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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: � , � i ./ / .�. . . ��i����:��YIT� � : ►i . � , ` � AI�If A BURGESS, CITY ORN Y CA-4 Ci of Denton OWNE BY: , � �_ �2 (sEaL) ��fooE - �u.�OI�G Co►'Y��AN� CONTRACTOR �? �o , j3 oac z So 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 ����� �D� (� ��� 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 �o�� � 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. 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 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. CI - 10 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. 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. 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: CI - 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 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; CI - 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 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. CI - 16 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 f� �2 •� f a L — �+r-!� �i�G lAr�^-1vAN� � Print or ype Name ot Canvactor (� — ���i & Data Frii�r 5/OL nr� Y /GL � 7A Aodaess �, o, fio?c 3�! 8 8 �.�...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�✓� / -�? o . �x Z S'a ��, 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