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2007-136ORDINANCE NO. a~~ 7 ~~~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER REPLACEMENTS FOR SKINNER AND WILSON STREETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3779-SKINNER STREET AND WILSON STREET 8" SANITARY SEWER REPLACEMENTS AWARDED TO DICKERSON CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $179,277.50). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3779 Dickerson Construction Company, Inc. 179,277.50 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute ., , a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution ofa written contract and famishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _,~~'~!Lday of ,2007. ~ ~ , PE R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _ 3-OR 779 ~~~~~~ ,~ CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of June A.D., 2007, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Camnbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Dickerson Construction Company, Inc. Celina, TX 75009 of the City of Celina, County of Collin and State of Texas ,hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3779-Skinner and Wilson Street 8" Sanitary Sewer Replacement in the amount of $179,277.50 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and [he Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City eneineerin¢ and CDBG staff all of which aze referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether azising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, 'Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement~gtlle year and day first above written. ~' Ci A EST: ATTEST: Y)~~ -~ Citv of Denton OWNER BY: ` (SEAL) CONTRACTOR MAILING ADDRESS APPROVED AS TO FORM: TY ATT---=~--~ay''5~~7 9?~-38~-a1a.3 PHONE NUMBER ~?a~38a-any3 FAX}N~UMBERp BY: Y ~p ~ -/ ~D~r/Y_J.~n~ T[TLE ,~~x~eS o nJ PRINTED NAME (SEAL) CA-3 Bond No. 61 BCSDN9514 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY TI-IESE PRESENTS: That Dickerson Construction Company,~lnc. whose address is PO Box 181 Celina, TX 75009, hereinafter called Principal, and Hartford Fire Insurance Company / , a corporation organized and existing under the laws of the State of Connecticut ,and fully authorized to transact business in the State of Texas, as Surety, are held and fimily bound unto the City of Denton, a municipal corporation organized and e~tisting under the laws of the State of Texas, hereinafter called Owner, in'the penal sum of One Hundred Seventy Nine Thousand Two Hundred Seventy Seven and 50/100'DOLLARS ($179,277.Sa)-plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages azising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental'Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2007-136, with the City of Denton, the Owner, dated the 19 day of June A.D. 2007 ,/a ccopy of which is hereto attached and made apart hereof, for Bid 3779 Skinner and Wilson St. 8" Sanitary Sewer./ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guazanty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of fmal completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters azising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 5th day of Jules, 2007 / . ATTEST: PRINCIPAL Dickerson Construction Comoanv. Inc. BY: / SE TAR BY: PRESIDENT ATTF.ST~ BY: SURETY Hart rd ire Insurance om an BY: ATTO NEY-IN-FACT Roxanne G. Hebert . The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: - NAME_ John Fulkerson c/o McOuearv/Henry/Bowies/Troy STREET ADDRESS: 12700 Park Central Dr., Dallas Texas 75251 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 \m Bond No. 61 BCSDN9514 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Dickerson Construction Company,/ Inc., whose address is PO Box 18,1 Celina, TX 75009 hereinafter called Principal, and Hartford Fire Insurance Company/ , a corporation organized and existing under the laws of the State of Connecticut ,and fully authorized to transact business in the State of Texas, as Surety, aze held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinaftercalled Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of One Hundred Seventy Nine Thousand Two Hundred Seventy Seven and 50/100~DOLLARS ($179,277.50)~in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, sucdCssors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2007-136, with the City of Denton, the Owner, dated the 19 day of June A.D. 20074a copy of which is hereto attached and made a part hereof, for Bid 3779 Skinner and Wilson Street 8" Sanitazy Sewer Replacements. / NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, fums, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDEll FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the t~ h day of July 2007 !~ AT"I'EST: PRINCIPAL B ATTEST: BY: SURETY H r f it I n BY: ATTORNEY-IN-FACT Roxanne G. Hebert. The Resident Agent of the Surety in Denton County, Texas far delivery of notice and service of the process is: NAME: John Fulkerson c/o McOuearv/Henry/Bowies/Troy STREET ADDRESS: 12700 Park Central Dr.. Dallas, Texas 75251 (NOTE.• Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 ~6l PRESIDENT ~ Direct Inquiries/Claims to: POWER OF ATTORNEY PD B X" 0 6 OOASFORDENUE HARTFORD, CONNECTICUT 06115 call: 888.266-3488 or fax: 860-757-5835 KNOW ALL PERSO THAT: 1-811785 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Harttord Accident and Indemnity Company, a corporation duly organized nndcr dre laws of the Slate of Connczaicul Hartford Underwriters Insurance Company, a corporation duly organized undo the laws of the $18IC of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws o(lhe State of Indiana -- Harttord Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Harttord Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Harttord Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home offce in Harttord, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Bruce C. ~€Hart, Edward L. Moore, David R. Groppell, Lori Ellis, Roxanne G. Hebert, aren Groppell, Gary L. Timmons, Mary E. Mullins, Beverly A. Ireland of Spring, 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 [hereof, on behalf of the Companies in their business of guaranteeing the fdelity of persons, guaranteeing the pertormance 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 July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affxed, 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. rr i,y~ ~ Ye ~*w» 1 • r e s,br /J/'er^'e°~"„" ~ ' u~6 s' ~p.~,,~: - r ~S s •vOt 3#'~j~awW41`' r m .'1 trf "..w,rt" , pg 1z t \ o,iw• a ,t r$~9.! . sae • q{ ~~ ta9v R .. Paul A. Bergenheltz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT } ss. Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; 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. ~Sl. ~~} e / ~ Y ~~~ S ~oa I P eA Vat y 1 blic CERTIFICATE My Commission L'xpves October 31,'_009 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 July 5, 2007. Signed and sealed at the City of Hartford. ~IY 'V4~ f / `t( tr Yr 1 b ~j9 r ` .r"/Yy •'r°M O ,~wy r<var tjr~te ~,.. ,~<' ~. ggs I ,~.., lcae/^ i r•Nw~~ £ -.. IBTO~° - i Y IA A ~ Ix 4y~lSt O~ ~ ~~,, .: b>A .'~~r~ 9"~ w.. ~b~ ~'~""~,/~ of .;fi< ~. '' POA ?004 .' _ ` _._. r Gary W. Stomper, Assistant Vice President ~/ ~01 .~1~ ~ :i~~ :` III: Inquiries Regarding Claims }lartford Fire Insurance Company Fwin City Insurance Company Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford insurance Company of the Midwes[ Hartford Underwriters ]nsurance Company Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number 888-266-3488 Fax -Claims 860-757-5835 or 860-547-8265 E-mail claims@] stepsurety.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 From: Lintla Stodghill At: Hotchkiss Insurance Agency, Inc FaxID: Hotchkiss Insurance To: Nancy Date: 6272007 03:53 PM Page: 2 of 2 acoRU CERTIFICATE OF LIABILITY INSURANCE OPID LI DATE (MM/DDIY1'VV) PRDOUCER DICKS-1 06/27/07 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hotchkiss Insurance-Sherman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 123 N Crockett, q 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sherman TX 75090 Phone: 903-893-9477 Fax:903-892-6593 INSURERS AFFORDING COVERAGE NAILd INSURED 1 4• INSURERA T2Xa5 Mutual Insurance CO Dickerson Construction Co~ ~ ~ wsuRERB. Nautilus insurance Company JLD Trucking, Inc. P O B 181 U n `~ wsuRER C. AIG National Ins Co, Inc . . ox Celina TX 75009 ~ ~I 1' INSURER D: R.$DI Indemnit Com an y p y INSURER E' THE POLICIES OF INSURANCE LISTED BELOW HOVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF PNV CONTRACT OR OTHER DOCUMEM WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE I SSUED OR M1tAY PERTAIN, THE INSURANCE AFFORDED 8V THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE LERMS, EXCWSIONS AND COND NIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSU CE POLICY NUMBER DATE (MMIDDM'I DATE (MM/DDM'I LIMIT S GENERAL LIABILfN~ / EA CCURRENCE $ 1,000,000 B X X COMMERCIAL GENERAL LIABILITY 36169L/ D4/11/D7 04/11/Q$ PREMI $100 000 SES (Ea o<arercel , CLAIMS MADE ~ OCCU MED EXP (Pny one person) $ 5 , 0 D Q PERSONPL BADV INJLY2V $1 000 , ,000 GENERAL AGGREGATE $2 000 000 , , GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 000 ODO PRO- , , POLICY JECT LOC AU TOMOBILE LIABILftt C ANYAHro AIG61598351i 04/11/07 09/11/08 COMBW~EDIt INGLELIMIT $SOOOOOO ALL OWNED AUros AIG6159801/ 09 /il/D7 04/11/08 X SCHEDUL S eoDlLnwukv $ ED AUTO IPer parson) X HIRED AllTOS V X NON ~ BODILY INJURY $ -OWNED ADTOS IPer eccitlertl PROPERTY DPNAGE $ IPer accitlortl GAR AGE LIABILtN AUTO ONLY-EA ACCIDEM $ PNV AUTO OIHER TLNN EA ACC $ AUTO ONLY: AGG $ E%CESS/UMBRELLA LLABILITY D EACH OCCURRENCE $ 1 , OOO , OOO X occuR ~aAIMS MADE NHA039442 04/11/07 04/11/08 AGGREGATE $1,000,000 a DEDUCTIBLE 8 RETENTION E lO , 000 WORKERS COMPENSATON AND A EMPLOYERS' LIABILITY ~ TORY LIMITS ER ANr PROPRIETOR/PARTNERiEXECUrIVE TSF0001129389 03/06/07 03/06/0 E.L. EACH ACCIDENr $ 100000 OFFICERRdEMBER EXCLUDED? Il yes. desuiba unaar EL.DISEASE-gA EMPLOYEE $1000000 /' SPECIAL PROVISIONS DeIVrv E.L. DISEASE-POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATONS /VEHICLES / E%CLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS JOB: BID 3779 Skinner and Wilson Street General Liability provides Additional Tn=••~>d with a Waiver of Subrogati on on the General Liability and the Workers' Comp., in favor of City of Denton as required by written contract. f FRTIGI!`IITC un~ nco CITYDEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEE E%PIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 D VpAVS WRfITEN /// NOTCE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUi FAILURE TO DO SO SHALL CITY OF DENTON 601 E Hickory $LLlte B IMPOSE NO OBLIGATION OR LIABILITY OF ANV KIND UPON THE INSURER RS AGENTS OR Denton TX 76205 REPRESENTATNES. 19RA 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 reguirements 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 ofthe Contract, or longer, if so noted.' Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primazy to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies sepazately 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 MATERIALLY CIIANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITI~ EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED ". • Should any of the required insurance be provided under aclaims-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 azising 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. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] 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 aze 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 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 aze 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. ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) -includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regazdless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carvers, 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 classif cation 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 awazded 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. G. 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 certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) anew certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one yeaz thereafter; (6) notify the govenunental 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 pazagraphs (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. BID No. 3779 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF SKINNER STREET AND WILSON STREET 8" SANITARY SEWER REPLACEMENTS IN DENTON,TEXAS The undersigned, as bidder, declazes that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has cazefiilly examined the form of contract, Notice.to Bidders, specifications and the plans therein referred to, and has cazefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices aze approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased aze to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similazly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of workdays shown on the bid tabulation sheet. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this, proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a P-1 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 following sum or prices, to wit: P-2 Project Name Skinner Street & Wilson Street 8" Sanitary Sewer Replacements Skinner Street Subtotal Bid A BID TABULATION SHEET Work Days 45 Bid No. 3779 P.O. No. 103.1 (Contractors Warranties and Understandings Unit Price In Words U, o ~~ow .. ~ { . 507 8" PVC Sanitary Sewer Pipe Unit Price In Words S 7 ~( pa (lane 502.10.4-A Reconnect 4" Sanitary Sewer Service ( Unit PricelnWords }~.v~ ),IJ.,Z,...Z 502.10.4-B New 4" Sanitary Sewer Service - Unit Price In Words 1 u~ /~ o+rd ~~l 201 Temporary Erosion Control Unit Price In Words ~ w o 1110 (1za 202.5 Block Sod Unit Price In Words ~eti po Ltu ~ 502.1-A Concrete Manhole (4' I.D.) 1j Unit Price In Words LL,o o~}~•~ T~„o 502.1-B Concrete Manhole (6' I . D.) ' Unit Price In Words TFr? « ~~m ~~ a, ~ : r SS03 Remove Existing Manhole Unit PricelnWOrds SLV~c.J N~~~~=2 ~~ 502.1-C Additional 6' Dia. Manhole Depth (> 6 feet) Unit Price In Words Two te1 J ,..1 ti~2 ~-f SSOI Cut and Plug Existing Sanitary Sewer Line Unit Price In Words ]Isuo /~„ n.~~~l {.:~t 801 Barricades, Warning Signs and Detours Unit PricelnWOrds QF,E~ ~4oo,n.l 203.3-B Remove Concrete Curb & Gutter /~ Unit Price In Words c--',.. ~ //:a ! 305.1 Concrete Curb 8 Gutt er - l n Unit Price In Words'} w r (trr ~o l(~ w Y 107.19.3 Excavation Protection 1 Unit Price In Words I W o Q,p (12, ~ 1 LS $ oo / LS $ ? oa- 1/ ZNJF~/1-~ p td1~ 492 LF $ Go ` ~ / LF $2 Sao' d ttar 12 EA $ SSA - / EA $ fo to,cc- 1~ u l(~ . , 492 LF $ - / LF $ q ' 48 SY $ 10 / SY $ So" 1 EA $ 2,2So / EA $ 2,2So- ~J w~a, nad UO ~~v) ~ . 1 EA $ ~Sa - /EA $ ~So- Dv Uda, 2 VF $ 2SO - / VF $ Soq - //~~ ~JGIIt~, n (/s /~i/e 1 LS $ /OOO / LS $ / 000' au 48 LF $ /p _ / LF $ ~ 480 - 48 LF $ (Zfp /LF $ (ao~" f~a{~ 492 LF $ 2 / LF 2 EA $ 2 $o " / EA $ Soo ~- $ ~ P. 4 - P-3 Project Name Skinner Street & Wilson Street 8" Sanitary Sewer Replacements Skinner Street Subtotal Bid A BID TABULATION SHEET Work Days 45 Bid No. .3779 P.O. No. Item Description ~ Quantity Unit Unit Price Total 107.20. Project Signs - 2 EA $ 2 0 / EA $ Soo - UnitPricelnWOrds ~wa u,, ,,~1ti.~ { Qn ~e~ 507.4.4 Pipe Adaptor Connection 1 EA $ .9 ~~ / EA $ 25~ - Unit PricelnWords wo u~tia~~Z ,~{ po~(z~) 203.3 Preparation of Right of Way I LS $ $.oo ' / LS $ Soo - UnitPricelnWords ',rr~ ~~.cin.~ (Jo j(~~) SUBTOTAL BID A $ $9 g- P-4 Project Name Skinner Street & Wilson Street 8" Sanitary Sewer Replacements Wilson Street Subtotal Bid B BID TABULATION SHEET Work Days 45 Bid No. 3779 P.O. No. Item - - Description Quantity Unit Unit Price Total 103.1 Contractors Warranties and Understandings ~1 LS $ (0,,9.2x" /LS $6.rao-' - Unit Price In Words $ ; { a„In , ~ Q o la rz 507 8" PVC Sanitary Sewer Pipe - 1268 LF $ ~ &' l LF $~~ dgo - unit Price In Words S ~ ~ Po jla~ ~ 502.10.4-A Reconnect 4" Sanitary Sewer Service 4 EA $ 5g o~ - / EA $ 2 z o a !~ UnitPricelnWords ~~,,,i {~..w~~•i7-.~{ ISolh,c) 502.10.4-B New 4" Sanitary Sewe r Service 16 EA $ 5 g - / EA $ $ ~ - r r~ Unit PricelnWords ~~~~ ~uw.~ne~ +~~{ ~ol~~) 502.10.4-C Reconnect 6" Sanitary Sewer Service 1 EA $ S .~ ~ / EA $ SSA' rn Unit Price In Words , v ~ ~~ n ~..• ~ *• •~ D /(~,.~ 201 Temporary Erosion Control 1268 LF $ Q`-~ / LF $ 2530. " Unit Price In Words '}'w ~ ~~ llxn > 202.5 Block Sod 63 SY $ /o - / SY $ ~ ~ o Unit Price In Words 7¢,u Qa /(a, > 502.1-A Concrete Manhole (4' I.D.) ~ 4 EA $ 2250 ' / EA $ ooFr ..11,' Unit Price In Words ~u.+ o 'Fhm.+iti. ! ~uya y., ..d n-~ ~. ~~ •:k j{z/) 502.1-B Concrete Manhole (5' LD.) 1 EA $ -oo ` / EA $ 3.So~ ~' '1~ Unit PricelnWords~~nc~ yrio~sw,[ ~~.,c ,~u..~,,.z p~((=., 502.1-C Additional 5' Dia. Manhole Depth (> 6 feet) 8 - VF $ 59 - / VF $ 200 0 ' UnitPdce In Words ~I+.v fd u.~ln•L ~~r' Qu~lz~) 502.1-D Additional 4' Dia. Manhole Depth (> 6 feet) 2 VF $ /S~ ' / VF $ 3oa- Unit Price In Words ~,,, [' ~„ . ~.c.1 ~,:~,( Q, /(,,, 502.1-E External Drop for Exi ing Manhole s - I EA $ 3So _ / EA $ ~ So. ' t "" //'~ Unit Price In Words 7~incr ~..a.{.,•~Y• ~/ D0/(,,, 502.12.4 Core Into Existing Manhole ~ 1 EA $ ~ S~ - / EA $ ~So Unit Price In Words S + F .~,.,. (n ~ ~ . ~/ - Qo /~x 0 ~ SSOI Cut and Plug Existing Sanitary Sewer Line ] EA $ ZS~ - / EA $ - 25~ " /~ Unit Price In Words ~„~ q ri.~c/ne 1 y-, ~f /~,~ 801 Barricades, Warning Si g ns and Detours I LS $ ,ems ' / LS $ ~,OOO -- ( ~ Unit Price In Words 1- o., ., `~-~r o.: ; w, Z ~o ~ (a.~ i P-5 Project Name Skinner Street & Wilson Street 8" Sanitary Sewer Replacements Wilson Street Subtotal Bid B BID TABULATION SHEET Work Days 45 Bid No. 3779 P.O. No. Item Description Quantity Unit Unit Price Total 203.3-B Remove Concrete Curb & Gutter 63 LF $ 10 - / LF $ 6 3 ~ Unit Price In Words ~ <,,, (~ i , 305.1 Concrete Curb 8 Gutter 63 . LF $ 1 Zs~~ / LF $ $ ~ (t'~ Unit Price In Words ~ W c I,,., ~o ~(?, ~ y .'S1 Ct ti{ ~ 203.3-A Remove ConcreteSi d ewalk&Driveway - ]0 SY $ qo - /SY $ 400- ~~ ( Unit PricelnWords Ya..d ~o Ile, 305.2 ~ Concrete Sidewalk - g Sy $ ~ ~ - / Sy $ 4 E c - Unit Price In Words S ~ X ~ Q o 112, ~ 305.2-B Concrete Sidewalk Curb Return Ramp (Type 1B) 1 EA $ J So a - / EA $ I $'n~ -• s1 Unit Price In Words na f ~ho..i.~=! ~ u ~ ~ ~ ..Zr•~ 1~0 (~,~,,~. 107.19.3 Excavation Protection 1268 LF $ Q - / LF $ 253c Unit Price In Words 7/wo ~;, /(e, ~ 107.20. Project Signs - 2 EA $ ZSo - / EA $ Soo ' / Unit PricelnWords 7~wo ~l„n~„.~~,~~ Q;,/(„~ 203.3 Preparation of Right of Way I LS $ lSOo - / LS $ I,Soc+-- Unit Price In Words Jr ro F ~ ,, , .: N., ti~n.,l Qo /l~, SUBTOTAL BID B $ ~~ l~9S P-6 Project Name Work Days 45 Skinner Street & Wilson Street 8" Sanitary Sewer Replacements Bid No. 3779 P.O. No. BID TABULATION SUMMARY SHEET SKINNER STREET SUBTOTAL BID A $ -$q o qg - WILSON STREET SUBTOTAL BID B $ I~ ~ ~ ~' TOTAL -BASE BID $ I ~9 2~a s° P-7 BID SUMMARY TOTAL BASE BID PRICE IN WORDS DN E kl ~ ,~ ~„~ ~ S cv ~Nf ~ IU : N ,- ~ 1bJo uvn~nal S~~cna<~-Se-vr..i l~vlla/i~ ~:~~-. Lt Total Base Bid is defined as the sum of Subtotal Bid A (Skinner Street Sewer Replacement) and Subtotal Bid B (Wilson Street Sewer Replacement). This project will not be divided into two sepazate contracts. The award of this project contract will be to the lowest Total Base Bid. In the event of the award of a contract to the undersigned, the undersigned will fiunish 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 guazantee the work until fmal completion and acceptance, and to guazantee payment for all lawful claims far labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and aze submitted as correct and fmal. Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they aze duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overchazges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which azise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. P-8 Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received e~J1 Cqt RSC~N- L9N~~• ~..9 !.~-~, CONTRACTOR BY B.9x psi Street Address L'~l; Nn. Taos ~59J~i Crty and State Seal & Authorization (If a Corporation) _ q~ 2- 3 B 2- 2 1 2 3 Telephone P-9 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the awazd of contracts to non-resident bidders. This law provides that, in order to be awazded a contract as low bidder, non-resident bidders (out-of--state contractors whose corporate offices or principal place of business aze outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder. by the same amount "that a Texas resident bidder would be required to underbid anon-resident bidder in order to obtain a compazable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of--state ornon-resident bidders in order for your bid to meet specifications. The failure of out-of--state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, aze required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, aze not required to underbid resident bidders. B. Our principal place of business or corporate offices aze in the State of Texas: / BIDDER: COMPANY BY_ P.~,B~X /8/ Street Address Lsl,~Ma, ~A> ~sdo9 City and State P- 10 THIS FORM MUST BE RETURNED WITH YOUR BID. CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project $ (resold to the Owner as defined in Tax Code) All other charges and costs Total The total must equal the total amount of the Contract. CONTRACTOR: I~ ~ ~k.E Q ~9~ Cfl~.~~, c 9 Irr . COMPANY BY _ Street Address C~/,~wn,~nns ~Sc~9 City and State THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE :~ CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT ~. P-11