landfill Gas System Constreution. / 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. PAGE PB - 3 OF BID #3692 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 bad 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 1 copies, ea one of which shall be deemed an original, this the 17th day of December 2007 ATTEST: PRINCIPAL Shaw Environmental, Inc. BY. Assr SECRETAX) BY: PRESIDENT&,f f p 6ymn EVc,(Xhvb Utee Pre~~ud ATTEST: BY: (31 ) Sheryo uinn, Bo Assistant SURETY Lexon Insurance Company BY: A T RNEY-IN-FACT Myrti . Henry The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: James K. Swindle STREET ADDRESS: 1367 Austin Highway #2 San Antonio, TX 78209 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a cotporation, give a person's name) PAGE PB - 4 OF BID 43692 + = POWER OF ATTORNEY Lx- 34233 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Jason D. Cromwell. James H. Martin, Sandra F. Harper, Myrtie F. inia E. Woolridge, Deborah Neichter its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the list day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Compp~y any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000.0giTwo-million five hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY A / TEXAS ,••''O INSURANCE Z COMPANY a< ACKNOWLEDGEMENT David E. Campbell President On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN K. AYE Notary Public, State of Illinots My Commission Expires 09/21/09 Maureen K. Aye CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this i / - Day of 20 U7 ~ / TEXAS r INSURANCE fZ COMPANY ? Donald D. Buchanan Secretary ACORDTM CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 12/20/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER 877-945-7378 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR willis North Anerica, Inc. l d ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. v . 26 Century B P. O. Box 305191 Nashville, IN 371305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Sh w Enviro.mlental & Infrastructure, Inc. Zurich American Insurace Com an 16535006 a Shaw Environmental, Inc. E See Page 2 for List of Other Insureds 4171 Essen Lane BatoRouge, LA 70809 INSURER E: CVVCKAUCJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR UIREMENT , ANY REQ SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE IN POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L R DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MMIDDIYY POLICYEXPIRATION DATE MMIDD LIMITS GL0386660702 9/1/2007 9/1/2008 EACH OCCURRENCE $ 2,000,000 A X GEN ERAL LIABILITY RENTED E T ENERAL LIABILITY DAMAG O PREMISES Ea ocwrence $ 500,000 X COMMERCIAL G I OCCUR F MED UP (Any one person) $ 25,000 CLAIMSMADE X PERSONALS ADV INJURY $2.000,000 GENERALAGGREGATE $ 4 000,000 PPLIES P ER ' PRODUCTS- COMPIOPAGG $ 4,000,000 : L AGGREGATE LIMIT A GEN - POLICY X JECT LOG A AUT OMOBILE LIABILITY BAP386660402 9/1/2007 9/1/2008 COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANYAUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULEOAUTOS HIREDAUTOS BODILY INJURY $ T (Per accident) NON-OWNEDAU OS PROPERTY DAMAGE $ (Per accident) AUTO ONLY-EAACCIDENT $ GA RAGE LIABILITY THAN EA A00 $ ANYAUTO OTHER AUTO ONLY: AGG $ ILITY EACH OCCURRENCE $ EXCESSIUMBRELLALIAB CLAIMS MADE AGGREGATE $ OCCUR E $ DEDUCTIBLE RETENTION $ $ _ W STATU- OE WORKERS COMPENSATION AND WC386660602 9/1/2007 9/1/2008 X R A EMPLOYERS' LIABILITY E.L.EACH ACCIDENT E 1 000 000 PROPRIETORIPARTN ERIEXECUTIVE OFFICERIMEMBER EXCLUDED? OE07 E.L. DISEASE-EA EMPLOYEE $ 1 000 000 Ifyes. descnbe under L. DISEASE - POLICY LIMIT E S 1,000,000 SPECIAL PROVISIONS below . OTHER DESCRIPTION OF OPERADONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Shaw Environmental & Infrastructure,Inc. Bid 3692 City of Denton Landfill Gas System Construction. City of Denton, Its Officials, Agents Employees & Volunteers 901B Texas St. Denton, TX 76209 ACORD 25(2001108) Coll:2207269 Tpl:673 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORI O REPRESENTATIVE Cert:9998262 ©ACORD CORPORATION 1988 Willis CERTIFICATE OF LIABILI DATE TY INSURANCE page 2 of 3 12/20/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER 877-945-7378 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Willis North America, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26 century Blvd. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Inc tructure f I INSURERA: Zurich American Insurance Cos an 16535-006 . , n ras Shaw Environmental & Shaw Envirocwental, Inc. INSURER B: See Page 2 for List of Other Insureds INSURERC: 9171 Essen Lane Baton Rouge, LA 70809 INSURER D: INSURERE: Named Insureds: The Shaw Group Inc.; Shaw International, Inc.; Stone & Webster, Inc.; Stone & Webster Construction, Inc.; B.F. Shaw, Inc.; Shaw Sunland Fabricators, Inc.; Shaw Global Energy Services, Inc.; Shaw SSS Fabricators, Inc.; Shaw Maintenance, Inc.; Shaw Constructors, Inc.; Shaw NAPTech, Inc.; Shaw Energy Delivery Services, Inc.; Shaw Field Services, Inc.; S&W Engineering NY, PC; Shaw Environmental, Inc.; Shaw Environmental and Infrastructure, Inc.; Shaw Coastal, Inc.; Shaw Beneco, Inc.; EMCON/OWT, Inc.; Shaw Infrastructure, Inc.; Stone & Webster Consultants, Limited; Stone & Webster Management Consultants, Inc. Shaw GBB, LLC., GBH Maintenance Company, Inc., GBB International, LLC The Shaw Group Inc. and its majority owned subsidiaries are Named Insureds under the insurance policies listed on this Certificate. The above list is a representative list of the major subsidiaries of The Shaw Group Inc. and should not be considered complete. Additional Insured Status: The General Liability Automobile Liability, and Excess Liability policies include a Blanket Additional Insured endorsement. This endorsement confers additional insured status to persons and/or entities if specifically required by a written contract executed prior to a loss but only to the extent of the Named Insured's obligations to indemnify, defend and/or hold harmless as specified by the written contract, subject to policy limits or to the extent allowable by law, if less. The General Liability and Automobile Liability, and Excess Liability policies grant coverage to "additional insureds" on a primary basis, subject to each policy's terms, conditions and exclusions, when required by contract executed prior to a loss. Waiver of Subrogation: The General Liability, Automobile Liability and Workers' Compensation policies, through blanket endorsements, automatically waive the rights of subrogation, where allowable by law, possessed by the insurer against any person and/or entity to the extent that the Insured had, prior to a claim, a written contract to waive such rights. Additional Insureds: City of Denton, Its Officials, Agents, Employees & Volunteers I. ennn n en m_I.cII. cI I-- .agg R7 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Co11:ZAU1L09 Named Insured: Shaw Environmental & In Holder State: TX LL O 0 N Q 4 r m oN N N ♦ `Z/ C y O N - N d r f O N d C _ E E N r w w d n W W O IL _ a LL d y _O C - E N c ~ d c - r 2 ~ E d ~ ~n~♦ v E d U - O LL N J _ C O (N h O lO O h I~ ~ lO ~ d L d V O~~ ~d N - C d d d d O ry ii F I~ r r Ir 1i r - U - m m m m m m m m m m m 0 0 0 -o o o ,0 0 0 0 o C C C iA N a N N < V N 0 r L N r r O N r ~ N d Y p1 I O d a o m d ~ N y n C (n C E '9 a O C c O d d d p ° _ c 0 5 m A c m m o E ° c c a- 'd m- 'm d r E d m° c m w yo ~ d~~ d° Z O T N C C ~ C C n C N O d O Oa d - _ G a- °m > am E~ c E c x O~ O d d d O~ A d d d r Z fn f ?i 2> RN I1 LL D ~t ~r d Q O N M o m m r m rn o F ao