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2014-120• . r . � 1 � 1' ♦ �. ! , �... ♦ ; l �. R ,�. . �� ! I � � �..... ♦ ,' ♦ ♦ ;R' � �.. ♦ � �� .� • � � . • . : ! � :. . � l:� � ,,. • ....� � . ,. . •...... � � :� '. � �: � � ♦.... , �' � . �. : � �, :��. • .;.. .. ! I ' • R � ! , ♦ ,' ♦ ' 1' � � 1 � ,. � ��. . ., � � . , �� . • ! '' •* � �'••' R • �� C � • •''� !' � � :! !�� !: �+ : � � I .R ! '�. � ♦ •�: � . ♦ � . � � '. , I!:�� .. • ......� ......... �I �� ,....� • ....�'� WHEREAS, the City has solicited, received and tabulated competitive bids for the constructian 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 warks or improvements described in the bid invitation, bid propasals and plans and specifications therein; NOW, THEREFORE, • • • ! • � : •��. `a11�:"�°7��1 l. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 5522 Jagoe-Public Company $2,747,026.70 SECTION 2. The acceptance and appraval of the above competitive bids sha11 not constitute a contract between the City and the person submitting the bid for construction af such public works or improvements herein accepted and appraved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notificatian of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts far the performance of the construction of the public works ar 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, canditions, 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 autharity ta take any actions that may be required or permitted ta be performed by the City of Denton under File 5522 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval af the above competitive bids and the execution af contracts for the public works and improvements as autharized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant ihereta. SECTION 6. This ordinance shall became effective immediately upon its passage and approval. i'�5��1� ,�l�i� .!�1'�'CtC�"VliI7 t��i� c��;; �,;: . cl��r c�I' ° ;� v_�_..m......�� 2014. . �� 1. I � �.. � :R' . (, �' . i � B A . � �.:. �--� �.. � � � �� • . :, � .: • �. � �: • � ... [ . 1 � . � � ♦ • �� '.. ! : ' •' � � � � .^' ` �� 6 � Y � w- r .�„' A � '�;� :'�,+ , y > s, BY. � �_., - �.,W........,.,.,�.,�...._,_._...._m.,�.. �" -_.e. ,r��;. � 1 CYK�Ii�i� �'li]`a�i7 a�► , � � . 1 ■. . ■ i ' � i !, 1 1 , ) ; 1 ' � 1 �. THIS CONTRACT is made and entered into this 6th day of Mav 2014, by and between JAGOE PUBLIC COMPANY. a corporation, whose address is 3020 Ft. Worth Drive Dentan Texas 75205, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home-Rule City, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and the subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. WITHNESSETH: That for and in consideration of the payments, covenants and agreements contained herein, and under the conditions expressed in the bonds attached hereto, Contractor agrees with the Owner to commence and complete the performance of the work specifed within the agreement, in the amount of $2,747,026.70 and for the mutual benefits to be obtained hereby, the parties agree as follows: -�. �, . Contractor shall provide construction services in accordance with the City's IFB# 5522, and the Contractor's propasal in response thereto, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes as "Exhibft A— Exhibit I". The Contract consists of this written agreement and the following iterns which are attached hereto and incorporated herein by reference: (a) Contractor Response to IFB#5222 - Pricing (Exhibit "A") (b) Negotiated Scope of Work and Services and Technical Requirements, Drawings, Graphs, Charts, etc. (Exhibit "B"); (Technical Specifcations and Drawings are available at the Office of the Purchasfng Manager and at http://www.cityofdenton.com/departments-services/departments_�- p/materials-mana�ement-purchasin�-distribution-center-/b_ids-and- .�. � w..�.,.,.,.�..�.�.,�. � �� .� nroposals/current-bids-pronosals (c) Contractor Payments and Performance Milestones (Exbibit "C"); (d) City of Denton Standard Terms and Conditions and Cantractual Requirements (L' i�lllblt 6S�'!�f (e) Special Terms and Conditions (Exhi6it "E"); (� Payment and Perfarmance Bonds (Exhibit "F"); (g) Insurance Requirements and Dacuments frorn Contractor (Exhibit "G"); (h) Contractor's Business Informatian (Exhibit "H"); (i) Contractor Response to RFP - Conflict of Interest Questionnaire (Exhibit "I"); These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to this written Contract, and then to the contract documents in the sequential � �"' '1 :l�� - ll� 1- ` -:� ! �: 1 ;' � � - � � � - �. � - � ;- - -1 .+ - 1 f. .�!` - ��. ATTEST ;� ' � f,� � r �� -il r �� r� � ��- BYo . _ �" I: . . � � �" . . , �. . . ,. .� _. ,, �. ,. � �" '� � ' _ _ ._ - By. � ' � .�� ;� .� � ,... i � , � ' ,r ..� .s � � i` � r By� � � � r� � �' .� �"s'"� �. �� ,� ��" ____ —_. ,� . 4� �. .. AUTHORIZED ��CATL7RE . � . •�� _ . � . ,- ., 1 . � � � r r .��•. • � . r � � ► CITY OF DE ON, TE S A Texas unicipal Corporation �� r��y Y�� --- .,.�� ,�� Y .::� �._ ..�.� -.�..�`_� � _;� �:�� T�� C. C PBELL CITY AGER Exhibit A Contract Pricin� Details IFB 5522 It is understood and agreed that the work is to be completed in full witlun the time specified in the General Provisions. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of fve percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the %llowing sum or prices, to wit: Contractor shall also complete and submit Exhibit 1— Pricing Sheet in addition to inserting the total base bid amount listed below. BID SUMMARY TOTAL BASE BID PRICE IN WORDS: ' �r ,� �r � � : . ,� 1 .�_.�. -� �:__. .:.. q. The award of the contract will be based on the Total Base Bid. The lowest responsive proposal for purposes of award shall be the conforming responsible bidder offering the lowest cost for the base bid. In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Owner's Representative(s). The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and �inal. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. Page 13 of IFB # 5522 IFB 5522 The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitxust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea, Receipt is hereby acknowledged of the following addenda to the plans and specifications: AddendumNo. 1 dated �1•�j•(�' Received y�(•('{ � ..�__�. Addendum No. 2 dated Received Addendum No. 3 dated Received mN�� m� � �..�.....,... Addendum No. 4 dated Received Addendum No. 5 dated Received �..� � _.....�..� _ �_�oFi��u6�,r� ._e..... CON'�OR � BY ��.� " �� .{";,,i��'��, � __.__ �..� . � � -:::_ �"T. 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N Oo ..''... N � T w fJ� <O O ti�� O o�� o o��.. o � o� o ��.. o o co .� o ai .i +000wwin00000p oio:i'v�i,n O! O O O OD OD ��.0 �� O O, O O' O Q O' UI (r �� O O Exhibit B Required Sco�e of Work and Services Technical Requirements, Drawin�s, Graphs, Cha�� etc. Scope of Work Scope of Work The intent of this RFP is to obtain complete construction of the Hickory Street Irz�.provement Project as detailed in City of Denton Invitations for Bid #5222, and a response submitted by Jagoe Public Company. The work for which proposals are being solicited is described in detail in the Technical Specification contained in Exhibit 2, and the Drawings in Exhibit 3 of this RFP. The proposal submission shall accurately describe the Proposer's understanding of the objectives and scope of the requested construction and provide an outline of the process to complete the requirements of the project. Special Notice and Additional Requirement(s): 1. Additional safety precautions shall be instituted by the awarded contractor, as the work environment will be in an area where citizens and employees may be present, and work safety must be coordinated with the owner, 2. The Contractor shall be responsible for all spoil removals, and any excess soil that will require removal. 3. It is understood that the basis for payment on the work to be done according to the final plans and specifications shall be a lump sum fee as set forth in Contractor' Bid Proposal. Any quantity estimates supplied by Designer or Owner are intended only as a guide to the bidder. Bidder is responsible for making his own quantity estimates and bidding from his own examination of the work to be done. 4. A schedule of Bidder's Quantities and Unit Prices is to be filled out as a part of this bid. Extensions of units and unit prices must total up correctly. CONTRACT ADMINISTRATION SUBMITTALS and REQUIREMENTS A. General: the General Conditions, Supplementary Conditions and Special Conditions provide definite times for Contractor to submit certain lists, qualiiications, price breakdowns and schedules for administrative procedures including but not necessarily limited to the following: B. List of Subcontractors: before the execution of the Contract, the bidder awarded the contract ti—�..� will submit to the Owner for approval a list of all Subcontractors, and/or his major Subcontractors, proposed to use. This list will include each Subcontractor's correct name, mailing address and phone number. C. Contractor'sSuperintendent: The Contractor shall submit the name and qualificaiions of the person designated as Project Superintendent withinten(10)daysofthereceiptoftheNoticeof Award Letter. D. Contract Price Breakdown: upon executionoftheContract, the Contractor shall submit to the Owner for approval a breakdownof theContractprice, itemizing material and labor for various classifications of work. H. As-BuiltDrawings_ The contractor shall maintain a coznplete set of Contract Drawings in his possession, upon which he is required to note in red, or other clear manner, all deviations, fnal dimensions and explanatory notes arising out of actual work installed or performed in the field, and showing exact locations of such work, including trades. Notes on these drawings shall indicate installed locations and dimensioned clearances. Contractor to furnish an as- built drawn from an aerial photo identifying course, irrigation (including all components, buried or otherwise), major and minor drainage lines and related structures, all underground utilities, location of buried trees and debris, limits of topsoil, extra borrow areas, and other significant construction which could reasonably be foreseen to affect future operation. All as-built(s) shall be supplied in CAD format. I. ProjectManuals: Contractor shall supply Owner a project manual for operations of all mechanical systems to be included under this contract in a manner satisfactory to Golf Course Designer, his sub-consultants and Owner's representatives. J. ScheduleofTests,Submittals: A schedule of anticipated tests and submittals begins on the next page. Additional submittals may be required. INSURANCE — All insurance requirements are detailed in Attachment A- City of Denton Insurance Requirements. MEETINGS A. Pre-ConstructionConference: Prior to start of work, a conference between the owner and Contractor will be held to discuss provisions of the contract documents, explain administrative procedures and coordinate the work effort. Time of pre- construction conference will be stated in the Work Order letter for the Contractor. Attendance by Contractor and Contractor's Superintendents is mandatory. Owner will schedule meeting and provide meeting place. 2. Attendance: The following are expected to attend: • Owner's Representative. • Consultant's Construction Administrator. • Representatives from Sub-Consultants • Contractor's General Superintendent, Project • Superintendent and Project Coordinator • Representatives of major subcontractors 3. Agenda Items: • List of major Subcontractors and Suppliers • Tentative construction schedule • Critical work sequencing • Major equipment deliveries • Designation of responsible personnel • Procedures and processing of field decisions, proposal requests, submittals color coordination, change orders, and applications for payment. • Other business C. MinutesoflVleetin�s: Contractor shall take notes at pre- construction and progress meetings and distribute them to those concerned in the form of minutes within four (4) calendar days after meeting. SURVEYS, MEASUREMENTS AND LAYOUTS A. General: The Owner will provide property surveys. The Contractor shall be responsible for all control point staking as required. The Contractor's responsibility for verifying conditions is defined in the Standard General Conditions. B. Surveys,MeasurementsandLayoutOutofWork: The Contractor will establish from survey information on drawings all lines, grades, and levels and will be responsible for maintenance and accuracy thereof. Exhibit C Contractor Pavment and Performance Milestones 1. INVOICES AND PAYMENT PROCESSING: Payment nrocessin�: The City review, inspection, and processing procedures for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Proposals which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the intention of the City of Denton to make payment within thirty days after receipt of valid invoices for which items or services have been received unless unusual circumstances arise. The 30 day processing period for invoices will begin on the date the invoice is received or the date the items or services are received, whichever is later. Direct deposit for navments: Contractors are encouraged to arrange for receiving payments through direct deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website; www.dentonpurchasin .�com. Invoices: Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299 with a copy to the attention of John Davis, City of Denton Engineering Division, 901 B Texas Street, Denton, TX 76209. The copy may also be emailed to Mr. John Davis at john.davis(a�cityofdenton.com. Invoices must be fully documented as to labor, materials, and equi�ment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payraents shall be made on invoices not listing a Purchase Order Number. Invoices for partial payments on construction projects should normally be presented for payment within the first five days of the month, and submitted on the AIA Pay Application Form. 2. TAX EXEMPTION: The City of Denton quali�es for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certiftcates must comply with State Comptroller's ruling #95-0.07 and #95-0.09. 3. PAYMENT APPLICATIONS AND PAYMENTS TO CONTRACTORS: A. Upon presentation of valid payment requests invoices, which should be within the first week of each month, the Owner shall make partial payments to the Contractor for construction accomplished during the preceding calendax month on the basis of completed construction certified to by the Contractor and approved by the Owner and Architect/Engineer solely for the purposes of payment: Provided, however, that such approval shall not be deemed approval of the workmanship or materials. Only ninety- five percent (95%) of each payment request approved during the construction of the project shall be paid by the Owner to the Contractor prior to completion of the project. Upon the approval by the Owner of the Contractor's "Final Invoice for Payment" showing the total cost of the construction performed, the Owner shall make payment to the Contractor of a11 amounts to which the Contractor shall be entitled there under which shall not have been paid: Provided, however, that such final payment shall be made not later than ninety (90) days after the date of completion of construction of the project, as speciiied in the Final Invoice for Payment, unless withheld because of the fault of the Contractor. B. The Contractor shall be paid on the basis of the percentage of the work actually completed for each construction item. The total amount paid for periodic billings shall not exceed the maximum contract price for the construction of the project as set forth in the contract, unless such excess shall have been approved by the Owner, and Owner's Representative, and in writing by the Purchasing Agent as part of a change order. C. No payment shall be due while the Contractor is in default in respect of any of the provisions of this contract, and the Owner may withhold from the Contractor the amount of any claim by any third party against either the Contractor or the Owner based upon an alleged failure of the Contractor to perform the work hereunder in accordance with the provisions of this contract. This includes alleged failure of the Contractor to make payments to subcontractors. 4. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR: Release of Liens and Certificate of Contractor shall be accomplished in accordance with Article 5.3 of the Standard Terms and Conditions. 5. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS: The Contractor shall pay each rnaterialman, and each subcontractor, if any, not later than five (5) days after receipt of any payment from the Owner, the amount thereof allowed the Contractor for and on account of materials furnished or construction performed by each materialman or each subcontractor. 6. REMEDIES: A. Completion of Contractor's Default If default shall be made by the Contractor or by any subcontractor in the performance oi any of the terms of this proposal, the Owner, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the Surety or Sureties upon the Contractor's bond or bonds a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor such default shall be corrected or arrangements for the correction thereof satisfactory to the Owner and/or Engineer shall be made by the Contractor or its Surety or Sureties, the Owner may take over the construction of the project and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and its Surety or Sureties shall be liable to the Owner for any cost or expense in excess of the contract price occasioned thereby. In such event the Owner may take possession of and utilize, in completing the construction of the project, any materials, tools, supplies, equipment, appliances, and plant belonging to the Contractor or any of its subcontractors, which may be situated at the site of the project. The Owner in such contingency may exercise an.y rights, claims or demands which the Contractor may have against third persons in connection with this contract and for such purpose the Contractor does hereby assign, transfer and set over unto the Owner all such rights claims and demands. Exhibit D Citv of Denton Construction Terms and Conditions and � contractual reauirements GENERAL PROVISIONS SPECIFICATIONS This project shall be constructed by utilizing the October 2004 edition of the North Central Texas Council of Government's Standard Speciiications for Public Works Construction (NCTCOG, liereafter . Any permissible deviation from those specifications sha11 be noted either in the General Provisions, Special Contract Requirements and Bid Item Definitions, City of Denton Amendments to NCTCOG Specifications, or the Construction Plans. ��TI(�N OF PROJECT This improvement project is totally located within the city limits or extra territorial jurisdiction of the City of Denton, Texas. A map showing the general location of the improvements is included in the plans, SCOPE OF WORK The work to be performed under this contract consists of furnishing all materials, labor, supervision, tools and ec�uipment necessary for the construction of street, drainage, and landscapin� improvements as described in these specifications and the plans entitled "Hickory Street Roadway Improvements from Locust Street to Railroad Avenue". PLANS AND SPECIFICATIONS Electronic copies of the bid invitation with information to bidders, bid proposals, plans, and speciiications can be downloaded for free at the City's purchasing website, www. dentonpurchas i ng. com. Plans and specifications may also be obtained at the Purchasing Department, 901-B Texas Stxeet, Denton, Texas 76209, upon non-refundable deposit of one-hundred ($100) dollars. CON CTO 'S SU NCE Contractors shall refer to Attachment A for all City of Denton insurance requirements. PROPERTY 1NSURANCE Contractors shall refer to Attachment A for all City of Denton insurance requirements. `UMBRELLA' LIABILITY 1NSURANCE Contractors shall refer to Aitachment A for all City of Denton insurance requirements. POLICY �NDORS�M�NTS AND SPCCIAL CONDITIONS Contractors shall refer to Attachment A for all City of Denton insurance requirements. PERFORMANCE AND PAYMENT BONDS PERFORMANCE AND PAYMENT BONDS (a) Subject to the provisions of these general conditions and the NCTCOG specifications, the Contractor shall, with the execution and delivery of the Construction Services Agreement, furnish and iile with the Owner in the amounts required in this Paragraph, the surety bonds described in Clauses (a)(1) and (a)(2) below, which surety bonds shall be in accordance with the Charter of the City of Denton and the provisions of Chapter 2253, Texas Government Code, as amended; each bond shall be signed by the Contractor, as Principal, and by an established bonding company, as surety, meeting the requirements of these general provisions and the NCTCOG speciiications, and approved by the Owner. The surety bonds shall be accompanied by an appropriate Power-of-Attorney clearly establishing the extent and limitations of the authority of each signer to so sign: (1) Performance Bond. The Contractor shall have on file with the City of Denton, Texas, before execution of the contract a good and sufficient performance bond with an approved surety in an amount equal to one-hundred (100) percent of the total cost of this project, guaranteeing that the workmanship and materials furnished under these specifications and used in all parts of said improvements are in all respects iirst class and of such kind and quality that for a period of two (2) vears from the completion and final aceeptance thereof bv the said Citv of Denton, the improvements shall require no repairs, the necessity for which shall be occasioned by defects in said workmanship or material. If, however, during the said period, in the opinion of the Mayor and City Council, the said improvements or associated structures and equipment shall require repairs and the necessity for such repairs, shall, in their opinion, be occasioned by defective workmanship or materials furnished in the constxuction of any part thereof or any of the accessories thereto, built by this Contractor, then such repairs, on due notice being given at any time during said period, by the City, to the Contractor, shall promptly be made by the Contractor in the following manner: Upon notice from the City, served at any time during the period of said guarantee, the Contractor shall at his own expense take out and remove all worn out, inferior or defective materials found in the improvements as shown on the plans or any other part of the improvements or accessories thereto, and good acceptable materials shall be substituted therefore, including any materials that have become injured, or have become damaged by reason of their being in close proximity to such imperfect material or workmanship, the Contractor shall take up, repair and/or replace all improvements as shown on plans, that have become defective if found to be so during the term of said guarantee. Final determination will be made by the Owner's Representative. Should the Contractor fail to make such repairs as are deemed necessary, written notice to make the repairs shall be given by the City to the Contractor and the Surety. If said Contractor or Surety shall fail or neglect for a period of ten (10) days to make such necessary repairs as herein provided, then the City shall have the right with or without further notice, to proceed to make such repairs or cause the sazne to be done either by contract or otherwise at its option and to pay for the cost of such repairs. Emergency repairs to improvements may be required due to extreme weather, faulty materials, or any other cause. When the public safety is jeopardized, the City of Denton may deem the situation an emergency. At this time, the Contractor shall have 4 hours notification bv telephone to complete the repairs or the City may complete the work itself. (d} The failure of the Contractor to execute the Contract or deliver the required statutory bonds and evidence of insurance within ten (10) days after the Contract is awarded or as soon thereafter as the Owner can assemble and deliver the Contract shall constitute a material breach of the Contractor's bid proposal and the Owner may rescind the Contract award and collect or retain the proceeds of the bid security. By reason of the uncertainty of the market prices or materials and labor, and it being impracticable and difficult to determine accurately the amount of damages occurring to the Owner by reason of the Contractor's failure to execute and furnish the statutory bonds and to sign the Contract within ten (10) days, the filing of a bid proposal with the accompanying bid security will be considered as an acceptance of this sub-paragraph. In the event the Owner should re- advertise for bids, the defaulting Contractor shall not be eligible to bid, and the lowest responsible bid obtained in the re-advertisement shall be the bid referred to in this Paragraph. TIMC ALLOTTED FOR COMPLETION The number of days for this project is shown on the Bid Tabulation Sheets to be two hundred and ten (210) calendar days, or December 31, 2014 for final completion. The Contractor is permitted to work every weekday which is not a Federal, State or Local holiday from 7:00 am to 6:00 pm. Work requiring City inspection oversight must be restricted to the hours between 8:00 am to 5:00 pm unless arrangements are made with the City beforehand. The Contractor will not be allowed to work on Saturdays unless prior arrangements are made with the City. The Contractor will not be allowed to prosecute the work on Sundays without written permission by the City due to the noise ordinance. Exceptions to the noise ordinance require approval by City Council and will require careful coordination and planning between the Contractor and City. A Work Order shall be submitted by the City to the Contractor prior to the beginning of construction, The Work Order shall consist of a written request by the Owner's Representative for the Contractor to proceed with the construction of the project. The Work Order shall specify the starting and ending date of the project construction. The City may set the starting date of the project construction at any date subsequent to the Work Order notification. The Work Order will be issued upon receipt of the executed contract and surety bonds from the Contractor. The Contractor will be required to execute the contract and furnish the surety bonds within 10 business days of receipt of the approved City Contract per NCTCOG Item 103.5. Failure to complete the work within the allotted time shall make the Contractor liable for liquidated damages at the daily rate specified per NCTCOG Item 108.8. The amount of liquidated damages shall be for each calendar day over the original or extended project end date. The City reserves the right to deduct monies due to the Contractor in the amount of the liquidated damages incurred on the pxoject as per terms of NCTCOG Item 108.8 at a minimum. Actual, documented damages provided by the City which are greater than the minimum amounts shown shall govern. Assessn�ent of liquidated damages by the City shall not constitute a waiver of the City's right to sue and collect additional damages which the City may sustain by the failure of the Contractor to perform in accordance with the terms of its Contract. The City will be the sole judge as to whether extensions of the Contract Time will be issued. The Contractor must submit extensions for time in writing within fourteen (14) days of the alleged delay per NCTCOG Item 108.8. Failure to do so will automatically render any claim for extension null and void. Normal weather related delays (e.g. rain) will be considered sufiicient grounds for extension of time for projects defined by work days but not for projects defined by calendar days. The Owner shall NOT be liable for any claim for additional time or compensation as a result of the Owner's denial of pernaission to use explosives. Where use of explosives is permitted by the Owiner, the Contractor EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE for the determination as to whether explosives shall actually be used, and for any result from the use, handling or storage of explosives, and shall INDEMNIFY, DEFEND AND HOLD COMPLETELY HARMLESS the Owner, its officers, agents and employees, and the Engineer against any and all clairns, lawsuits, judgments, costs or expenses for personal injury (including death), property damage or other harzn for which recovery of damages is sought, suffered by any person or persons, as the result of the use, handling or storage of the explosives by the Contractor or a�y Subcontractor, REGARDLESS OF WHETHER SAID USE, HANDLING OR STORAGE WAS NEGLIGENT OR NOT, AND REGARDLESS OF WHETHER THE DAMAGE OR INNRY WAS CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, OR THE ENGINEER AND ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES. In the event of conflict with any other indemnity paragraph in this Contract, this paragraph controls. This indemnity paragraph is intended solely for the benefit of the parties to this Contract and is not intended to create or grant any rights, contractual or otherwise, to or for any other person or entity, The Contractor shall furnish the Owner and the Engineer with evidence of insurance sufficient to cover possible damage or injury, which insurance shall either include the Owner and the Engineer as additional insureds or be sufficiently broad in coverage as to fully protect the Owner and the Engineer. All explosives shall be stored in a safe and secure manner, under the care of a competent watchtnan at all times, and all storage places shall be marked clearly "DANGEROUS-EXPLOSIVES." The method of storing and handling explosives and highly flammable materials shall conform to Federal and State laws, City of Denton ordinances, and the City of Denton Fire Department regulations. The Contractor shall notify any telecommunications and public utility company and any private property owners having structures in the proximity of the Project Site of the Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the telecommunications and public utility companies and private property owners to take such steps as they may deem necessary to protect their property from injury. The notice shall not relieve the Contractor of any responsibility for damage resulting from any blasting operations. (� The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in this section caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under clauses under this section, except damage ox loss attributable to acts or omissions of the Owner or Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor or any of its Subcontractors. The foregoing obligations of the Contractor are in addition to the Contractor's obligations within this general provisions and the NCTCOG specifications. To the extent that any such damage or loss may be covered by property insurance or other insurance required by the Contract Documents, the Owner and the Contractor shall exercise their best efforts to make a claim and obtain recovery from the insurers to provide for the cost, in whole or in part, of the repaix work or to provide for reimbursement for such damage or loss. BARRICADES. LIGHTS, DETOUR ROUTES, AND SIGNS The Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, flashers, signals, and signs, and shall provide such other precautionary measures for the protection of persons and property as are necessary. Safety to the working forces and the general public shall be of uppermost consideration in scheduling all construction activities. In all instances, refer to the Contract Plans, Drawings, and Technical Specification, located within Exhibit IV. All signs and barricades shall be constructed and erected to conform to standards as established in the latest edition of the Manual on Uniform Traffic Control Devices. From sunset to sunrise, the _,.�.� . �......_� Contractor shall fiu�nish and maintain at least one battery type flasher at each barricade and a sufficient number of barricades shall be erected to keep vehicles or pedestrians from entering hazardous work areas during construction. The Contractor will be held responsible for all damages to the work due to failure of the barricades, signs, lights, and watchmen required to protect the work area. The Contractor's responsibility for the protection of the work shall not cease until the project has been accepted by the City. If, in the opinion of the Owner's Representative or his duly authorized representative, the barricades and signs installed by the Contractor do not properly protect the work area, the Contractor shall immediatelvi cease all other work activities and correct the deficiency in proper barricading. The Contractor shall provide an ultimate effort toward safe and smooth flow of trafiic during work hours. Flagmen shall have standard reflective vests and flags as minimum equipment. Flagmen shall also be knowledgeable as to the correct procedures for flagging and shall be aware of traffic patterns and traffc needs. All broken, damaged, or ineffective barricades or signs shall be remaved from the project and replaced within two (2) hours after notification by the Owner or his designated representative. No work will be allowed to begin prior to proper placement of all barricades and signs. The Contractor shall designate a person who will be in charge of all barricades and signs. This person shall be knowledgeable of all current regulations of law regarding proper procedures for barricading in construction areas. All detours, closures, partial closures, or other construction activities that require a major displacement of trafiic shall require a one week advanced notice so that the City can comtnunicate this information to the public. A barricading meeting will be held by the City with the Contractor's superintendent, the person in charge of the barricades, and the foreman in charge of the particular construction to be done. specially designed for the Contractor's planned work methods and procedures. The SPRP shall be designed to complement all applicable safety standards, fire prevention regulations, and pollution prevention policies and procedures. The SPRP shall include estimates of the quantity and rate of flow should equipment fail, and detail containment or diversionary structures to prevent spills from leaving the site or migrating into adjacent properties or navigable waters. The SPRP shall include methods of recovery of spilled tnaterials and all applicable twenty-four (24) hour ezx�ergency phone numbers, including without limitation that of the Owner's Project Manager or other designated representative. The Contractor shall not connmence any iield work prior to approval of such plan by the Owner. The following additional rules shall apply with respect to spills caused by the Contractor or a Subcontractor: (1) The Contractor shall immediately report any spill or release at the Project site, whether or not it is associated with this Contract, to the Owner's Project Manager or other designated representative. Thereafter, within two (2) working days after the occurrence of such event, the Contractor shall submit a written report describing such event in a degree of detail reasonably acceptable to the Owner. (2) The Contractor shall immediately respond in accordance with the SPRP in the event of a spill. (3) The Contractor shall dispose of spilled materials in accordance with EPA and Texas Commission on Environmental Quality (TCEQ) regulations and any other applicable federal, state, or local laws, rules, or regulations. In connection with such disposals, the Contractor shall use only those transporters and disposal facilities that are approved in advance in writing by the Owner. A copy of all transport manifests for the spilled materials shall be obtained and retained in the Contractor's xecords for reference purposes, to be provided upon request of the Engineer, the Owner, or any governmental regulatory agency with jurisdiction over the matter. ALL COSTS OF COLLECTION, CONTAINMENT, AND DISPOSAL OF SPILLED MATERIALS SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. (4) For purposes of this Subparagraph (e), the term "spill" includes any kind of environmental discharge or release. (e) Clean Air Management Plan. The Contractor shall comply with the Clean Air Management Plan submitted to and approved by the Owner during the contractor selection process. The Owner reserves the right, at the Contractor's sole expense, to require the removal or retrofitting of any equipment used in the course of construction that does not comply with the Plan subznitted to and approved by the Owner. ( fl The Contractor shall deposit surplus or waste excavation or other materials removed as part of the Work at a legal disposal site in accordance with all applicable state, federal, and local laws, rules, regulations, and ordinances. The Contractor shall submit to the Owner for review and approval all planned disposal sites or proposed uses for the surplus or waste excavation or other materials prior to removal of any excavation or other material from the Project site. A copy of all transport manifests for surplus or waste excavation or other materials shall be obtained and retained in the Contractor's records for reference purposes, to be provided upon request to the WATER FOR CONSTRUCTION Water used for any uses including sprinkling, testing, and flushing of pipelines, or any other purpose incidental to this project, will be the responsibility of the Contractor. The Contractor may obtain the water from any source, including the City of Denton. In the event that the Contractor obtains the water from the City, the Contractor shall make the necessary arrangements for securing and transporting such water and shall take such water in such a manner and at such times that will not produce a harmful drain or decrease of pressure in the City's water system. The Contractor shall make arrangements with the City to provide the water required and the Contractor shall pay for the water at the prevailing rate. STAKING LINES AND C7RADF The Contractor shall furnish control staking for all alignments, grades and elevations which the Contractor may need to complete this project. The Contractor shall protect and maintain the control staking. Any survey stakes or markers that are disturbed by the Contractor shall be replaced by the Contractor immediately at the Contractor's expense. The Contractor shall furnish suitable material, labor and expertise to erect and maintain adequate working stakes, batter boards, or laser equipment for construction as the job progresses. U. S. POSTAL MAILBOXES The Contractor shall be fully responsible for maintaining and protecting all existing U.S. Postal mailboxes during the construction period. Postal mail delivery must be maintained on a daily basis to all postal delivery points within the project area. For projects that require a section of road to be completely closed to traffic, the mailboxes shall be relocated to a nearby street corner where they shall be placed for temporary delivery service. The Contractor shall relocate the boxes working in cooperation with the Postal Director and the City. Following the coznpletion of the work, the Contractor shall restore all postal boxes to their previous locations or as close as is possible. Because of the legal significance of the postal delivery service, the Contractor shall consider this responsibility as a first priority. Mailboxes shall be placed 42" above the ground and located directly behind the back of the cuxb. Both measurements shall be the front lower face of the mailbox. FOREMAN DESIGNATION REQUIREMENTS The Contractor shall designate in writing a foreman for the project at the preconstruction meeting. This foreman shall make every effort to cooperate with the City Inspector and shall not be an equipment operator at any time unless authorized in writing by the City. Communications and work methods shall be established early and maintained throughout the project at satisfactory levels for both parties. MATERIAL SAMPLING AND TESTING Unless otherwise stipulated in the contract documents, initial testing of all materials, construction items or products incorporated in the work shall be performed at the direction of the Owner's Representative and expense of the City, including initial compaction and density tests deemed necessary. cause for the City to restore the property on its own and then deduct the restoration cost frozn the monies owed the Contractor per NCTCOG Item 107.26. LETTERS OF RELEASE A Letter of Release from each property owner affected by the project is required prior to acceptance of any public improvement, particularly when the Contractor has performed work outside of City right-of-way or public easements. The letter should state that the owner finds the restoration of the property acceptable. The Contractor will be held responsible for restoring disturbed property to a condition at least equal to the condition that existed prior to construction. The Contractor will not be held responsible for repairing prior damage or for excessive or unreasonable requests of the property owner. Whether a property owner's request is reasonable or not will be determined by the Owner's Representative. PARTIAL PAYMCNTS/PROGRESS PAYMENTS Partial payments will be made within thirty (30) days of receipt of an undisputed invoice and acceptance of work performed. Only complete and in place items will be paid for and no payment will be made for materials on hand (disregard that line item on the invoice submittal form). A five percent (5%) retainage will be held by the City, calculated using the total work complete to date of the partial payment. Workday or calendar day counts for each month should be agreed on before being submitted on the partial estimate. Counts will be considered iinal when processed for payment. (a) After the Owner's Representative has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Engineer, if applicable. The Owner shall not be liable for interest on any late or delayed progress payment or final paynnent caused by any claim or dispute, any discrepancy in quantities, any failure to provide supporting documentation or other information required with the Application for Payment or as a precondition to payment under the Contract Documents, or due to any payment the Owner or the Owner's Representative has a right to withhold or not certify under the Contract Documents. Notwithstanding the foregoing, the Owner may xefuse to make payment on any Certiiicate for Payment (including, without limitation, the iinal Certificate for Payment) for any default under the Contract Documents, including but not limited to those defaults set forth in these general provision and the NCTCOG specifications. The Owner shall not be deemed in default by reason of withholding payment while any Contractor default remains uncured. (b) The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of each Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractors portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner. (c) The Owner's Representative will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Engineer and the Owner on account of portions of the Work done by such Subcontractor. (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) a consent of surety to final paynaent; and (5) if required by the Owner, other data establishing payment or satisfaction oi obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. (c) As a precondition to final payment by the Owner under this Contract, the Contractor's afiidavit under Clause (b)(1) shall state that the Contractor has paid each of his subcontractors, laborers or materialmen in full for all labor and materials provided to him for the Work under this Contract. In the event the Contractor has not paid each of his subcontractors, laborers or materialmen in full, the Contractor shall state in the affidavit the amount owed and the name of each subcontractor, laborer or materialmen to whom such payment is owed. IN ANY EVENT, THE CONTRACTOR SHALL BE REQUIRED TO EXECUTE THE OWNER'S STANDARD AFFIDAVIT OF FINAL PAYMENT AND RELEASE AS A PRECONDITION TO RECEIPT OF FINAL PAYMENT. (d) If, after Substantial Completion of the Work, final completion of the Work is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion and the Owner's Representative confrms the delay, the Owner shall, upon application by the Contractor and certification by the Owner's Representative, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully conn.pleted or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Owner's Representative prior to certification of payment. Payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. (e) The acceptance by the Contractor of the final payment shall operate as and shall be a complete release of the Owner from all claims or liabilities under the Contract, for anything done or furnished or relating to the Work or the Project, or for any act or neglect of the Owner relating to or connected with the Work or the Project. DELAYS AND EXTENSIONS OF TIME (a) If the Contractor is delayed at any time in the progress of the Work by an act or neglect of the Owner or Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending a claim, or by other causes which the Engineer determines nnay justify delay, then the Contract Time shall be be at no cost to the Owner and will continue until the Contract Time is restored. In the event of a delay for which the Contractor is entitled to a time extension, as determined by the Owner's Representative, Owner may similaxly direct acceleration and the Contractor agrees to perform same on the basis that the Contractor will be reimbursed only to the extent described in these general provisions and the NCTCOG specifications. THE CONTRACTOR EXPRESSLY WAIVES ANY OTHER COMPENSATION RESULTING FROM ACCELERATION, SUCH AS LOSS OF LABOR PRODUCTIVITY OR EFFICIENCY. TERMINATION BY THE OWNER FOR„CAUSE (a) Notwithstanding any other provision of these General Conditions, the Work or any portion of the Work may be terminated immediately by the Owner for any good cause after giving seven (7) days advance written notice and opportunity to cure to the Contractor, including but not limited to the following causes: (1) Failure or refusal of the Contractor to start the Work within ten (10) days after the date of written notice by the Owner to commence the Work. (2) A reasonable belief that the progress of the Woxk being made by the Contractor is insufficient to complete the Work within the specified time. (3) Failure or refusal of the Contractor to provide sufficient and proper equipment or construction forces to properly execute the Work in a timely manner. (4) A reasonable belief that the Contractor has abandoned the Work. (S) A reasonable belief that the Contractor has become insolvent, bankrupt, or otherwise financially unable to carry on the Work. (6) Failure or refusal on the part of the Contractor to observe any requirements of the Contract Docutnents or to comply with any written orders given by the Engineer or the Owner as provided for in the Contract Documents. (7) Failure or refusal of the Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Owner's Representative. (8) A reasonable belief by the Owner that collusion exists or has occurred for the purpose of illegally procuring the Contract or a Subcontractor, or that a fraud is being perpetrated on the Owner in connection with the construction of Work under the Contract. (9) Repeated and flagrant violation of safe working procedures. (10) The filing by the Contractor of litigation against the Owner prior to completion of the Work. (b) When the Work or any portion of the Work is terminated for any of the causes itemized above or for any other cause except termination for convenience pursuant to .(d) The Owner shall not be required to obtain the lowest bid for the Work of cotnpleting the Contract as described in these provisions, but the expenses to be deducted from the Contract Sum shall be the actual cost of such Work. In case the Owner's expense is less than the sunn which would have been payable under the Contract, if the same had been completed by the Contractor, then the Owner may pay to the Contractor (or the Surety, in the event of a complete termination for cause) the difference in the cost, provided that the Contractor (or the Surety) shall not be entitled to any claim for damages or for loss of anticipated profits. In case such expenses for completion shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of the excess to the Owner on notice from the Owner for excess due. When only a particular part of the Work is being carried on by the Owner by contract or otherwise under the provisions of this Subparagraph, the Contractor shall continue the remainder of the Work in conformity with the terms of the Contract, and in such manner as not to hinder or interfere with the performance of workmen employed and provided by the Owner. (e) The right to terminate this Contract for the convenience of the Owner (including but not limited to nonappropriation of funding) is expressly retained by the Owner. In the event of termination for convenience, the Owner shall deliver at least ten (10) days advance written notice of termination for convenience to the Contractor. Upon the Contractor's receipt of such written notice, the Contractor shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Wor.k in place. The Contractor shall then be reimbursed by the Owner in accordance with the terms and provisions of the Contract Documents, not to exceed actual labor costs incurred, materials stored at the Project site or away from the Project site as approved by the Owner but not yet paid for, plus actual, reasonable, and documented termination charges, if any, paid by the Contractor in connection with the Work in place which is completed and in conformance with the Contract Documents to the date of termination for convenience. No amount shall ever be due to the Contractor for lost or anticipated profits. TEMPORARY SUSPENSION OF THE WORK (a) The Work or any portion of the Work may be temporarily suspended by the Owner immediately upon written notice to the Contractor for any reason, including but not limited to: (1) the causes described ir� Termination for Cause Clauses (a)(1) through (a)(10) above; (2) where other provisions in the Contract Documents require or permit temporary suspension of the Work; (3) siivations where the Work is threatened by, contributes to, or causes an immediate threat to public health, safety, or security; or (4) other unforeseen conditions or circumstances. (b) The Contractor shall immediately resume the temporarily suspended Work when ordered in writing by the Owner to do so. The Owner shall not under any and specifications. The Contractor will be required to present a proposed project schedule at the meeting. Location of the meeting shall be at a location designated by the City, Call Greg Slackstone, City of Denton Inspections Department @ 940-349-8904 for specifics at least 48 hours in advance of the meeting. For privately funded projects, a minimum of three current, City approved sets of plans shall be provided to the City of Denton at the beginning of the preconstruction meeting by the Consulting Engineer. II. Plans and Specifications: A current set of City approved plans and specifications shall be in the possession of the contractor on the first day of the project. These shall be shown to the City of Denton Inspector before any work is allowed to proceed on that project. A legible set of plans shall be retained by the contractor throughout the project until its completion. III. Final Acceptance Procedures and Conditions: The following are to be applied at the discretion of the Owner's Representative to the public improvements being inspected by the Public Works Inspection Department. This is an effort to speed completion of projects to final acceptance which should increase the efficiency of the inspection process being provided. A. Final Acceptance of Straet or Sidewalk Improvements 1. As-built drawings from the Consulfiing Engineer 2. Cleanup of the work site including sweeping the streets or sidewalks in a dust free manner. 3. Asphalt Cores - Depth 4. Concrete breaks all meet specification, 5. Valve boxes & Manholes in street raised to proper elevations and working. 6. All services (water & sewer) stamped on curbs. 7. Revegetation of the work site established to specifications. B. Fina1 Acceptance of Water, Sewer, and Storm Sewer Improvements 1. As-built drawings from the Consulting Engineer 2. All required tests pass (air, water, bacteriological samples, etc.). Fire hydrants must be raised to final elevation prior to testing. 3. Cleanup of the work site including sweeping the streets or sidewalks in a dust free manner. 4. Valves, cleanouts, manholes, and junction boxes accessible and working smoothly. 5. Re-vegetation of the work site established to specifications. FINAL ACCEPTANCE PROCEDURES 1. All punch lists shall be considered preliminary unless they are specifically documented as the final punch list. � Water Lines 1. Alignment stakes shall be provided at 50' intervals. Grade stakes shall be provided at each grade change shown on the plans and at 50' intezvals where grades are critical. 2. All service lines shall be staked or the centerline of the lot staked if services are io be located 5' upstream of the centerline. These stakes shall be put up specifically for the services. Properiy pin stakes left over from preliminary staking are not to be used as construction stakes. 3. Valves, bends, fire hydrants, tees, and all other appurtenances to the line shall be staked before construction in that area proceeds. Offsets for alignment are critical, especially for the fire hydrants to keep them 2' behind the back of the curb. The Surveyor shall consult with the Inspector before work begins to establish the appurtenances that do need exact stakes. 4. Any changes to the plans deemed major by the Inspector shall be restaked by the Surveyor. Offset requirements shall be the same as for streets. Conflicts Over Surveying Requirements The Contractor is responsible for construction staking unless otherwise noted in the Special Contract Requirements. Communications regarding surveying afler the preconstruction meeting should be between the City Inspector and the Contractor's Surveyor. Direct communication reduces the chances of misunderstandings in the process of the work. Any questions over City requirements regarding surveying standards shall be discussed at the preconstruction meeting or with the Owner's Representative prior to that meeting. Unless a signed letter is placed in the construction file, the requirements as listed in this section shall be considered applicable. Cut Sheet ReQuirements Cut sheets shall be provided to the Contractor and to the City Inspector. These sheets shall contain all needed grades based on top of curb elevations or existing surface elevations for streets, drainage, water and sewer improvements. Each special item such as service lines, manholes, fire hydrants, valves, cleanouts, junction boxes, and any other items as required by the Inspector shall have a cut from top of curb grades of the street in that area or existing surface elevations. Should a conflict arise between the PO, RI�'P document, sunnlier tcrms, drawni�s, specifications, construction document, or contract; the terms and conditions set forth in the +�`ifv �f �� +��m�er�� tC��fii�rzs ��s� t��. ��t; ��a�� :�a�al��:��i �E��ll ��•evail. Exhibit E City of Denton Additional Terms and Conditions ADDITIONAL TERMS AND CONDITIONS SPECIAL CONTRACT REQUIREMENTS AND BID ITEM DEFINITIONS As stated in the General Provisions, the October 2004 edition of the North Central Texas Council of Governments Standard Specifications for Publi� Works Construction will be utilized as a basis for both general and technical procedures to include types of materials and construction procedures used in construction projects in the City of Denton. The following specifications and definitions are intended to (1) highlight requirements in the NCTCOG found on most projects in the City of Denton, (2) make specific requirements for materials or procedures where the NCTCOG gives options, (3) specify provisions for deviation from the NCTCOG, and (4) deiine the bid items listed in the Exhibit I— Pricing Spreadsheet. The following specifications are also numbered in accordance with the NCTCOG to aid in locating more specific requirements. Conflicts sometimes arise when City of Denton provisions conflict with either the plans for the project or the North Central Texas Council of Governments Specifications. The following order of precedence shall generally be followed in case of conflicts; however, the Owner's Representative shall make the final detercnination: 1. City of Denton Plans 2. City of Denton Specifications 3. NCTCOG Standard Specifications Payment sections of the speciiications include all material, labor, and equipment necessary to complete the project. Item 103.3 Suretv Bonds General: This item shall be used to separate the bonds as specified in the contract documents into a separate bid item, Include all bonds with their related costs in this item. NCTCOG Reference: Item 103.3 Payment: Payment shall be lump sum for all bonds provided for in the bid proposal. Item 107.20 Project Si� Two signs advertising the CIP Construction Project shall be placed in strategic points with lettering as needed to adequately describe the work. These two signs shall be placed prior to beginning work and maintained until the end of the project. No payment shall be made to the Contractor for maintenance of these signs. Each sign shall be constructed with 3/4" weather treated plywood and shall be painted white with blue letters and symbols. Letter size shall confornn to dimensions shown on sign drawing. Exceptions or variations from the sign shown below shall not be allowed. NCTCOG Reference: Item 107.20 Payment: Payment will be at the contract unit price for each Project Sign installed. INDEX AND CITY OF DENTON AMENDMENTS TO NCTCOG SPECIFICATIONS Item Description 201 Temporary Erosion Control 201.11 Stabilized Construction Entrance 202.5 Sodding 202.6 Seeding Turf Grass 203.3 General Site Preparation 203.7 Embankment 301.2 Lime Treatment 301.5 Flexible Sub-base or Base 302.9 Asphalt Pavement (Materials Only) 303 Portland Cement Concrete Pavement 305.1 Concrete Curb & Gutter 305.2 Concrete Sidewalks 501.1 Underground Conduit Materials SOl .7 Ductile Iron Pressure Pipe SOl .7.4 Ductile Iron Fittings SOl .14 Polyvinyl Chloride (PVC) Water Pipe 501.15 Polyvinyl Chloride (PVC) Pressure Rate Pipe & Fittings for Wastewater 50 ].17 Polyvinyl Chloride (PVC) Wastewater Pipe & Fittings 501.24 Fiberglass Wastewater Pipe & Fittings 502.1-A Concrete Manhole 502.1-B Fiberglass Manhole 502.3 Fire Hydrant Assembly 502.6.2 Resilient Seated Gate Valve 502.6.3 Air Valves 502.8 Polyethylene Wrap for Metal Pipe and Fittings 502.10.3-A Water Service Connections (Small Diameter) 502.10.4 Sanitary Sewer Services 502.12.4 Core into Existing Manhole 503.2 TunneUCasing Pipe Spacers 5033 Boring and Tunneling 507.4.5 Sewer Pipe Coupling 507.5.2 Television Inspection 801 Barricades, Detours, and Warning Signs SSO l Cut and Plug Existing Sewer Lines SS02 Abandon Existing Manhole SS03 Remove Existing Manhole Pa�e 67 67 67-68 68 68 69 69 69-70 70 70-71 71-72 72 72-73 73-74 74 74-75 75-76 76-77 77-78 78-80 80-82 82-83 83 84 84 84-85 85-86 86-87 87 87-88 88-89 89-90 91 91 92 92 General: This item provides for the preparation and seeding of turf grass of all areas where vegetation is removed or damaged due to the construction of public service lines,-€acilities, roads or sidewalks. Installation: Turf grass shall be seeded on areas that have been stripped of vegetative cover due to construction activities. City approval on the location, amount and type of seed grass is required prior to placement. Failure to obtain City approval prior to placement may be cause for the City to reject payment. Turf grass may be seeded according to any of the methods listed under NCTCOG Item 202.6. This item includes labor, material, equipment, water, and ferlilizer necessary to establish the broadcast seed prior to acceptance. Seed plantings must be sprouted prior to project acceptance and the Contractor must maintain the seeded area until 70% cover is achieved. NCTCOG Reference: Item 202.6 Measurement: Measurement and payment for seeding shall be based on the square yardage of seeded area. Payment: Payment for this item shall be at the contract unit price for seeding per square yard. Price should be full compensation for furnishing of all materials including water for seeding fertilizer slurry and maintaining growth. Item 203.3 General Site Preparation General: This item shall consist of preparing the right-of-way or public easements for construction operations by the removal of all obstructions and disposal of the materials by the contractor. Disposal of removed materials is the responsibility of the contractor. Obstructions to be removed under this item are listed in NCTCOG Item 203.3.1. Exceptions to the obstructions list shall be noted on the plans or in the Special Contract Requirements. The contractor shall keep tree removal within the permanent utility easement or right-of-way to a minimum, only removing trees necessary to install the improvements unless otherwise noted on the construction plans. All properties shall be restored to the same or better condition than prior to the construction. Existing fencing, railing, gates and barriers that require removal during construction will be replaced with equal or better fencing, railing, gates and barriers at the end of the project. Payment for replacement fencing, railing, gates and barriers is considered subsidiary to this line item. NCTCOG Reference: Item 203.3 Payment: Payment for this item shall be at the contract lump sum for General Site Preparation. Item 203,7 Embankment General: This item shall consist of the placement and compaction of approved soils to the standards and surface grades as indicated by the construction plans or Special Contract Requirements. Construction: Embankment shall be constructed in accordance to NCTCOG Item 203.7.2. The base soil surface on which the embankment will be constructed shall be scarified or plowed to a minimum depth of 6 inches prior to the placement of any embankment layers. Embankment shall be compacted in layers not to exceed 12 inches in depth. Embankment shall be compacted to the requirements specified in the Special Contract Requirements. NCTCOG Reference: Item 203.7 Payment: Payment for this item shall be at the contract unit price for each cubic yard of embankment material placed and compacted. Payment shall include all labor, equipment and materials required to place the embai�kment material and to establish the surface grades indicated on the construction plans. Item 301.2 Lime Treatment General: This item establishes the requirements for the treatment of pavement subgrades with hydrated lime, General requirements are found in NCTCOG section 301.2 with modifications listed below. Materials: Dry hydrated lime or slurry lime (commercial Grade 2 or Grade 3). Quicklime is not allowed. Construction: All subgrade surfaces shall be shaped within 0.2 feet of finished grade before liming operations start. Soft areas of the subgrade sliall be removed and replaced with suitable soil prior to lime treatment. Lime shall be mixed at the minimum rate and to the minimum subgrade depth indicated on the plans or in the specifications. The final lime treated mixture shall pass the gradation requirements of NCTCOG Table 301.2.3.5.1. (a). The mixed material shall be compacted to the density specified in NCTCOG Item 301.2.3.6. A minimum of three days of curing time after the initial mixing of the subgrade will be required before the placement of base courses or other construction activities are permitted. The treated subgrade shall be kept moist during the curing process to prevent Fibrous Reinforcement: Fiber reinforcement is required for concrete sidewalk. Fiber shall be Fibermesh� 300 Synthetic Fiber as produced by Propex Concrete Systems or an a�proved equivalent. Application shall be 1.5 lbs of fiber per cubic yard of concrete. Application shall follow the manufacturer's guidel ines. Steel Reinforcement: Steel reinforcement shall be of the size and quantity as called for on the plans or in the Special Contract Requirements. Steel reinforcement shall conform to the standards of NCTCOG Item 303.2.9. Curing Materials: Curing material shall be a ASTM 309 Type 2, white pigmented curing compound unless otherwise noted on the plans or in the Special Contract Requirements. The use of mats, paper or film shall not be permitled for curing purposes. The compound and its application shall conform to NCTCOG Item 303.2.13. The compound shall be applied per the manufacturer's guidelines. M'ix Design: Mix design shall be as called for on the plans or in the Special Contract Requirements. Construction: Concrete shall be mixed, delivered and placed per the requirements of NCTCOG Items 303.3, 303.4 and 303.5. Concrete shall not be placed if tlie temperature is less than 40 degrees F and falling but may be placed if the temperature is above 35 degrees F and rising. Contractor is responsible for any adverse impacts on the quality and strength of conerete placed due to weather related conditions. Under no circumstances shal) conerete be placed upon frozen subgrade. Conerete must be placed within the time limits prescribed by NCTCOG Table 303.5.5.(a). Hand finishing of concrete pavement is only allowed in areas inaccessible to a finishing machine. Curing compound shall be applied immediately upon conclusion of finishing per NCTCOG Item 303.5.7. Curing compound shall be applied to the side pavement edge after the forms are removed and before the placement of soil. Excessive voids or honeycombing of the pavement edge may be cause for the rejection of the pavement section. When required, contraction or dummy joints shall be sawed into the concrete per the plans within 24 hours of placement. Unless otherwise noted in the plans or Special Contract Requirements, all vehicle trafFic shall be excluded from the new concrete pavement for a minimum of 14 days. Payment: Payment shall be at the contract unit price per syuare yard of concrete placed at the design pavement thickness. Price shall include all concrete, steel reinforcement, form work, finishing work, jointing, sawing, sealing, and cleaning. Integral or monolithic concrete curb placed with the pavement shall not be included; it shall be paid for separately. Item 305.w1 Concrete Curb & Gutter General: This item shall consist of Portland Cement Concrete Curb and Gutter installed separately from new concrete pavement. Materials: Concrete shall conform to the class called for on the plans or in the current City standard detail drawings. Steel reinforcement dowels, where required, shall be as called for on the plans or in the current City standard detail drawings. Construction: No concrete shall be placed if the temperature is less than 35 degrees F. Concrete curb and gutter shall be installed per the plans and according to the provisions of NCTCOG Item 305.13. Expansion joints shall be required every 200 feet of curb length per NCTCOG Item 305.1.3.4. One longitudinal dowel bar of #4 reinforcing steel two feet in length shall be required at every expansion joint. Backflling: The curb and gutter shall be backfilled within seventy-two (72) hours of pouring. The backfill shall be of suitable material and compacted in a manner acceptable to the City. All backfill material shall be free of clods and rocks and compacted to a level even with the top of curb. Payment: Payment shall be at the contract unit price for concrete curb and gutter complete and in place. The unit price shall include backfilling of soil behind the curb. The unit price does not include tha excavation or disposal of material required to install the curb and gutter. Item 305.2 Concrete Sidewalks General: This item governs the composition and construction of new concrete sidewalks. References: The contractor shall refer to Item 305.2 of the NCTCOG Speciftcations, and the Texas Accessibility Standards Section 4, Accessible Elements and Spaces: Scope and Teehnica) Requirements for details not specifcally called out in this specification, the plans, or the Special Contract Requirements. Construction: Sidewalk shall be installed per the plans and the most current City standard sidewalk details. Unless otherwise noted on the plans or Special Contract Requirements, the Contractor shall be responsible for identifying the extent of the public right-of-way or easements in which the sidewalk will be installed. Where a permanent obstruction is encountered and existing right-of-way or easement is insufficient for the full width of Item 50l .7 Ductile Iron Pressure Piue General: This item shall govern the materials of construction and installation of Ductile Iron Pressure Pipe for use in potable water distribution. Material: Unless otherwise noted on the plans or in the Special Contract Requirements, ductile iron pressure pipe shall conform to AWWA C-151 standards and have push-on joints conforming to AWWA C111 standards. Where a pipe joint requires a mechanical joint connection or a flanged joint connection, an appropriately jointed pipe segment shall be furnished conforming to AWWA C1 ] 1 or AWWA C110 standards. Pipe shall have a bituminous exterior coating and be exterior corrosion protected using a polyethylene encasement per AWWA C-105. Pipe shall be interior corrosion protected using a cement mortar lining per AWWA C-104. Installation: Pipe and fittings shall be installed at the locations and in the yuantities indicated on the plans or in the Special Contract Requirements. Pipe without a design profile shall be installed at the minimum depths required by the current City of Denton Water Criteria Manual. Pipe shall be installed according to the provisions of NCTCOG Items 505 "General Conduit Installation" and 506 "Water Conduit Installation". Trench width and depth shall be governed by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG Item 402.3 "Sawing". Ductile iron pressure pipe shall be wrapped in two layers of polyethylene encasement prior to burial. Embedment and backfill shall be as required by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Unless the plans or Special Contract Requirements indicate otherwise, concrete thrust blocking shall be installed at all pipe bends, tees, or pipe ends according to the thrust blocking details in the plans or the current City standard thrust blocking details. The maximum length of open trench at any time shall be 200 feet. Open trench at the end of the working day must be plated or barricaded from public access. Testing and Disinfection: Pipe shall be hydrostatically tested according to the provisions of NCTCOG Item 506.5 "Hydrostatic Test" and NCTCOG Table 506.5.(a). Pipe shall be purged and disinfected according to the provisions ofNCTCOG Item 506.7 "Purging and Disinfection of Water Conduits". Disinfection may be accomplished by either the continuous feed or slug feed methods. The City reserves the right to review the Contractor's plan of disinfection and make modi�cations to the plan. Payment: Payment for this item shall be at the contract unit price per linear foot of water pipe installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe and fitting installation, backfill, thrust blocking, testing and disinfection, and temporary and permanent pavement repair if required, including but not limited to curb and gutter, driveway approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas. Asphalt or concrete saw cut and removal shall be included in the unit price for water pipe installed under pavement. Item 501.7.4 Ductile Iron Fittin�s General: This item shall govern the material requirements of ductile iron fittings for use in water service supply. Installation of ductile iron fittings is described under the ductile iron and PVC pipe installation specifications. Materials: Unless otherwise noted on the plans or in the Special Contract Requirements fittings shall be made of ductile iron and conform to either AWWA C110 for standard fitting sizes or AWWA C153 for compact fitting sizes. Fitting sizes and dimensions shall be as called for on the plans. Fittings shall have a bituminous seal coating and a cement interior lining in accordance with AWWA C104. Fittings shall be wrapped in AWWA C105 polyethylene encasement after installation. Fitting connection types shall be as called for on the plans or where unspecified, mechanical joint by mechanical joint. Bolting hardware shall conform to NCTCOG Item 501.7.4. Mechanical joints shall utilize T style bolts only. Flange connections shall utilize hex bolts only. Payment: There is no separate pay item for ductile iron fittings as they are considered a subsidiary cost of water line pipe installation. blocking details in the plans or the current City standard thrust blocking details. The maximum length of open trench at any time shall be 200 feet. Open trench at the end of the working day must be plated or barricaded from public access. Testing and Disinfection: Pipe shall be hydrostatically tested according to the provisions of NCTCOG Item 506.5 "Hydrostatic Test" and NCTCOG Table 506.5.(a). Payment: Payment for this item shall be at the contract unit price per linear foot of pressure rated wastewater pipe installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe and fitting installation, backfill, thrust blocking, testing, and temporary and permanent pavement repair if required, including but not limited to curb and gutter, driveway approach, sidewalks, and asphalt or concrete pavement repair, A separate unit price may be utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas. Asphalt or concrete saw cut and removal shall be included in the unit price for water pipe installed under pavement. Item 501.17 Pol�inyl Chloride (PVC) Wastewater Pipe & Fittin� General: This item describes the materials of construction and installation of solid wall unplasticized polyvinyl chloride (PVC) wastewater pipe and fittings for gravity flow applications. Submittals: Submitlals shall demonstrate that the solid wall PVC wastewater pipe and fittings meet all of the required standards ofthis item. Materials: A. Pipe and fttings shall meet the requirements of ASTM D3034 for pipe and fittings up through 15 inches in diameter. For diameters greater than 15 inches pipe and fittings shall meet the requirements of ASTM F679 with a pipe stiffness of 46 psi at 5% deflection. B. Wall thickness shall be SDR-35 unless otherwise noted on the plans or in the Special Contract Requirements. C. Fitting wall thickness shall match the main line pipe wall thickness. D. Pipe and fittings shall be green in color. Any discoloration in the pipe shall be suificient cause for rejection. Installation: Pipe and fittings shall be installed at the locations and in the quantities indicated on the plans or in the Special Contract Requirements. Pipe shall be installed to the grade and alignment indicated on the plans. Pipe shall be installed according to the provisions of NCTCOG Items 505 "General Conduit Installation" and 507 "Wastewater Conduit Installation". Trench width and depth shall be governed by the appropriate trench detail drawing in the plans or the current City trench detail drawing. Installation under existing pavement shall require a pavement saw cut conforming to NCTCOG Item 402.3 "Sawing". Embedment and backfill shall be as required by the appropriate trench detail drawing in the plans or the current City trench detail drawing. The maximum length of open trench at any time shall be 200 feet. Open trench at the end of the working day must be plated or barricaded from public access. Testing and Inspection: Pipe shall be air tested according to the provisions of NCTCOG Item 507.5.1.3 "Low Pressure air Testing". Pipe shall be deflection tested according to the provisions of NCTCOG Item 507.5.1.4 "Flexible Pipe (Deflection) Testing". Pipe sha11 be inspected by television in accordance with City of Denton Amendment Item 507.5.2. Payment: Payment for this item shall be at the contract unit price for each linear foot of solid wall PVC wastewater pipe installed. Unit price shall include pavement cut and repair, trench excavation, embedment, pipe and fitting installation, backfill, testing, and temporary and permanent pavement repair if required, including but not limited to curb and gutter, driveway approach, sidewalks, and asphalt or concrete pavement repair. A separate unit price may be utilized to differentiate pipe installed under pavement from pipe installed in unpaved areas. Asplialt or conerete saw cut and removal shall be included in the unit price for sanitary sewer pipe installed under pavement. Item 501.24 Fiberglass Wastewater Pipe & Fittin�s Material: Installation: A. Concrete - Concrete shall conform to the strength requirements called for on the plans or in the current City standard manhole detail. B. Piue-to-Manhole Connector - Connector shall be elastomeric PVC or rubber that meets ASTM C923 standards. C. Bitumastic Gasket - Bitumastic gasket shall be O-ring or preformed plastic or butyl rubber conforming to NCTCOG item 502.7 "Preformed Flexible Conduit Joint Sealant". D. Grout - Grout shall be non-shrink, high strength grout that meets ASTM C 1107 standards. E. Frame and Cover - Frame and cover shall be grey or ductile iron castings conforming to the requirements of NCTCOG Table 806.4.1.2.(a) "Iron Castings Standards". Workmanship shall adhere to NCTCOG Item 806.4.2. The frame and cover shall have a minimum clear opening of 30 inches and conform to the current City standard frame and cover detail for dimensions and style. F. Grade Adjustment Riser — Grade adjustment riser shall be precast concrete manufactured in accordance to ASTM C�78. No other material is allowed unless specifically called for on the plans or in the Special Contract Requirements. Riser shall have a minimum clear opening of 30 inches and be free of defects. G. Dro�Manhole Pipe and Fittin�s — Pipe and fittings for drop manholes shall conform to the same standards as those for the mainline pipe material. Fitting and pipe dimensions shall match the size of the incomitig pipe and shall conform to the current City standard drop manhole detail. H. Interior LininQ — Unless otherwise specified on the plans or in the Special Contract Requirements, the interior liner for concrete manholes shall be Raven� 405 epoxy coating manufactured by Raven Lining Systems, Inc. No substitutes are allowed for this product. A. Unless otherwise indicated on the plans or in the Special Contract Requirements, all new manholes indicated on the plans must be cast-in-place concrete. B. Concrete manholes shall be constructed or installed at the locations and to the dimensions indicated on the construction plans. Manholes shall be constructed or installed according to the plan details or the current City standard manhole detail for the relevant manhole type. C. Rock foundation for concrete manholes shall be Aggregate Grade 4 crushed rock as described in NCTCOG Item 504.2.2.1. Thickness shall be as called for on the plans or in the current City standard detail. D. Concrete manhole construction shall follow the guidelines of NCTCOG Item 502.1.4 and NCTCOG Item 702.4 except where indicated below. E. Construction joints are not allowed for cast-in-place concrete manholes. If a construction joint is required due to delays in concrete delivery, weather or any other cause the City Inspector or Engineer shall direct the type of construction joint to be installed before proceeding with the remaining concrete placement, Cost for the creation of the construction joint and any associated delay in the construction of the manhole shall be solely the responsibility of the Contractor, F. Concrete placement is only permitted if the temperature is equal to or greater than 40 degrees F and rising. G. Cast-in-Place manholes shall not be backfilled for at least 12 hours after the forms have been removed. H. The fnal elevation ofthe frame and cover shall conform to the elevation called for on the plans with the following allowable modifications. Manholes installed in existing pavement shall have the top of the frame cover match as closely as possible the pavement elevation. Manhole covers in parkway, lawns, or other improved lands shall be at an elevation of not more than 1 inch nor less than one half 1/2 inch above the surrounding ground unless otherwise specified by the plans. Backfill shall provide a uniform slope from the top of the manhole casting for not less than 3 feet each direction to finished grade of the ground. Manholes in open Installation: G. Grade Adjustment Riser — Grade adjustment riser shall be precast concrete manufactured in accordance to ASTM C478. No other material is allowed unless specifically called for on the plans or in the Special Contract Requirements. Riser shall have a minimum clear opening of 30 inches and be free of defects. H. Drop Manhole Pipe and Fittines — Pipe and fittings for drop manholes shall conform to the same standards as those for the mainline pipe material. Fitting and pipe dimensions shall match the size of the incoming pipe and shall conform to the current Ciry standard drop manhole detail. A. Fiberglass manholes are only permitted where specifically called for on the plans or in the Special Contract Requirements. B. Fiberglass manholes shall be constructed or installed at the locations and to the dimensions indicated on the construction plans. Manholes shall be constructed or installed according to the plan details or the current City standard manhole detail for the relevant manhole type. C, Rock foundation for concrete manholes shall be Aggregate Grade 4 crushed rock as described in NCTCOG Item 504.2.2.1, Thickness shall be as called for on the plans or in the current City standard detail. D. Fiberglass manhole construction shall follow the guidelines of NCTCOG Item 502.1.4. E. Field joining of fiberglass manhole sections is not permitted. Fiberglass manholes shall be monolithic structures. F. Concrete placement is only pennitted if the temperature is equal to or greater than 40 degrees F and rising. I. Frame and cover shall not be directly placed on the fiberglass cone section. A grade adjustment riser is required between the frame casting and the cone. J, The final elevation of the frame and cover shall conform to the elevation called for on the plans with the following allowable modifications: Manholes installed in existing pavement shall have the top of the frame cover match as closely as possible the pavement elevation. Manhole covers in parkway, lawns, or other improved lands shall be at an elevation of not more than 1 inch nor less than one half 1/2 inch above the surrounding ground unless otherwise specified by the plans. Backfll shall provide a uniform slope from the top of the manhole casting for not less than 3 feet each direction to finished grade of the ground. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation of not more than 12 inches and or less than 6 inches above the surrounding ground unless otherwise specifed by the plans. Manholes in proposed paved areas shall have grade stakes with the finish elevation of the street. The final elevation ofthe frame cover shall conform to the fnal elevation ofthe street. No portion of the fiberglass manhole shell shall be left exposed above ground. K. Frame and cover shall be placed with one strip of bitumastic gasket between a grade adjastment riser and the frame. No gaps will be allowed in the bitumastic gasket. Where multiple grade adjustment risers are required, bitumastic gaskets shall be placed between each riser ]ayer, the frame bottom and the cone top. Gasket shall provide a watertight seal between the adjoining elements. L. Interior and exterior grouting is required between each grade adjustment riser layer, between the frame and riser, and between the riser and manhole cone. Grouting shall have a smooth finish and provide a water�ight seal capable of permitting the manhole to pass the low pressure air test. M. Drop manholes and vented manholes shall be constructed as shown on the plans or in accordance with the current City standard detail. N. Baekfilling requirements around the manhole shall conform to the standard trench detail relevant to the 1ocation of the manhole. Field Quality Control: A. No water shall be allowed to stand in the channel or on the shelf of a new manhole. B. The manhole shall be vacuum tested according to NCTCOG Item 502.1.5.2. If the fiberglass manhole is indicated as being a watertight manhole on the plans it must be able to pass the vacuum test with no measurable loss in air pressure to be accepted. or in the Special Contract Requirements, Gate valves shall be installed in accordance to NCTCOG Item 502.6.6 "Line Valve lnstallation". Gate vafves shall be wrapped in two layers of polyethylene encasement prior to burial. Payment: Payment shall be at the contract unit price for each gate valve installed, complete in place. Unit price shall include excavation and backfll for vaults, fittings and appurtenances, valve box installation and vault construction (if required per the plans). Item 502.6.3 Air Valves General: This item shal I govern the manufacture and installation of air release, air/vacuum, and combination air valves and their associated housings and appurtenances for use in water distribution or wastewater collection systems. Material: Air valves shall meet the material requirements of AWWA C512 and NCTCOG Item 502.633 except that rubber shall be EPDM instead of Buna-N. Unless otherwise noted on the plans or in the Special Contract Requirements the air valve inlets and outlets shall conform to the provisions of NCTCOG Item 502.6.3.4. Air valves shall be rated for a minimum operating pressure of 200 psi. Air outlet piping, fittings, concrete mix design, valve box housing, vault frame and cover, and appurtenances shall be as indicated on the plans or in the Special Contract Requirements. Wastewater Air Valves: Air valves for use in wastewater collection systems must be designed specifically for that purpose. Air valves for wastewater must be attested by the manufacturer for that use and submitted to the City as part of the submittal. Installation: Air valves shall be installed at the locations and to the dimensions shown on the plans or in the Special Contract Requirements. The plans shall indicate the type of air valve to be installed. Air valves shall be installed per the detail drawing on the plans or the current City standard detail drawing. Air valves shall be installed in accordance to NCTCOG Item 502.6.6 "Line Valve lnstallation". Payment: Payment shall be at the contract unit price for each air valve installed, complete in place. Unit price shall include excavation, all appurtenanees and fittings, valve box installation, and vault construction (if required per the plans). Item 502.8 Polvethvlene Wrap for Metal Pipe and Fittin�s General: This item governs the installation of protective film wrap required for metal pipe, fittings and appurtenances. Material: Polyethylene wrap sheets shall conform to AWWA C105 standards and be a minimum of 8 mils in thickness. Installation: lnstallation shall be per NCTCOG Item 502.8 except that every metal pipe or fitting shall be double- wrapped. Payment: There is no separate payment for polyethylene wrap, it is considered a subsidiary cost to the bid item for which it is required. Item 502.10.3-A Water Service Connections (Small Diameter) General: This item shall govern the materials of manufacture and installation of water service connections up to 2 inches in size on new water distribution lines. Water Service connections for service lines in excess of 2 inches are handled under Item 502.10.3-B "Water Service Connections (Large Diameter)". Connections to existing or "live" water distribution lines shall not be covered by this item and are typically performed by City forces. Materials: Material items for water service connections shall conform to the plans or current City standard details in dimension and type. Specific item requirements are listed below: Tapping Saddle: Saddle shall be a double strap brass/bronze saddle with a tapered (CC) tap thread conforming to AWWA C800. Corporation Valve: Corporation valve shall be a ball type valve made of brass conforming to AWWA C800 with a tapered (CC) inlet thread and a pack joint outlet connection. Service Line Tubing: Service line tubing shall Type K copper for 1" service lines and SDR-9 HDPE conforming Payment: Payment for this item shall be at the contract unit price for each service line installed including embedment and backfill. All labor, equipment, and materials needed to properly insta�l the sewer service shall ba included in the contract price. Item 502. ] 2,4 Core into Existin� Manhole General: This item describes the procedure for coring into an existing manhole in order to install a new pipe connection. Submittals: Submittals shall demonstrate that the pipe-to-manhole connector and grout meet the required standards of this item. Material: A. B. Execution: A. B. C. D. E. F. G. H. Pipe-to-Manhole Connector — Connector shall be elastomeric PVC or rubber that meets ASTM C923 standards. Grout — Grout shall be non-shrink, high strength grout that meets ASTM C1107 standards. The new pipe connection shall be made using a coring method that utilizes a mechanical saw or drill. The use of pipe hammers or jackhammers is not allowed. The manhole wall shall be cored or cut to the elevation indicated on the plans. The cut or cored area shall be of sufficient size to allow the insertion of the new pipe and the pipe-to-manhole connector. If required, the bench area shall also be cut or cored to the width of the new conduit to ensure a continuous grade from the new conduit invert into the manhole invert. Care should be taken to minimize the hole size so that the amount of grouting is kept to a minimum. The Contractor shall keep debris from entering the wastewater flow stream in the existing manhole. This shall be done by either using a flow-through plug on the existing manhole pipe connections or by bypass pumping around the manhole. A pipe-to-manhole connector shall be attached to the sanitary sewer pipe where the sanitary sewer pipe and the manhole meet. The new sanitary sewer shall not protrude more than one inch into the manhole. The core hole and bench cut (if required) shall be thoroughly cleaned before the application of grout around the new pipe connection. Grout shall be applied to the full thickness of the manhole wall all around the new pipe connection to produce a watertight seal. The pipe-to-manhole connector shall be completely encapsulated within the grouted area. If a bench cut was required, the cut area shall be smoothed with grout. The excavated area shall be backfilled in accordance with the standard trench detail appropriate to the surface condition. Payment: Payment for this item shall be at the contract unit price for each cored pipe connecCion created in an existing manhole, including excavation, backfill, patching grout, connection materials furnished and cleanup of grout around and in the manhole. Item 503.2 Tunnel/Casin�pe Spacers General: This item shall govern the manufacture and installation of pipe spacers for pipe installation in or casings. Material: Casing spacers shall be either high density polyethylene (HDPE) spacers conforming to ISO 9001:2000 strength and quality standards, or two-piece carbon or stainless steel shell spacers. Spacers shall be completely circumferential in shape and coverage of the carrier pipe. Steel shell for steel spacers shall be a minimum l4- gauge thickness. Steel casing spacer runners shall be made of a dielectrically inert material. Carbon steel spacers shall have a corrosion resistant coating. Installation: Spacer placement shall be in accordance with the plans or the current City standard detail for casing pipe installation. Spacers shall be fastened onto the carrier pipe following the manufacturer's recommendation and/or guidelines. Payment: There is no separate payment for tunnel or casing pipe spacers or their installation. This is considered a subsidiary cost of the carrier pipe installation. Products: Acceptable Manufacturers and Products Installation: A. Onset Pipe Products, Inc., Shear Guard� Coupling, sizes 4" through 12", for both similar and dissimilar pipe materials and O.D.s. B. Straub Pipe Couplings, Inc., Flex model with EPDM gaskets, sizes 15" through 48", for similar pipe materials only. C. Multi Fittings Corporation, Plastic Trends Inc., or the Pipe Manufacturer, Manufactured Gasketed Coupling with rigid housing, sizes 15" through 48", for dissimilar pipe materials or pipe O.D.s. A. Pipe ends to be joined shall be thoroughly cleaned to remove all dirt or foreign material. B. The pipe coupling shall be installed per the manufacturer's guidelines. The coupling shall not be tightened to the extent that it causes deformation of either pipe end. C. Pipe couplings shall be encased in Class B concrete, according to the standard detail drawing. D. The Inspector shall inspect the installed coupling for tightness of fit prior to covering with concrete. Payment: Payment for this item shall be included in the unit price for pipe installation. Item 507.5.2 Television Inspection General: This item describes televised inspection of all new sanitary sewer lines and sanitary sewer services prior to f nal acceptance and at the end of the wananty period. ' Execution: A. The Contractor or a third party hired by the Contractor shall perform the televised inspection of the new sanitary sewer line. B. The person performing the inspection must be PACP (Pipeline Assessment & Certification Program) certified. C. The City of Denton Inspector shall be present during the television inspection, unless otherwise authorized in writing. D. The televised inspection shall commence only after tne line has passed both air and mandrel test and the line has been thoroughly cleaned and vacuumed. E. Televised Inspection shall follow the procedures outlined in NCTCOG Item 507.5.2. F. The camera shall be centered in the middle of the pipe throughout the inspection. Inspection that is excessively off-centered may be cause for rejection. G. The camera shall proceed at a rate no faster than 30 feet per minute. Inspections that proceed at a greater rate may be rejected. H. The camera shall be stopped at each lateral connection and the camera head shall be rotated to inspect each lateral connection fully. Submittal: A. Video and log sheet information must comply with NCTCOG Item 507.5.2.1. B. Log sheet report must utilize PACP reporting standards. C. Video submittal shal] be a digital mpeg file unless otk�erwise directed by the City's representative. Criteria for Repair: The Contractor shall make repairs or clean the line if the City notes problems, including but not limited to the following: A.Pulled or slipped joints. B. Rolled gaskets. C. Water infiltration. B. Grout shall conform to ASTM C1107 standards. C. Manufactured cap or plug shall be PVC or HDPE conforming to the material standards of the pipe to be abandoned. Execution: A. Wherever indicated on the plans, the existing line to be abandoned shall be exposed and a two foot section of pipe shall be removed. If the cut and plug location is adjacent to a manhole that is to remain in service the pipe cut shall be no closer than two feet from the manhole wall. B. The removed section of abandoned pipe shall be filled wiYh concrete until both ends of the abandoned pipe are effectively sealed. C. Concrete shall be prevented from entering the manhole invert through the use of a pipe plug or some other suitable blocking agent. D. If the pipe to be abandoned is greater than 24 inches in diameter a manufactured cap or plug may be utilized to seal the abandoned pipe ends in lieu of conerete. The manufactured cap or plug must be grouted onto the abandoned pipe end to ensure a watertight seal. E. The excavation hole shall be backfilled per the standard trench detail appropriate for the surface condition. Payment: Payment for this item shall be at the contract unit price for each location where an abandoned sanitary sewer is cut and plugged. The unit price shall include excavation, backfill, cutting and plugging of pipe and all material required. Item SS02 Abandon Existin� Manhole General: This item describes the procedures for the abandonment of existing manholes, Materials: A. Concrete - Concrete shall conform to all sections of NCTCOG Item 702.2.4.2 for Class B concrete. B. Sand - Sand shall conform to Item 504.2.2.6 of the NCTCOG standards. Execution: � A. Removal items or sections shall be indicated on the standard manhole abandonment detail. Removed items and sections shall be the property of the Contractor and must be disposed of in accordance to NCTCOG Item 107.25. B. Manhole outlets shall be plugged and the manhole filled according to the standard manhole abandonment detail. C. The area above the abandoned manhole shall be compacted with backfill according to the standard manhole abandonment detail. Payment: Payment shall be at the contract unit price for each existing manhole abandonment completed. The unit price shall include all the necessary labor, equipment, and materials needed to properly abandon the manhole. Excavation and backfill are included in the unit price. Item SS03 Remove Existin� Manhole General: This item describes the procedures for the removal of existing manholes. Execution: A. Excavation shall be made around the manhole to be removed to a depth equivalent to the concrete base of the manhole. B. Connecting sewer lines shall be cut or broken where they enter the existing manhole. C. All parts of the manhole shall be removed and disposed of by the Contractor in accordance to NCTCOG Item 107.25. D. Each connecting sewer line shall be plugged with Class B conerete or capped with a manufactured watertight cap where the line is greater than 24 inches in diameter. Plugging shall follow the requirements of Item SSO1. E. The excavation hole shall be backfilled according to the standard trench detail for the appropriate surface cover condition. Payment: Payment shall be at the contract unit price for each existing manhole removal completed. The unit price shall include all the necessary labor, equipment, and materials needed to properly remove the manhole and plug all connecting sewer lines. Excavation and backfill are included in the unit price. Architect/Engineer, and approval by the City representative, and issuance of a written contract change order. Product Chan�es �)t;�rin� Contract Term -- The supplier shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the product must be approved in advance by the City of Denton. Notice of a change shall be submitted in writing to the Project Manager with the RFP number in the subject line, for review. Products found to have changed specifications without notification, and acceptance, will be rejected and must be removed from the site at the supplier's expense. Products that have been installed sha11 be replaced at the supplier's expense. Patent Ri�hts The contractor agrees to indem.nify and hold harmless the City from any claim involving patent right infringement or copyrights on goods supplied. Asbestos Free Materials The contractor shall provide asbestos-free materials as represented by the Manufacturer's "Materials Safety Data Sheets" I�i ��t� tr� ��t�� l�r��°:t��r�y��; .�r�c� ��c�� u�+c�� ri'i�v.�r��; (��r��w•r��j�� .,r�ti� R ��°��.��°��r � Any software, research, reports studies, data, photographs, negatives or other documents, drawings or materials prepared by contractor in the performance of its obligations under this contract shall be the exclusive property of the City and all such materials shall be delivered to the City by the contractor upon completion, termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its personal iiles. Contractor shall not use, willingly allow, or cause io have such materials used for any purpose other than the performance of contractor's obligations under this contract without the prior written consent of the City; provided, however, that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works. Addin� New Products or �c�v�c�s to the Contract after Award Following the Contract award, ADDITIONAL services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request may be sent to successful Contractor to provide a proposal on the additional services and shall submit proposal to the City as instructed. All submitted prices are subject to negotiation in accordance with Texas Government Code 2254. The City may accept or reject the proposal, and may issue a separate RFQ for the services requested, after rejecting some, or all, of the proposal. The services covered under this provision shall conform to the statement of work, specifications, and requirements as outlined in the request. Contract changes shall be made in accordance wzth Local Government Code 252.048. Samples Respondents must make samples available in accordance with the specification and upon request by the City of Denton prior to award with no costs to the City. assistance is provided, including those employed by subcontractors, are paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chaptex 31 of title 40, United States Code (commonly referred ta as the `Davis- Bacon Act'}. The bidder who is awarded the Contract shall pay the wage rate in effect as of the date the Contract is awarded. The Contractor shall cooperate with the City by providing information in the form and frequency requested by the City concezning the type of work performed, the number of hours worked, and the hourly rates paid for the various types of work performed by all workers on the Project. The Contractor shall allow City staff to conduct on-site wage interviews and shall post information concerning the Act as requested by the City. All contractors and subcontractors must comply with Davis-Bacon Wage Rates and the Wage Rate Requirements of Section 1606 of the Recovery and Reinvestment Act. i"�� '�Vl� � F��t� �� ai�+�r��r�t� �� t�d �ti �%� �,��r ��r� ��irwv��icr��r�t A�� r�r� are as fol�o�vs: _ ��I� � ��.�`.t� T�� I�' .4�`I'1:��'�.l��F E T�" �R� A �'�A`�� '��°a'"+J" �',� �� .C� 1"� i��`��Jt�RIv��1�J'VI�Y 1114!lllsl� ��1:�'�'Itt`?,�J 1�f1� +�I�' 1�I1�' �%�'+�1�✓%"f��'��.yl' ll�:,t�`�� 1"�" �i�'"1�1I('��1�� '. THIS A WARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS. Note: Where necessary to make the context of these � articles applicable to this award, the term "Contractor" shall mean "Recipient" and the term "Subcontractor" shall mean "Subrecipient or Subcontractor" per the following definitions. Recipient means the organization, individual, or other entity that receives an award from DOE and is iinancially accountable for the use of any DOE funds or property provided for the performance of the project, and is legally responszble for carrying out the terms and conditions of the award. Subrecipient means the legal entity to which a subaward is rnade and which is accountable to the recipient for the use of the funds provided. The term may include foreign or international organizations (such as agencies of the United Nations). Davis-Bacon Act (a) Definition.—"Site of the work"— (1) Means-- (i) The primary site of the work. The physical place or places where the construction called for in the award will remain when work on it is completed; and (ii) The secondary site of the work, if any. Any other site where a signiiicant portion of the building or work is constructed, provided that such site is— (A) Located in the United States; and (B) Established specifically for the performance of the award or project; (2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided— (i) They are dedicated exclusively, or nearly so, to performance of the award or project; and (ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition; the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefts, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Adnninistrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Ofiicer or will notify the Contracting �fficer within the 30-day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Oificer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (c)(2) and (c)(3) of this article shall be paid to all workers performing work in the classiiication under this award from the iirst day on which work is performed in the classiiication. (d) Whenever the minimum wage rate prescribed in the award for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe beneiit or an hourly cash equivalent thereof. (e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona iide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a�separate account assets for the meeting of obligations under the plan or program. Regulations, 29 CFR Part 3; and (iii)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, �a� specified in the applicable wage determination incorporated into the award. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (b)(2) of this article. (4) The falsiiication of any of the certifications in this article may subject the Contractor ox subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article available for inspection, copying, or transcription by the Contracting Ofiicer or authorized representatives of the Contracting Officer or the Department of � Labor. The Contractor or subcontractor shall permit the Contracting Ofiicer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthertnore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Withholding of Funds The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this award or any other Federal award with the same Prime Contractor, or any other federally assisted award subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the award. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the award, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Apprentices and Trainees (a) Apprentices. (1) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are e�tnployed— (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if wage determination which provides for less than full fringe ben�fits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually per%rmed. (3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (4) Equal employtnent opportunity. The utilization of apprentices, trainees, and journeymen under this article shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR Part 30. Compliance with Copeland Act Requirements The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this award, Subcontracts (Labor Standards) (a) Definition. "Construction, alteration or repaix," as used in this article means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation— (1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site; (2) Painting and decorating; (3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work; (4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as de�ned in the article entitled Davis Bacon Act of this award, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the "site of work" definition; and (5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (a) (1) (ii) of the Davis-Bacon Act article, and the physical place or places where the building or work will remain (paragraph (a) (1) (i) of the Davis Bacon Act article, in the "site of the work" definition). (b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and repairs within the United States the articles entitled— Compliance with Davis-Bacon and Related Act Regulations All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this award. Disputes Concerning Labor Standards The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures %r resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes and Appeals as deiined in 10 CFR 600.22. Disputes within the meaning of this article include disputes between the Contractor (and any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Certification of Eligibility (a) By entering into this award, the Contractor certifies that neither it (nor he or she) nor any person or fxnn who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1), (b) No part of this award shall be subcontracted to any person or firm ineligible for award of a Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Approval of Wage Rates All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under this award must be submitted for approval in writing by the head of the contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination included in the award. Any aznount paid by the Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Contractor and shall not be reinnbursed by the Government. If the Government refuses to authorize the use of the overtime, the Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked. BUY AMERICAN ACT COMPLIANCE REQUIREMENTS The Contractor acknowledges to and for the benefit of the City of Denton that it understands the goods and services under this Agreement are being funded with monaes made available by tkie American Reinvestment and Recovery Act of 2009 (Recovery Act) (or are being made available for a project being funded with monies made available by the Recovery Act) and section 1605 of such law contains provisions commonly known as "Buy American." The Buy American requirement prohibits the use of Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States ("Buy Aznerican requirement") including iron, steel, and rnanufactured goods provided by the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Department of Energy (DOE) grantee that (a) the Contractor has reviewed and understands the Buy American requirement, (b) all of the iron, steel, and manufactured provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate "none"] (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that-- (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or rnanufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii)The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of Section 1605 of the Recovery Act. (1) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b) (3) of this section shall include adequate information for Federal Government valuation of the request, including— (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of ineasure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G)Name and address of the proposed supplier; and (H)A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b) (3) of this section. (i) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (ii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iii)Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not xeasonably foresee the need for such determination and could not have xequested the detertnination before the funds were obligated. Tf the recipient does not submit a satisfactory explanation, the award ofiicial need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award ofiicial will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is non- availability or public interest, the amended award shall reflect adjustment of the award Exhibit F �, . , � �. � , . ; � , PERFORMANCE B()ND ST/i'I-C Of= �I'f;XAS r COl'N'I Y Oh' DEti'I'ON § �3ond No: 46BCSC;S0375 ��-�..�� _��.... hereinaftcr cal = P• 4 r�� ; KNOW AI [ Mt:N Ri' Tf1LS�- PRFSLNTS: That Jaeoe-Public Com anv� ��I��ysc Q��h ��Il, �°"�� t�� raa t�� ,°��c�d ��r��T1�d, l��fr�li� �� ILtl Princepal, and ��trkt�r,�°�� .m��. �'��"� ��G�s ax��. �'��r.��r°crrw°•�y:'i carporation organi7ed and existin� unrler tl7e la��s of tlte State of' Connccticut and fufly authorfzed to lransac;t husiness in tlic Statc oF'"I'c\as, as Surety, are helci and firmly buund unto the Ci � of Denton, a municipal coi°poracion or�ani�ed and existing undcr the la�vs of the State of'I'exas, hercinafter called Oaner, in tlte ��I sunt of �°�� alli��x� �+��e�� t��°ea�� a�� s� [9et��s�d�r��l� t��r��i�: �i��ll�s�°� �o�� "�.�'r�� '��..� �7 ��.��.tin la��ful mrn7ey of the Unitcd States, to be paid in Dcnton County. Texas, for the �a)ment af�ahich sum well and crul� to bc tnade, `ve hereby bind oursclves, our heirs, executors. administrators, suceessors, and assi�ns, .jointl� and severalfy, lirmly by these presents. �I�I�is L3c�nd �hall automatically be increased b} the amount of any Cl�ange Order ar Supplemental A�reemei�t, which increases d�e Contract price, but in no event shall a Cfian�e Order or Supplemcntal A�recment. �vhicfi reduces the Contract price, decrease the penal sum of this l3c�nd. TI IL; Of3L1GA I'IO;V TO NAY SAVtt; is conditioned as tollows: Whereas, the Principal entered into a ceirtain Conu•act, i�Cc•��q�1rt��C� !�� Ordinance Number 2014-120, with tlie City uf Dentoii, the Uwncr, dated the 6th da,y oF Nlav A.D ��➢�.� ,�;�E;uy oF�vl7ich is hereto attachecf and made a part hereof: �4�� ,;onsU•uction services C��c��eC� CO � �I��iI 3C� ��9"i'�"t➢Y4'�i$ ��'�� '�ud�l°� ""r_I7�4'� ��"�-rrr��il4AlY��w�� ['��"cs a`�°�.....a...."tw�....n...m�....,. NOW. TIIL1�� P�4�1�� i� i.lat: P'��a°r��l s9�;il� ��9J. s�°d�l'� �+sit� i,��i�f��l�r �ss�x°��i�r��ta ��o-��E t';�}�i�l �1� �yf tNu�; U[l(jE'1'�Z1�:II1�:,S, COVE'11E1E��. l�l`9d��,, C't�ll&�1�t��f�*« �@P7d :s„r��13'd�"�� i3� �-�+164� � tYqBi!":i�.� It1 rt1��.i�i"4�i�&��+�i +��$�1 j��t.� ��iriCi'�. Specific�tions and C'tibs�Cr�Q�°g I��:�a��, ��d��°i�� the ��u��d� t�� l��a�°��'<ai�� <�r�� _��t�� -�°v�f ��lai��li ��d9� k��. cl"r.11lte(j iy' (f10 ��ti'll�."�. e4t�� t�d ��el��l�slRi IIt7iB�`�; t0 ��7e* `ip1Rt'i� 2i&ii� (�1tl�°kFii! k�}t.' �i��` �� 19�5 �.!i1�134@�IC�' i3�' ^er,„1��lifti reyuired under this Contract, �rnd �hall also v��elf and t� ��lr ��°� tQ,� i�� ,w�s�l ��r[�i�� ti��J rP��. ��C�g��s��tis��.. �:4pa �!��G��,� terms, conditioiu and agreements ofany �ind al! dul} autka�3r�,��.°�J ��r�,mf�li��Ci�kt�� a:�l'�;�u�� a�w��a,t�� p}a4�t ��x�� 1��,°�°�°x�lg�,k� be made, nutice uf �vhicl� m�sdif7eati�iis to tlie Suretl bei��3a� I��k°��ar ��.;su� �r��. ��iG��. �1 �f,� �'� �ii��,�� ;l��w€� ��yai�4r� ,�9y��,��° replaee all defects duc to Faulty materials ancl �vorkmans��ri�� [�.�� d��° ��i[��r� �� g��°�•i;f�� [ t��a.� q�'.i ��=�n�, �i�� t�7� date of final completion and final acceptanee ofthe �Vo� I� kr� c�i�: ��rr�°�°, ,��r�i, �t'�17�° P�� a��•daF°sV ��,�lP Pa�€�� 'sr;��°��rs��C� and save Irarmle:;s th�. [)��vner f'rom all costs and damt�;�� 6�G�a, t�,��°� i�s4�� p��.°�° �� r��,��a� ,a�` �;��l��c�� a�, �.�� perl`orm herein and shall fully reimhurse and repay Owner �II outlay �ncl expense �vhich tl7e O�vner iz�ay incur in making �oc}d any de1'ault or deficicncy, lllell IIliS OLiII�!7t1011 SI18II hC �-oid: othen�ise, it shall remain in full farce and effect. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifcations, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is ��e��tetl in three (31 co�ies, each one of which shall be deemed an original, this 21st day of May, �� .,r�� ATTEST: PRINCIPAL � �� ir� ��'ubli� �:'�r�aa . �e��v r� r� ,� _-- �� BYr � �:� q_. m �� -- � �..�m � � �� . �� SECRETARY BY: ,�.�� -�� - �' � �� F'l��il3��"+�",�.` ATTEST: � �� f�� i BY: � �"'°��.� �- � �� : �-..., John �I� iaar��a Witness � SURETY l��rrt�ir�°� �i��:: [��sut•��+�� +�r��a��fx.�v �'� � t �. BY. ��..�� ` �� ' !, i �I t4 1�,;'p i,�� Conme Jean �s�,�+��1, .Atd�t>r�t�� i�i-�'�e# The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: .Teffrev T�c��l Mcint�sh STREET ADDRESS: 12770 Coit Road. Suite 750. Dallas. TX 75251 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) �r €4 ��.;;�'�n'`,M,' �ti��r, �: 1�, PAYMF.NT 130ND s�r,n�re or -r�:xAs COl!\TY OF DEN'!'ON Bond No: 46BCSGS0375 KNOW ALI. MFN BY THESE-: PRF,SENTS: That ��r��yc:�•�'�w��i�� '��qir��a��, I�ose address is �q�� i4�� `�� x�� i' ��,s� ``"��b , ��, ��.�� _ ..e..� �..�. �._,e.aw_ ,..� hereinafter called Principal, and ��°�rr��-�� '�" ��'��p��r�� rm„��q��,,-;�a corpor�tioi� or�*anired and existi�3g under the la�a�s ofthe State of �„�car��ti��t , and fully autl7orizecl to transact husiness in the State ot� Tesas, as Surety, are Ifeld and tirinl� boundnunto the C�� ,�` �;�� y�¢�g-�, a muifieipal carporaiic�n organized ancl existing under the la��-s of the State of Texas. hereinatter Lalled Odvncr, and unto all persons, tirrns, and corporations wl7o ma} furi�isli iy�aterials f'or, or perf'orrn labor upon, thc huilding ur improvenients hereinaftcr rcferred to, in �°�g�� s�l��r�d� ° in I��tiil money��r�l��a�� k��rA��-�a��yr� t�r��a�� °��t�� , �ro-�� ;a�s}r�t�e ycna ,��n of t'�� li ��p�� u� �� .m._.a,.�, _� �,��.�_� .�.�.�..um�. �� •� ��'� ��' � � af the lliyited Statcs, ro be paid in Dcnton, County, 'fexas, for lhe payrnenl 01� wltich sum well and truly tc� be made, ��e hereby bind ourselves, our Ifeirs, executors, administratars, successors, and assi�.n,, ,jointl�� and severall��, firmly by thesc ��resents. This Bond shall autamatically bc increa5ed hy tl�c amounl of anv Chan�e Order c�r Supplemciu�il A�rcement which increases the Contract pric;e, but in no event shall a C'han�e Ord�r or 5upplemental Agreement which reduces the Contract pric;e decrease the penal suir� of ll7is f3oricl, T'lIC OBI.IGA'170N ��Q PAY �n�1�1E is conditionecl as follo��s: Whereas, the Principal enlered into a certain Ce�ntract. identiticcl �a� ��,�,�nce Number 2014-120, with tl}e City af Denton, the O�vner, dated tl7e 6th da� of Mav A.D. ��1��v„ ��,�Pv of ��hic.l7 is hereto attached and made a part f�ereof, ��a, constru�tioii ser��ices related to ��s�� :C �4��.��^��r��€�� r6�� l��a;��tar� ��t•��n� 4��•s��r�a�� 9��a`scr s �, �� s � _. .��_ ��.�.� .��..�.� �n �..�� ''`� y'��, ��f ��9 i t ad�� .�1 t�r�° �°rhr��;a�:�,�1 �,l�,aiW ��ell, truly and fiaithfully� perForir� its dutics and make �,�,�ai��t ��r��e�°�� :��f ��°�,4,ir;. P��rr,,. �,�a�,��i��wr�� .�jr��,c°�s��SP��, and claimants supplyiiZg labor and/or �y7ea��°��til �i� �I�� s��c-�°�ai��ga ,,� �� 1�s�x�� ,�i��=,� 1��€• �i� ��aa��W � �a��tract and any �tnd all duly authorized ��bii�+xi� a�� e�a�f �"��st�R�rs�� a�� ;��, l��r�;�� , �� d�s,ti�� of whiclt m��difications to tlte Suretr� [��7�� 1��°�`�� "��,�`�`�� b�',��:��, �'lt�°i� �Iaw� ��p�lx�4�;tt��ri ��,W�11 I�� .�iai, other��,�ise it shall rei��ain in full force �,i�M�� '(��aF�, PROVIDED F�;RTIiER, that il'any legal action be tiled on this Bond, eYClusive venue sliall lie in I)enton County, Teaas. "��.� �el�t�"� I�l� x� 1 l ls�� I�� l��mi 1fxcT =,,��a� ��ai��ia.�a 1�� .�Pic� t�,��:k��,�°�:�. !�c°r��,�� ge��4�1��. ;xrr�� g`��1�'�:°`* �?�i1i dRtb � �'diP�i�.t4� �"�19."li'�la�Rl i�i IIVCV�°,� �f�l�`t,16Vc3I7 �H1 ,�4.��S11Ct�� la� 6�liP �cYi1!'� u.k� 1�1�; � 0.��14�k':1C�� ti#` �� y�` "��'�+p'� Ctr (a� �74"f'a��sg'aBd�'ti� ��dr'4'�°�811��,`�' �a4 $ti l�t�' ��II�+. '��`t��6c59Ykd+l1,, � }�'id�"alal�'..�,'�, �^l� . �9�`�.",�117��:tp]141T'� th�t' �,�4!"8�4`e �p�FB�] �� a��ar��i�� wtP�i,°�C �i�. e��rlti��t��hig 5i�i ll�iti 6�u�s�t�. 9o�tr� iC 4�u.��< �i�.:s��i-r�� ,�sr�� u,��°�.° �a� e��;` �t9�'�� @�-i��u'��.. ��G�°��r,��si� 4�r� �u�p�:, ��6+��yeti�� f� u�cl�Eili�ii� �� C�e�° [�°w��E� s�f I�uk.� { asc��h��'l, d;G €��m �� "Y��t�� C�a I'��° ��c'��4�€ro�a�r�� t��°��ais.°r. s��pr �4�X@i�: d'I�ari=7.'��-ci��4�Ci�x��, �l�a�k��a�i�n,. �kd�� This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is �;J��i��i in three (� copies, each one of which shall be deemed an original, this 21st day of Ma�, 201�. �°'� ATTEST: �°�' ;' �� BY: � ' �: �. ��M�,r ��f ° SECRETARY ATTEST: PRINCIPAL ��,r�+e�I'u�a��s: �'+�n�[�� _ ,rr� � BY �� .��.,�. ��, -.l°�.. �`� �,� �A'" PRESIDENT SURETY: 11��•�t"�� 'ir°� ��r�u�•�nc� �;��a�ts��x�� BY: �° ........ � �. , ; i,. f, John �4�r�kins, Witness BY; � ,� � ;� % ' �`.�a��, � _�%�`�_i� Connie Jean e el, Attorney-in- ct The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Jeffrev Todd McIntosh STREET ADDRESS: 1277Q Coit Road. Suite 750. Dallas. TX 7S?51 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) x1 �aw. ��r : � w��i �°"�e � s "k � �„ � � �'�� vy' a Direct Inquiries/Claims to: P WER OF ATTORNEY ToE o�p�PIORD O Hartford, Connecticut 06155 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL ��S�f}NS BY TH��E PRESENTS THAT: A en� Code: 48-5U8�'7'� X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut '' X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana � Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut � HartFord Underwr'ite�s InsuranCe Company, a corparation duly organized under the laws of the State of Connecticut - - � Twin City Fire Insur'BnCe Company, a corporation duly organized under the laws of the State of Indiana � Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois � Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana � Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Jeffrey Todd Mclntosh, Connie Jean Kregel ��''� of Richardson, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by �, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �7-y � °""" � ;t a s �, � r �, "`"�. 'r4fr �,r*"" . 1 ,�ah ��.� � ��r�+�,� � �>� � :rca. aa■rre'� � a �4� 9""' � �� a r ye� �c,f„�," � $�,�"S' i � +s�r � � . ..� Y ;� s i#$I ... fi s 4 i�� . �.� � ;. + ,� xr�r:r,hv �' �"sst��` : #� �#'�,t € '� � ��4 7 �r , � 79R9 � �* `� �, ., ��f° ..... ;,$ '��„"^«.�� f �'s . �Sr� `� ,� «F�'k„�t i�'��'� a "-�,� 'rsilw�4 : f+��riN.' �� ddd`" �:F-� " �� `�� Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT � S�, Hartford COUMTY OF HARTFORD d w � �.�rt�� . M. Ross Fisher, Assistant Vice President On this 3�d day of November, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. � �,�� '� � �� . � �,;'� � �:;`� "��,x`:J�.� �.� ' � � sCOtt E.paseka Notary Public CERTIFICATE My Cammi�sion Exprres dctober 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 21, 2014 . Signed and sealed at the City of Hartford. .. ..�,.,.,,,. �,� "'N'Yr�.� ,�fy�„_„ � � �x�,w.i es �'a . .. �i r4,h,o ... �[Wr"� �- p � ��.eEn e�:.�'� � j.4d�'� r� �� "� '�}�.° �S �r �� t 1'80T � ,� �.�� i � � ;a i �. w��` � ',.r:'" • �� rrsrG��rr��" *{+�t��" �..,'A t a 7�,�� r l� 4 g r,�, �: I949 +� � '*� �. r �" .� ,. ,, . ��' � �° ..,,. „�: �„ .�F �a� � � . v�� _� a ' `�#p..} 5�� • . �`�'x,y�ca�fui� � ..eta�el�' '� ��.'�� r . � �� " �.. ;� , ✓ ��,,,. ' �r �;_. ,d.a� �,e,..._ . .... . i `�.',��{ ��` 'p' � �, Gary W. Stumper, Assistant Vice President �� ', �� `�� IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent who is listed on the Declarations Page of your policy, or on your binder or certificate of insurance. You may call The Hartford toll-free telephone number for information or to make a complaint at 1-800-392-7805 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ;g,� �� , �" : ; AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su agente quien esta alistado en las Paginas de Declaracion de su poliza, o en su resguardo provisional, o en el certificado de seguro. Usted puede Ilamar al numero de telefono gratis de The Harlford's para informacion o para someter una queja al 1-800-392-7805 Puede comunicarse con el Departamento de Seguros de Texas para conseguir informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Form G-3116-1 Printed in U.S.A. Page 1 of 1 Exhibit G Insurance Rea uirements �- and Contractor pocumentation ,� MILUGA-01 LBARBER �� " DATE(MMIDD/YYYI� CERTIFICATE OF LIABILITY INSURANCE si2�rao�a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER7IFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EX7END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 7HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CON7RACT BE7WEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. II�N��'3�i�N7'. 9f th� ��rt�flc�#� hr�ld�r ts an R[��7tTI�1�AL I�1�l�R�[�, the policy(ies) must be ��lr��s�ci. I� �L1�R��l�k� P� W�6V��?, �u%J�et ta the terms and conditions of the pollcy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certiflcate I�c�l�dve irr ll��r of such ar�d��r►mrsk�� M PRODUCER ..... �� Larrowe, Inc. INSURED Jagoe-Publlc Company , �"°� J. Lee Milligan, Inc. P.O. Box 250 Denton, TX 76202 i `` �'� �, � � �� ,.�� ' � 834-5080 835-7726 INSURERISI AFFORDINO COVERA(iE NAIC # iNSUReR a: Travelers Property Casualty Company of Amerlca 25674 . --- — �....— u ... ..� ��E� e Travelers I�r��rrnnf Comp��y 25658 INSURER C : . w.. .._... — _..... — _ , ., __.. � INSURER D : ��1V��A�� R'TI�lGATE h1UM8��: F��'�6�1��1 [W�idf��; ___ _ __ _ _ __ _- -- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �.. . m � . . �.....m _ _ � _ IN�1�. .._._.... -- ��.1�1��.... - _._ I Ps�LI�� EFF PSiLiC'Y'�X�' � m TYPE OF INSURANCE �uco J wvn POLJCY N,l1MBER ��}{�ppk°�y yy�p��i�y'y'y�' LIMITS ____-__— -�.�.��,,,.� ,.. . OENERAL LIABILITY ,,,�'� � EAL�H OCCURRENCE � � $ 'I �OOO�OO �� A X COMMERCIAL GENERAL LIABILITY X`� VTC2J-CO-125D8118 :'' 10/01/2013 10l0112014 ��`��'�� 300,00 %� P�a�nnjs�� a �c�ctii�rae��a $ 1,�, t� __ t._ . . ._� __. � � CLAIMS-MADE �� OCCUR a°�` � � MED EXP (Any one person) � S 5 00 — _......... __...... _ { PERSONAL & ADV INJURY $ 'I �OOO�OO � .._. � __ GENERAL AGGREGATE $ Y,OOO,OO � -- �. .. „ .., — - � GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Z�OOO�OO ' ..,u � _� � ��--. . a. � P[7�ocv � � ��`�� .:, �ca� i ! A X ro Noei��,��r� ` X�' X i�C2J-CAP-125D908�' 10101I2013 10I07I201� eo �3 �� I 1 000 00 _ , �z a�°.��c��n�. s � � ( DILY INJURY (Per peraon) 9 ALL p4M�lE[7 ' SCHEDULED � BODILY INJURY (Per eccldenQ S � , AUi(a� � AUTOS , X FiIRED AUTOS � X NON-OWNED �F��CkP�3�T`�b�h+�6i�i� $ �� t _. AUTOS IPER,��IC1�N'� _., . „ � , � $ X UMBRELLA LIAB X OCCUR : EACH OCCURRENCE $ B4OOO,OO — s .,_ „ /� � EXCESS LIAB �_ CLAIMS MADE; X X'�SMJ-CUP-125D9128 10/0112013 , 1010112014 AGGREGATE 5 8,�0�,�� .p . . __._ � .. DED I � RETENTION� .�'� c. -� $ WORKERS COMPENSATION ° � /X I WC STATU I c OTFi AND EMPLOYERS' LIABILITY'� / Tf1RV I IMITS � �R �''` ...._. ��33. __�., _. �� B ANYPROPRIETORJPARTNER/EXECUTIVEY�N X�TC2K-UB-1C199838=`° � 10101/2013 7010112014 E.L EACHACCIDENT $ �,��,�� , OFFICER/MEMBER EXCLUDED9 � , N �A - — -- " " �r " '(Mandatory In NH) E.L DISEASE - EA EMPLOYEE S 7, 0 0 0, 0 0 � DESL�RI�PTCI�ON OF OPERATIONS below ��E.L. DISEASE - POLICY LIMIT i ��OOO,OO .��. DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES (Attach ACORD 101, Addklonel Rem�rks Schedule, If more spece Is requlred) 'City of Denton, Hickory Strset Paving Improvements CERTI��G#�i"� City of Denton „�.F 801 B Texas Street Denton, TX 76209 SHOULD ANY OF THE ABOVE DESCRIBED POLICIE3 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVI310N3. AUTHORIZED REPRESENTATIVE � r � �'�'! .� � i,>„r' ,�, f,,. � 1988-2010 ACORD CORPORATION. All rlghts reserved. ACORD 25 (2010/05) The ACORD name and logo are reglstered marks of ACORD ATTACHMENT A INSURANCE REQUIREMENTS AND WORKERS' COMPENSENTATION REQUIREMENTS Respondent's attention is directed to the insurance requirements below. It is highly recommended that respondents confer with their respective insurance carriers or brokers to determine in advance of Proposal/Bid submission the availability of insurance certificates and endorsements as prescribed and p�ovided herein. If an apparent low respondent fails to comply strictly with the insurance requirements, that respondent may be disqualified from award of the contract. Upon contract award, all insurance requirements shall become contractual obligations, whrch the successful contractor shall have a dury to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligalions or liabilities of t/Te Contractor, the Contractor shall provide and maintain until the contracted work has been contpleted and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafler. As soon as praclicable after notification of contract award, Contractor shall file with the Purchasing Departmenr satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to tl:e Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to proposa//bid opening, since the insurance requirements may not be ►nodif ed or waived after proposal/bid opening unless a written exception laas been submitted with the proposal/bid. Contracior sha[l not commence any work or deliver any material until he or sf:e receives not fcation that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the fol[owing general specifications, and shall be maintained in compliance with tl:ese ge�zeral specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. • Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (1) The Contractor hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the Owner, it being the intention that the insurance policies shall protect all parties to the Contract and be primary coverage for all losses covered by the policies. This waiver of subrogation shall be included, by endorsement or otherwise, as a provision of all policies required under Attachment A. (2) Insurance companies issuing the insurance policies and the Contractor shall have no recourse against the Owner for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of Contractor. (3) Approval, disapproval or failure to act by the Owner regarding any insurance supplied by the Contractor (or any Subcontractors) shall not relieve the Contractor of any responsibility or liability for damage or accidents as set forth in the Contract Documents. The bankruptcy, insolvency or denial of liability of or by the Contractor's insurance company shall likewise not exonerate or relieve the Contractor from liability. (4) The Owner reserves the right to review the insurance requirements of this Attachment A during the effective period of this Contract and to modify insurance coverage's and their limits when deezned necessary and prudent by the Owner's Risk Management Division, based upon economic conditions, the recommendation of professional insurance advisors, changes in statutory law, court decisions or other relevant factors. The Contractor agrees to make any reasonable request for deletion, revision or modiiication of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either party to this Contract or upon the underwriter of any such policy provisions). Upon request by the Owner, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage's and shall pay the cost thereof. (S) No special payments shall be made for any insurance policies that the Contractor and Subcontractors are required to carry; all axe included in the stated Contract value. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaclion of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications lhrougl:out the duration of the Contracl, or longer, if so noted: [X] A. General Liability Insurance: §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than w,y� LL each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1.000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreennent. [X] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a speciiic contract, that requirement will be described in the "Speciiic Conditions" of the contract specifications. 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, iile a new certifcate of coverage with the governmenta] entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certiiicate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the 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 shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classiiication 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 certificaie of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Exhibit H Contractor Business Information IFB 5522 2. Address (Principle Place of Business: 3 o ao F% wo�TN D�� 1��/vt'vN,'�k 7bao5 3. Does your company have an established physical presence in the State of Texas, or the City of Denton? c,�� f�a-� U 4. Tax Payer ID#: �.S - 0$33 lo.�� 5. Email Address of Primary contact: JS3uE�l�tti� `� sA�,o�Pu.3r.�c. corv� 6. Website Address: �„lw�r . 3�c�o�Pc�e�zc. . c o,,,., 7. Telephone: c�� p. 3Sa •��( s. �ax: 9`la � 3sa � q�3� 9. Other Locations: 10. Organization Class: Partnership Individual �� Association 11. Date Established l � �� 12. Former Business Name: N/A 13. Date of Dissolution: �� 14. Subsidiary of : �/ l� 15. Historically Underutilized Business: Yes or� 16. Principals and Officers: Please provide background and experience information, and detail responsibilities with the name of each principal or officer. 17. Key Personnel and Responsibilities: Please detail responsibilities with the name of each key personnel. Please specifically address and provide background and experience information on the Project Manager and Superintendent that will be utilized on this project. Include OWNER reference and contact names with area code and telephone numbers indicating experience with projects similar in size to those listed in response to question #19 below. 18. Number of Personnel by Discipline: Page 34 of IFB # 5522 IFB 5522 DisciplineNumber of Staff# Licensed ox Certified 19. Services Provided by Firtn: Please provide a detailed listing of all services that your company provides. Please detail your prior experience working on similar projects with Texas governmental entities. Please detail your siznilar services provided, and documented proof over the past five (5) years, similar in cost and schedule to this project (include project name, Owner/Engineer, contract price, contact person and area code and telephone number). Please include a MINIMUM of five 2.5 million gallon elevated storage tanks or larger projects that are currently substantially complete. On the projects listed above, what were the final project change order amounts7 Were the projects completed within the specified time frames (this includes both substantial and interi�m milestone dates)? If not, why not, and were any damages or liquidated damages paid to the OWNER as a result of the late completion? Please detazl these services, including, the nature of the services provided, and the scope of the activities, the organizations for which the services were provided, the dates of the projects, and the documented benefit to the governmental entity. 20. Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name7 If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. 21. Please provide at least (3) three xe£erences (pFeferably municipalities) and contract amounts, for which you/your firm have/has constructed projects within the preceding 24 months.. Include project description, contact names, position, and organization name and telephone nwnber for each reference listed. See attachment F. 22. Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner(s) and Engineer/Architect(s). N 0 23. Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number(s) of Owner(s) Engineer/Architect(s). r! � 24. Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 "General Tndustry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your Company's customary activities? It�� a:Clwvv�av,easi��. t��vl � l�l��lt��r��i�?va��cr�h��e��°�1� ��?� �Q� iv�e=�TA�dDAI�� toc level=l &b kevvalue=1926 25. Please indicate the total number of projects your Firm has undertaken within the last fve years7 26y P��s� p�°��id� �r�aa��i�l d�t� e��asi�tiz�� c��,u�3i��1 �t��ncit�l �t�.t��a�a�ts frar i�� p��t ��r�� '��xs. �� t��° t..� �� -� .�. �� '�°% �`�'' 27. Please provide a list of current, active co��tr��c�iT�at �c��ar �rrx� i� ��d v��tl�,� Page 35 of IFB # 5522 IFB 5522 28. Insurance Information a. Name of Insurance Carrier b. Agent Name c. Address o£ Agency d. City/State e. Phone Number f. Email address of Agent 29. List all subcontractors, and detail qualifications and experience of each, whom respondent estimates will ful�ll 15% or more of the contract: 30. Please detail the qualifications of the manufacturers proposed to furnish the principal items of material or equipment. 31. Resident/Non-Resident Bidder Determination: Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders' state. In order to make this determination, please provide the narne address and phone number of: a. Proposing firms principle place of �u��r�e�s: �� b. Company's majority owner principle place of business: , � ��" c. Ultimate Parent Company s pri�c��l� �l��e of business: ATTACHMENT F BID EXCEPTIONS Any exceptions taken to this IFB must be listed on the lines below. If there are no �xceptions, please sign where indicated at the bottom of the page. Page 36 of IFB # 5522 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 �a��'� � �� &°r Offce of the Secretary of State Certifcate of Fact Nandita Berry Secretary of State The undersigned, as Secretary of State of Texas, does hereby certify that the document, Articles of Incorporation for JAGOE-PUBLIC COMPANY (file number 10498700), a Domestic For-Profit Corporation, was filed in this office on November 15, 1950. It is further certified that the entity status in Texas is in existence. �'"° , - �� .� , +��T� � y � ��,��w,�� + � ��. ��' � �� .� �� In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on Apri121, 2014. ��r�� Nandita Berry Secretary of State Come vlslt us on the internet at h1tp./hvww.sos.state, br.us/ Phone; (512) 463-5555 Fax; (512) 463-5709 Dia1:�7-1-1 forRelay Sarvices Prepared by: SOS-WEB TID: 10264 Document; 540135980003 IFB 5522 Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) All other charges and costs Tota.t The total must equal the total amou.nt of the Contract. CONTRACTOR: � " •� ° � �� CONIP,��C BY � ��,_ �i � �% � . . .__.. n.. .y �`��_ __.�_.� . �0�.0 �T W D'�-7�4 i�R,zJ�� Street Address ��v��m ��.� �� -� � �� - - - City and State �$ �°�� : �� $ �� '�$� � �� % ��'� $ �, "1�'��a �' • ��' ��.�..._��.�.� � .�� THIS FQR1V� SHAL_L �� CiJTE.D AT THE TIME OF EXECUTION OF THE +��'�A�T A�l�`�r SHALL BE MADE A PART OF THE ��I`�T`1�.A��'. ATTACHMENT E BUSINESS OVERV�EW QUESTIONNAIRE 1. Contractor Name : Page 33 of IFB # 5522 Exhibit I � � � � .. � . , , . CITY OF DENTON BID FOR LIGHT DUTY VEHICLES _ _ _.._. . __� ... CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg,, Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a �ate Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requircmcnts under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local govemment entity ' 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 knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ._ .,�_� � � . _ �� __ _ .....__. _�. � Name of person who has a business relationship with local governmental entity. NI� 2 Check this box if you are filing an update to a prevlously flled questionnaire. (The law requires that you ffle 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.) �_ � �.... m �... ....... _— _ 3 Name of local government o�cer 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 fller has an employment or other business relationship as defined by Section 176,001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment Income, from the filer of the questionnaire7 Yes ��_...I 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 sectian AND the taxable income is not received from the local governmental entity? � .I Yes � I 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 more7 0 Yes I� No D. Describe each affiliation or business relationship. _ __ __... � � . .,. _..a...__ ,_._. na .. _ _ _ � . v..rcma.. . �aaaaaaa �..... .WV.. � � 4 Signature of person doing business with the governmental entity Date Adopled 06/29/2007 PAGE 18 OF BID # 5557