2011-176ORDINANCE NO. 2011-176
AN ORDINANCE ACCEPTING COMPETITNE 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
AMOIJNT 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 fil�d according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER
4802
CONTRACTOR AMOUNT
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 sha11 comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of perfortnance 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
autharizes 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.
�� �j'���
PASSED AND APPROVED this the � day of (X�ULU ,2011.
/
MARK A. BU GHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRET�RY
BY: �, -y _
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: `` �
3-ORD- ' 4802
CONTRACT AGREEMENT
STATE OF TEXAS
§ COUNTY OF DENTON §
THIS AGREEMENT, rnade 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
Geor�e C. Campbell thereunto duly authorized so to do, hereinafter termed
"OWNER," and
Ja�oe-Public Compan�
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 worlc specified below:
Bid # 4802 — Ruth Street 8" Sanitary Sewer Re�lacement
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 (ar 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:
Citv of Denton — En ing eerin�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 sha11 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 worlc 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 subj ect 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, docwnents 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 sha11 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: �
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.�. . . ��i����:��YIT� � : ►i
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AI�If A BURGESS, CITY ORN Y
CA-4
Ci of Denton
OWNE
BY:
, � �_ �2
(sEaL)
��fooE - �u.�OI�G Co►'Y��AN�
CONTRACTOR
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A�.�,ro�, ��xns ?�Le�
MAILING ADDRESS
o- 38�- z�B/
PHONE NUMBER
�r�o - 38Z- y'73�..
F UMBER
BY: ✓'c.E.-�,c.E.S .
TIT
,�, ir c� ��,�, �,� .
PRINTED NAME
(SEAL)
PERFOR.N�ANC� $OND
STATE �F T��4S
COUNTY OF DENTON
Bond No. 8228-49-04
I�NUW ALL MEN BY THESE PRESENTS: That Ja�o��Public Con�panv ✓ whase
address is P.O. Box. 250 Denton T� 7d202
hereinafter c�tlled Princip3l, and Federal Insurance Company , a cozpoxatioll
axganized and exisfiing under the laws af the State of Indiana ,��
fully authorized ta transact business in �lie State of Texas, as Stt�ety, are held and firtrtly bound
urato fihe City oi D�nton, a municipal coxporation organized and existing under tlie ]avvs of the
State of Texas, liereinafter� ed Ov�mer, in the penal sunl of One Hundred Ei�htv Seven
Thousand an.d Twenty Five✓DDLLA.RS (�187, 025.O�us ten percent of the stated penal ��m
as an additio�al sum af inoney representing additional court expenses, attorneys' fees, and
liquidated damages azising Qut of or connected witli the below identified Contract, in lawful
money oithe T�nii:ed 5tates, to be paid in Denton Couniy, Texas, for th.a payment of which sum
well and truly ta be made, we he�eby bir�d ourseives, aur heus, executnrs, acknuustrators,
successors, and assigns, jointly anc� severally, firmly by these gresents. This Bond sl�all
automatically Ue incxeased by the amount o� auy Chauge Order or Supplernental Agreernent,
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 tiii.s Bond.
THE QBLIGATI4N TQ PAY SAME is conditioned as fallows: 'Vlhereas, �l�e Principal
entered into a certai.n Contract, ideni�fied by Ordizzance Number 2011-176 with the City of
D�nton, th,e Owner, dated the 4 day of �ctober_ A.D. 2 11 ��'ox
Bid # 48�2 — Rtrth Street 8" Sanitarv Sewer Replacement �
NOW, THEI�EFOR.E, i� the Principal shall well, tri�ly and faithfully perform and fiil%ll
a11 of the undertaIcings, covenants, ternls, �ondxtions and agreements of said Contract in
accordance wifh the Plans, Speci�ications anc� Cantract Documents during �lle origina! term
thereof and any extensiot� thereof wl�ich xnay be gtauted by tlze Qwner, witli or witliout notice to
the Sureiy, and during tl�e life of any guaranty or waixaniy required iuider this Contract, aa.ld shall
also well and truly perform and fiilfll all tI�e Luider#akings, oovenants, terms, canditions and
sgreements of �ny and alI duly autllorized modifica�ians of said Caniract that may hereaRer be
made, notice of wluch modifica�ians to the S►.�rety being hereby waived; and, if tlie Principal
shall repair and/or replace all de�ects due to faulty mateiials and worl�anship tl�at appear witlun
a periad of two (�) years from the date of final completion axid final accepta�.ice of the Worl� by
tlie Owner; and, ifthe Principal shall fvlly indemnify and save harmless the Owner fram all nosts
and damages which 4wner may su!'fer by reason of failure to so peiform I�ereiia. and shall fully
reimburse and repay Qwner all autlay and expense which the Owner may incl�r in malting good
any deiault or defzc�ency, then t1�is ob]igation s�all be void; q�erwise, it shall remain in fu11
force and effect.
C��1
PRQ'VIDED FLTRT�IER, that i�any legal action be filed upon this Bond, exclusive venue
shall lis in Denton Couniy; State of Texas,
AND PROVTDED FURTHER, that the said Svre�ty, for value received, hereby stipulates
and agrees that no change, extension of time, alteration �r additi�n to �Iie terms of the Coutract,
or to the Worlc to be per�o�med tizereunder, or to tl�e Plans, Specifications, Drawings, etc.,
accornpauyin� tlie same, s�l in anywise affeet its obligati�n an this Bond, and it daes hereby
waive notice a� any such change, extension of tinze, altera�ion or addition ta the terms oi the
Contract, or to tlle Work to be perfoimed ihereunder, ar to the Plans, Specifications, Drawings,
�tc. �
This Bond is given pursuant to the provisiox�s a�' Chapter 2253 of the Texas Government
Code, as amended, and any oth�r applzcable statittes o�the State of Texas.
The undersigned.� and designatcd agent is hereb� designated by the Suxety herein as ihe
TZesident Agent i�i Dentan County ta whom any requisite notices may be delivered and on whom
servi.ce of process may Ue had in anatters arising out af such surei.yslup, as pro�id�d by Article
7.19-1 of tlae Insurance Code, Vei�an's Annotated Civil Statutes o�fhe State of Texas,
IN WITNESS WHE�.E(7F, this instrument is executed in fQUr copies,�each one of which
shall be deemed az� Original, t%i.s the 4th day of October , 2011 ✓,
ATTEST;
r �
B'S�: -��C_
SECRET Y
AT'T`��T:
' : 1�, � ,
Jagoe-Public Company
BY: __��� -
ti,/; ca - P�tESIDENT
SURETY
� ���� Federal Insurance Company �
BY: �� ,
Joh�/Hankins, Witness J3Y; ��� � � �Q
ATT�RI - � Y-1N-FA
Connie Jean Kregel
'I'he Resident Agent af the Sttrety ui Denton Counfiy, Texas for deliveiy af notice and se�rvice of
tlie process is:
rjAjVlE- Jeffrey Todd McIntosh
STREET ADDRE55: 2505 N. Plano Road, Suite 2200, Richardson, TX 75082
(NOTE: Date of Pe�fo��mar�ce Boizd n�irst be clate of Ca�tiract. If R�sidentttgetzt is ��ot a co�paratron,
give a persnn's nan�e.)
PB - 2
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PA.XMEl�T BOI�
STATE OF TEXAS §
COUNTY OF DENTON
Bond No. 8228-49-04
IfN�W ALL MEN BY THESE �'RESENTS: That .Ta�oe-Public Company ✓whase
address is P.O, Bax 250. Denton TX 76202
hereina#�er Ca1.Ie[� �1'inCipa�, 8n.d Federal Insurance Company , a COTpor2t10ri
organized a�ad existing un.der the Iaws af the State of Indiana , �d
ful.ly authorized to transact Uusin�ss in the State oi Texas, as S�.�rety, are held and fu7rily bound
ctnto the City of Denton, a municipal corporation organized and existing tutder the laws of the
Stata of Te�as, hereinafter called Own�r, and uuto alI persons, f zms, and corparations who may
iurr�ish materials far, or per£orm labar upnn, the building or improvements hereix�ai�e� referred
to, in the pe 1 suzn of One Hunci�ed Ei litv Seven '�"h�usand and Twen Five �fiOLLA12.S
$I87.025 lawfizl money of the United States, to be pa.id in Dentan, County, T�xas, for fi�.e
�ayment o� wlucl� sum. well and truly to be made, w� l�ereby bir�d ourselves, oux heirs, execu.tors,
aclministrators, 5'LICC�S50TS, and assigns, jointly and severally, firmly by these presents. Tlzis
Bond sha�l autoznatically be increased by the amount of any Change arder ar Supplemental
Agreement which inczeases tlZe Gantract price, but' in no event shall a Change order ar
Supplemental Agxeement which reduces tlae Contract price d�crease the penai surn of tlus Bond.
THE OBLIGATION '�'O PAY SANIE is conditioned as follows: Whereas, the Principal.
entexed into a certaiu. Cantract, identified by Ordinarace IVumber 20 1�176, v�ith the City oi
Denton, tlae Qwner, dated tlie A� day of October A.D. 2011, or
Bid # 48Q2 — Ruth Street 8" Sanitarv S�wer Raplaaement
NOW, T�JEi7.EFOR�, ii the Principal shall well, tnxly and faith�ully p�rfor�. its duti�s
and make prompt �ayment to all persons, firms, subcontractors, cprporations and claim.ants
supplying �abor and/ar ruateriat in thte �rasecttfiion of the Wark provided for in said. Confiract and
auy and all dt�ly authorized rnodif cations of said Contract that may hereafter be made, notice of
which �nodifica�xons to the Surety beuig hereby expressly waived, then this obligation sha�l be
void; otherwise it sliall remain in full �arce and ei%ct.
PROVIDED FUR.TH�R, that if any legal action be filed on tlus Bond, exclusive venue
shall lie i_n Denton County, Texas.
AND PROVIDED FURTZ-iER, fliat the sa�d St�rei.y, for value received, hereby stipulates
aud ad ees tbat no change, extension o�time, alteratian or add.ition to the terms oithe Contract,
or to the Worlc to be performed �ereunder, or to the Plans, Specifications, Drawings, ete.,
accornpanying the same, shall in anywise aff�ct its obligation an tlus Bond, an.d it does hareby
waive notice of any such cliange, extension af time, aJ,tezatian or �.rlditian to tl�e terms of the
Contract, or to tlie Work to be performed ther�under, or to the Plans, SpecificatiQns, ]�rawings,
etc. '
. �;
T.his Bond is given puxsuant ta t.�e provision.s of Chapter 2253 o�the 'I'exas Government
Code, as amend�d, and any other a��licable statutes of the State of Texas,
The undersigned and designat�d agent is hereby designated by the Suxety herein as the
R.esident Age�it in Denton County to whom aray requisite notices ma� be delivered and on whom
serviee of process may be had in maiters ay.ising out of such sur�ty, as provided by Ai�ti�le 7.19-1
of the Insurance Code, Vern.fln's A.nriatated Civil Statutes af th� State o�Texas.
IN WITNESS WHEREOF, tlus instrum�nt is execut�d in four c�Sies, eaah one of which
shall be deemed an original, this the 4th day of octoner , 2011 ✓,
ATTEST;
�
BY: �
SECRET Y �
ATTEST:
BY: ��-
John ankins, Witness
PRINCII'AL
Jagoe-Public Company
BY: '�
1l i c..f. --� PRESIDENT
S�CJRETY
Federal Insurance Company �
�Y: � 'r��K(l.0 �P
��
ATTO Y�IN-FAC�
Connie Jean Kregel
The Resident Agent af the Surety in Denton Caunty, Texas fax delivery of notice and seivice of
tlie �rocess is:
jv,4NjE; Jeffrey Todd McIntosh
STREET ADDRESS: 2sos N. Plano Road, Suite 2200, Richardson, TX 75082
(N4TE.� D�rte of Ptryn2enf Bantl rrcxrst be dcrte of Cont�•cret. If Residefzt tlgent is nat a
corporatiotz, give a persa�t's narne. j
•; �
��iti
la� t�
Chubb PQWER Federal insurance Company Attn: Surety Department
OF yigilant Insurance Company f� �our+tain View Raad
Su�'�ty ATTORNEY pa��fic Indemnity Company Wa�ren, NJ 07059
cr-�u�a
Knaw All by These Presents, That �EQERAL INSURANCE CQMPAN , an Indiana corporation, VIGILANT INSURANCE
COMPANY, a New Yo�c corparatfan, and PACIFIC INDEMN�TY CQMPANY, a Wisconsin corporatian, do ea�h hereby const+tute and
appoint Bert Guiberteau ]r. o� 8aton Rouga, gou_ i�'ta �e� etephen L. Cory Melanie Stern and Pamela K.
Tucker of Metairie, �ouisiana� Cannie lean Kre e!✓� d y Todd McIntosS� of Richardson, Texas --
each as their true and lawful Attomey in- Fact ta execute under such designation fn iheir names and fo affix Ihelr corporate seals to and deliver for and on their bahalf as surety
therenn or oiherwise, bonds and unde�iakings and other wridngs o6ligatory In the nature thereo# (other than bail bonds) glven or execuied in the course o1 buslhess, and arry
instrumenis amendfng or altering the same, and consents to the modlfication or alteration of any instrument referred ta in said bonds or obligatlons.
I� Witness Whereof, saiq FEDERAI, INSURAMCE C�MPANY, VIQII.ANT INSURANCE COMPANY, and PACIFIC IM�EMNITY COMPANY fi�ave each executed and ariested
these presenis and affixed thelr corparata seals on this Y�h dav or March, 20i f.
_ -� ��'.� V �
an�reth C, Wertde , Assi n S cre ry Davld . orris, Jr., Vfce Prest
STATE OF NEW JEflSEY
ss.
Cnunty of Somerset
On thls 16th day of Ma�rch, 20� 1 before me, a Notary Public oi New Jersey, personaliy came ftennelh C. Wandel,lo me
known !a be Assistant Secretary of FEDERAL INSURANCE CO1v�PANY, VIGILANT 1NSURANCE COMPANY, and PACIFIC EN�EMiVITY COMPANY, the companies whlch
executed the foregoing Power of Attomey, an8 the said KenneEh C. Wendel, being hy me duly swam, did depose and say that he is Assixtant Secretary of FEDERAL
INSIJRANCE COMPAIVY, VIGILAN7 INSURANCE COMPANY, and pACIFtC iNDEMNITY COMPANY and knows 1he carporate seals thereof, that the seals aHixed to the
foregoing Power of Attomey are such corporate seals and were thereto aHixed by authoriry of the By- Laws of said Companies; and that he signed said Pawer of Attomey as
Assiatant SeCretary oi said Companies by Iike aUthoriiy; and ttiat he is aCquainted with David B. IVarrls, Jr., and knovus him ta be Vice President oi said Compenias; and that the
signalure of David B. Norris, Jr., subscrl4ed to said Power oi Attomey is in the genufne fiandwriting ct David B. Norris, Jr„ and was thereto subscribed by authadty of safd By-
Laws and in deponent's presence.
Notarial SeaE [(/{j+1�tt�N� J. /�D�L/1�4R
N, NOTARY PllBL4G OF NEW JEftSf1
N�.2316685 L%�,/�� ��
� NO��Rk � �mmisFi�n Expi�s luly �6, �Ol�
� ^�° � Notary Puhiic
y ��1B1�
•�'dEF[9� GER7fFICA'iION
Extract fram the By- Laws of FEDEFAL INSURANGE COMF�ANY, VIQILANT INSURANCE COMPANY, and PACIFIC INDEMfVITY�COMPANY: .
"A!I powers af attomey for and on behalf of ihe Company may and shell be executed in the name end on behali o1 Ehe Company, either by the Chairman ar the
President or a Vice President or an Asslstant Vice President, jaintly with the Secretary ar an Assislant Secretary, under their respective designations, The
stgnatura of such o�ficers may be engraved, prirtted or Nthogrephed. The signature Of eaeh of the fQllowing otfiCArs: Chelrman, President, any il�ce President, any
Assistanl Vice Presidenl, ariy Secretary, any Assistant Secretary and 1he seal aF ihe Company may be affixed by facsimlle to arry power oi attomay ar to any
certificate relating thereto appointing Assfstant Secretaries or Attomeys- in- Fact lor purposes only of executing and ailesting bonds and unciertakings and other
writings obligatory in 1he natura tf,ereof, and any such pawer af attomey or certificate bearing such facsimlle slgna[ure or faasimile seal shall be valid and binding
upon the Company and any such power so executed and certifled by such facs;mlle signature and faosimila seal shalf be valid and binding upon the Company
yvifh respect to any bond or undertaking to whioh it is aHached."
I, Kennefh C, Wendel, Assistant Secretary al FEDERAL INSURANCE COMPANY, Vf%iLANT INSURANCE COMPANY, and PACIFIC IND�Mf�ITY COMPANY
(the "Campanies"j do hereby certify that
(ij the foregaing extract oi the By- Laws ot 1he Companies is irue and correct,
(ii} the Companfes are duly licansed and authorized ta iransact surety bustness in all 50 of ths United States of America and ths �istrict 01 Columhia and are
auihorized by the U.S, Treasury Department; further, Federal and Vigiiant are liCensed tn Puerto Rieo and the U.S. Virgin Islands, and Federal is Ilcensed In
American Samoa, Guam, and each of tha Prwinces oi Canada except Pr(nce Edward Island; and
(iii} the foregofng 1'ower of Attomey is trua, cam�ct and in full force and eifect.
Given under my hand and seals of satd Companiea at Warren, NJ this 4th
�*e'►%narv�n ��;� �'9`duk�Fr
� � �
� � � --*— * �
+Y Y { s y �� �
�1Vn1AN� � �Y y�pl.
eayot October, 2011
.�
Kenneth C. W del, Assistant Secretary
IN THE EVENT YQU WiSH TO NOTIFY US OF A CLA1M, V�RIFY THE AUTliENTIGITY DF THIS BOND �R NOTIFY US OF ANY OTHER
MATTER, PLEASE CONTACT US AT ADDI�ESS LISTED A60VE, OR BY Tetephone (908� 9D3- 3A93 Fax (908j 903- 3658
e-mail: sure �chubb.00m
Form 15-10- d225B- U(Ed. 5- 03) C�NSENT
��1.1
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�
Policyholder Information Notice
IMPORTANT NOTICE
To obtain ulfoi-�nation or ivalee a coinplaiut:
You may call Chubb's toll-free telephone number
for information or to make a complauii at
1-500-36-CHUBB
You may contact the Texas Department of
In.surance to obtain information on com�anies,
coverag�s, iights or camplau�ts at
1-500 252-3439
You may wi-ite tlie Texas Department of Iusurailce
P O. Box 149104
Austiii, TX 78714-9104
FAX # (512) 475-1771
Web: htt�:/Iwww.tdi.state.t�.us
E-mail: ConsumerProtectionC tdi.state.tx.us
PREMIUM OR CLAIM DISPU i ES:
Should you have a. dispute conceining your premium
or about a claim you should contact f1�e agent first.
If tlze dispute is ilot resolved, you may contact the
Texas Depai-�meilt oi Ti7surance.
ATTAGH THIS N�TICE TO YOUR POLICY,-
This notice is for uiforination o�ly and does not
become a part or conditioil of the attached
document.
Form 99-10-D299 (Rev. 1-08)
AVJSO IMPORTANTE
Para oUtener informacion o para someier una
quej a:
Usted puede llainar al numero de telefano gratis
de ChuUb's para iiifoimacioll o pa.ra someter una
quej a al
1-800-36-CHUBB
Puede comunicarse cou el Departamento de
Segtuos de Texas para obtener iufoi-macion acerca
de compai�ias, caber-turas, derecl�os o quej as al
1-800-252-3439
Puede escribir a1 Depariamento de Seguros de
Texas
P.O. B ox 149104
Austiti, TX 78714-9104
FAX # (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtectionC�tdi.state.ix.us
DISPUTAS SOBRE PRIMAS O RECLAtVIOS:
Si tiene una disputa concenuente a su prima o a un
reclamo, debe comuuicarse con el agente pi�mero.
S1 ll0 se resueve la disputa, puede entonces
comunicarse cou el departaniento (TDn.
UNA ESTE AVISD A SU POLI�A:
Este aviso es solo para proposito de i_nfoimacion y
no se conviei-te en pai�te o condicion del documento
adjunto.
CITY OF DENT�N
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attentron is directerl to the insurance requirements below. It is highly recommencled
tlaat bidders confer with their respectrve insurance carriers or brokers to determine in advance
of Bid submission the �vailc�bilify of insurance certificr�tes r�nd endorsements ns prescribecl
ancl provirled herein. If c�n apparent low bidder fails to comply strictly with the insurance
rec�uirements, that bidder may be disqualified from award of the contract. Upon birl award, all
insurc�nce requzrements shall become contractu�cl obligations, which the successful bidder
shall have a duty to mrcintc�in througlzout the course of this contract.
STANDARD PROVISIONS:
Without Zimiting any of the other obligatzons 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 ce�tificates of insurance, containing the bid number and title of the
project. ContractoN 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 p�ior 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 accepterl, approve�l, an�l 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 dacration 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 sha11 reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor sha11 procure a bond guaranteeing payment of losses and
related investigations, claim aclmiiustration 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.
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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 dc�y written notice shoulrl any of the
policies described on the certificate be cancellerl or materially changerl
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.
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SPECIFIC ADDITIONAL INSURANCE REQUIREMENT5:
All insurance policies proposed or obtained in sntisfaction of this Contract shall �cdrlitionally
comply wiih the following marked specifications, and shall be maintaine�l in compliance with
tlzese aciclitional 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 Fortn GL 0404) is used, it sha11 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 endorsernent) 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 $lOQ,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
narned 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 sha11 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
Professionalliability 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.
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[ ] 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.
CI - 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 food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees_ of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entiTy prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
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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 proj ect.
F. The contractor shall retain all required certificates of coverage for the duration of the
proj ect 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 sha11 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 proj ect;
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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 a11 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 fa.ilure to cornply 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.
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doin business with local overnmental entit
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 7�h business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local go�ernment 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 o�cer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 Yes 0 No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the texable 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 rnore?
� Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopled 06/2912007
CIQ - 1
PROPUSA,L
�
THE G�TY OF DENTUN, TEXAS
�'OR THE CONSTRUCT�4N 4F
RUTH S7'REET 8" SANI�''ARY S�WER REPLA,CEMENT
�l
DENTON, TEXAS
BID No. 4802
• �
. �
1
'�'he undersigned, as bidder, declares thst #he only person ar parties ix�terested in this
proposa� as pri�ncipals aze those named herein, tha�t this proposai is made without callusion
with any other person, firm, ar corporation; that he has canefully examinecl the fox�n of
contract, Notice to Bictclers, specifica#ions and the plans therein referred to, and h�s earefully
examined the locations, vonditian�, and c�asses of materi�ls o� the propased work and agrees
that he will provide a11 the n,ecessary labor, machinery, toals, apparatus, �nd o�er items
incidental to constructian, and will do alI the work and furnish a11 the mate�ials called for in
the contract and specifieations in the manner prescribed herein and according to the
requirements of the City as therein set� forth.
It is understoocl that the following quantities of wdrk to �e done a� unit prices are
approximate only, arnd are intended PrincipallY ta serve as a guide in evalua�ting bic�s.
It is agreed t1�at the quantities of work tQ be done at wut prices and material ta be f�rn�ished
may be increased or diminished as may be considered necessaty, in the opi.nion �f the City,
to complet� the wvxk fully as plat�ned and contemplated, and that all quantities ui work
whether increased or decreased are tc� be perfrnmed at the unit prices set forth below except
as provic�ed for in the specifications. The co�ractor shaIl provide the nu�eric unit price and
the unit price in words frn each q�aantity, Unit pri�ce in worcis govexns over the numeric
price givezi. �
Tt is fiuu�thher agreed that lurnp sum, prices ma.y be increased. to cover additi.onal work ordered
by the City, but not shown on the plans ar remrired by the specificatiansy in accordan,ce with
the provisions to the General Cc�nditions. �ixnilazly, they may be d�czeased ta cover
dele#ion of work so ord�ered.
It is understood az�d agreeci th�t the work is to be completed in fuli withtn the number of
wori�days shown on the bid tabula�ion sheet.
P-1
Accompanying this pro�osal is a certified or cashie�s check or Bid Bond, payable to #he
Owner, in the amount of five perceat of the totai bid
It is understood that the bid security accompanying this p�oposal shall be returned to the
bidder, unless in case of the acaeptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond wit%in fifteen days after its
acceptance, in which case th� bid security shall become the property of the Ownex, auad shall
be cansidered as a pa.yment for damages due to de�a.y and other inconvenienc�es suffered by
the Owner on accaunt of such failure of the bidd�r. Owner reserves the right to xejeet any
and all bids. Owner may investigate the prior performance of bidder on o#her confra,cts,
either public or private, in evaluating bid �roposals. Should bic�der alter, char�ge, or qUalafY
any specification of the bid, Owner may autamatically disqualify bidder.
The undersigned hereby ProPoses and agrees to perForrm all work of whatever nature
requir�d, in s9rict accflrdance with the plans and specifcafiions, far the €ollowing sum or
priees, to wit:
P-2
Project Name: Ruth Street 8" Sanitary Sewer Replacements
BID TABULATION SHEET
�G-�o�- � �u.1�11�-i�.
Calendar Days 60
Bid Na. 4802
P.O. No.
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 IlV 1�7pRUS:
D.J� /�iw�v�u.v ��'G,�r St ✓ T� c� s�o i�✓a �v r r i✓'E
_.�o ,L..l,p� S.d-++�D Z b �t-o G E..✓Ts
Xn the event of the awar+d of a contract to � undersigued, the undersignad. will fiirnish a
perfvrniance bond and a payment bond far the full amount of the confiract, to secure proper
compliance vvith the terms and provisions of the conlract, to insure and guarantee t�e work
unti� final completion �and accept�nce, and to guai�inte� payment for a11 lawful. c�aims for
labor performed and materials fi�rnished in tiie fulfillment o�the contract,
It is understood that the work proposed to be done sltall t�e accepted, when fully completed
�d finished in aecaxdance with the plaus and specifications, ta th� s�.tis�ackion of the
Engineer.
The undersigned certifies that the bid priees containeci in this pmposal. have been c,arefully
checked and are submitted as con�ect and fmal.
Unit and %p sum p�ce� as shown for each item listed in this pr�posal shall control o�er
extensions.
The undersigned agrees this bid l�ecomes tiie properiy of the City of Denton after the
official opening. .
The undersigned affirms that they are �iuly authorized to execute #his contract.
Vendor hereby assigns to purchaser any and all claims �ar overcharges associated with
this contract which arise under the antitn�st laws of the United States, ZS USCA Section 1
et sea., and which arise under the antitrust la.ws vf the State of Texas, Tex. Bus. 8t Com.
Code, Sectian 15.01, et sea.
P-5
Receipt is hereby acknawledged of the following addenda to the plans and specifica�ions:
Addench�nn No. l dater,� �zJo ,✓�. �, Received
Addendum Ivo. 2 dated Received
Addendum ItiTo. 3 dated Received
Addendiun No. 4 dated Received
Addenc�um No. 5 dated Recei�ed
4� o E—�...b i� c. ��+�. pA.N,�,,
CO1�TI�'ACT�R
BY � 1.�-.
7? c. �� x 2. y o
Street Address
�� >a i✓, i� �c.�4-s 7 6 Z o z ,�
City and State
Sea1 & Authoriza�tion
(Ifa Corparation) �ri�o - 3S Z • �SS (
Telephone
P�b
VENDOR COMPLIAr€CE TU STATE LAW
The 1985 Session of the Texas Legislature passed House Bill 620 relative ta the award of
coniracts ta non z�esident iriddezs. This 1a�v provides th�t, in order to be awarded a contract
as �aw bidder, non-resident bidders {out-of-state oo�ractors whose carporate offices or
princigal place of business are outside of the State of Texas} bid projects fvx conslruction,
improvemez�ts, supplies or services in T�xas at �n amount lower than the lowest T�as
resident bidder by fihe same amount that a Te�as resident bidder wonld be r�quired to
underbid a non-rasident bidder in order t� obtain a comparable contract m tl�e stats in wlaich
the non-resident's pxincigai place of business is lvcated. The apprapnia#e blm�ks in Section
A bel.ow must be filled out by all out-o� state or non resident bfddcrs in order for pour bid to
meet specifieations. The failure of out-of-st�e or nan-resident � contractars to dv so will
automatica�ly disqualify that bidder. Resident bidders must check the blank in Section B.
A. Nott-resident bidd�rs in (give state), our principal place of
busine�.s, are requi�rced to be percent lovver than resident
bidders b�r s�ate law. A oopy of the statxite is aatached.
Nan-res�dent bidders ix� {give state), our principal piace of
business, are nat required to ut�derlrid resident bidders.
B. Our principal place of business or corporate offices are in the State of Texas: �-
:��� �
�f a �a o �. - t��--b �; c� �c r� �✓`. �/�
COMPANY �
BY � �..-�.
� O ��X Z 5 fl
Street Adchess
�E, n� To n1{ �E.x+4-s 7!p 7�0 �
City and Sta.te
THIS FURM M[lST BE RETURNE� WITH YUUR BID.
P-7
C�NTRAC°1'OR COMPLIANCE TO fiEXAS SAY,ES TAX CODE
Carnply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies
that the Corrtract Amount is tlivided as follaws:
Materials incarparated irrto t�ie FrojecE
(resotd to the Owner as defined iaY Tax codej
A�1 other charges and costs
Total
The total must equal the total amount of tlse Co�rtict.
CONTRACTOR:
' �! �--� o �. — �fn L 1; c. l.n' n.. �OA ��
COMPANY
BY �.�-
a . /.�x zs�
Stree# Address
. -� �, �T �a�l , �,clL S 7l� Za Z
City and Sta#e
� b S� 4��8, �s
$_ /Z�, 5"�e (�� z s
$ r 8 7�o z� a o
THIS F�RM SH.�LL BE E�CUTED AT T� TIlVIE OF EXECIJTIUN OF THE
CONTRACT AND SHAi1L BE M�iDE A PART �F'THE CONTRAGT.
P-S
CONTRACTOR'S CERTIFICATIQN
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REa,U1R�MENTS
Tp (Appropriate RecipientJ: COIvIIVIUNITY DEVELOPMENT DIVISON
c/o BARBARA ROSS
DATE / � g�(�
r
PRQJ�CT NUMBER B-'J Q-MC-48-0036
PRpJ€CT IVAME
Rutt� Street 8` Sanitary 5ewer Replacement
1, TF�e undersigned, having executed a contract with TFlE CI7Y OF QENTON
for the construction of the above-identified projeat, acknowledg�s that:
(a} The Labor 5tandards provisiarts are included in the aforesaid contract:
fb} Correctian of any infractions of the aforesaid conditians, including infractions by any af his/her subcontractors anr!
any lower tier contractors is hislher responsibility: '
2, HelShe certifRes that:
{a} Neither F�e/she nor any firm, partnership or association in which he/she has substentiai interest is designated as an
ineligihie �antractor by the Comptrotler General af the United States pursuant ta Section 5.6 (b} af the Regulations af
the Secretary of Labor, PartS(29CFR, PrrrtS) or pursuant to 5ection 3{a} of the bavis-Bacon Act, as amended (40
fI.SC. 276a 2(a)).
tb) No part of the aforementioned cor�tract has been or will be subeontracted to any subcontractor if such sub-
contractor or any firm, corporation. pa�t�ership or association in which such subcontractor has a substantial interest
is designated as an ineligible conVactor pursuant to any af the aforementioned regulatory or statutory provisions.
3. He/She agrees to obtain and forward to the aforementioned recipient within ten days after the execution flf any
subcont�act, including tF�ose exacuted hy his subcontractors and arry lower tier subcon#racts, a Subcontrsctor's
Certification Concerning La6or Sta�dards and Preuailing Wage Requirements exeGUted by the subcon#ractors.
�4. He1She certifies that: ��°g -��..�t, t' � C°'M p'aN�
( a} T h e l e g a l n a m e a n d t h e 6 u s i n e s s a d d r e s s a f t h e u n d e r s i g n e d a r e: �°' 6° x ���
� � n� i o e,1 � i' �7�14'S � � .a, o �..
FEE} ID OR SS #�S✓D� 33 6519 '�RACE
' informat+on is optional. In the absance of a response, stafF will determine race basad on evailable information.
{�} The undersigned is: (Cheek One)
ji} A SINGLE PROPAIETOHSHIP �(�,q ��RPORi4TIONi ORGANiZED IN TFEE STATE OF �
/ a��-3
{2} A PARTNERSHIP (4) OTHER pRGPtlVfZIITIONS (DescribeJ
ici The name, title and address of the owner� partners or afficers af the undersigned are:
NAME
s ��.�'�G
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•� f a L — �+r-!� �i�G lAr�^-1vAN�
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Print or ype Name ot Canvactor
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— ���i
& Data
Frii�r
5/OL nr�
Y /GL � 7A
Aodaess
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�.�...Aa.�l�e � 7�X � � l�� ZO
1� m , l�01�[ L�b
17� Yo�r , TX 7� z� L—
� U.S. DEPARTMENT OF HOUSING AD URBAN D�VELOPMENT
COMMUNITY dEVELOPMEM' BLOGK GRANtT PRQGRAM
GD -�4
SUBCONTRAGTQR'S CERTI�ICATlON
CONCERNIfVG LABOR S7ANDARDS AND PR�VAILIIYG WAGE REQU1R�l1AENTS
TO (Appropriafe Recf,plent}: COMMUNITY DEVEiAPMENI" DiVISIQN I DATE
C/o BARBARA RQSS, COMMUNITY dEVELOPMENT QFFICE I PROJECT NUMBER &1 Q-MC-4$-0036
PRQ.iE�T NAME Ruth Street 8" SaniEary Sewer
Repiacement
1. The undersigned, having executed a contract with
(�ontrzrdor orSubronb�uc[or)
for
lN�e ojaa`orxl
_ _ in the amount of $
in the construction of the above-identified project� certifies that:
{s} The Lsbar 5tanderds Provisions of The Contract For Consiruction afe included in the atoresa'rd eQntract:
fbl Neither he/s[�e nar any firm, wrparation. partnership or association in which haJshe hes a substantiat interest is
designated as an ineligibie contractor by the Comptro�ter C,enaral of the United States pursuant to 5ection 5.6tb1 af
the Regulations of the Secretary of Labor, Part S(29CFIt PartS), or pursuant to Sectian 3(a} of the aavis-Bacon Act,
as amended (10 U.S.C. 276a-2(a)).
(c) No part of the aforemer�tianed contract has been or will be subcotttracted tv any subconiractar if such subcantract
or any #irm, corparation, pannership or associaEion in which such subcantractor has a substantiai interest �s
desigr�ated es an ineligible contractar pursuar�t ta the aforesaid regulatory of statutory provisions.
2. Ma/She agrees to o6tain and forward to the contractor, for transmittal to the recipi@nt, within ten days after the execution
of any lawer subcon#ract, a Subeontractar's Certification Concerning Labor Standards and prevailing Yllage Requirements,
axacuted by the lower tier subcontractor, in duplicate.
�a) The workmen wiff report far duty on or about
. (I�el
�3. HefShe certifies tha#:
ie1 The legal narne and the busirtess address of tha undersigned are:
FED fd Oft SS # " RACE
` Informatian is optional. In the e6sence af a response, steff will deterrnine race based on availahle information.
(b} Tha undersigned is: (Cl,eck One)
(i} A SINGLE PROPRIETORSHIP t3) A CORPOAATION ORGANIZED IN THE STAY'� OF
(2f A PARTNERSHIP f4� OTHER DRGAIVIZATl�NS jDescribe)
{c1 The narne� title and address af the owner, partr►ers or officers of the undersigned are:
Print or Type Name ot ConVactor
and Qate
CD-5
U. S. DEPAft'TIV�NT OF HOUSING AND URBAN DEVELOPMENT
CERTIFTCATIaN QF CQIVTRACTOR/SUBCONTRACTQR REGARDING E�UAL EMPLOYMENT
OPPORT[JNITY
�is eertification is r airad ursna�t to Facec ' .
� P �ve Order 1 I24b (30 F. R 1231-25). The implementing ru[es and regulations provide tt�at any
bidder pr prospecrive contractor, or any af their propase� subcontractars, shall state as an initial pa,rt of the bid or negotiations of the contract
whether it hns participat�d in any previaus cantract or subaont�act subject to the equal apportunity employmtnt clause: and, if so, whet�er it
has filed all comgliance reports due under applicable instr�ctions.
Where the cerkification indica,tes that the biddec has not fi�led a compliance report due under app�icabIa instruatians, such bidder shal! be
required to su6mit a eompilance report within se'�ren calendar days after bid opening. No contract shall. be awatded tt�iless such report is
submi4ted.
CER'1'II�TCATION BY SIDD�R
' NANIE AND ADDRESS OF BIDDER (include ZIP eode}
�
�
�_c�.� e�—�w 6 l G Co w..�oR�✓�
/
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��, N T"o �1, T�, �CA-s ? 6'Lo 'ti
1. Bidder has participtited in a previous caniract nr subconiract subject fo flie Equal apportunity Qause.
I��es L7 No .
2. CompIianc� reports were required to be �il� in connection with such contract or subconiaac�
� fl No
has filed all campliaace reparts due ander applicable instructions, inc[udmg SF-lOD.
I7 No
4. Have you ever been or are you being considered for sanction due to vialation of ExecuHwe Q�der 11245, as ameaded?
�€ �es e'�
NAME AND TITLE OF SIGNER (Pleas� type).
' �/—z--. `�'�-o.t� — �i.�...��'ri�� p/8'�/ �
SIGNATiJRE DATE
eplaces fwm 4?38.c , wlur� �s o olete .I 1 t-7
CD-6
Sectian 3 Clause
T�xe wark to be performec� under this contract is sui�ject to the requirem�nts af section 3 of the Hausang and
�rban Developmenfi Act af 1968, as amended, 12 U.S.C. 1701u (section 3�. The purpose of section 3 is to
nsure that emplayment and other econamic oppartt�ties genera.ted by HUD assistance ar �I(TD-assisted
pr�jects cavered by section 3, shall, to the greatest extent feasible, be directed to l�w and very low income
persons, particularly p�rsons wlia are recipients of HUD assis�ance for housing.
'The parties to this contract agree to camply with HUD's regulatians in 24 CFR par� 135, whieh implement
section 3. As evidencect by their execution of this con#�r�ct, the parties to this contract certify that they are u�der
n° �ontractual or at�i�' i�npediment tha# wou.id prevent them from complying with the part 1;5 regulations.
The contractor agrees to send to each labtxr Qrgani2ation or repres�ntative af vcrork�ers wi#h whieh the contractor
has a coilective �a.rgaining agreement or other understanding, i�f any, a notice advising the labor organiza,tion or
workexs' repres�ntative of the eontractor's commitmems under this section 3 cIa�ase, and wi11 gost copies of the
notice in conspicuous plaees at the work 5ite where both emgloyees and applicants for training and employment
pasition,s ean s�e the notice. The �otiee sI7all describe the section 3 preference, sha11 set forth m�nimum nwnber
and j ob tit�es subject to h�r�, availability of �.pprenticeship and training positiar�s, the qualificaxioxrs for eacY�;
and fhe name and locativn af the person(s) taking applica.tions for each of the positians; and the anticipat�d date
the wark shall begin.
The eontractar agraes to include this section 3 clause in every subcan#ract subject ta eomplia.n.ce with �
regulations in 24 CFR Part 135, and agaee�s to take appropriate a.Gtion, as pr�vided in. an applicable provi�sion of
the subcontraet or in t.�is section 3 elause, upon a finding khat the subcontractor is vn vivlation af the reguIaiions
in 24 CFR part 135. The contra�ctor will not subcontract with auy subcontractor where the contxactQr has notice
� knawledge tha� the subcantra��tor has been faund in violation of the regulatiens in 24 CFR part 135.
The c�ntractor will certiiy that any vacant employm.ent positions, ineluding t�a.ining positi�ns, that are filled {1)
at}er t�e cantractor is selecterl. bu# before the contraet is executed, and �2) with gersons othex thau t�ose to
whom the regu(a�ions of 24 CFR par� 135 require employment apportunities to be directed, were not filled to
Gircu�n�ent the contractor's obligations under 24 CFR park 135.
i�loncompiiance with HLTD's regulations in 24 CFR gart 135 may result in sanctians, termination of this cantract
for default and debarnnent or sv.spenszon fram fizture HLJI1 assisted contracts.
With respect to work p�rformed in connectian with section 3 covered Iud.ian housing assistance, sectian 7(b} of
the Indian Self-Detenmination ag,d �ducation Assistance Act (25 U.S.C. 45ae} alsa applies �to the wark to be
per.formed uuder this contract. Section ?{b) requires tha.t to the greatest exten� feasible (i) preference and
opportuni�ies for i�aining and employment shaIi be given to Indians, and (ii) preference in the awarc� of
contracts and sub�antracts shall be given to Indian organi�tions and Tndian_oyvned Ecc�ilamie Enterpzises.
Parties to this contract that are suhjeet ta the provisions of section 3 and seciion 7(b} agree to comply with
�ecrio� 3 to the maximum extent feasible, but not in derogation of compliance with sectia� 7(b).
�
CD-7
�,��� v r � u
A�'�''�'�'� CERTiFICATE OF LiABiLITY INSURANCE �aTE(MMIDDM'YY)
�,,,�: 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 COVERAOE 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 UNSURED, tfie policy(ies) must be �dorsed, if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this oertificate does rwt confer rights to the
certificate holder in lieu of such endorsement(s). _
PaooucEx
Cory, Tucker & Larrowe, Inc.
P. �. Box 6646
Metairie, LA 70009-6646
INSURED ,lagoe-PublicCompany
J. Lee Milllgan, Inc.
P. O. Box 250
Denton, TX 76202-0250
504-834-508U
( �, f �`�\�
v
���c�
E:
Insurance Co
Texas Mutual Insurance Co
COVERAGES CERT�ICATE NUMBER: REVISION NUIII�ER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELaIV HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INOICATED. NOTWITFISTANDIIVG ANY REQUIREMEfVT, TERM OR CONDITION OF lNIY CONTk2ACT OR OTHER DOCUMENT WffF# RESPECT TO WHICH THIS
CERT9F'ICAT'E MAY 'BE ISSiJED OR ,h9AY PERTAPN, THE INSWRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO f�L�L T'ME TERMS,
EXCLUSiDNS AND CQNDff�O1�S OF SUCH POL�ICIES. LIMITS SHfJVVN MAY HAVE 8EE(J REDUCED BY PAID CLAIMS.
INSR ADDL SUB POLICY EFF POIJCY EXP LIMITS
TYPEOFINS RANCE POLICYNUM
GENERAL LfABILITY p���� $ i.00O,OO '�
A X COMMERCUILGENERALLIABILfTY 08555R679 ✓ 10N1M1 �omu�2 �a„�S �,,;�„ce $ 3oo,oa
CLAIMS-MA�E � OCCUR MmE%P(Anyorreperson S 5,00
P�St£OTdAL 8 AUV !WdURY S 7,000,00
cEnr�aALRCCRECa� � 2,000,00 ✓
na
GEN'LAGGREGA7ELIMffAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2�000,00
POLICY X PRa LOC $
AUTOMOBILE LIA61/L! / caua�E° smc� uMR y 1,000 00 '�
10I01M1 10/01M2 �� �
B X ANYAUTO�/ 8708555R679✓ gppILYINdURY(Perperson) 8
ALLOWNEDAUTOS . 9pDILX1NSURX(Peraci+de+�. S
' SCWEDLVLEDA'UTQS ��. :PRQPERTY���DAMAGE I $
X HIRED AUTOS (Per accident)
X NON-0WNEDAUTOS $
S
UMBRELIA LIAB X OCCUR EACH GCCURRENCE $ H�OOO�OO
EXCESSLIAB CLAIMS-MADE qGGREGA7E $ H�OOO�OO
g CUP8555R619 7oN1Hi 10/01M2
. DEDUCTIBLE $
'� REfENTION
WORKER5COMPENSATION WCSTATU- OlH-
AND EMPLOYERS' LIABILITY y� N T� Y LIM S ER �
C ANYPfdOP72lE70R�Af2TNER/FXECUTNE M/A TSFD000'1072856� ��ro�J%� 'l0107/72 ELEACHAOCIDFNT S �r000r00
OFFICER/MEMBEREXGLWED? � 1,Od0,00 �
(MandalaryintJH) ELDISE/lSE-FAEMPL $ �
. Ifyes, describe under EL. �ISEASE-F'OLICYlRuIIT �+������
DESC I ON OF OPEIiA S 6elow
UESCRIPTION OF OPERATIONS 1 LOCATIONS ! VEHICLES (Attach ACg�o 101, Addttional Remarlcs Schedule, if morc space is requlred)
Re: Ruth 5treet 8" Sanitary Sewer Replacement.✓
City of Denton v
907 B Texas Street
Detrton, TX 76209
DENT002 I
SHOULD ANY OF THE ABOVE OESCRIBED POLIGIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELPVEREO IN
ACCORDANCE WITH THE POLICY PROVISIONS.
MITHOR�OREPRESENTA7NE /
`i �,j ,.� ii
T`��-Fs�Y _f; ��1�^..iE-i�
O 7988-2009 ACORD CORPORATlON. All rights reserved.
ACORD 25 (2009109) The ACORD nart�e and logo are registered marks of AiCORD