Loading...
HomeMy WebLinkAbout1988-0330923L AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE 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 therefore, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construc�on of public works or improvements, as described in the "Bid Invitations", "Bid Proposals' or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9821 Calvert Paving Company $17,457 25 SECTION II That the acceptance and approval of the above compet t ve ds shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective imme ate y upon its passage and approval PASSED AND APPROVED this the 16th day of February, 1988 ATTEST ,'I Elk VFLTERS,7 i APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH$ CITY ATTORNEY BY PAGE TWO DATE February 16, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9821 MORSE STREET PAVING RECOIRIENDATION We recommend this bid be awarded to Calvert PAving Co of Denton for the total price of $17,457 25, as per Bid Proposal with completion in 15 working days SUMMARY This bid was advertised and notices sent to over ten prospective bidders We received only two bids There were six sets of plans picked up from our office The bids that were received are within the estimate, however, this small bid is higher per square yard of pavement than on a larger bid BACKGROUND. Tabulation Sheet PROGRAMS, REPART14ENTS OR GROUPS AFFECTED M L King, Jr Recreation Center to be constructed soon, Street Improvements and the Citizens of this area FISCAL IMPACT To be funded by C D B G There is no additional impact on the General Fund Respectfully submitted Z_ j // Qy".Ozz - L arrel City Rhnager Prepared by e , o ars a� Zriturchasing Agent Approved ame hii'Marshall, C P M— Title, urchaisng Agent K H r � 7C 'j ton N 3 b H h � S H CS x t� z 8 8 m c z c 0 x c z S x S z 1 wwoo PP-03-� CONTRACT AGREEMENT STATE OF TEXAS ) ( ��0 t COUNTY OF DENTON THIS AGREEMENT, made and entered into this 19 day of FEBR UA RY _ A.D. , 19 88 , by and between THE CITY OF DENTON, TEXAS 215 E. MCKINNEY ST. DENTON. TEXAS 76201 of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL, CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and ED CALVERT dba CALVERT PAVING CORPORATION P.O. BOX 268 DENTON. TEXAS 76201 of the City of DENTON , County of DENTON and state of TEXAS Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID# 9821 - MORSE STREET PAVING PURCHASE ORDER # 83326 - $17,457.25 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the'said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or a CA-1 0044b �� � I written explanatory matter thereof, and the Specifications therefore, as prepared by THE CITY OF DENTON TEXAS , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A TEST: E NI R WALTERS CITY SECRETARY ATTEST: APP OVED AS TO FORM: City Attorney CA-2 0044b CITY MANAGER (SEAL) CALVERT PAVING CORPORATION Party of the Second Part, CONTRACTOR --- Title (SEAL) MUD-a2xa.J (2-ell U.S. Department of Housing and Urban Development CERTIFICATE OF OWNER'S ATTORNEY duly authoriand acting legal representative to'f do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner Of ei,:cution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives: that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon: and that the foregoing agreements consti- tute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. !Date: _,�/'� 0 CO-1 MUD -Wash., D. C. PERFORPIANCE BOND STATE OF TEXAS ) COUNTY OF DENTON) ( KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving Corporation , of the City of Opninn County of Denton , and State of Texas as PRINCIPAL, and Security National Insurance Co. , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON, TEXAS as OWNER, in the penal sum of SEVENTEEN THOUSAND FOUR HUNDRED FIFTY SEVEN AND 25/100 Dollars ($ 17,457.25 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 19 day of February , 1988 , for the construction of BID# 9821 - MORSE STREET PAVING which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all conditions and agreements in and by said contract agreed and covenant Principal to be observed and performed, and according to the true meaning of said Contract and the Plans and Specifications hereto annexed, obligation shall be void: otherwise to remain in full force and effect; respects, d by the intent and then this W-M PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14th day of March lg $3 Calvert Pnv'na Corpornrion Principal By Title/Deb L Address p ) Rnx 96i; Denton, TX. 76202 urety Address P.O. Box 225028 Dallas TX. 75265 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey, ling U Minnis 707 FirstState Bank Bldg. Denton, TX. 76201 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b Co. TheTrinity Companies Dallas, Texas 75201 LIMITED POWER OF ATTORNEY KNOA' AI I_ L11 N BY II ILSL NI<[ SF(,IF I, LuI I <IlkI I UNC/LP'AL IN:UPti-0( tl)I:PANY and S[ CIJkI fY NA ONA[ INSUkAH -L i0:1..PANY, u� Lin-. v,•rporotwo a„J IkINITY ONIVIRSAL INS UkArJ(l UWPANY O1 AN SAS, INC., a ����• „,,.r.ino,, d.r bar, Ly npp, lit M. G. RAMEY, TERRELL W. KIN(, III, RANDALL L. MINNIS, OR JEFF P. KING - DENTON, TEXAS n rn� .•nJ I:nvl„I Artcnio�ls)-,n-I- i. r, wiry n II .i ,;lion ry r.. „, .��.� ,, It,, I, 1, ill 1,1, I,1t o ,urt 11 ., .nil,..) .•nil orl,.r ,,.,,im, ill �•I ,� .n'�ILr ,Lu :. Ter ,. .�•.r io it. r ,rn ,n,II- nn.' r „ r -I , r, 1 „q any it,, "t L n, hIO AU 111OkI I Y 1 ti ,uk.AIf 1 i L 1 ON 1. oil „ I"'. Illy t,ond . .. Ii,md, ad,• ro Attonreyk)-,,,-I n._I of.„"v o-, o part, al inn -rust. IN :+IIifI ivl!EREOF, IRINIIY UNIVERSAL INS Wit L IOf,YPO,IVY, )I t)PI1Y NAIION AL IN- ,Ali,/u'1 f_ COMPANY " I IOINI I( UNIVI.LSAL INSURANCE I-OhIPANY OF I:AHyA',, IN"-, on•.e each these pre_. nt_ this �4TH day of FEBRUARY 19 87 ze E AT RY-VICE PRES. JAMMES G. DR WERT, PRESIDENT AUTHORITY FOR POWER OF ATTORNEY 11 it II ililIY NNIVI RSAL INSIIPAPI''f tOMf--'ANY an•i SECURITY NAIIONAI_ INS01 r,N. i Ot.IPANY, I. <., va,,J IkINI IY t1NIVi IAL IN'L)NANf I CONIPAIIY Of KAfV Sl, Ilit "I<on.o,. .., „ of rnrlhoni. p:in..,J L, Ihot .rrWin resolutwn odopr.d k.y rt„�r n- -.rrv.' BAmdor � p. •,r. ,f.. I r Jcy :,t fRorch, ltI/5 and ,.f wh,rh till. follow ur) u o Tru o, hill, uo•1 sonry.l, h copy c *'r...,, don it .ir:v Vice-Pre,id.-nr, nr ony ch „f I ., 'o, „pa• I Le and on e.-J and ci,I ,Ir.•<I to n.oLr, exct.,n �, and J1-11..,1 i:l b.•l 1,11 I,f rn, s ( ampIll ra, re'_i.lu,y nthn, rh,, U,•rted Stot— of Ainericu, os in,,,, may •.e lac t, it; Power nil �u; on sn funny and ,rooinri ig each sucli person IU Attorney-,n-Fait, .,if,h,tl power and author -I, .,,iko, c-xeculc and dc--liver, for It, fill itc Warne end In it, behalf, us sa rar/, any p_trt n:u ur bond or u,.a rill%,r.l rl of ni,:y be ro%,,r,d uT the specIled tart, t.,ry, under .ur11 I, ml l (Ir rrn, it a fnCTIor) S, bath a Ir „ II,rI, .,t sucl. bond•. or under)Ill, lily and o:, t., II ,,II I : f I,nb,II tc be I J,o,rnl,an by tot .e Larnponi, s, , OlLcers r,.ay deer, proper, the notorr of such bond: or undertul<In,a 01.0 rh, liunn of liability to At ,_. 11nwcrs of Air omey moy be restricted, to be ,n eoch ,nstooc, -paCln'd In ,I in Powerof At It,', PI ',GI VI If, IL IT ony and all Altorn,_ys-,u-fact and Officers „f the Companros, ,• c1-d„ .I „eT_mt Secru- i:r,. n of =.r l,t P-,, I`. ubaenp be ,nd are hereby oath„n rod and I- c,vnfy nr d,u B1-1—aws of rhe.r- C om{ rnv„ well o� un, r, eol ,Ill n of if I D,r«ror, huving to a„ w,11 11 ,utI.II ,,1 blinds, roc,')I„'�nci ., ._Till n:cl� of ,ndemnny, and all otter wnt,n;� oLir;utury in Inc, n cnur, flit 'I10, or vnlh regard to the powers of ony of the officers- of these C.on:panmo or of /UTonleys-In- Fncl. PLSOI IT II, Ibut iho signature of ony of d,e porous described ur till may Le foc- enn,I, , Inalur,-, os fi,<rd or rnprnd... od by ony form of ryp,ro), pnnnng, sloa,I,,n 1 a.1 other 1.411"1 .cyan of tfu• n,,;r, „1 ilia pets wrs here,na bcve a.. tl r.n �.: d. •, CERTIFICATION OF POWER ATTORNEY I, ;.,an, i I ,,, ,-, t.,m. S,.crornry of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY •md TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify :fin rll- lon'g,,,m1 keeo un on of the Ciooias of D,rec rots of th—e t.ral,�ron on r, end the Power Attorney I .1 I ursoanr Thereto, art, true and correct and are still in full force and effect. III 141 ; L.1 ;, A, Ir KLOf- 1 hove herwn,r.. sal ,,y I,.r„d and alfuud in, lac+,mile Lull r I ,-It r, CIr porotn on 14th March 88 un,mr, no. paomiuHmyopp `\oMn,nurui4pp4p /�-- -fits�areVU,R;SSEALELI AaANCOI,V 't FETARY '' b°dlr.0 rdrd/pn,IlpiipP\"\" „drrdMillpp0\\U3�p a-3e`Ja REV. 3-82 PAYPIENT BOND STATE OF TEXAS )( COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: That Calvert Paving Corporation County of Denton, - of the City of T rnn , and State of Texas as principal, and Aarnrit�z iiarinnal TnsuranrP Co. authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON, TEXAS , OWNER, in the penal sum of SEVENTEEN THOUSAND FOUR HUNDRED FIFTY SEVEN AND 25/100 Dollars ($ 17,457.25 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 19 day of FEBRUARY , 19 88 BID# 9821 - MORSE STREET PAVING to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil -Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings 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. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14thday of March , 19 88 Calvert Paving Corporation Principal By O. Title Address P.O. Box 268 i)pntnn,T TX. 76202 Security National Insurance Co. Iwo IAV Address P.O. Box 225028 Pallas, TX 75265-5028 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey, King a rlinnis 0092b PB-4 The"Frinity �% Companies Dallas. Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL Nil N BY TIIESE PRESENTS" Ih.n IRIN! [Y UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, .•uln I lexas Corporation and TRINITY UNIVERSAL INSURANCE CONIPANY OF KANSAS, INC., a , �rj""Aran do beraby apponlr M. G. RAMEY, TERRELL W. KING, III, RANDALL L. MINNIS, OR JEFF P. KING — DENTON, TEXAS ii Ir,._ a,.f lUwbil Attorney (s)-in-tact, wuL full a:tnorrry r.execalre on its hebolr Ldclny and _,,,r,ty bonds ,.I ., ,i�r.d, uiy� anJ othm Jor c,n•. fits of a .imikv ,herU. ter issued If. if c .or . of u, oU.ni ..,, and to U .: nsl nvo < uinparry fhareby I >. 1 I I:u AU I I10R11 Y IS C,f: API l EIS F01.. 1. 0l —I P,-nohy bonds. .. !S..uda whore Attorney(s) -m-Fact app. ,)r os a party at interest. IN WIINfSS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECUR11Y NATIONAL IN- SURAH'J: COMPANY and TRINITY UNIVERSAL. INSURANCE COMPANY OF KANSAS, INC., have each II-e,,Rl" 1 find anesled those presents this 4TH day of FEBRUARY 19 87 ETARY-VICE PRES. JAMES G. DR IJERT, PRESIDENT AUTHORITY FOR POWER OF ATTORNEY Thar FRINIFY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each o lexus Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC„ a Kansas C orpoi,Itor., in pulsuonce of authority gronted by that certain resolution adopted by their respective Board of Dn c,nr, on the Ist day of March, 1976 and of which the following u o true, full, arid .-orr letecopy: "PL`OL V[-D, [hot the President, any Vice -Pre., ide ot, or any Secretory of each of fh,-If I, .. mpornf s be and Ib,v fro b.:r,,hy o,Ithonzod and erf.powered x, mob', e."'Je, urld dells"r in keholf of ;he=U 'omnanles ails. i, P I .fin Or persons re_,,hlfs witFin rho lJn rtc"d Stal•"s of America, U" th,y Inrly >elIct, its Power ,•�„nsfrt,,nn.l unJ af_poinriug each ucII I.crson us At nY my-Ir -F a, r, +,th f fI m.-r .i,o author - It r. n.ok., >,, ruts and deliver, f-,r it, ,n I. •orfe and in Its behalf, ,., s�rcty, o I forticulir bona or y,•lc ra;a n,7 trot nay be Ieq, vvd i,I the :peclh.d ternt�ry, ender ,.ugh hf,,tnt,ons and restrim...., both cud, bonds or urid,riaking ono H:limit, .=f liability to be a n.d,rta'non 'uy the+e cmpanies, ff�,n I Olhcers n,ny d,-em proper, the nakWru of IIrh bon,J, or ,aortokifi ; and di.= in.,Tr, of hobday to which 'II,h Powers of Attorney Inay be renrncted, to be In eoch uT ,ronco .,poclh,-J In such Powerof Actor -.I. RI- I01 `/I U, ! hat any and all Attofneys-in-F o-t and Officers of the CUrnp afire s, a ch,Jin I Assl rotant Secre- tanl , voh, iber or i,: t the Secretary Is nlnent, b, rind aro horol , nuthr•rf: eJ and I ml"ow, r,J to certify or v."I ifv „I11 of n,e fay -Lawn, of th,' - I-olhiamo, os .v.. 1 a•, uny rfsol.,n „n of ;h,. Uft.,<t..rs, having to do with !,I c.,. It,— ,f bona,, re,cyni.o.1, If r'n'r I of indrmniy, it d III .rtiIcr wnluiye call Itnoly in IIII r uid.• t. r.ol, or with r,•ganl to tl.pow.rrs of .Iny of the ofhc.or, of th,•_.r ,,.n.:,ani. .I,r If Attorney-.-1n- I Rf It !y, Ihot th, slyn Uh.m :-.f tiny of nil^ p,r_, r.-, to-.( rib,:d ci n,. f• Ic ;'.n .I niay be for- . u. I I InuT.aes as fixed or ref.rclh,<.d by I ionlI of Iyhlc,1, pnnfily, ",I onip n,g ..r Lther r,I roductien of N,. n.uo,the her -one heremabovo out6.nvrJ." CERTIFICATION OF POWER ATTORNEY I, Judith I . I U.1an, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the loregoinq Rasoluno:f of the Boards of Ufrectors of these Corporotfons, and the Power Attorney i•...,,d pursuant thereto, off- true and correct and are still in full force and effect. IN 9/I III SS J,'HEREOF, I hove her....., To set rlly LUud and uffi,.,d the Ei,-nnl,. s,.al ,.f e,I'll Carporoiion 14th th — O ,5y11111no" P't 00\i �\�ll�lvlsl�//ri "A1 Jai\II°.I ^u<le//4% ae•.........4 O �'SESSI�g '>-;SEAL< i,SEAL:: 4b /Hgllllllll\\\\\Oa` '�IIIOIII\I\O�\O dMarch ay af_ 1988. -;f vOUDI"IH E. FA CAN, CORP. SECRETARY 6-3894 REV. 3-82 MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: THAT Calvert Paving Corp as Principal, and Security National Ins. Co. a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of ONE THOUSAND SEVEN HUNDRED FORTY FIVE AND NO CENTS Dollars 1,745.00 , 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Calvert Paving Corporation has this day entered into a written contract with the said City of Denton to build and construct BID# 9821 - MORSE STREET PAVING which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 0093b NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said Calvert Paving Corporation as Contractor and Principal, has caused these presents to be executed by Ramey King (Y diinni and the said Security faational TnSnran�a (n as surety, has caused these presents to be executed by its Attorney -in -Fact Terrell W. King, III and the said Attorney -in -Fact has hereunto set his band this 14tliday of March , 19 88 . SURETY: Security Nafioaal BY: W. King, I Fact 0093b PRINCIPAL: MB-2 Calvert Paving Corporation P.O. Box 268 Denton, TX. 76202 TheTirinity 'VCompanies Dallas. Texas 75201 LIMITED POWER OF ATTORNEY KNC,N ALL ^111:_N BY 1[IF S1 PRESS 11 T�. Ikat ININIIY UNIVERSAL INSOkAN(TE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, ruck a Ir-x,/z Corporation and ININIIY UNIVERSAL INSURANCE COIMPANY 01= KANSAS, INC., a Ko,,.I Carp,r,m,Or. da hereby appoint M. G. RAMEY, TERRELL W. KIN(, III, RANDALL L. MINNIS, OR JEFF P. KING — DENTON, TEXAS II, tIII. 11n1 lawful t\tnsney(s)-In-) art wlrh h.11 uuthorlry I, e:.ee.,rc Oli its heh:If hd,l:ty and suroty bonds a . 1,•1 a q. and olhur Joe umuols "f IT ,i nnlur cLara. r. r I . , lad to IT" tit us busuin a, anJ to n._I u_un .ompuny theruhy. L X 1 1' 1 lit) AU I NORI I Y IS CkANI FL, F OI< 1. 0;,"n Prnalty bonds. .. Br:,k •.vhvne Attorney(O-ul-Fact u: p, u, as a forty of nrlh'.sl. IN 'GIINL:SS WNLREOF, 1RIll IIY ONIVE-RSAL INCLINANCE COMPANY, SECURITY NATIONAL IN- SUkAN, L COMPANY and "IINI I Y LNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each c.,.-I'll J lu J na-ac-J thew pr asents this 4TH day of /FFEEBRRRUU�ARY 19 87. ENRY-VICE PRIES. JAMG. DR WERT, PRESIDENT I h,t IkINII'r UNIVERSAL INSURANCE COMPANY and SFC:UNIIY NATIONAL. INSURANCE COMPANY, r orporati,n ana IRINI lY UNIVi ISAL INSURANCE COfv1PANY OF KANSAS, INC., a Konsos -�rl ,.Irnion, n, pursrunre of culhonty grunled by that cetto/n resolution adopted by their respective Hoardof the ]-it day aF March, 1976 and of which the following :s a nue, full, and complete copy: "ki SULVLIi, That the President, any Vice-Flies:danl, or any Secretary .,f ,och of these Companloa be and If e. ....n by uwhonzOd and empowered to niciko, executes, ,,,I J h—r In behalf of then- C.mnpanles .tin,. -,I_n f.rs..n or persons fCSIdlry within the U utud Star,, car Amenul, IS ihoy nuly select, its Power ,..n ;t:runn.{ and of-pomnng e.,1k vucb person its Attorney -car -Fact, with full power and author - II, ro i, , rxocu¢ and deliver, for it, in its noma and cal m Bohol(, ac r,rity, a,.,/ purticulor bond or ,.I..I k,t, n.at may be requlrad u. Ihc- spe, ih, d min rury, candor _.u-h Lmnotluns and rustnctions, both .. n ;[. .,I Burn l,onds or nderl A,in3 and u,, to limits or liability Io I.e and rrtnl.on by Ilie,, Companies, .. u.I Of) r, rs may dec-m proper, tho nature of o h bonds or ul,Jc rtolunys ar.a the limits of IlafeI,ty to .o,h Mowers of Attorney Troy be restarted, to be :n each instance specified in such Powerof Adorn,-/. Rf-SOLVf D, Fhat any and all Attorneys -in -Fact and Officers of the Companies, including Assistant Secre- t orit, vvhodor or not the Secretary :s absent, no and are hereby authorized and empowered to certify or v._r il. .I. i. of tka Hy -Lows of thc-.,� C,ompao:. s is well os any resolution of the Directors, hov:ng to do win H., . xo, n:on of bonds, recognvan(= , .onTr.lrt, of u,J.•immly, and oll ,rh,,r wntloys a[ h,imory ui the ,,r. I'.mnnt, or with regard to if _ f,, ,w• rs .,, tirl, of [hr ,.ff:cers of thew- Compan:.s ,.r of Attorneys -:n- ut I. I- 1t,1 vI If, not ti- sl lnat care „( any cal ibr F os .ra,, Je .r'nL.d nr rn, I ..... .. tnLe hec- d,.�I I. In at zeros a'. f Ixod .,, re pmduce,l by arty corm of Ty lung, pr:titan j, ,rat op in j or or1,er rep r od o ct:off of n.ao.^.Ill the peraans here:nabove uu rhulred." CERTIFICATION OF POWER ATTORNEY Judnl, I_ I I ou, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify 0-i i l.- Iott-goin,I Resolution of the B"nIs of Dueclors of these Corporotions, and the Power Attorney I ,.u.d pun 'unr thereto, ore true and correct and are still ,, full force and effect. IN :'.I H. Sb ':,IIL I. ,_O1-, I hove her. ,,o s.-t ra, hood and ufhwd t'o, f,,, s:mllc ..nl A au�h Cc,rporatron 14th March 88 d I/ _ �. eV\i11rib°yr .opN\nnreuyypii \awnuutaoiok �........ -. OJp arUI "`sEtLtis = `Y ::SEAL' `_.:SEAL':; /JUOI TH E. FAGAN, CORP SECRETARY v , � '�r'u /4/111111r111\\\\\ �1brrI11r000\ B-3894 REV. 3-62 CITY OF DENTON MINIMUM INSURANCE INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. Workmen's Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory I1. Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000 III. Comprehensive General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 Insurance Requirements page two To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of $500,000 IV. Owner's Protective Liability Insurance Policy. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non -renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self -insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not beoin anv work until the Owner has reviewed and approved writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 O1/13/87 Name and Address of Agency City of Denton Reference: Ramey, Kind; & Minnis Project Name: Bid 7jr'9821 F�,-6t State Bank n1r1E Project No; Denton, ln. 7620 " 382-9691 Project Location: _*qr„-moo ct ,paving Managing Dept: Now and Address of Insured: Companies Affording Coverages Calvert Paving Con)orarion A a*.n; rrnr,, rF^.iERAL P.O. box 26 B Denton,Tx. 76202 Phone 387-6831 C This Is to certify that policies of insurance listed below have been issued and are in force at this time. Compan II Letter T of Insurance Policy Number Date ice InmlThousands ts of �1000 A Comprehensive General Liability - Occurrence Occurrence - Claims Made (see 11112-reverse) CA810136 6 10 / 3 / 8 Bodily Injury S Broad Form to Includes - Premises/Operations Property Damage = - Independent Contractors Bodily Injury and Property 5 0 0/ 5 0 0 - Products/Completed Operations - Personal Injury - Contractual Liability (see III -reverse) Damage Comb Inod i - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage st ce) - BirooaadForm PlabroperfyDan" - Professional Errors/Omissions - occurrence - claims made (sea i2-reverse) Comprehensive Automobile LlablIIty Bodily Injury/Person i A 1,M09381099 10/3/81 Bodily Injury/Accident $ Property Damage $ - Owed/leased Automobiles - Non -owned Automobiles - Hired Automobiles Bodily injury/Property DamYye Combined $ 500 A - Workers' Compensation and Employars' Liability ute Amount C821196985 6 /6/$8Stat 0 each acci en A Other Insurance UMBRELLA UB38734183 6/6/88 5,000,000 Description of Operations/Locations/Vehicles. The City of Denton is an additional insured as its interest may appear as defined on the reverse side. Nana and address of Carti ficate Holder. March 1 wr • •o • huh • �-• yr � •o 569 CI-3 CONDITIONS 11 YY • 1 J !'IDI - • I cr • r. - - u _ r _n r• a •: •• _ - c •c - NO1TfE OF CdNCEUPZf(N: prier to any material cI or cancellation, the City of Denton will be given 30 digs advance kvittal notice mailed to the stated c the Certificate holder, City of Denton. • •r a 1-- >•- - ulr r _• u l CI �1. 1 •1 rr y •- •- • 1 - w ri - •. IC .••- Ire •ur - Q-I •• - •. •• •r w • . .N CI I I - •• r I• 1 r - - > NO •• r . follcwing•tmjl&- Cartkums •• - for - life cC the omAract, plus one yew (to provide o7verage for the warranty period), and a artended disaNery period for mining=•. yearsissM I•V• .1 theend •: the wetwoty period. 1'1. D!' • M Y' '.0 1 u 1 •• • r c • rr ••• r l r• •• - • . •1 _ ur al r: •> - .•• r• - .•• •: octet Lr. c• u 1 rile 1 rl ��•c • • u= rlic •.- • r • •. ••. w • � •. • r -- - •1 •c lls •.- ✓ ccr •• r - ro • • • - • r - 11 /11 �! Federal Labor Standards Provisions PPlleablmy ,he Project or Program to which the construction work covered by this contract pertains Is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract Pursuant to the provisions applicable to Such Federal assistance. A. 1. (1) Mlnimum Wages, All laborers and mechanics employed or work- ing upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development Of the projecg, will be paid unconditionally and not less often then once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Pert 3). the full amount of wages and bona fide fringe benefits (or cash equivalents thereoij due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless or any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR'5.5(a)(l xlv). also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one 'asslfication may be compensated at the rate specified for each classlfica- for the time actually worked therein; Provided, That the employer's pay - records accurately set forth the time spent In each classification in which work is performed. The wage determination (including any additional Classification and wage rates conformed under 29 CFR Part 5.5(aXlXii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the con- tractor and its subcontractors at the site of the work In a prominent and accessiblq place where it can be easily seen by the workers. (lit (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry, and (3) The proposed wage rate, Including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or Its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department Of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classiff- cation action within 30 days of receipt and so advise HUD or its designee or will notity HUD or its designee within the 30-day period that additional "^e is necessary. (Approved by the Office of Management and Budget v OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), U.S. Department of Houeing and Urban 11welopi m t it HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized repre- sentative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215-0140.) (d) The wage rote (including fringe benefits where appropriate) determined pursuant to subparagraphs (txb) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this con- tract from the first day on which work is performed in the cfassification. (9Q Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a hinge benefit which is not expressed as an houdy rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (tv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer cr mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided. That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met The Secretary of Labor may require the contractor to sat aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Oavis-Bacon prevailing wage requirements, which is held by the some prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract kt the event of failure to pay arty laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), all or part of the wages required by the contract HUD or its desig- nee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds until such violations have ceased HUD or its designee may, after written notice to the contractor, dis- burse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comp- troller General shall make such disbursements in the case of direct Davis-aacon Act contracts. 3. m Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a penod of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949. in the construction or development of the project). Such records shall contain the name. address. and social security number of each such worker, his or her cor- rect classification, hourly rates of wages paid (including rates of contnbu- tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(a) of the Davis-taocon Act). daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of labor has found under 29 CFR 5.5 (al(l)(ty) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section 1(b)(2)(8) of the Davis. Bacon Act the contractor shall maintain records which show that the commitment to provide such Previous Edition Is Obsolete HUD-4010 (2.841 C'C_ 1 (HO 1344.11 w 1, r,ra re enrorc"Dle, mat the plan or program Is financially responsible, end that the plan or program has been communicated In writing to the laborers or mechanics affected, and records which show the costs antici- _ paled or the actual cost Incurred In providing Such benefits, Contractors employing apprentices or trainees under approved programs Shall maintain • rotan evidence of the registration Of apprenticeship programs and certia- ton of tratnee programs, the registration of the apprentices and trainees, -d the ratios and wage rates prescribed in the applicable programs. ,Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215.0017.) (0) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or Its designee If the agency Is a party to the contract but if the agency is not such a parry, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or Its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3N$ This information may be submitted In any form Cleared. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Docu- ments (Federal Stock Number 029-005.00014-1). U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the fallowing; (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3Hi) and that such information is correct and complete., (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indi- rectly from the full wages earned, other than permissable deductions as set h in 29 CFR Part 3: (3) That each laborer or mechanic has been paid not less than the plicable wage rates and fringe benefits or cash equivalents for the clas- sication of work performed, as specified in the applicable wage dertermin l- don incorporated into the contract (d) The weekly submission of a progeny executed cartirication set form on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the -Statement of Compliance" required by paragraph A3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. 014 The contractor or subcontractor shall ,hel.e the records required under paragraph A3,0) of this Sectfon available for inspection, copying, or transcription by authorized representatives of HUD or Its designee or the Department of labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcon- tractdf fells to submit the required records Or to make ahem available, HUD or its designee may, after written notice to the contactor, aponsor, applj- cant or owner, take such action as may be necessary to cause the sus- pension of any further payment advance, or guarantee of funds. Further- more, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12 4, P) Apprentices and Trainees. Apprentices. Apprentices will be per- mi ted to work at less than the predetermined rate for the work they per- formed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor. Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the '9au, or it a person is employed in his or her fiat 90 days of probationary oyment as an apprentice In such an apprenticeship program, who is individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to Journeymen on the lob site In any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker fisted on a payroll at an apprentice wage rate, who is not registered or otherwise employed as Stated above, shall be paid not less than the applicable wage rate on the wage determination for the classillcation of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determi- nation for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed In percentages of the jour- neyman's hourly rate) Specified in the contractor's or subcontractor's regis- tered program shall be observed. Every apprenctice must be paid at not less than the rate specified In the registered program for the apprentice's level of progresa, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. if the Administrator determines that a different practice prevails for the applicable apprentice Classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Appren- ticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (In Trainees. Except as provided in 29 CFR 5.16. trainees will not be Permitted to work at less than the predetermined rate for the work per- formed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal Cardiff - cation by the U.S. Department of labor, Employment and Training Admini- stration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits In accordance with the provisions of the trainee program. If the trainee pro- gram does not mention fringe benefits, trainee$ shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Admin- istration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predeter- mined rate for the work performed until an acceptable program is approved. (tin Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246. as amended, and 29 CFR Part 30. S. Compliance with Copeland Act requirements. The contactor shall comply with the requirements of 29 CFR Part 3 which as incorporated by reference in this contract S. Subcontracts. The contractor or subcontractor will insert in any sub- contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require. and also a clause requiring the subcontractors to include these clauses in any lower ter subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcon- tractor with all the contract clauses in 29 CFR Part S.S. GC-2 HUD-4010 (2.841 ­,� wnafie a vaiu,w anc a suxonactor provided In 29 CFR 5.12. a. Compliance with Davis -Bacon and Related Act Requirements. All mi. Ings and Interpretations of the Davis -Bacon and Related Acts contained In 29 CFR Parts 1, 3, and 5 are herein Incorporated by reference in this contract '. Disputes concerning tabor standards Disputes arising out of the labor idards provisions of this contract Mall not be subject to die general puts$ clause of this contract Such disputes shall be resolved in accor- ,.ance with the procedures of the Department of labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include dla- Puts$ between the contractor (or any of its subcontractors) and HUD or Its designee, the U.S Department of tabor• or the employees or their representatives. 10. (1) C wWcatlon of Eligibility. By entering into this contract the con- tractor certifies But neither it (nor he or she) nor any parson or firm who has an interest In the contractors firm is a person or firm Ineligible to be awarded Government contracts by vine of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(aKt) or to be awarded HUD contracts or partici- pate in HUD programs pursuant to 24 CFR Part 24. (9) No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by vine of Section 3(s) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24. (19) The penalty for making false statements is prescribed in the U.S. Criminal Code. 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010. Title 18. U.S.C, "Federal Housing Administration transactions", pro" vides in part "Whoever, for the purpose of ..influencing in any way the action of such Administration... makes, utters or publishes any statement knowing the same to be false... shall be fined not more than $5,000 or Imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards Provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted proceeding or has testified or is about to testify in any proceeding 3r or relating to the labor standards applicable under this Contract to mployer. -- d Contract Work Hours and Safety Standards Act As used in this pars - graph, the terms "laborers" and 'mechanics* include watchmen and guards (1) Overtime requirements. No contractor or subcontractor contracting for any Part 01 the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek In which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives com- excess of lorry hours In such workweek whichever Is greater. (2) Violation; liability khr unpaid wag"; liquidated damages. In the event of any violation of the clause set forth In subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. in addition, such contractor and subcon. tractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a tenitary, to such District or to such territory), for liquidated damages. Such liquidated damages shall be com- puted with respect to each Individual laborer or mechanic. Including watchmen and guards, employed In violation of the clause set forth in sub- paragraph (1) of this paragraph. In the pum of $10 for each calendar day on which such individual was required or permitted to work In excess of eight hours or in excess of the standard workweek of forty hours without pay- ment of the overtime wages required by the clause set forth In subpara- graph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon fts own action or upon written request of an autho- rized representative of the Department of labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally -assisted con- tract subject to the Contract Work Hours and Safety Standards Act, which Is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses In any lower ter subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontrac- tor with the clauses am forth in subparagraphs (1) through (4) of this paragraph. C. Heath and Sally (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or danger- ous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of labor by regulation. (2) The Contractor shall comply with all regulations Issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Con- tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). (3) The Contractor ;hall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions HUD-4010 (2.841 GC-3 U.S. Department of Labor TX87-45 Mixer (Over 16 CF) Motor Grader Operator, Fine Grade Motor Grader Operator Roller, Steel Wheel (Plant -Mix Pave- ment) Roller, Steel Wheel (Other -Flat Wheel or Tamping) Roller, Pneumatic (Self -Propelled) Scrapers (17 CY & Leas) Scrapers (Over 17 CY) Side Boom Tractor (Crawler Type) 150 Hp & Less Tractor (Pneumatic) 80 HP & Less Tractor (Pneumatic) over 80 HP TRUCK DRIVERS: Single Axle, Light Single Axle, Heavy Tandem Axle or Semi -trailer Lowboy -Float Transit -Mix WELDER 7.50 9.25 8.80 7.45 6.80 6.85 7.55 7.95 6.50 8.00 8.25 9.25 6.45 6.75 7.65 7.85 7.05 8.45 *1 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1) (11)). The CONTRACTOR shall comply with all State and Federal Laws applicable to such work. The above are minimum rates. Bidders shall base their bids on rates they expect to pay, if in excess of those listed. The OWNER will not consider claims for extra payment to CONTRACTOR on account of payment of wages higher than those specified. Vol.11 1059 W-3 U.S. Department of Labor 4j TX87-45 Basic Hourly Rates ASPHALT HEATER OPERATOR 8.00 ASPHALT RAKER 7.40 ASPHALT SHOVELER 6.40 BATTERBOARD SETTER 8.50 BATCHING PLANT SCALE OPERATOR 9.30 CARPENTER 8.30 CARPENTER HELPER 6.45 CONCRETE FINISHER (PAVING) 9.15 CONCRETE FINISHER HELPER (PAVING) 6.25 CONCRETE FINISHER (STRUCTURES) 7.95 CONCRETE FINISHER HELPER (STRUCTURES) 6.45 ELECTRICIAN 11.50 ELECTRICIAN HELPER 8.90 FORM BUILDER (STRUCTURES) 8.05 FORM BUILDER HELPER (STRUCTURES) 6.50 FORM LINER (PAVING & CURB) 10.80 FORM SETTER (PAVING & CURB) 8.90 FORM SETTER HELPER (PAVING & CURB) 6.70 FORM SETTER (STRUCTURES) 7.70 FORM SETTER HELPER (STRUCTURES) 6.15 LABORER, COMMON 5.50 LABORER, UTILITY 6.15 MECHANIC 10.25 OILER 7.30 SERVICER 7.55 PILEDRIVER PERSON 7.60 *PILELAYER 7.65 *PIPE LAYER HELPER 6.55 REINFORCING STEEL SETTER (PAVING) 7.35 REINFORCING STEEL SETTER (STRUCTURES) 8.55 REINFORCING STEEL SETTER HELPER 6.70 STEEL WORKER (STRUCTURAL) 8.90 SIGN ERECTOR 7.30 SPREADER BOX OPERATOR 6.70 POWER EQUIPMENT OPERATORS: Asphalt Distributor 7.65 Asphalt Paving Machine 8.50 Broom or Sweeper Operator 6.00 Bulldozer 150 HP & Lees 7.85 Bulldozer Over 150 HP 8.40 Concrete Paving Curing Machine 7.50 Concrete Paving Finishing Machine 7.60 Concrete Paving Longitudinal Float 7.25 Concrete Paving Saw 7.70 Concrete Paving Spreader 9.20 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (less than 1 1/2 CY) 8.20 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (1 1/2 CY & Over) 9.50 Foundation Drill Operator (Truck Mounted 10.10 Foundation Drill Operator Helper 8.30 Front End Loader (2 1/2 CY & less) 7.15 Front End Loader (Over 2 1/2 CY) 8.75 Vol. 11 1058 (Feb. 13, 1987) w-a 01. U.S. Department of Labor TX87-45 Mixer (Over 16 CF) Motor Grader Operator, Fine Grade Motor Grader Operator Roller, Steel Wheel (Plant -Mix Pave- ment) Roller, Steel Wheel (Other -Flat Wheel or Tamping) Roller, Pneumatic (Self -Propelled) Scrapers (17 CY & Less) Scrapers (Over 17 CY) Side Boom Tractor (Crawler Type) 150 Hp & Less Tractor (Pneumatic) 80 HP & Less Tractor (Pneumatic) over 80 HP TRUCK DRIVERS: Single Axle, Light Single Axle, Heavy Tandem Axle or Semi -trailer Lowboy -Float Transit -Mix WELDER 7.50 9.25 8.80 7.45 6.80 6.85 7.55 7.95 6.50 8.00 8.25 8.25 6.45 6.75 7.65 7.85 7.05 8.45 Unlisted classifications needed for work not included within the of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR. 5.5 (a) (11)). scope (1) The CONTRACTOR shall comply with all State and Federal Laws applicable to such work. The above are minimum rates. Bidders shall base their bids on rates they expect to pay, if in excess of those listed. The OWNER will not consider claims for extra payment to CONTRACTOR on account of payment of wages higher than those specified. Vol.11 lose w- 3 BID # 9821 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF MORSE STREET PAVING 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 quantities 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. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P - 1 It is understood and agreed that the work is to be completed in the number of days shown on the bid tabulation sheets. 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 is case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond, a payment bond, and a insurance certificate within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. 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: P-2 Morse Street Paving WORK DAYS 15 BID No. #9821 PO NO. ITEM BID TABULATION SHEET OUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractor's Warranties and Understandings -- LS /LS 3.1 Preparation of Right -of -Way LS o /LS 3.3 Unclassified Excavation 150 CY /CY r%�-O 3.7 Compacted Fill 75 CY ev/CY 4.6-A Type A Hydrated Lime (Slurry) 8 TON rI C /-'/TON 02) 4.6-B Lime Treatment of Subgrade 656 BY ,.V 3 ' SY 5.7-A.1 4 1/2' Asphalt Pavement Base (Type A) 567 SY 1 G ?/SY 5.7-A.2 1 1/20 Asphalt Pavement (T a D) 567 BY �� -3 SY 5.7-B 2' Asphalt Pavement (Type D Patch Material) 1 TON / pc TON ti d 5.8-A 6" Concrete Pavement (Flatwork) 12 SY oG a'1 /SY c �Y 8.1 Barricades, Warning Si ns and Detours LS zv /LS 8.2-A Concrete Curb and Gutter 332 LF / LF 8.3-A 4' Concrete Sidewalk 118 SY P SY SP-2 Concrete Saw Cut 4 LF C" LF SP-10 Rock Excavation 0 CY .w 36 /CY SP-15-A Adjust Valve 2 EA EA SP-16 Handicap Ramp 1 EA cj AT') /EA l�Z SP-27A Adjust Water Service 1 EA �kZ el'EA TOTAL / Li1 / P - 3 i W, J� Bid # 9821 BID SUMMARY TOTAAL' BID PRICE IN WORDS �tUG%1 T�E/d TffiC�i'�FFAIDrUitfL tU/ YlFitl �"EUGTl �L[7 ��l['�. 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 furnished in 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 lump -sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR Street Address City and State Seal & Authorization (If a Corporation) &1 -7) 3-T-7 Y3/ Telephone P - 4 U.S. DEPARTMENT OF HOUSING ANO URBAN DEVELOPMENT " CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNI' INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319= 5). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their prop"ed subcon- tractors, shall state as an initial part of the bid or negotiations of the contract whether it has p: ct cipated in any previous contract or subcontract subject to the equal opportunity clause: and. if so, whether t has tiled all compliance reports due under :applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under ap plicabte in- structions. such bidder shall be required to submit a compliance report within seven calendar 6 vs after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER NAME AND ADDRESS OF BIDDER !include ZIP Copal �l-euP�Lt �Q�o� �6.�L�et.J�c.fzo� 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause, Yes 1 No 2. Compliance reports were required to be filed in connection with such contract or subcontract. �. Yes ❑ No 3. Bidder has filed all compliance reports due under applicable tnstructlons, including SF-100. ` r'Yes No ❑ None Required Have you ever oeen or are you being considered for sanction cue to violation of Executive Order 11246, as amended? Yes —�7"No NAME ANO TITLE OF SIGNER (Please type! Ic D. SIGNATURE Reolaces Form HU04238.CO.1, wn,cn ,s Obsciete im 10D1 s k7jRP19Yj SAMPLE FACIL Protect Name & Numh#r The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained. Name /E.-6. Name & Titl Signature r (P or ..q oa Date C-2 CONTRACTOR Section 3 Plan Format (� �"� N�`"'i�dtl� agrees to implement the following specific affirmatiacac ioc irected at increasing the ;u�i'li�zat,',on of lower income residents and businesses within the City of , A. To ascertain f.cm the locality's CDBG program official the exact boundaries of the Section 8 covered project area and where advantageous, seek the assistance of Local officials in preparing and implementing the affirmative action plan. B. To attempt to Icruit from within the city the necessary number of lower income r .idents through: Local advertising media, signs placed at the propose site for the project, and community organizations and public or priv a institutions operating within or serving the project area such as S dice Employment and Redevelopment (SER), Opportunities Industrializat',n Center (OIC), Urban League, Concentrated Employment Program, Homer a Plan, or the U.S. Employment Service. C. To maintain a at of all lower income area residents who have applied either on thei )wn or on referral from any source, and to employ such persons, ?r otherwise eligible and if a vacancy exists. xD, To insert this Section 3 plan in all bid documents, and to require all bidders on sub: atracts to submit a Section 3 affirmative action plan includin utilization go G and the specific steps planned to accomplish these goals. ,E. To insure that subcontracts which are typically let on a negotiated rather than a = d basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in a Sectic.. 3 covered project area. F. To formally coc:cact unions, subcontractors and trade associations to secure their cc: Aeration for this program. G. To insure that 11 appropriate project area business concerns are notified of per'ing subcontractual opportunities. Ii. To maintain rec-rds, including copies of correspondence, memoranda, etc., which doc .nent that all of the above affirmative action steps have been taker., I. To appoint or r.:cruit an executive official of the company or agency as Equal Opport+,nity Officer to coordinate the implementation of this Section 3 lan. *Loans, grants, contracts and subsidies for less than $10,000 will be exempt. C-3 J. To list on Table A, information related to subcontracts awarded for the three year period preceding date of this bid submission. K. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level and number of positions. As officers and representatives of &/,/44t Aug (Name of Co ract(dr) We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. �l? Signature Title Signature(yU aQ, C MQU Date 1./ qgv' �� '3 Title Date C-4 PROPOSED SUBCONTRACTS BREAKDOWN TABLE A FOR THE PERIOD COVERING 19 throuah (Duration of the CDBG-Assisted Project) COLC:c* 1 E OF CONT"LkCT (BUSINESS OF PF.O- FESSIC^) I CCLL:'.; 2 TOTAL NLIK9E.Z OF CD:.,aaCTS cc:.,`_f 3 70TAL A??SOXL?dE DOLL4R LIL"GSI I COL:'_* G ESTIlLlT.:D :Z.`33 �? of CO:CIRICTS To ??.OJ£CT AREA SUSI��'SS=ti+ v; ESTL'L4TM DOLLIR U:Ct;NT TO P.'.OJEC; .LC E.::L'SI::ESSFS+ I *The Project Area is coextensive with the City of boundaries. Company Project Name P703ect Number I EEO Officer (Signature) C-5 Date ESTL`:ATED P.OJEC-1 L:ORK:CiCZ BF.7-UMOMI L -,U I IGU _ ° CCL J CZE7 TOT`L EST�nT: J ;0. :CBITIC::S CC3- + S0. iCSi:IC:;S ;O.VPCBi:I:::S JOB CATEGORY I POSITIONS ==-LY CCCUPI-cD BY I NOT CU' ,� -LY I TO 9E i iLLJ I OFFICERS/ SUM ISC;S PROFESSIO`:-.LS HOUSI..G SAL:S/ OMCE CLEL_C.'.L SERVICE KC T.RS fI OTHERS 1 r W HELPERS APPRV.MC"S Er OTHE'.? S THEMS I TR47E: JOL'C\^^!EV H'cLP=AS f3PRE'^f'C'S I F'A.CL`:;: ::-cENO. TPAIS OT?s'RS tOTAL —� *Lower Income Project Area residents. Individuals residing within the City of whose family income does nor COI%21%.4Y exceed 90%of the median income in the SMSA. C-6 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL E..'.PLOYMENT OPPORTUNITY NAME OF PRIME CONTRACTOR I PROJECT NUMBER I INSTRUCTIONS Tliis certification is required pursuant to Executive Order 11246 (30 F. R. 12319-1_5). the implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under appli- cable instructions. such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCOMTRACTOR'S CERTIFICATION NAME AND ADDRESS OF SUBCONTRACTOR (Include ZIP Code) 1. Bidder has participated in a previous contract. r subcontract subject to the Equal Opportunity Clause. ❑ Yes ❑ No 2. Compliance reports were required to be filed in connection with such contract or subcontract. ❑ Yes ❑ No 3. Bidder has filed all compliance reports due under applicable instructions, including SF•100. ❑ Yes ❑ No ❑ None Required 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? ❑ Yes ❑ No NAME AND TITLE OF SIGNER 1,01aws type/ SIGNATURE GATE Reoiaem For;; HUOn238.CD.2 HUO.950.2 (11.78) C-7 Sus Name of Sub Contractor Project Name & Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings(if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name & Title of Signer (Print or Type) Signature Date I LOM U.. • uEn Or vG •NO UV PAn LEv ELGPNEH COMMUNITY DEVEL'- iT BLOCK CRANT PROOPAM CONTRACTOo" ^ERTIFICATION CONCERNING LABOR STAND! .ND PREVAILING WAGE REQUIREMENTS TO (appmp.wle Rsrvpgn0: OAT[ w wOJCC }yNraLw (//any/ C/� aY Lw l�q,,J ZCT N..a c I. The undersigned, having es tad s contract with for the c (a) The Labor Standards Provisions are included :ctton of the above-identtfied project, acknowledges that: aforesaid contract; (b) Carrsctton of any infractions of the afo,esam tions, including infractions by any of his subcontractors and any lower tiat subcontacton, in his responhi: , 2. He eotifies that•. (a) Neither he nor any firm, partnership or ossocial ineligible contractor by the Comptroller Gen,, of the Secretary of Labor, Pal S (19 C)H, )5. amended (00 U.S.C. 176u-1(a)). in which he has substantial interest is designated an an the United States Pursuant to Section S.b(b) of the Regulations ar Pursuant to Section 3(a) of the Dovts-Bacon Act, as (b) No part of the aforementioned contract has bee. will be subcontracted to any subcontractor if such sub- contractor or any firm, corporation, partnership ssoclation in which such subcontractor has a substantial Interest is designated as an ineligible contra: arsuant to any of the aforementioned togulatory or statutory provisions. 3. He agrees to obtain and foward to the aforemention ceipient within ten days after the execution of anysubcontract, including these executed by his subcontractors and lower tin subcontractors, a Subcontractot's Certification Concerning Labor Standards and Prevailing Wage Re -irements executed by the subcontractors. 4. He terrifies than. (a) The legal n ins and he bos.n as address of the Wads.. .led orr. tit Aairc�s .woRwie Towsrr. A.ARTM Co wwO RAT104 OROANi 2 eo IM TN C ST AY C OF 31.10 ORGA111Z C-9 Idl l l,e n+nn and aawu" tl all nlhu sus.n s, bmL 4w,c) end ;.•p...... harn,y a saatlan".l ,me ev in Ile wmrry g,: d, eed the ndror<.1 Iht .nt.rest ere Jl n•,.....r, r. I.- Th. names, edw.ssts and bade t6isdmanana of all alhW beJdm9 eenslmaian caernuyn In .hen the w.das'yned hat ( •DYw[aa I ♦wec9Ctwsanc. now oat. By�— WARNING V.S. Gunmel C.04. Soma. MO. Title U. U.S.C.. we.,d. In yen: '•rhw.w, . w . I...... . rw,r.sn.e .er .tuen,.wi. enerm[ the sMe la IM blea ..... eg11 be smw wet uert spew i5.u00 ar �mwts.nrn ne. ,nere mm ,.,. r..r , er e.•. n." C_10 .. MVAa IMCHT GP 110"'i G AMO URSAN OEVELOPMeNT COMMUNITY DCyeLOPMENT aLOCL GRAMT PROGRAM SUBCONTRACTOR'S CERTIFI.ATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO(APp,oprmb Rttlp",rik core CCT PnolecT MAMa 1. The undemigped, having eaccLted a contract with aarruuor or u eoaaaelRr or , arum a wit the amount of S in the COMflictim of the above-tden,fied project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, pannenhlp or association in which he has a subsrantmi interest is deutt9rued as an ineligible contractor by the Comptroller General of the United 5htzs pursuant to Seaton 5.6(h) of the Reguutims of the Sect of Labor, Part 5 (:9 CFR, part J), or pursuant to Section 3(a) of the Cavrs- Bacon Act. as amended (fo U.S.C. 276a-2(a)). (c) No pl., of the aforementioned contract has been or will be subaonlraaed to any suucuntractor if such subcontractor or any firm, corporation, partnership or assoctsum in which such subcontnactat has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid tegulatory or statutory provisions. 2. he agrees to able,, and forward to 1!ta cmvactar, for tnnsmrtral to the recipient, within ten days alter the execution of any lower subcontract, a Subconimclot's Certification Concerning Labor Standards and Prevailing \gage Requtiw Seem, Oxftuted Fry the lower bin subcontractor, in duplicate. (a) The wutharafte will repo, foe Silly on or about tot (a) The legal news and the 6as,lrtes add o', of the vndwspnad are•. s: •a1MGML PwO�wl[TORSMIrr 'lal •COwWwATIOM ONOl.w11[O IM TM [wsMu: I IO oTMew O.GAwlawTlaw ll7eaen6e/ (e) The aawo, lit[* attd add,*$$ of the owner, panners or office, of the unassigned are: C-11 (d) The naves and .j&", el ell .Iher Pert, bah na,41 and c.yemte, he" a and the ml... of the .abuanbcl I.tw.at le the uniwtlP..d, Intueat an/i/•� .o .rtr� M n�a: eUCn\ll nwTUwe 0• Ir.T[.11, /S.hwu ese ) B (5.dnai.n/ fTTrd .Y.ve ud Till.) IN U.S. Orivleal Code. Section 1010, Till. I/. V.LG. Pteddw In Peru "$"*aeon.... v.lee. P...". Ytto o, .1 ,uliti.hos ..T .41.vloV l"w §Ile e.v. to he felt* ..... .bd/ be tth.d .N m0re Nan SS.000 .e IvpA.mM ..t v.r. then 1.......... loth... C-12