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HomeMy WebLinkAbout1999-247ORDINANCE NO �.`f 7 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WATER DISTRIBUTION LINES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2385 — BRIDGES/CARPENTER WATERLINES AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $145,215) 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 I That 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 NUMB ER CONTRACTOR AMOUNT 2385 JAGOE PUBLIC COMPANY $145,215 SECTION II That 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 of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That 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 IV That 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 V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ✓ day of 11999 JACI M LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERRT L PROUTY, CITY ATTORNEY BY 0&/ d 3� ^ y BID 2385 - CONTRACTUAL ORDINANCE ATTACHMENT TABULATION SHEET Bid # 2385 Date 7/20/99 BRIDGES/CARPENTER WATERLINES No.1 Qt DESCRIPTION VENDOR VENDOR VENDOR ! JAGOE PUBLIC OSCAR RENDA PIPE CON, INC COMPANY CONTRACTING CARPENTER WATERLINE $54,425 00 $61,534 00 $70,094 00 1 BRIDGES WATERLINE $90,790 00 $106,152 00 $104,669 50 2 BRIDGES WATERLINE $6,750 00 $4,500 00 $2,250 00 3 (ALTERNATE ONE) 1 TOTAL BID AWARD NOT $145,215 00 $167,686 00 $174,763 50 INCLUDING (ALTERNATE ONE) TOTAL BID WITH AWARD $151,965 00 $172,186 00 $177,013 50 INCLUDING (ALTERNATE ONE) BID BOND YES YES YES Wp� CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this A D , 19 99, by and between CITY OF DENTON AUGUST day of 3 of the County of DENTON and State of Texas, acting through MICHAEL W JEZ thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC COMPANY BOX 250 DENTON, TX 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR " WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID 2385 - BRIDGES/CARPENTER WATERLINES in the amount of $145,215 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 attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA-1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract 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 shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands 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 in the year and day first above written ATTRQT ATTEST APPROVED AS TO 04107111 kant1LJ ja oe-f�hll �A CONTRACTOR CA-3 JAGOE PUBLIC COMPANY aox 2sn DENTON. TEXAS 76202 MAILING ADDRESS ?qo �? jr- Z- -4f-r/ PHONE NUMBER ?fro 9 f-L - -7 S 2-- FAX NUMBER BY .. -I .� /"",-ti . - TIT E PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY whose address is PO BOX 250, DENTON, TX 76202 hereinafter called Principal, and ASSOCIATED INDEMNITY CORPORATION a corporation organized and existing under the laws of the State of TEXAS and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED FORTY FIVE THOUSAND TWO HUNDRED FIFTY and no/100 DOLLARS ($ 145,215) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising 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 99-247 , with the City of Denton, the Owner, dated the 3 day of AUGUST A D 1999 , a copy of which is hereto attached and made a part hereof, for BID 2385-BRIDGES/CARPENTER WATERLINES 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 guaranty 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 one (1) year from the date of final 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 arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 3 day of AUGUST 1 1999 ATTEST BY /ice A.'e- SECRETARY/ ATTEST BY PRINCIPAL JAGOE-PUBLIC COMPANY BY AAZ 9 Wee PRESIDENT SURETY ASSOCIATED INDEMNITY CORPORATION BY L, ATTORNEY -IN -FA T Rosemary Weaver The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Willis Corroon Corporation of Texas - Rosemary Weaver STREET ADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6612 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY whose address is PO BOX 250, DENTON, TX 76202 hereinafter called Principal, and ASSOCIATED INDEMNITY CORPORATION a corporation organized and existing under the laws of the State of TEXAS and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 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 FORTY FIVE THOUSAND TWO HUNDRED FIFTEEN and no DOLLARS ($ 145,215 ) 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 99-247, with the City of Denton, the Owner, dated the 3 day of AUGUST AD 1999 , a copy of which is hereto attached and made a part hereof, for BID 2385-BRIDGES/CARPENTER WATERLINES NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, 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 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, Drawing$, 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 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 3 day of AUGUST , 1999 ATTEST &� fi -z- — , OWF.W-105 ATTEST BY C[.v f c &z==== PRINCIPAL JAGOE-PUBLIC COMPANY BY _ --G I%cf PR SIDENT SURETY ASSOCIATED INDEMNITY CORPORATION BY p, ATTORNEY -IN -FACT Rosemary Weaver The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Willis Corroon Corporation of Texas - Rosemary Weaver STREET ADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6612 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That FIREMAN S FUND INSURANCE COMPANY a California corporation NATIONAL SURETY CORPORATION an Illinois corporation THE AMERICAN INSURANCE COMPANY a New Jersey corporation reciomesticated in Nebraska ASSOCIATED INDEMNITY CORPORATION a California corporation and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri corporation (herein collectively called the Companies ) does each hereby appoint ROSEMARY WEAVER AND JOHN R. STOCKTON OF DALLAS TX their true and Fiwful Attomev(s) in Fact with full power of authority hereby conferred in their name pi ice and stead to execute seal acknowledge and dehser anv and all bonds undertakmt,s recogmzances or other written obligations in the nature thereof ------------------------------------------- and to bind the Companies thereby as fully and to the same extent as if such bonds weir slt,ned by the Praudent sealed with the corporate seals of thL Compiles utd dull attested by the Companies Secretary hereby ratifying and confirming all that the s ad Attotncy(s) in Fact mas do in the premises This poael of attorney is granted under and by the authority of Article VII of the Ry laws of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect This power of attorney is signed and sealed under the aulhonty of the following Resolutmn adopted by the Board of Directors of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION ntd AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held or by wit« en consent on the 19th day of March 1995 and said Resolution has not btLn amended or mewled RESOLVED that the signature of any Vitt President Assistant Secretary and Resident Assistant Secretary of the Companies and the seal of lhL Companies may be tiftxed or printed on any power of attorney on my revocation of any power of anomev or on any Lerttficate relating thereto by facsimile and any power of attorney any revocation of any power of attomev or Lertificate bearing such facsimile signature or faLSlmlle seal shall be valid and binding upon the Companies IN Wr7FSS WHEREOF the Compan`es have caused these,pe(sse�lis to be signed by their Vice President and their corporate sells to be hereunto alhxLd this +/ day of Decembert5. E7YC •,x."xnw,,, tAAN s e ar "" FIREMAN S FUND INSURANCE COMPANY �A aPos'O+sact""i`^re `pe o,F 1�'4p++F,vy `y ,ogoaitr i"sus. NATIONAL SURETY CORPORATION °•,g ° „ t�`'ia '+3 — —�'4, THE AMERICAN INSURANCE COMPANY Ee+ �'� I ' • 6 E A L o = ASSOCIATED INDEMNITY CORPORATION a^yy� sscraero a ae• o Tv * a'— _ ��- AMERICAN AUTOMOBILE INSURANCE COMPANY 4.a+w�+ Yry am' ` „'nnnnm�xaud RI'�C[-t0�' `�IN�E.te�Q i`+m'xxlaalS Mo By STATF OF CALIFORNIA l vie Prcsid<m } ss COUNTY OF MARIN ))) On this 17 day of December 1998 before me personally came M A Mallonee to me known who being by me duly sworn did depose and say that he is a Vice President of each company described to and which executed the above instrument that he knows the seals of the said Companies that the seals affixed to the said instrument are such company seals that they were so affixed by order of the Board of Directors of said companies and that he signed his time thereto by like order IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year herein first above written L OCAMPO 40MyCoMM Commission # 116370,Notary Public - California g Own- Ma�ri.n..Cr,eoeunty ExpkeSNOV7B,2W1 Nowry Public W�•`�+ CERTIFICATE STATE OF CALIFORNIA sS COUNTY OF MARIN I the undersigned Resident Assistant Secretary of each company DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that Article VII of the By taws of each company and the Resolution of the Board of Directors set forth in the Power of Attorney are now in force ��/ Signed and sealed at the County of Mann Dated the yp=day off rllb0P�A1�e ` r • / +'o ~G " 6 ?,TKO ` + f',i' �����i���7Y ssPrareroy z ''s F g' btieiNoi°',O' '�r`s' NC*INd`� •�RIMCf"tee¢' �I'�a„Jrlaul5'�` Residen,AxsirunnSecrcuvy LY C MnmxnnMp nni. 10 360789 1198 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAIO= A COMPLAINT: YOU MAY CONTACT THE TExAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TExAS DEPARTMENT OF INSURANCE: P. 0. Box 149104 AUSTIN, TX 78714-9104 FAx #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TExAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: TNIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. 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 fiuls 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 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 MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) 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 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 clauns 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 I 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 [ xl Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000 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 limns 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 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 [ ] 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 ATTACBMENT I [� 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 tune from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401011(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 (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) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the 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 rsndges Waterline BID TABULATION SHEET Work Days 20 Bid No PO No Item Description Quantity Unit Unit Price Total 121 Contractors Warranties and Understandings - LS $ U t Price In Words Foue "%misg 2 1 3 IFlexbase 6" 86 SY $ f0,00/SY $ Unit Price In Words I (,6t 5a ( S 2 12-A 12" Water Line Unit Price In Words W p , / �Vo D ,l,l o C 2 12-B 6" Water Line 1 1214 Unit Price In Words w r 100 2 12-C 8" Water Line 616 LF $ /LF $ 02 o Unit Price In Words v 7 2 128 Ductile Iron Fittings 70 LB $ SO /LB $ Unit Price In Words 2 13-A 6" Valves 2 EA $ USO or�EA $ p Unit Price In Words 2 13-B 8" Valves 1 EA $ 1,S go /EA $ Umt Pnce In Words v o C< 214 Fire Hydrant Assembly 1 EA $ zv0L $ _000 a Unit Price In Words a 11 } 2 16-A Water Service (Public) E7ATs Unit Price In Words rNoC 2 16-B Water Service (Private) 1300 LF $ Unit Price In Words y 3-A Concrete Rip -Rap Removal 37 SY $ /SY $ 3 D e Umt Pnce hi Words i a 3-C Concrete Sidewalk Removal 1 SY $ Umt Pnce In Words 31 Preparation of Right of Way L$ $ So/LS $ Unil Price In Words s O ,s 39 Sod' to SY $ ro /Sy Is o Unit Price In Words r/4, Do& aj{ 3 107 Hydromulch 740 Sy $ Soo/SY $ 2220 Unit Price In Words �fJjZ. w kDCr-?2i1 P3 Bridges Waterline BID TABULATION SHEET Work Days 20 Bid No PO No Item I Description Quantity Unit Unit Price Total 3 12 Temporary Erosion Control LS $ q /LS $ Pat Price In Words A 5-A 2-inch Blowoff Valve I 1 EA $ /EA $ `foD o0 Unit Price In Words F .vo 5 7-B 2" Asphalt Pavement (Type D, Patch Matl) 18 1 TON $ -45; /TO $ l 35D Unit Price In Words is o �s 8 1 lBarricades, Warning Sigm I LS $ /p /LS $ /,00 Cn Unit Price In Words pLL s 8 14 Miscellaneous Fence - LS $ Sao 00 /LS $moo 0 Unit Price In Words 8 3A Concrete Sidewalks I SY Is /00 ?/Sy I $ Unit Price In Words s SP-2 Concrete Saw Cut 46 LF $ /LF $ Unit Price In Words / 8 15 Concrete Rip Rap 73 SY Is /SY I $ 3,L5 Unit Price In Words &Cj, SP-10 lRock Excavation 50 CY Is Unit Price In Words f SP-37 Excavation Protection 100 LF $ z oo /LF $ z, o0 Unit Price In Words SP-39 jProject Signs 2 EA $ efOD oo1EA $ Unit Price In Words SP-43 Asphalt Saw Cut 698I LF $ Unit Price In Words �j/ULc ip SP-45 Mis ellaneous Sprinkler System Adjustment I LS $ Z /LS $ Unit Pace In Words 'jam p� s Is $ Umt Price In Words Is Is Is TOTAL 4( C 72C CYO P4 Carpenter 6" Waterline BID TABULATION SHEET Work Days 15 Bid No. PO No Item Description Quantity Unit I Unit Price Total 121 IContmctors Warranties and Understandings I I LS $ z S $ Umt Pnce In Words T 2 13 Flexbase 6" 135 1 SY $ /p oo/SY $ UnitPnce In Words ne),, o 2 12-A 2" Water Line 20 LF $ Z2.p /LF $ p Unit Price In Words o 1 2 12-B 6" Water Line 1 880 1 LF $ ZZ Do /LF $ 19 Slop Oe UmtPnce In Words cv T 2 12 8 IDuctile Iron Fittings 40 LB $ , gp /LB $ zo oV Unit Price In Words OO- 4 - 2 13-A 6" Valves 1 I EA $ .gyp ® A $ Unit Price In Words Nc 214 IFire Hydrant Assembly 2 1 EA $ / g,, /EA $ 3 G o0 Unit Price In Words o 2 16-A Water Service (Public) 9 1 EA $ #-vg W/EA $ Unit Price In Words 2 16-B Water Service (Private) 1764 1 LF $ /LF I $ Unit,Pnce In Words 3-C Concrete Sidewalk Removal 1 3 1 SY $ ,o /SY I $ 30 cc Umt Pnce In Words -R�h b0a&4 4 3 1 Preparation of Right of Way - LS Unit Price In Words Leg uvn v 39 ISod 10 1 SY Is Seo/SY I $ 50 coo Umt!Pnce In Words i 3107 jHydromulch 514 1 SY $ j,OISY $ 1,!5jzZ,6V UmtiPnce In Words audi 3 12 ITemporitry Erosion Control I I LS $ Z /LS 1 $ Zoo cl, Unit Price In Words ( -, IVr ee- r6 5-A 2-inch Blowoff Valve 1 I EA $ ap /EA $ �fXl cn Unit Price In Words r s y� 6/18/99 P 5 Carpenter 6" Waterline BID TABULATION SHEET Work Days 15 Bid No PO No Item Description Quantity Unrt Unit Price Total 5 7-B 2" Asphalt Pavement (Type D, Patch Mad) 7 TON $ 7Sao /TO $ Sz5 av Unrt Pnce In Words 8 1 Barricades, Warning Signs and Detours LS $ Soy, /LS $ Tov o Unit Price In Words V 8 3A lConcrete Sidewalk 3 1 SY $ /SY I $ Unit Price In Words - a 8 14 iMiscellaneous Fence LS $ 2 0 /LS 1 $ zo Unit Price In Words ,, X,,, SP-2 Concrete Saw Cut 4 1 LF $ /LF 1 $ Unit Price In Words F-eUa 11J41-iLu y ,(jo` 426 SP-10 Rock Excavation 50 1 CY $ i, po /CY $ Sp aO Unit Price In Words SP-39 Protect Signs 1 I EA $ ynD op/EA $ o 0 Unit Price In Words y �p SP-43 Asphalt Saw Cut 152 1 LF $ / /LF Unit Price In Words p SP-45 TIMiscollaneous Sprinkler System Adjustment I LS $ z© /LS $ Unit Price In Words 6c�o $ $ Unit Price In Words Is $ Unit Price In Words is $ Is $ Is Is TOTAL it S'% �Z5 00 6/14/99 P 6 Bridges Waterline Work Days 3 Alternate # 1 Bid No BID TABULATION SHEET PO No Item Description Quantity Unit Unit Price Total 64 12 Bore 45 1 LF $ Unit Pnce In Words Unit Price In Words Umt Price In Words Umt Price In Words Unit Price In Words Umt Price In Words TOTAL 750 rc-� P7 BID SUMMARY TOTAL BID PRICE IN WORDS ©2/E ((uAlO�t©AJE (ii .I < n A In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful clauns for labor performed and materials furnished in the fulfillment of the contract It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions T CONTRWCTOR BY Street Address City and State JAGOE PUBLIC COMPANY BOX 250 DENTON TL„rw 76202 Seal & Authorization (If a Corporation) C/ Yo 1392 -2 T Telephone Im PROJECT 1 Carpenter Waterline 2 Bridges Waterline 3 Bridges Waterline Alternate # 1 TOTAL WORK DAYS 15 20 3 BID $ 20 7go.00 $ !`N �zSOC $ 1 5 1, -k5, ©n Both waterlines (Items 1, and 2, as listed above) will be awarded to one contractor If the alternate (Item 3) is accepted, it shall also be awarded to the contractor who is awarded the two waterlines Bid will be awarded on the total of Items 1 and 2, as listed above Work days for both lines will be kept separately in order to reduce the time each street is under construction IM RialitFAX NT 8/6/99 4 01 PAGE 2/2 RightFAX /� �] , , _ r AC�Rt�,,, 0 q d Y , A £ 1 it i tw , , r°a1".q,,;.,aT wrE DUMcavn sw •' , S+H,wf Lr4 .} _.r-_ � r pg rRoouceR L940)382-9691 FAX C940)243-1050 TT'I ISSUED TTEAMATION RGIF INFO fERSNCATED UPONTHEAMEND, amey 6 King Insurance ES HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HOLDER. $30 South I-35E, Suite A ALTER THE COVERAGE AFFORDED BY THE POLICIESBE40W Denton, TX 76205-7029 COMPANIES AFFORDING COVERAGE Bituminous COMPANY Ann Ext' A Texas Work Comp Ins PUnd INSURED ]agoe Public Company, Inc, COMPANY E Bill Cheek P 0 Box 250 COMPANY C Denton, TX 76202 COMPANY d, , �gIi �+ fit$ W Lln' v 8 S a.,ai '£ QQ1JEaADER1� b SFq d, tHPdaly9er<e, o w THE POLICIES OF WURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAKED ABOVE FR THE POLICY PERIOD THIS IS TO CERTIFY THAT INDICATED NOTWrrHSTANOtNG INAFDITION OF ANY CONT TOR IIOERTO cnniFICAT MAY BF WSUED ORMAYPP RTAITEINSURANCE F 90 BY THE POLICIESDESCRDNEINIS SUBJECT TO ALLTHE TERMS OF 3UC1i POLICIES LIMITS SHOWN MAY HAVE BEEN ReouCED BY PAID CLAWS EXCLUSIONS ANO CONDITIONS CO POLICY NUMBER TYPE OF INWMNCE POLICYEFFEOTIVE I POLICY EXPIRATION LIMITS RATE(MMIDGWYI DATE (MWD011'1] LTR GENERAL AGGREGATE f 2,000,000 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY PRODUCTS COMPMP AGO 1 21000,000 g,,, CLawsMACE X ,OCCUR A CLP2302758 10/01/1998 10/01/1999 PErsaNALAADVINURY / 110001000 EADHOCCURRENCE 1 110001000 OWNER f A CCNTAACTOR9 pROT FIRE DAMAGE (Any PnR An) S 100,000 •I MED EXP(ARY WS PlR ) 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Is 11000 T 000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Par PITI A SCHEDULED AUTOS CAP2542947 10/01/1998 10/01/1999 HIRED AUTOS BODILY Adam) I (PFI .XPaAn NON OWNED AUTOS , PROPERTY DAMAGE / AUTO MY EA AGC=NT I OARAOS LANLmeusyt OTHER rWW AUTO ONLY F zI i2a F�daTr4r-' � ANY AUTO SACNACCICEN S AGGREGATE I EACHOCCURRFMCE 1 1,0%,000 Me" LIABILITY A FORM CUP2524982 10/01/1948 10/01/1999 AGGREGATE UMBRELLA 1 1 000 000 OTHER THAN UMBRELIA FORM WORKERS COMPENSATION AND IORv LINTS ER ,8}si,q�.ax1 H4aiggt rw, ACCIDENT 1 1,000,000 EMPXOYEM $ LWILm TSF0001062310 B 10/Ol/1998 10/Ol/1999 EL EACH EL DISEASE POLICY LIMB I 11000T000 THE PROPRIETOR! INCI PARTNERSIXECLITIVE E_ DISEASE EA EMPLOYEE I 1100011 OFFICERS ARE EIXOL OTHER DESCRIPTION OF GSRAT"SVOOATXSRSNEIBOLI"PgC1AL ITEMS Bridges Carpenter Water Lines ditTIPtQA1ENORCE ,fL 'q .,G'S 3V9 '�n �(I , ^H"41, � , l"gyp r n,,, e,taor a;TevnY173y d �rP wl�ny,8:faw<I; be na'hePlud, F'en€GTBd; or idy" all not 8a3H Oil, City of Denton, its officials, agents, water ally changged without 30 days advance Owner, excep employees and volunteers are shown as writt notice beingg ggi n to the for non - additional insureds additional wh th ppolicy is bain cancelled ment 0f premium, which case 10 days Texas Street p dvanc writt ,n c2 is required Denton, Texas 76201 ACORD 744 jfAO!.