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HomeMy WebLinkAbout2011-176ORDINANCE NO. 2011-176 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE RUTH STREET 8 INCH SANITARY SEWER REPLACEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4802-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, JAGOE-PUBLIC COMPANY, IN THE AMOUNT OF $187,025). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4802 Jagoe-Public Company $187,025 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 4802 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4 day of " ,2011. MARK A. B"URk0fJGHS1 MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: -y APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-0R �4802 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4 day of October A.D., 2011, 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 Jagoe-Public Company P.O. Box 250 Denton. TX 76202 of the City of Denton, County of Denton and State of Texas, hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid # 4802 — Ruth Street 8" Sanitary Sewer Replacement in the amount of $187,025 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton — Engineering_Department 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. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 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. TEST: Al� A BURGESS, CITY''ORNIrY CA-4 City of Denton OWNE BY: (SEAL) ��fooE - �u.�OI�G CO►ti-pAN� CONTRACTOR -f?'o . f;ox zSo 7—fxns ?4zoz_ MAILING ADDRESS 0- 387,- TSB/ PHONE NUMBER grgo- 38z-g'73-a.. F UMBER BY: ✓'c-c-Px-r.s . TIT 'gill c� et-,-, 7-,- . PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON Bond No. 8228-49-04 KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Conrpany ✓ whose address is P.O. Box 250 Denton TX 76202 hereinafter called Principal, and Federal Insurance Company a corporation organized and existing under the laws of the State of Indiana 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 Salled Owner, in the penal sum of One Hundred Eighty Seven Thousand and Twenty Five -'DOLLARS ($187, 025.0O us 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 stun of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2011-176 with the City of Denton, the Owner, dated. the 4 day of October_ A.D. 41 for Bid 4 4802 — Ruth Street 8" Sanitary Sewer Replacement 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 mid 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. NMI 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 hi Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas, IN WITNESS WHEREOF, this instrument is executed in four copies,�each one of which shall be deemed an original, this the 4th day of October , 2011 ✓ ATTEST: r B Y: SECRET Y ATTEST: ' "Tuff. M Jagoe-Public Company BY: VJ* c.a —PRESIDENT SURETY Federal Insurance CompanyBY: ,��42, Joht/Hankins, Witness BY: rLA � � k � ATT0RI 8Y-1N-FA Connie Jean Kregel The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Jeffrey Todd McIntosh STREET ADDRESS: 2505 N. Plano Road, Suite 2200, Richardson, TX 75082 (NOTE: Date of Performance Bond must be slate of Contract. IfResidentAgent is not a corporation, give a person's nan7e) PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON Bond No. 8228-49-04 KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company ✓whose address is P.O, Box 250. Denton TX 76202 hereinafter called Principal, and Federal Insurance Company V , a corporation organized and existing under the Iaws of the State of Indiana 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 heremaftey,-referred to, in the pe,4al sum of One Hundred Eighty Seven 'Thousand and Tw&nty Five v6OLLARS ($187,025Vn lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sura 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 sure of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 20 1-176, with the City of Denton, the Owner, dated the A day of October A.D. 2011, or Bid 4 4802 — Ruth Street 8" Sanitary Sewer Replacement 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. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four c es, each one of which shall be deemed an original, this the 4th day of October , 2011 ✓ ATTEST: BY: SECRET Y ATTEST: BY:�- John ankins, Witness PRINCIPAL Jagoe-Public Company BY: V, c..f- — PRESIDENT SURETY Federal Insurance Company BY: CP 1 W _� ATTO Y-IN-FACT Connie Jean Kreget The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Jeffrey Todd McIntosh STREET ADDRESS: 2505 N. Plano Road, Suite 2200, Richardson, TX 75082 (NOTE: Date of Payment Bond insist be date of Contract. If Resident Agent is not a corporation, give a person Is naine) �. kS lar 6e icChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 cr->tu�lla Know All by These Presents, That FEDERAL INSURANCE COMPANY''an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bert Guiberteau Jr. of Baton Rouge, Lou_ i,%mna Stephen L. Cory Melanie Stern and Pamela K. Tucker of Metairie, Louisiana; Connie lean Kee9ei✓�I d y Todd Mclntos� of Richardson, Texas -- each as their true and lawful Attorney in- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL, INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this l 6th day of March, 2011. A.,.thiC'=W4n,def, Assi n S cre ry David . orris, Jr�Presj0w*'— STATE OF NEW JERSEY County of Somerset ss. On this 16th day of March, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swam, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David S. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr„ and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal KATl ERINE J. ADELAAR N NOTARY PUBLIC Of NEW MRS" � Ni,Tr~Rk � Commission Expires July ld, 2014 Notary Public y PUBLIC 'dEF[9� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY -'COMPANY: "All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing extract of the By- Laws of 1he Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S, Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (III) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 4th �*e'►%narv�n DS dayof October, 2011 Kenneth C. W del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT Policyholder Information Notice IMPORTANT NOTICE To obtain i.nfor-lnation or make a complaint: You may call Chubb's toll -free telephone number for information or to make a complaint at 1-800-36-CHUBB You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800 252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx. us E-mail: ConsumerProtectionC tdi. state. tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o Para someter una quej a: Usted puede llamar al numeeo de telefono gratis de Chubb's Para informacion o Para someter una quej a al 1-800-36-CHUBB Puede comunicarse con el Departamento de Seguros de Texas Para obtener informacion acerca. de compariias, cober-iuras, derechos o quej as al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo Para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Form 99-10-0299 (Rev. 1-08) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, 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. Cl - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non -owned autos. CI - 11 [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City 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. Cl- 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. Services'include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services does not include activities unrelated to the project, such as foodibeverage 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: Cl - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) 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; Cl- 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 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. CI - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 5Nameof local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 0 No Yes B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes = No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06/2912007 CIQ - 1 BID No. 4802 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF RUTH STREET 8" SANITARY SEWER REPLACEMENT M 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 famished 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 pmvide the numeric unit price and the unit price in words for each quantity, Unit price in words governs over the numeric price given. It is further agreed that lump sum, prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. P-1 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 inconvemcnees 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: P-2 Project Name: Ruth Street 8" Sanitary Sewer Replacements BID TABULATION SHEET Calendar Days 60 Bid No. 4802 P.O. No. Item IDescription Quantity Unit Unit Price Total 103.3 SURETY BONDS 1 LS $ 8,715.00 / $ 8,715.00 Unit Price In Words EIGHT THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS AND ZERO CENTS 107.19.3 TRENCH SAFETY 1,655 LF $ 1.00 / $ 1,655.00 Unit Price In Words ONE DOLLAR AND ZERO CENTS Fi-07.2 PROJECT SIGNS 1 2 EA $ 450.00 / 1 $ 900.00 Unit Price In Words FOUR HUNDRED FIFTY DOLLARS AND ZERO CENTS F20-1 TEMPORARY EROSION CONTROL, SEDIMENTATION & WATER POLLUTION CONTROL 3,310 LF $ 0.50 / 1 $ 1,655.00 Unit Price In Words ZERO DOLLARS AND FIFTY CENTS F-202T SODDING 110 SY $ 5.00 1 $ 550.00 Unit Price In Words FIVE DOLLARS AND ZERO CENTS 2D3.3 GENERAL SITE PREPARATION 1 LS $ 4,000.00 / $ 4,000.00 Unit Price In Words FOUR THOUSAND DOLLARS AND ZERO CENTS F-5027-A CONCRETE MANHOLE (4' I.D.) (0-6 FEET DEEP) 7 EA $ 2,700.00 / $ 18,900.00 Unit Price In Words TWO THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS F502.1-B ADDITIONAL MANHOLE DEPTH (4' I.D.) (> 6 FEET) 1 10 1 VF 1 $ 140.00 / $ 1,400.00 Unit Price In Words ONE HUNDRED FORTY DOLLARS AND ZERO CENTS 502.10.4 4" SANITARY SEWER SERVICE INCLUDING CLEANOUT 39 EA $ 1,300.00 / $ 50,700.00 Unit Price In Words ONE THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS 507-A 6" SDR-35 SANITAR SEWER PIPE 20 1 LF 1 $ 44.00 / 1 $ 880.00 Unit Price In Words FORTY FOUR DOLLARS AND ZERO CENTS F507-B 8" SDR-35 SANITARY SEWER PIPE 1 1,655 LF $ 54.00 / $ 89,370.00 Unit Price In Words FIFTY FOUR DOLLARS AND ZERO CENTS 801.1 1 BARRIERS AND WARNING AND/OR DETOUR SIGNS 1 1 LS $ 1,800.00 / $ 1,800.00 Unit Price In Words ONE THOUSAND EIGHT HUNDRED DOLLARS AND ZERO CENTS F;s7oiCUT AND PLUG EXISTING SANITARY SEWER LINE 1 2 EA $ 200.00 / $ 400.00 Unit Price In Words TWO HUNDRED DOLLARS AND ZERO CENTS SS02 ABANDON EXISTING MANHOLE 2 EA $ 500.00 / $ 1,000.00 Unit Price In Words FIVE HUNDRED DOLLARS AND ZERO CENTS FSS03 REMOVE EXISTING MANHOLE 1 EA $ 600.00 / $ 600.00 Unit Price In Words SIX HUNDRED DOLLARS AND ZERO CENTS P-3 Project Name: Brown Street and Preston Place 8" sanitary Sewer Replacements Calendar Days 60 Bid No. 4802 P.O. No. BID TABULATION SHEET P-4 TOTAL BASE BID PRICE IN WORDS: D,J� /�iw�v2ty ��'G.�T St ✓ T�o c� s�o i ✓a �v r r i ✓E .L/o ,�. hart S .d-++�D Z E Ito G E..✓Ts 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 an 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. 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 sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. P-5 Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. I dated _ /zJo AIL a--Z, Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received E 4�0— CONTRXCTOR BY C—�' Street Address "d7—aW, i£,e.Xs 76 Zo z City and State Seal & Authorization (Wa Corporation) 9to - 3S Z • zS8 Telephone P - 6 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 (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: %,� :I11 COMPANY BY O SOX Z 5 0 Street Address OC nJTon1{ 7-Eau4,5 -74 2,v z- City and State THIS FORM MUST BE RETURNED WITH YOUR BID. P - 7 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: COMPANY BY �.- a - /.—X ZSd Street Address ,)L IvT0^1 , t,clL S 7e, Za Z City and State TMS FORM SHALL BE EXECUTED AT THE TDIE OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. P-S CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Recipient): COMMUNITY DEVELOPMENT DIVISON c/o BARBARA ROSS DATE f' F r"l PROJECT NUMBER B-10-MC-48-0036 PROJECT NAME Ruth Street 8` Sanitary Sewer Replacement 1. The undersigned, having executed a contract with THE CITY OF DENTON for the construction of the above -identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract: (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his/her subcontractors and any lower tier contractors is his/her responsibility: 2. He/She certifies that: (a) Neither he/she nor any firm, partnership or association in which he/she has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6 (b) of the Regulations of the Secretary of Labor, PartS(29CFR. Part5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.SC. 276a 2(a)). (b) No part of the aforementioned contract has been or will be subcontracted: to any subcontractor if such sub- contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He/She agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontracts, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He1She certifies that: -T-1®g _ P,,..(, 1. C- (a) The legal name and the business address of the undersigned are: o ' S C Y- 5 0 FED ID OR SS # ?rCT 33 6S7 J 'BRACE Information is optional. In the absence of a response, staff will determine race based on available information. (b) The undersigned is: (Check One) 11) A SINGLE PROPRIETORSHIP W6) A CORPORATION ORGANIZED IN THE STATE OF a�lJ3 (2) A PARTNERSHIP (41 OTHER ORGAMZATIONS (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: NAME I TITLE I ADDRESS '40K 30!88 7'X . IFIze �•�l �.L.. e c,� T2 !/r c.t - �iC.ESi pBnl� Z)EN Yoni t TX 7 tp to L— Print ortFype Name of Contractor & Date — V _4 U.S. DEPARTMENT OF HOUSING AD URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CD -4 SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO (Appropriate Redolent): COMMUNITY DEVELOPMENT DIVISION I DATE C/o BARBARA ROSS, COMMUNITY DEVELOPMENT OFFICE I PROJECT NUMBER 8-10-MC-48-0036 PROJECT NAME Ruth Street 8" Sanitary Sewer Replacement 1. The undersigned, having executed a contract with (T;mumdor orSubcmbuavr) for (Nah- OjWerp in the amount of $ in the construction of the above -identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract: (b) Neither he/she nor any firm, corporation, partnership or association in which he/she has a substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29CFX Parts), or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (10 U.S.C. 276a-2(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontract or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory of statutory provisions. 2. He/She agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about (fie) He/She certifies that: (a) The legal name and the business address of the undersigned are: FED ID OR SS # " RACE " Information is optional. In the absence of a response, staff will determine race based on available information. (b) The undersigned is: (Check One) (i) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE= OF (2) A PARTNERSHIP (4) OTHER ORGANIZATIONS (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: Print or Type Name of Contractor and Date CD-5 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF CQIVTRACTOR/SUBCON-I ACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Onis certification is required pursuant to Executive �l P olive Order 1I246 (30 R. fL 1231-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, 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 employment clause: and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. • CERTIFICATION BY BIDDIuR NAME AND ADDRESS OF BIDDER (include ZIP code) ms— Pw 6 l G (o:'7oA AJ t:, N 7-0 „1 1 Ttr �CA-S ? 6Lo'ti 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. fees 0 No 2. Compliance reports were required to be filed in connection with such contract or subcontract. 0 No has filed all compliance reports due under applicable instructions, including SF-100. 0 No 4. Have you ever been or are you being considered for sanction due to violation of Executive order 11246, as amended? El Yes 2'90- INAN l~, ALVU 1I1L1r UY 31UNER (Please type). SIGNATURE DATE eplaees tbrm HUD 423&.0 , wlurh is obsotew HLW 950.1 11-7 CD-6 Section 3 Clause The work to be performed under this contract is subject to the requirements of section 3 of the Housing and roan Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to nsure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part135. The contractor will not subcontract with any subcontractor where the contractor has notice knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7 (b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). • CD-7 OP ID: LB p►c-r�'�zr CERTIFICATE OF LIABILITY INSURANCE DATE01071/YYYY) 10/07/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) roust be endorsed. 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 endorsements . PRODUCER 504-834-6080 Cory, Tucker & Larrowe, Inc. P. O. Box 6646 504-835-7726 Metairie, LA 70009-6646 CO E°f PHONE No : E-MAIL D E55: PRODUCER JLEEM4 INSURER(S)AFFORDING COVERAGE NAIL 0 INSURED Jagoe-Public Company J. Lee Milligan, Inc. ` P. 0. Box 250 \�P� Denton, TX 76202-0250 \p� INSURERA:Travelers LIO s Insurance Co INSURER B:Travelers Property Casualty Co 25674 INSURER c:Texas Mutual Insurance Co INSURER D: INSURER E : r-nveOer-ee r_F,iTIFII'_ATF NUMBER: REVISION NUMBER: vTHIS IS TO CERTIFY THAT THE POLICIES .OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSJJRANCE ADDL SUBP Lwn POLICYNUMBER POLICY EFF POLICY EXP LIMITS A GENERAL LIABILITYV X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR 08555R619 ✓ 10)01111 10101112V 1,000,00 PREMISESeccurw= $ 300,00 MED EXP (Any one person)$ 5,00 PERSONAL 8 ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 2,000,00 GEMLAGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS-COMPIOPAGG $ 2,000,00 $ B AUTOMOBILE LIABILI ANYAUTO✓ ALL OWNED AUTOS SCHEDULEDA'UTOS.:PROPERTY HIRED AUTOS NON-OWNEDAUTOS 8708555R679 10101111 10101M2 CONBiNED SINGLE LIMIT $ 1,000,00 BODILYINJURY (Per person) $ SODILYINJURY(Peraomdert. $ rX�X DAMAGE (Per accident) $ $ $ g UMBRELLA LIAR EXCESSLIAB X OCCUR CLAIMS -MADE CUP8555R619 1oN1/11 10/01M2 EACH OCCURRENCE $ B4O00,OO AGGREGATE $ 8,000,00 DEDUCTIBLE RETENTION $ C . WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIET0R,PAR7NER/EXECURVE YIN OFFICEWMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A TSF00001072856 10/01/11 10/01/12 T ICYLIM 8 ER ELEACHACCIDENT s 1,000,00 EL DISEASE -EA Empl-oyWs 1,000,00 EL. DISEASE-POLICYLIMIT Is 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach AC9RD 101, Additional Remarks Schedule, if more space is required) Re: Ruth Street 8" Sanitary Sewer Replacement.✓ DENT002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE / THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Denton ✓ ACCORDANCE WITH THE POLICY PROVISIONS. 901 B Texas Street Denton, TX 76209 AUTMORUMREPRESENrATME / W TN36-LVVa FR.►AIX" li Vr[rv![F\i.V1Y. FYI N.V—.c.-- ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD R 0— DENT002 JLEEM 1 PAGE 2 NOTEPAD: , E NAME OP ID: LB GATE 10/07/11 If re uired byy �w�ritten contract signed by Named Insured, Qgiti Its Officials, Agents, Employees & Volunteers are name Mare sPrimar and Non-Contrlbutorybasis for coverappZdmpensafion provided VAiver of Subrogation for all coverages. "Said Policy shall not be cancelled, non -renewed or materially changed / without 30 days advance written notice being given to the Certificate Holder, except when the policy is being cancelled for non-payment of of premium, in which case 10 days advanced written notice required.