Loading...
2006-194 ORDINANCE NO. 200r/r /11/- AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TEMPORARY SHORING FOR THE WAINWRIGHT PEC-4 CHANNEL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3520-W AINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING AWARDED TO LOWEST RESPONSffiLE BIDDER, CRAIG OLDEN, INe. IN THE AMOUNT OF $33,616). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures ofST A TE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase ofthe materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office ofthe City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 3520 Craig Olden, Inc. $33,616 SECTION 2. By the acceptance and approval of the above numbered items ofthe submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this f{}(;Kdayof q~ ,2006. ~~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY RY~~4V-- ~l\J1,w '\ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-Bid 3520 Exhibit A BID #3520 DATE: 6/8/06 BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING DESCRIPTION Principle Place of Business: LS Contracor's Warranties and Understandings 2 542 LF Temporary shoring wal including reinforcement and incidentals- complete and in place. (Sta 7+36.4: 15' right to 8+07.6; 15' right) 3 585 LF Soil nails, including incidentals, complete and in place. 4 LS Mobilization and demobilization GRAND TOTAL Schedule: Contractor mobilization not more than _ calendar days after receipt of contract award notification. Bid Bond VENDOR Craig Olden, Inc. lillie Elm, TX $2,000.00 $38.00 $12.00 $4,000.00 $33,616.00 7 YES CONTRACTBYANDBET~EN CITY OF DENTON, TEXAS AND BID NO. 3520 THIS CONTRACT is made and entered into by and between Craig Olden, Inc. whose address is PO Box 5000 Little Elm, Texas 75068, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for the temporary shoring of the Wainwright PEC-4 Channel. These products and services shall be provided in accordance with the Specifications for Bid 3520-Wainwright PEC-4 Channel Temporary Shoring, a copy of which is attached hereto and incorporated herein as Exhibit "A" (or on file in the office of the Purchasing Agent), and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: ,/ (a) Specifications for Bid 3520 Wainwright PEC-4 Channel Temporary Shoring;(Exhibit "A" or on file in the office of the Purchasing Agent). (b) Contractor's Bid. (Exhibit "B"); (c) Insurance Requirements. (Exhibit "C"); (d) Form CIQ - Conflict of Interest Questionnaire (Exhibit "D"). 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 the written agreement then to the contract documents in the order in which they are listed above. These documents shaIl be referred to collectively as "Contract Documents." S:\prch\Contracts Documents\3520 Wainwright PEG Channel. doc II. TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within fourteen (14) days following notice to proceed from City. Or III. TERM OF CONTRACT The initial term of this Contract shall be through completion and acceptance of the project. IV. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents under the Agreement shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Bid Specifications attached hereto and incorporated herein as Exhibit" A"(or on file in the office of the Purchasing Agent). Contractor warrants that the goods and services provided to City under this Agreement shall be free from defects in material and workmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Contractor following city's acceptance of the work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Total compensation under this contract shall not exceed the sum of Thirty Three Thousand Six Hundred Sixteen and 00/100 ($33,616). Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end .of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. S:\prch\Contracts Documents\3520 Wainwright PEG Channel.doc VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII. INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set forth herein. VII. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. VIII. INDEMNIFICATION Contractor shall release, defend, indemnify and hold the City, its elected officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Contractor under this Agreement or caused by the negligent act or omission or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out of the subject matter of this Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in fulfilling its obligation hereunder to defend and indemnify City. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. S:\prch\Contracts Documents\3520 Wainwright PEe Channel.doc IX. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shall indemnify and save harmless City against any claim related to or arising from the violation of any snch laws, ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. X. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. XI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the work will be sublet to anyone objectionable to City. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. S:\prch\Contracts Documents\3520 Wainwright PEG Channel.doc XIII. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date ofthis Contract. XIV. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. xv. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit of No Prohibited Interest, attached and incorporated herein as Exhibit "D". XVI. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. S:\prch\Contracts Documents\3520 Wainwright PEG Channel.doc XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XIX. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. xx. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. IN WITNESS WHEREOF, the parties have executed this Contract by signing below. Date: '6/3{Olo CITY OF DENTON, TEXAS ~ ~~~d \ Date: ~(Iolorp I By: CITY MANAGER S:\prch\Contracts Documents\3520 Wainwright PEG Channel.doc . . ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 0Mftf!t~1 [2u;t. APPROVED AS TO EDWIN M. S BY: GAL FORM , CITY TTORNEY ACKNOWLEDGMENTS STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ This instrument was acknowledged before me on the 3 dfA of ~ 2Q06, by 7R.t1h'r f3~ ' f[iL ~Yi' C. rotS (J/ (hill J Ill1c . a , corporation, on behalf of said corporation. of ."'IV~"',,, f~~~~' .r.4'(/~ n, :'~} \"'i ",\". """t.!,\\'" ALICIA SHEEDER Notary Public, State of Texas My Commission Expires January 07. 2007 dluu \M~d~ Notary Public, State of Texas STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ This instrument was acknowledged before me on the I~.g;; day of ~ ' 2006 by !ftf.J/Jt2IJ /)'JAL'17'-'/ , City Manager of the CITY OF D NTON, TEXAS, a home-rule municipal corporation, on behalf of said corporation. ~.."~~~'~'t',,.... "'~"'h /",." '.~~ \J. J..} -:.,~;o;;\+~ ''''111'''' lINDA HOLLEY Notary Publjc~ S~ate of Texas My CommIssIon Expires December 08, 2009 ~~/ o Public, State of T s S:\prch\Contracts Documents\3520 Wainwright PEC Channel.doc ~ EXHIBIT B Purchasing Department 901.8 Texas St. Denton, TX76209 (940) 349-7100 www.dentonpurchasing.com ORIGINAL When in Red Ink DO NOr COi~~mo~~ge F/LE#. Distribution (initials) Bid #3520 Wainwright PEC-4 Channel Temporary Shoring BIDS DUE: June 8, 2006 2:00 P.M. Bid submitted by: C VtU~Ii1Bn, ~n::> Company Name 4fT TABLE OF CONTENTS PROPOSAL FORMS ...........................................................................................................1 - 2 BID INSTRUCTIONS AND CONDITIONS ...................................................................~........3 .7 OPENING DATE, TIME, PROCEDURES, CONTACTS.................................................. 3 GENERAL CONDITIONS ..................... ................................ .... ... ................................4 -5 EVALUATION CRITERIA ......... .......... ....... ............ .......... ............ .......... ....................... 6-7 DISADVANTAGED BUSINESS ENTERPRiSES....................................................................... 8 VENDOR REFERENCES ..........................................................................................................9 SPECIAL TERMS AND CONDITIONS ...............................................................................10-11 APPENDIX A ........................................................................................................................... 12 SAFETY RECORD QUESTIONNAIRE ..................................................................13 - 15 SAMPLE CONTRACT AGREEMENT ....................................................................16 - 22 INSURANCE REQUIREMENTS ............................................................................23 - 30 CONFLICT OF INTEREST QUESTIONNAIRE............................................. 31-32 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. ~ CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING I'~. ';.'1:'<";'\";" ,.'-..-",',,' :.: _ ". ".- ::i,:..\ f:.: ,::,.:.\:~,,:..,~,;::,:;'-';_:.::'-:>-i:i:.:::;~'~J,~.[;:>.:li~,: ":,_"'. ,",BJE>,g~~J~0.sAlld;;0RMi .:; .,..' :: <"'~.::'.;"<('::\~;-":::;;i)i:'i;:/,":: ''''''''--:i;:-:::L''\:< .. '<1, ._ "',"-" C"-',-.'-_" '.. ,....>.".. '.<.,';>>ft:,j.' '. . "". .' '. .....,.>....Tjr,)X(J,.~I'f';:, TOTAL AMOUNT UNIT PRICE ITEM QTY. DESCRIPTION 1 Contractor's Warranties and Understandings '2,om.oO ILS '2oeo.CO Unit Price in words :Ii:i.2D'/hOll ~:(i ~ D!JI f (J r:<-, "" A , no Lf'/lt'O 2 Temporary Shoring wall including reinforecement and incidentals- 542 complete and in olace. (Sta 7+36.4; 15' right to 8+07.8; 15' right) 3 !S'.Q{) ILF 2Q ;::;'1(",00 2 Unit Price in words1TlI(+Y. - Ei'lAhf T'xlllli ,(::, <J /iron no (PAil+-'" 3 585 Soil Nails, includina incidentals, comolete and in place. Unit Price in words f(.()iIVG Do () (J(.'" (, V'>d ) 11..00 ILF I. D20cD 3 V)() ( f-Vl t':> 4 1 Mobilization and De-mobilization 4,lJCO.CQ ILS 4, (XD. CO Unit Price in words.tfuu::1hOJ,0I1f1r,( . '[;nlll1f<; /inti nil Cents 4 SCHEDULE; Contractor mobilization not more than ~ calendar davs fler receiot of contract award notification. 'Prices shall be bid F .O.B. Denton -In case of calculation error, unit pricing shall prevail. The bid prices were provided with full consideration of the specifications without exception. Io! ~ /010 , I Date @ NO d Representative PAGE 1 OF BID #3520 Bidder's Initial@- ~ CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: ~'.l~:~~' Lt H1; V VY\. le..p:;;:) 7<;0(06 AUTH~ Slgnatur Date to I g /01.0 Name-=.J ~('\{(y 'P:>rtJ. i Title V\(.e 'Prcsir1mt FaxNo.flll /-C15 2-UA- Email.t\0ro.y @r <<Li3al.d ~n \ N) {OfY) Tel. No. 0,12.. lq4 '5COo COMPANY IS: Business included in a Corporate Income Tax Return? )( YES NO L Corporation organized & existing under the laws of the State of --I cv .a ') Partnership consisting of Individual trading as Principal offices are in the city of PAGE 2 OF BID #3520 Bidder's InitialN!l.- ~ CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING COMPLETE SET OF ORIGINAL AND ONE (1) COpy OF EXECUTED BID PROPOSAL MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-B TEXAS ST, DENTON, TX 76209 ON OR BEFORE JUNE 8, 2006 AT 2:00 P.M. QUESTIONS REGARDING SPECIFICATIONS MUST BE SUBMITTED IN WRITING TO THE PURCHASING OFFiCE FIVE (5) WORKING DAYS PRIOR TO THE BID OPENING. ALL QUESTIONS SUBMITTED AFTER THAT DATE WILL NOT BE CONSIDERED TO ENSURE ALL BIDDERS ARE GiVEN EQUAL ACCESS TO THE INFORMATION PROVIDED. All questions regarding the bid and purchasing process should be directed to: TOM SHAW, PURCHASING AGENT Email: Tom.shaw@cityofdenton.com Phone: (940) 349.7100 Fax: (940) 349.7302 Directions to the Purchasing Department can be accessed at www.dentonpurchasinq.com (Click on "Directions to our Office") All bids, includinq a "NO BID", are due in the Purchasinq Department bv the due date, in sealed envelopes or boxes. All bids must be clearly marked with the name of the Company submitting the bid, the Bid Number and Date and Time of opening on the outside of the envelope/box. Original bid must be clearly marked "ORIGINAL" and contain all original signatures. All proposal pages must be initialed or signed where indicated. All bids will be publicly opened at the date and time listed above or as soon thereafter as practical. The City of Denton does not accept faxed bids. Anv bid received after the date and/or hour set for bid openinq will be returned unopened. If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible for actual delivery of the bid to the Purchasing Department before the Cldvertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of the City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be returned unopened. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be grounds for disqualification. After the official opening, bids become the property of the City of Denton and may not be amended, altered or withdrawn without the recommendation of the Purchasing Agent. The approval of the City Council is required for public works projects. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. Submitted bids shall remain in force for a sixty (60) day period after opening or until award is made; whichever comes first. In case of default after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. The City of Denton will award the bid to the lowest responsible bidder while complying with all current state and local laws. The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. PAGE 3 OF BID #3520 Bidder's Initlals"'f!l- ... CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING The City of Denton is requesting bids for BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING. All bids must be submitted on the attached Bid Proposal Form. The City of Denton will not enter into any contract where the cost is provisional upon such clauses as "escalator" or "cost-plus" clauses. All bids shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of bid. City review, inspection, and processing procedures ordinarily.require thirty (30) days after receipt of invoice, materials, or service. Bids 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 Agent, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuinq non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies that are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for non- performance termination. The contract may be terminated by the City upon written thirty (30) days notice prior to cancellation. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, the City of Denton reserves the right to waive any irregularities. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. Bids containing any irregularities. 2. Unbalanced value of any items. 3. Bid price cannot be determined based upon information provided, i.e. missing freight charges, or other fees. PAGE 4 OF BID #3520 Bidder's Initials\J7:3- CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING Bidders may be disqualified and their bids not considered for any of the following reasons: 1. Collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. 3. The Bidder being interested in any litigation against the City. 4. The Bidder being in arrears on any existing contract or having defaulted on a previous contract. 5. Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. 6. Uncompleted work, which in the judgment of the City, will prevent or hinder the prompt completion of additional work, if awarded. 7. Any other unresolved issues with the City. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer. The City of Denton and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful bidder may not assign their rights and duties under an award without the written consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the event of default by the assignee. Delivery date is important to the City and may be required to be a part of each bid. The City of Denton considers delivery time to be that period elapsing from the time the individual order is placed until that order is received by the City at the specified delivery location. The delivery date indicates a guaranteed delivery to the City of Denton, Texas. Failure of the bidder to meet guaranteed delivery dates or service performance could affect future City orders. The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated. If order is given and the Bidder fails to furnish the materials by the guaranteed date, the City reserves the right to cancel the order without liability on its part. PAGE 5 OF BID #3520 Bidder's Initials \f1)-- CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING Evaluation criteria shall include, but is not limited to the following: a. Lowest responsible bidder meeting specification b. Delivery c. Vendor's past performance record with the City of Denton d. City of Denton's evaluation of vendor's ability to perform e. City of Denton's experience with products bid f. Special needs and requirements of the City of Denton Quantities indicated on the Bid Proposal Forms are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. Any cataloq, brand name or manufacturer's reference used is considered to be descriptive-- not restrictive - and is indicative of the type and quality the City desires to purchase. Bids on similar items of like quality may be considered if the bid is noted and fully descriptive brochures are enclosed. If notation of substitution is not made, it is assumed vendor is bidding exact item specified. Successful vendor will not be allowed to make unauthorized substitutions after award. Inspection and Acceptance The City of Denton may reject and refuse any delivery, which falls below the quality designated in the specifications. The cost of return and/or replacement will be at the vendor's expense. Contracts & Bonds The successful awarded vendor will be required to sign the original contract and submit the required insurance certificate before work is to is to commence. o Each proposal must be accompanied by a cashier's check, certified check or acceptable proposal bond payable without recourse to the City of Denton, Texas in the amount not less than 5% submitted as a guarantee that the proposer will enter into a contract and execute any required bonds, and insurance certificate, within ten (10) days after the notification of the award of the contract to the proposer. All bids received without the above will be rejected and considered non- responsive. Insurance Bidder's attention is directed to the insurance requirements as attached on Appendix A. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award ofthe contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. PAGE 6 OF BID #3520 Bidder's Initials W CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. Tax Exemption The City of Denton qualifies 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. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09. VP- PAGE 7 OF BID #3520 Bidder's Initiais CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY DisadvantaQed Business Enterprises (DBE) are encouraged to participate in the City of Denton's bid process. The Purchasing Department will provide additional clarification of specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. . The City recognizes the certifications of the State ofTexas Building and Procurement Commission HUB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program Texas Building and Procurement Commission PO Box 13047 Austin, TX 78711-3047 (512) 463-5872 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: TELEPHONE NO. FAX NO . Indicate all that apply: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 8 OF BID #3520 Bidder's Initials W CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING VENDOR REFERENCES Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this bid. ---- GOVERNMENT/COMPANY NAME: I 'i DO T LOCATION:-LH 35 E: -' 'DrY'I1c'YI Cl1u.rd.y. !es~# r)\t1L>-DI-oili? lX'2)# If.I\D 3s.U38'o(} CONTACT PERSON AND TITLE: SIUl Mount rorprYfrtl/)n - fll t:,.,-OI/J{1 TELEPHONE NUMBER: -.fl40. to 4f? 2. 141 . SCOPE OF WORK: \f:>m pora.n1 :)hOri~ CONTRACT PERIOD: -UllJOlo - \ II dlJ Ofo -- GOVERNMENT/COMPANY NAME: I ~fY'JT LOCATION: ~ US 38:J. U(h-trYl (b1"''\\-1. 1':>3.1:1-0134-01-04-1 J ?(~* Be 2COo (12) CONTACT PERSON AND TITLE: 8b 'he,[ \ Coo fr\)'!J( h6Yl - 'P-o~(t D Wd::AP,r TELEPHONE NUMBER: '2. \4-. 352.. 320 \ SCOPE OF WORK: 3ft7;;1 ~'1 5hon~ CONTRACT PERIOD: J [ 2- 0 - I \/ 21 el5 .--,- - GOVERNMENT/COMPANY NAME: I X. Co ( LOCATION:_FIY1 ?JZ\\lP rDIQ'~ ~L1~ ts~ti ~:p. ~~~ ~1S iF 2 & tt.~ CONTACTPERSONAND~ITLE: ,(is {) :~f d,1:< 0\'1 hi TELEPHONE NUMBER: '2 \ 4. 5CJ /Po 'l3?J 2 I - ~ SCOPE OF WORK: I Ii >'11 ~Diln CONTRACT PERIOD: ~~I g;;r 05 - j I It, I de PAGE 9 OF BID #3520 Bidder's Initials W CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING SPECIAL TERMS AND CONDITIONS 1. The following will be provided by the City of Denton: a. Traffic Control b. Excavation of Channel c. Excavation dewatering d. Construction control survey e. Access to work site on public or private properties f. Permission from property owner to install soil nails under foundation g. Storage area for Contractor materials and equipment h. Erosion controls during construction 2. The following will be provided by the Contractor: a. If alternate design is selected, provide design plans and shop drawings certified by a professional engineer registered in Texas at least 5 days prior to starting work. b. All materials, labor, and incidentals to complete the work are included in the amounts bid. c. Construction layout survey d. Excavation by hand or special excavation required to install or stabilize shoring system. 4. General conditions a. Contractor shall not trespass nor work on private property prior to City granting permission to do so. b. Contractor agrees to coordinate operations with the City construction activities to the benefit of both parties. c. Contractor work hours will be Monday through Friday and coincide with the City's normal work hours. Night, weekend and overtime work is not allowed unless special circumstances require such work and prior approval is obtained from the City. PAGE 10 OF SID #3520 Bidder's Initials v;z;;- CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING d. The bid quantities may be increased or decreased up to 20 percent without change to the per unit amounts bid. Contractor shall be paid forthe actual quantities installed as measured. The City's measurement takes precedence should a discrepancy arise. e. The temporary shoring wall shall remain in place during backfilling by the City. PAGE 11 OF BID #3520 Bidder's Inilial~ CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING APPENDIX A PAGE 12 OF BID # CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection orworker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement; suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. c. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Denton. PAGE 13 OF BID #3520 ,CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? NO 'f. YES If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. NO '/ YES If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO 'I If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. PAGE 14 OF BID #3520 CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions, I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepresentations or omissions may cause my b' be rejected. G<.y VICC ?(e~-iri~nt- Title PAGE 15 OF BID #3520 EXHIBIT C CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: . Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. . Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. PAGE 23 OF BID #3520 CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING . Liability policies shall be endorsed to provide the following: . Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. . That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. . All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MA TERIALL Y CHANGE WITHOUT 30 DA YS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPA YMENT OF PREMIUM IN WHICH CASE 10 DA YS ADVANCE WRITTEN NOTICE IS REQUIRED". . Should any ofthe required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. . Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. . Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. PAGE 24 OF BID #3520 CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [Xl A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: . Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. . Coverage B shall include personal injury. . Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: . Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. . Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [Xl Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than }300.000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: . any auto, or . all owned, hired and non-owned autos. PAGE 25 OF BID #3520 CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with 9406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $ combined bodily injury and property damage per occurrence with a $ aggregate. [ ] 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 each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 1 00% 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 PAGE 26 OF BID #3520 CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. [] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. PAGE 27 OF BID #3520 CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 9406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project. the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: PAGE 28 OF BID #3520 CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage. if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery. within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements ofTexas 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, priorto the end ofthe coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end PAGE 29 OF BID #3520 CITY OF DENTON BID FOR WAINWRIGHT PEC-4 CHANNEL TEMPORARY SHORING of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. PAGE 30 OF BID #3520 EXHIBIT D (C(Q)[P)f CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ This questionnaire is being filed In accordance with chapter .176 of the Local .Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local . Government Code. OFFICE USE ONLY Date Received A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 2J Name of person doing business with local governmental entity. C rai~ Olcfen.-:me,. [iT o Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the approprlate filing authorlty not later than September 1 of the year for which an activity descrlbed in Section 176.006(a), Local Govemment Code, Is pending and not later than the 7th business day after the date the orlglnally filed questionnaire becomes incomplete or Inaccurate.) un tnown 51 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. COY1tY~JJOY kXtU(U'-lj rpUh11C ?roJC:t . o Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that Is the subject of this questionnaire. ti){\1Ya.-Ctor (.Ji'cU0YlJ 7 (,Gbll() ?(5~(;t. Amended 01/1312006 -' -r" CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only If the Answer to A, B, or C Is YES.) This section, item 5 Including subparts A, B, C & D, must be completed for each officer with whom the filier has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. . A. Is the local govemment officer named In this section receiving or likely to receive taxable income from the filer of the questionnaire? D Yes ao B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named In this section AND the taxable Income Is not from the local govemmental entity? Dyes ~o C. Is the filer of this qUes1lonnaire affiliated with a corporation or other business entity that the local govemment officer serves as an officer or director, or hoids an ownership of 10 percent or more? Dyes ~o D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of Interest. Yltf\G 7 ({H/OIn , Signature of person doing busin s . he governmental entity Date Amended 01/1312006 07/18/2005 10:50 9722010123 MULLIS NEWBY HURST . ..' CERTIFICATE OF INSURANCE IsSuE DATE' (MfNOI)(YY) PAGE 02/02 Certiflcat.. # 52073 369 07/18/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. BONDS AND INSURANCE COMPANIES AFFORDING COVERAGE 1.6600 Ddtl~S Parkway ._ S~lite 300 . DdI\'l~, Texa~ 7524'S 972.201.0100'. www.mnhhu.otom . Fax' 97Z.201.0123 COMPANY A LETTER Travelers Lloyds Insurance Co, INSURED Crai~ Olden, Inc./' P.O. Box 5000 Little Elm, Te><as 75068 COMPANY B LETTl:T-I R5Ullndemnlty Company(Swett CA} 0v.- \6!o ~\Z,~f COMl-'ANY C lFTTEn Hartford Underwriters Insurance Co. COMrw~y 0 IJ7"TTI:F1 Travel.... Indemnity Co. of Am..rica COMI"'ANY E LETTF~ COVERAGES THIS IS TO CERTIFY TI-I^l THE POLICIES OF INSURANC~ LlSfED BELOW I-I^vr: BEEN lSSI)EIJ TO THE lNSUi-1ED NAMED ABOVE FOR THE F"OUCY PERIOD INOICATED, NOTWITHSTANDING ANY REQUIAEMENT, rERM OR CQNOlnON OF ANY cONTRACT OR OTliER DOCUMrN1' WITH REspr;(;T TO WHICH TI'II:; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. "rHE INSURANCf ^FFORDED (JY THE POLICIES OESCR1BEO I.U:':IlEIN IS SUDJr:::CI ro ALL TI-I( TI:HMS, EXCLUSIO~S AND CONDITIONS OF SUCH POI.lCIES, liMITS SHOWN MAY HAVF..l3EEN REDUC!::O HY PAID CLAIM$. CO em POl-ICY EFFECT1\1'E I'OLICY EXPIflJ\TION DATE MMIOn(YY) DAre (Mtv\IODNY} TYPE OF tusURANCE POLICY NUMBEJ:l UMrrs CENERAL UABll A COMM!;:Rr.IAl GENEllAl L1A811 try l~LAIMS MADE [XJoc.GlJ OWNms B. CQN rJ.iACTO~S' rnOT. 10/31/05 c. _ l AGG:REGATr:: :; 10J31/06 PAOPUCT;.:.COMrvoI"AI.'l(1. .$ pl:nsgN!\I. ~ ^DV. IN,JUA'f ~; F.:AClI OCCI)flR~"IC.E . _ .:'t: FIR!; D~~GE (~nnr. f1mL $ MFO. EXPENSE fAn ,..np. .T!:UI'I C()"1025C;433-TLC;~ ._J~erJ?:r_oJoct AQQre,ga.t9 CAP.5409B436- TIA- 0,/'" 10/31/06 COMBINED GINGU! MIT 10/31105 ALL OWNl:DAlITOS S(;HEDULED AUTOS t-IlRFDAUTOS ~ ./' ~UN-OWNED AUTOS V G^RAG~, I I^QIUTY I3UI III Y IN,IURY .(P'~IX'I'l3OI1) BODILY IN,JlIRY (p('!r:lI::t.idcnll PROPCnTY 11AMAGF. $ N...A215204 . 10/31105 FACIIOCq-!flfll:.NGF 10/31 r06 AGC>RCGATE UMBnEUA Fnt4M OTHER THAN! IMI3RRl^ FOAM WORKER'S cOMPENSATION ANb EMPLOYERS' UI\l!'IUTY 46 WE QT1256 ~ 10/31/0 -l ACCIDeNT 10/31/05 ~:-f'Ol!r-:YllMIT t.1ISFA;.:F.: ~CI-I EMI"l.OYF:F OTHEFl , s . . R 0.0.0.,000.. . -' , _5OO.,D.0.0_ ..-' 1\00,0.00_ .... DESCAJPnON OFopEAATtON$JtOCATlONSNEHICI.F.S/SPECIAL rfEMS Rt': Walnwrigl1t PEC.4 Channel, benlon. TX, RFQ # 5538""'--- ~,.Citv 0{ l1~nton, It9 OfficiClI,\, A9fW~.. EmploY8e~ <Ind Vol~r5 <'ire inl~uded as Clduilion;;lllnsUfeds on i\ prlm:1ry and non-(;(JnlrJbUlory basis~r ot Sllbfl'.)g~liCln :lpplles in f~vl)( of Ihe :lddilior1C1I in~,vr~rJ~~ald policy c.h::l1l n01 be ,...nt.Cllcd, non renewed O( m:1l~rl:3lty chE\nge with out 30 dClYs ~dv<lnr.ed wrllten notice Iv n to the Ownc I exce when lh ollc is. bei c;Jncelled for non <l ment of rflmiu'1'I in wh:ch caE!:! '0 e1~' I; ::Jdv:~ncg wrltLcn notlcp. I'! re uired_______ CERTIFICATE IlOLDER CANCELLATION SHOULD ANY OF THE ABOV~ DESCRIBED POLICIES BE CANCCU_FD BEi=ORE TH~ eXPIRATION j)ATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL .1Qt;:l\Ys WRITTEN NOTICE TO THE CERTIFICATE rlOlD~R NAMED TO TH~ LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L1AI3I1JTY OF !\NY KIND UFONTl'IE COMPANY. ITS AGENTS OR REPRESENTATIVES. C;ity of Denlon / Attn: Julia /<linklPurchasin9 Dept. Al.1T110AIZE'D J:l~PRE:SENTATIVE ~ .~<:t~., ./. ..,;~. . ~1/18/2005 10:50 9722010123 MULLIS NEWBY HURST PAGE 01/02 . MULLIS NEWBY HURST LP FACSIMILE TRANSMITTAL SHEET To: Juno Klink From: Aaron Johnson Compony: City of Denton/Purchasing Date: 7/18/2006 Fax No: 940-349-7302 TOTAL NO. Of PAGES INCLUDING COVER: 2 Phone No.: 972-201-0100 Re: fax No.: 972-201-0123 aajohnson@mnhins.com. o URGENT o FOR REVIEW o PLEASE COMMENT o PJ.EASE RE!'T.Y o PJ.EASE RECYCLE C-C.- - Ko.+'1 b4"11,,~ CC'^0 Bt/2 t", J T)-;} 4 '-/ ~ A~&'1 . 1 ('ifl!)O DALI.^~ )'ARKw/ty, ~UITn 31)0' D,\LI.AS. 'rX 7S:l~!l pfIONE; 97:2-20'1~(/ltl). PAX: !J11-201.012:\ ~