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HomeMy WebLinkAbout1998-013ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER TO JAGOE PUBLIC CO, IN THE AMOUNT OF $645,614 27, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID # 2146 — MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER IN THE AMOUNT OF $645,612 27) 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 S!;CTION 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 NUMBER CONTRACTOR AMOUNT 2146 JAGOE PUBLIC CO $645,614.27 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 ��,.e�,n,GG����/ PASSED AND APPROVED this the � day of ,1998 r JAC LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY 10 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY A TORNEY BY 2146 CONTRACT ORDINANCE ATTACHMENT # 1 BID # 2145 BID NAME MCKINNEY ST WIDENING/ JAGOE WOODROW SANITARY SEWER PUBLIC CO DATE 23-Dec-97 # QTY 417, DESCRIPTION VENDOR TOTAL BID AWARD $645,614 27 ADDENDUM # 1 YES ATTACffiMENT #2 THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into by and between the City of Denton, Texas, a political subdivision of the State of Texas, hereinafter referred to as "City" and Denton County, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as "County" for purposes of the completion of certain road improvements, hereinafter referred to as the "Project " WHEREAS, County is developing its real estate located on McKinney Street within the limits of City, and WHEREAS, City's Subdivision Rules and Regulations require that County make certain improvements to McKinney Street, including widening of McKinney Street and drainage improvements, the Project, and WHEREAS, City has identified McKinney Street as one on its Master Thoroughfare Plan, requiring certain improvements, and WHEREAS, widening of McKinney Street has been placed on the Texas Highway Department's list of future projects, and WHEREAS, City and County value the early completion of the Project, and WHEREAS, City and County mutually desire to be subject to the provisions of V T C A, Government Code, Chapter 791, the Interlocal Cooperation Act, and WHEREAS, City desires the participation of County in the Project as authorized by V T C A, Transportation Code, Section 251012, NOW, THEREFORE, it is mutually agreed by the parties hereto as follows ICA Denton McKinney I The term of this Agreement shall commence on October I, 1996, and shall end on September30, 1997,3tnless sooner terminated as provided in the succeeding provisions hereof II The Project is described as follows in the City of Denton, Texas, widening of McKinney Street from Jannie Street to Woodrow Lane, including drainage improvements, as required by City's Subdivision Rules and Regulations, and including all surveying, engineering and construction It is expressly agreed and understood that all of County's obligations pertaining to McKinney Street improvements with relationship to the City's platting process and pursuant to the City's Subdivision Rules and Regulations shall be fully and completely satisfied by completion of the Project III Pursuant to V T C A, Government Code Section 791011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets and drainage are performed The parties hereto further agree that each of them is authorized to perform the functions and services individually IV As required by V T C A , Transportation Code Section 251 012 and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of this Agreement approves of the expenditure of County money to participate in or to fund $300,000 00 toward financing the improvement of a street in the County that is located in the City U In performance of this Agreement, City agrees to assume responsibility for seeking the removal of the referenced section of highway from the State Highway Department's ICA Denton McKinney maintenance responsibility and for securing all necessary surveying, engineering and construction services related to the Project City further agrees that it shall be solely responsible for payment of all expenses related to completion of the Project City shall seek reimbursement for expenses related to the completion of the Project from County as set forth below VI As City proceeds in the completion of the Project, it shall submit to the Denton County Auditor, at 301 East McKinney Street, Denton, Texas 76201, invoices on a monthly basis for reimbursement and County shall reimburse City for all expenditures related to this project within Thirty (30) days of receipt of these invoices Attached to this Contract is a certification by the County Auditor that the County shall include the sum of Three Hundred Thousand and no/100 ($300,000 00) Dollars in its 1996-97 budget and that this amount shall be itemized, set aside and approved by the County Commissioners Court to be expended for the project that is the subject of this Agreement Reimbursement from County to City shall not exceed the sum of THREE HUNDRED THOUSAND DOLLARS AND NO/100 ($300,00000) VII In performance of this Agreement, County agrees to assist City in expediting the completion of the Project If, as construction of the Project proceeds, City determines it prudent to close McKinney Street, County consents to the closure In further performance of this Agreement, County agrees to reimburse City, from its current revenues, a sum not to exceed that stated above V III This Agreement may be terminated in whole or in part by County or City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating party Provided, however, that no such termination may be affected unless the ICA Denton McKinney defaulting party is given (1) written notice delivered by certified mail, return receipt requested of intent to temnnate setting forth the substantial failure to perform, and (2) not less than thirty (30) calendar days to cure the failure, and (3) an opportunity for consultation with the terminating party prior to termination In the event of termination by the County, County shall reimburse City for all invoices submitted up to and including the date of termination Notices shall be directed as follows For City For County Jeff A Moseley Denton County Judge 110 East Hickory Denton, Texas 76201 with a copy to District Attorney's Office/Civil Division 319 West Oak Street Denton, Texas 76201 IX The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas The parties mutually agree that venue for any obligation ansing from this Agreement shall Ire in Denton, Denton County, Texas X This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement This Agreement can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. XI This Agreement is not intended to extend the liability of the parties beyond that provided by law Neither County nor City waives, nor shall be deemed hereby to waive, ICA Denton McKinney any immunity or defense that would otherwise be available to it against claims ansing by third parties XII In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible XIII The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect EXECUTED in duplicate originals this, the a day of ti , 1996 COUNTY CITY Denton County, Texas 110 West Hickory Denton, Texas 76201 Vloseley 7 , County Judge Acting on behalf of and by authority of the Commissic Court of Denton County, 7, Attest Tim Hodges, County ICA Denton McKinney City of Denton, Texas 215 East McKinney Street Denton, Texas 76201 By Acting on behalf of and by authority of the City Council of Denton, Texas Attest Ly/ :., WJ �*- no- �W- Approved as to form Assistant District Attorney Approved as to form City Atto I hereby certify that pursuant to Commissioners Court order # U - a of 1 funds will be available in fiscal year 1996-1997 in i' THOUSAND DOLLARS ($300,000 00) to accomp County, Texas under this Agreement ICA Denton McKinney Attachment 3 THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into by and between the City of Denton, Texas, a political subdivision of the State of Texas, hereinafter referred to as "City" and Denton County, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as "County" for purposes of the completion of certain road improvements, hereinafter referred to as the "Project " WHEREAS, County is developing its real estate located on McKinney Street within the limits of City, and WHEREAS, City's Subdivision Rules and Regulations require that County make certain improvements to McKinney Street, including widening of McKinney Street and drainage improvements, the Project, and WHEREAS, City has identified McKinney Street as one on its Master Thoroughfare Plan, requiring certain improvements, and WHEREAS, widening of McKinney Street has been placed on the Texas Highway Department's list of future projects, and WHEREAS, City and County value the early completion of the Project, and WHEREAS, City and County mutually desire to be subject to the provisions of V T C A, Government Code, Chapter 791, the Interlocal Cooperation Act, and WHEREAS, City desires the participation of County in the Project as authorized by V T C A, Transportation Code, Section 251012, NOW, THEREFORE, it is mutually agreed by the parties hereto as follows ICA Denton McKinney 1 I The term of this Agreement shall commence on October 1, 1997, and shall end on September 30, 1998, unless sooner terminated as provided in the succeeding provisions hereof II The Project is described as follows in the City of Denton, Texas, widening of McKinney Street from Jonme Street to Woodrow Lane, including drainage improvements, as required by City's Subdivision Rules and Regulations, and including all surveying, engineering and construction It is expressly agreed and understood that all of County's obligations on or with relationship to resulting from the City's platting process and pursuant to the City's Subdivision Rules and Regulations shall be fully and completely satisfied by completion of the Project III Pursuant to V T C A , Government Code Section 791011, the parties hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and services in the area of streets and drainage are performed The parties hereto further agree that each of them is authorized to perform the functions and services individually IV As required by V T C A , Transportation Code Section 251 012 and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of this Agreement approves of the expenditure of County money to participate in or to fund $300,000 00 toward financing the improvement of a street in the County that is located in the City u In performance of this Agreement, City agrees to assume responsibility for seeking the removal of the referenced section of highway from the State Highway Department's ICA Denton McKinney 2 maintenance responsibility and for securing all necessary surveying, engineering and construction services related to the Project City further agrees that it shall be solely responsible for payment of all expenses related to completion of the Project City shall seek reimbursement for expenses related to the completion of the Project from County as set forth below VI As City proceeds in the completion of the Project, it shall submit to the Denton County Auditor, at 301 East McKinney Street, Denton, Texas 76201, invoices on a monthly basis for reimbursement and County shall reimburse City for all expenditures related to this project with Thirty (30) days of receipt of these invoices Attached to this Contract is a certification by the County Auditor that the County has the sum of Three Hundred Thousand and no/100 ($300,000 00) Dollars in its 1996-97 budget and that this amount has been itemized, set aside and approved by the County Commissioners Court to be expended for the project that is the subject of this Agreement Reimbursement from County to City shall not exceed the sum of THREE HUNDRED THOUSAND DOLLARS AND NO/100 ($300,000 00) VII In performance of this Agreement, County agrees to assist City in expediting the completion of the Project If, as construction of the Project proceeds, City determines it prudent to close McKinney Street, County consents to the closure In further performance of this Agreement, County agrees to reimburse City, from its current revenues, a sum not to exceed that stated above Will This Agreement may be terminated in whole or in part by County or City upon thirty (30) days' written notice to the other party setting forth a substantial failure by the defaulting party to fulfill its obligations under this Agreement through no fault of the terminating party Provided, however, that no such termination may be affected unless the ICA Denton McKinney 3 defaulting party is given (1) written notice delivered by certified mad, return receipt requested of intent to terminate setting forth the substantial failure to perform and, (2) not less than thirty (30) calendar days to cure the failure, and (3) an opportunity for consultation with the terminating party prior to termination In the event of termination by the County, County shall reimburse City for all invoices submitted up to and including the date of termination Notices shall be directed as follows For City Rick Svehla Deputy City Manager City of Denton 215 East McKinney Denton, Texas 76201 For County Jeff A Moseley Denton County Judge 110 East Hickory Denton, Texas 76201 with a copy to District Attorney's Office/Civil Division 324-A McKinney Denton, Texas 76201 �1 The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all parties in Denton County, Texas The parties mutually agree that venue for any obligation arising from this Agreement shall lie in Denton, Denton County, Texas M This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement This Agreement can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents XI This Agreement is not intended to extend the liability of the parties beyond that provided by law Neither County nor City waives, nor shall be deemed hereby to waive, ICA Denton McKinney 4 any immunity or defense that would otherwise be available to it against claims arising by third parties XII In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible XIII The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending said authority have been duly passed and are now in full force and effect EXECUTED in duplicate originals this, the W day of. 1998 COUNTY Denton County, Texas 110 West Hickory Denton, Texas 76201 By f A Moseley enton County Judge Acting on behalf of and by authority of the Commissioners Court of Denton County, Texas Attest; 1Tim Hodges, County Clerk «teae B CITY City of Denton, Texas 215 East McKinney Street Denton, Texas 76201 By Acting on behalf of and by authority of the City Council of Denton, Texas Attest sm 1 ICA Denton McKinney 5 Approved as to form Assistant District Attorney Approved as to form AUDITOR'S CERTIFICATE I hereby certify that pursuant to Commissioners Court order # funds will be available in fiscal year 1997-1998 in the amount of THREE HUNDRED THOUSAND DOLLARS ($300,000 00) to accomplish and pay the obligation of Denton County, Texas under this Agreement es Wells, County Auditor ICA Denton McKinney 6 CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this FSBRUARY A.D., 19 98 , by and between CITY OF DENTON of the County of day of and State of Texas, acting through _-TED BENAVIDES thersunto duly authorized so to do, hereinafter termed "OWNER," and ,TAGOE PUBLIC CO. P O_BOX _.250 DENTON, TX 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 2146 - NCRINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER in the amount of 9645.614_72 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 accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by all of which are made a part hereof and collectively evidence and constitute the entire contract. 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. 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. IT V - • -e• M 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 tin« 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. ATTEST: APPROVED AS TA rnum. AAA0184D Rev. 07/28/94 CA - 3 ems CITY OF DENTON (SEAL) ZME PUBLIC CO. CONTRACTOR MAILING ADDRESS Cy y,D�) 3e2 PHONE NUMBER (-�'v Z> 3 8 z- � 7 3 2_ FAX �'jN/UJMBER BY 'XXd n 1 �o�'�+ N ¢� TITLE �<< Cftrs1c i e PRINTED NAME (SEAL) MMMADRHMSM THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC CO., whose address is P O 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 SIX HUNDRED FORTY FIVE THOUSAND SIX HUNDRED FOURTEEN and 27/100— ($645,614.27) 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 98-013, with the City of Denton, the Owner, dated the 3 day of FEBRUARY, A D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2146 — MCHINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER 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 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 PAYMENT BOND - Page 1 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 suretyslup, 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 FEBRUARY 1998 ATTEST ..� I SECRETARY AS M401031 processes PRINCIPAL r: ,���. ! PRESIDENTVie 6 SURETY ASSOCIATED INDEMNITY CORPORATION BY & I J ATTORNEY -IN -FACT Rosemary Weaver _ on County, Texas for delivery of notice and service of the NAME Willis Corroon Corporation of Texas STREET ADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 7524o-6612 (NOTE Date of Payment Bond must be date of Contract corporation, give a rson'name ) PAYMENT BOND - Page 2 If Resident Agent is not a 2M Cal � "11Eel23a]a AD THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC CO., whose address is P O 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 SIX HUNDRED FORTY FIVE THOUSAND SIX HUNDRED FOURTEEN and 27/100 — ($645,614.27) plus 10 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 hens, 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 98-013, with the City of Denton, the Owner, dated the 3 day of FEBRUARY A D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2146 — MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE 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 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 PERFORMANCE BOND - Page 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 ansing 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, tlus the 3 day of FEBRUARY, 1998 ATTEST BY /wa' & SECREJARY ATTEST H Th processes PRINCIPAL / BY v c E pRESIDENT SURETY ASSOCIATED INDEMNITY CORPORATION BY p IPA a l 1 1V I�� ATTORNEY- FACT Rosemary Weaver m County, Texas for delivery of notice and service of the NAME Willis Corroon Corporation of Texas STREET ADDRESS 13355 Noel Road, Sutie 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 ) PERFORMANCE BOND - Page 2 GENERAL WEF ATTORNEYAASSOCIATED INDEMNITY CORPORATION YNOW ALL MEN BY THESE PRESENTS That ASSOCIATED INDEMNITY CORPORATION, a Corporation duly organized and existing under the laws of the State of Califorma, and having its principal office in the County of Marts, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint JOHN R. STOCKTON, ROSEMARY WEAVER, jointly or severally DALLAS TX its true and lawful Attorney(s)-in Fact, with full power and authority hereby conferred in its name, place and stead, to execute seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confimung all that the said Attorney(s) in Fact may do in the premises This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By laws of ASSOCIATED INDEMNITY CORPORATION now in full force and effect "Article VD Appointment and Authority ofResident Secretaries,Attorney-in-Fact and Agents to accept Legal Process and Mahe Appearances Section 45 Appointment The Chairman of the Board of Directors, the President, any Vice President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and AttOmeys-in Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation Section 46 Authority The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed In the Instrument evidencing their appointment Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment" This own of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of ASSOCIATED INUMNITY CORPORATION at a meeting duly called and held on the 13th day of April, 1984, and said Resolution has not been amended or repealed "RESOLVED, that the signature of any Vice President, Assistant Secretary, and Resident Assistant Secretary of this Corporation and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, ASSOCIATED INDEMNITY CORPORATION has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 9 7 r L day of o„ g„ a r ig 97 ASSOCIATED INDEMNITY CORPORATION By V16 Pmidew STATE OF CALIFORNIA " COUNTY OF MARIN 27th August 97 M A Mallonee On ties day of , 19 _, before me personally came to me known, who, being by me duly sworn, did depose and say that he is Vice President of ASSOCIATED INDEMNITY CORPORATION, the Corporation described in and which executed the above instrument, that he knows the seal of said Corporation, that the seal affixed to the Bind instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name 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 r A KRIEGER D 0 . COMM #1045112 NOTARY PUBLIC CALIFORNIA Y Noovy Pobar MARIN COUNTY 0 MYCam, OWN Ala, 20 1981; 1 CERTIFICATE STATE OF CALIFORNIA 1" COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of ASSOCIATED INDEMNITY CORPORATION, a CALIFORNIA Corporation, 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, Sections 45 and 46 of the By-laws of the Corporation, and the Resolution of the Boafd of Directors, set fo h t e Power of Attorney, are now in force Signed and sealed at the County of Maria Dated the - day of Reeidem "... ...... w"a`ar 350711-AS-3-95 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE 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 1(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: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. McKinney Street BID TABULATION SHEET Work Days Paving Drainage Bid No 2146 PO Item Descrition Quanta Unit Unit Price Total 121 Contractors Warranties and Understandm s - L S $-2Sbt,Z7i S $ ,25b'DO °z Unit Price In Words 'rWE: - 1✓ 17tinu54n1D V XL*-e-5 4vD 4JO C V/JT-s 2 115 Inlet Frame and Cover 16 EA $?00.6MEA $ 3'J- oa Umt Price In Words rWO, 4MRICA D Av 06 + AV 49nfS 2 12 3-A 18" Reinforced Concrete Pipe 288 1 L F Is 04'i F Unit Price In Words F/z Ca7/v(S 2 12 3-13 24" Reinforced Concrete Pipe 299 1 L F $ 0AO/L F $ 1'F ?50 00 Unit Price In Words E4P 2 12 3-C 4' by 3' Box Culvert 245 1 L F $ i-10.001, F $ 31o1610 Umt Price In Words e' .vco e-ln ,apLl,*,z5 i -**-o e0w5l , 2 12 9-A 14" Gau e 7 Steel Casing 55 1 L F $ , 5,0,e JL F $ 47SD °O Umt Price In Words 0,1ZAeir f AYo edvv 2 13 Flexbase 6" 353 1 S Y Is , °%S Y $ 3177 00 Umt Price In Words D D l.L AR.s d�./ TZ 3-A Remove Concrete Curb & Gutter 159 1 L F $ '7001L F $ I 1 1 3 oD Unit Price In Words 3-131 Remove Concrete Drives & Walks 288 1 S Y $ 7 0 S Y $ 2 D It. o0 Umt Price In Words Sell D ,Ue 3-C Rem ve Concrete Headwall 2 EA $ I-X. 6PEA $ I o oD ' / Unit Price In Words U6- H/V p 3-D Remove Reinforced Concrete Pipe 9 1 EA $bZ00'61PEA $ Unit Ence In Words AzwmS{k0 r;'sac 3-11 Remove Mp Rap 156 1 S Y Is 7-d as Y Is i oq 2, o0 Umt Ence In Words 3-F Rem ve Yby 2' Box Culvert - 48 feet 1 EA $45760,VA $ Z500,00 Unit Price In Words *0 CO�GTs P3 McKinney Street BID TABULATION SHEET Work Day_--QQ_ Paving Drainage Bid No 2146 PO Item Descrr tion Quanta Umt Unit Pnce Total 3 1 Pre aration ofFight of Way - L S $A2.000/1, S $' .22-a'a.�' Unit Price In Words To. T(M� D Two I�hbu O"P, P,44" "J I �o CC'n.5 33 Unclassified Excavation 4852 C Y Is rzx Y Is 38$/1, °' Umt Pnce In Words Fri v OT— bL�ArsS A]c S.u73 3 7 Com acted Fill 310 C Y / 2 , 3'/C Y Is 312.0 Untt Price In Words ?r�1 E L-✓ f, 3 107 H dromulch 2070 1 S Y $ / p° /S Y $ 207Q°' Unit Price In Words 0/0 i= Pz a +„ram iU A c Z;,,j .rs 3 12 iTemporwy Erosion Control I L S Is I ow, °°/L S Is /coo o3 Unit Price In Words ON uS ,tlA DJi.LAItS Mb AJO CgAtMS 4 6-A 6" Lime Treatment of Subgrade 5932 1 S Y $ S8 /S Y $ rf 3 r6 Unit Price In Words 'OA/6- DO LA-0 ir- Ear, d, C a 4 6-B T e A Hydrated Lime (Slurry)80 TON $ 8S °=/TON $ Unit Price In Words 15r dr - iVP— ODr,(,,tAs A/,0 o C51.j,.r3 5 7-A 4 1/2" Asphalt Pavement Base (Type A 5223 1 S Y Is 7, iy/S Y$ 17 344, 4S Unit Price In Words c gv P,Aj JLL p fj C.a,173 5 7-3 1 1/2" Asphalt Pavement (Type D 52,13 S Y $ Z. Sr/S Y$ 13 31 F. 6I Unit Price In Words TW o pCC rz.s °w i> tVE CENTS 7-C 2" As halt Pavement T e Base 5807 $ 3, 46 $ 2o2og, 3o I5 Unit Price In Words Ti{�k OL.LAj2j i4 D i-oR-T FI &04T- Ct,LI-� 5 7-D Asphalt Pavement (Type D Patch Mad) 58 TON $ LS. °*/TON $ 3 7 7 O, 00 Unit Price In Words S /XT - Fr ✓f- P oLt 47t.y AAjb ASo c. 97nJ-A 7 4 5 Class A Concrete 4 C Y $ffa 6O/C Y$ 1$00. Unit Price In Words FOU240A*J9;D 6r--r CW L?S is P4 McKinney Street BID TABULATION SHEET Work Day 8t� Paving Drainage Bid No 2146 PO Item Description Quantity I Unit Unrt Price Total 7 6-A-I 4' Inlet 3 1 EA $ /.1-fJ,CRA $ E 2Sa oO UnitPnce In Words S 4& 7 6-A-2 5' Inlet 4 1 EA $4' 9.W,XVEA $ 740o.00 Unit Price In Words gUtx j2g2jWaWp &20p fJ 7 6-A-3 10' Inlet 5 1 EA $.7.83049EA $ 1 i 7n 00 Unit Pnce In Words aWatzir 7 6-A-4 I Special 4' Inlet I I EA $1.7 W,6WA $ I75'0, °° Unit Price In Words AA"eD F/ j6kW k A)e 7 6-A-5 S ecial 5' Inlet 1 I EA $ 6 %SO.0)IRA is I SSa. °' Unit Price In Words oui -Juwrirt a0 7 6-A-6 I Special 5' Type Y Inlet I EA $•t.000-EA is 2,000 Unit Price In WordsSctSAria'" .tAt s ka 7 6-A-7 5' by 5' Junction Box I EA $,?,VV .1ipEA $ Zo(3O °J Urut Price In Words T D 22 jp4w MAO( a No Gauj 7 6-A-8 8' by 4' Junchon Box 1 EA $-44r60,6MA $ 2 4 olo oa Unit Price In Words ZWc b u 7 6-A-9 I Rebuild 10' Junction Box 1 I EA I $ JW OmEA $ too Unit Price In Words &&gAj On W2p nf Cex{j 8 1 Barricades, Warning Signs and Detours I L S $4,000.a% S $ to O.p0 Urut Price In Words I t A) le 4a4h 8 2-A-I Install Concrete Curb & Gutter 1647 1 L F $ ��/L F $ Unit Price In Words V J6.-J 20LA&ZS A&D SOV I(%i ✓i:- <-7A/-r3 8 2-A-2 Concrete Pavement 6" Flatwork 115 1 S Y $ S'D/S Y $ qC2 To Unit Price In Words I F*n C igeqT3 8 3 Dnvewa 6" 602 S Y $ 3 01S Y$ 1 107 00 Unit Price In Words P-0 file£ ND fr fr- C1;A17-S P5 McKinney Street BID TABULATION SHEET Work Day--QO _ Paving Drainage Bid No 7i&fi PO Item I Descn tion Quanta Unit Unit Price Total 8 3-A-1 4" Concrete Sidewalk(Hook-Up) 84 1 S Y Is Z.7,"-°/S Y Is 221c8,°0 Umt Pnce In Words TW'i:N -Se uEI1 paL�Lq-RS o C /JT 8 3-A-2 4" Concrete Sidewalk Continuous 74 1 S Y $ 27. 2S Y $ 1929-'" Umt Pnce In Words ud fN -S 61/t,Ai P 0 r.LAdLC* o C EN'a 8 12 Handrail Z 1 EA $ 3COAEA $ Unit Pnce In Words -rO-UP ( OIt66 Q°ULRr►) r> .J o SP-2 Concrete Saw Cut 80 1 L F $ -SCv/L F Is 4Dz,O° Unit Pnce In Words u ma c(2- '& SP-4-A Ad ust 8" Water Line 2 EA $ Z.Buod9EA $ 540E),oa Unit Pnce In Words wo 1 /co SP-4-B Ad ust 12" Water Line 1 I EA JASM-MEA $ 3'soo ° Unit Pnce In Words ZACAgsk t && C SP-4-C Adjust 16" Water Line 1 EA $3,,000.00EA $ Soofl °o Unit Pnce In Words .- vst ea 9M A i7 c f1 SP-10 Rock Excavation 50 1 Cy Is Z-XdC Y Is z5o up Unit Pnce In Words SP-15-A Adjust Valve 1 I EA $zoo.OVEA $ 200 Umt Pnce In Words Nq 02$-4 A Ae, P ku CAS SP-15-B Ad ust Manhole 2 1 EA $ do0 -MEA $ 400, Unit Pnce In Words SP-31 lReinforcing Steel 390 1 LB $ • 3S%LB $ 1 3 (o ,TO Unit Pnce In Words SP-37 Excavation Protection - L S $ ,w V,0L S $ 6m Umt Pnce In Words �w "/, f- o SP-39 Pro ect Signs 2 EA $ Y-Oa/EA $ 900,00 rUmt Pnce In Words T McKinney Street BID TABULATION SHEET Work Day�Q_ Paving Drainage Bid No 2146 PO Item I Descn tion Quantiq I Un t Unit Pnce Total SP-43 Asphalt Saw Cut 233 1 L F $ 9 0V /L F $ °O Unit Pnce In Words SP-55 Traffic Signal Loos 3 EA $ 4(X•0/EA $ f 2fl0,00 Unit Pnce In Words r-wp- OVA) DRi;O ra &&IQ AJO CF M Total 33 (,3 ;Z . 2 P7 Woodrow Lane BID TABULATION SHEET Work Days 40 _ Sanitary Sewer Bid Novi 4 6 PO Item Descri tion Quand Unit I Unit Price Total 121 Contractors Warranties and Understandings - I L S $ 210007L S $ z-I 000 " Unit Price In Words TW0.Ji' ONev 'rff0VSW4 If A No Ce^J'rS 2 13 Flexbase 6" 18 1 S Y 11 znoO /S Y$ 3 o0 Unit Price In Words bi QAL 2 12-A 8" Sanitary Sewer 106 L F $ y6.00/1,F $ D OD Unit Price In Words 2 12-B 10" �Samtary Sewer 67 1 L F $ a7.00/L F $ 4J.00 Unit Price In Words 2 12-C 12" Sanitary Sewer 165 1 L F $ ,oa/L F $ q JD Dry Unit Price In Words o 2 12-D 15" Sanitary Sewer I L F $ DO/L F $ Unit Price In Words F/ 2 12-E Electnc Duct Bank 130 1 L F $/2000/L F $ ,00 Unit Price In Words 2 12-F -98- -E F- I $ Unit Price In Words 2 12 9 36" Gauge 7 Steel Casing 90 1 L F $ 4,5_00/1, F $ DO Unit Price In Words 1/ 4 o 3-A lRemove Concrete Curb & Gutter 46 1 L F $ 1,00/L F $ i7O Unit Price In Words 3-B Remove Concrete Drives & Walks 87 1 S Y $ 7• 00/S Y $ 9 Unit Price In Words o 3 1 11'reparatton ofRight of Way L S 0& S $ DOD,OD Unit Price In Words EK/ 3 107 lidromulch 137 1 S Y $ -7.00/S y$ p Unit Price In Words p 3 12 iTemporary Erosion Control I L S $ /,2ao.O L S $ Unit Price In Words GZ7 Woodrow Lane BID TABULATION SHEET Work Days 40 Sanitary Sewer Bid No2146 PO Item Description uand Unit I Unit Price Total 64 1Bonng for 36" Casing 90 L F $ ak,0o/L. F $ / Unit Price In Words euo duk FO LJM IV4C $ +00 Ge4& 7 6-A-10 Install Concrete Manhole 4' I D 1 EA j$17oV,X1EA. $ Unit Price In Words 7 6-A-11 Install Concrete Manhole 5' I D 7 EA 1 $!.S`oo dEA 1$,aqpp Unit Price In Words 7 6-A-12 Install Drop Manhole 4' I D 1 EA Itagov,CMA $ 1 I EA $ 40,00.6¢EA $ 410GODD Unit Price In Words 7 6-A-13 Install Drop Manhole 5' I D Unit Price In Words Ue %X 7 6-A-14 Rebuild Manhole Invert 4' I D 2 1 EA $ g ,oaA $ I&OD ob Unit Price In Words 7 6-A-15 Rebuild Concrete Manhole 5' I D 1 I EA $ �ZOV 4MA $ 00 Unit Price In Words r L S $7,000e�i. S $ 7b00 OD 8 1 Bamcades, Warning Signs and Detours Unit Price In Words � 8 2-A Install Concrete Curb & Gutter 46 1 L F $ 7 50 /L F $ Unit Price In Words $ E J ,J D�4:� e�AJR Ef ,X;Ap 's 83 iDriveway 6" 56 1 S Y Is , So/S Y Unit Price In Words -r(,4 t r . p 4o1.L*P-s q i> FT Q £n%113 8 3A 4" Concrete Sidewalk 32 1 S Y $ 2700/S Y $ 03 Unit Price In Words TW -5 AAA DOLLA-VU p,Jp AJo CEN-U 814 Miscellaneous Fence - L S $ i.roo oox S $ D Unit Price In Words laici D r wo C WS-18 ISanitary Sewer Service 13 EA Unit Price In Words WS-30 Break Into Existing Manhole 4 E A $ SeaOa/EA $ Unit Price In Words Woodrow Lane Sanitary Sewer BID TABULATION SHEET Work Days 40 Bid No 2146 PO Item Description uanti Unit I Unit Price Total SP-2 Concrete Saw Cut 356 1 L F $ 9:et7 /L F $ pc) Unit Pnce In Words Fiva DvILAAim C SP-8 Abandon Existing Manhole 3 1 EA $ 200-MEA $ Unit Pnce In Words /vp SP-10 Rock Excavation 50 1 C Y Is g,atc Y Is z) pb Unit Pnce In Words 619K J)g 46odig v, N o Cadg SP-37 Excavation Protection 2286 1 L F $ i•0UL F $ p� Unit Pnce In Words tC SP-39 Project Signs 2 1 EA $ ysv,edEA $ 9DOW Unit Pnce In Words SP-40 Cut and Plug Existing Sanitary Sewer 10 1 EA $ lcdEA $ Unit Pnce In Words t e WS-27 Remove Manhole EA $/,zoo.i%EA I $ 3/000 00 Unite Pnce In Words SP-43 As halt Saw Cut 4622 1 L F $ ,7,00 /L F $ Unit Pnce In Words f./va SP-45 Miscellaneous Sprinkler S sem Adjustment I L S $ I,zoa.oziL S $ Unit Pnce In Words SP-49 Remove 24" Abandoned Sanitary Sewer 55 1 L F $ ,da /L Fj$,,UC0.CD Unit Pnce In Words SP-55 Traffic Signal Loos 8 EA $ 4M 'O/EA I 62.00 CO Unit Pnce In Words a U R- 4 itl D" o D a t,L 41A$ Aloe i5wm Total P10 1L/10/DI 1V it rnn VYVVYYVJIu YL11r Vl\-GI�V-ucr r- C. vt McKinney Street Sanitary Sewer Services BID TABULATION SHEET Work Days__fi0_ Bid No Z/ PO Item I Description Quantity Unit I Unit Price Total WS-18-B 2" Sanitary Sewer Service 1 E A $ s y /EA $ /CCO DO Unit Price In Words WS-18-C 4" Sanitary Sewer Service 5 1 E A $1.&cV-0EA IS SOM OD Unit Price In Words 6 Si EA $ 74W R/EA IS 0 CC 216 Water Service 2" Unit Price In Words 6 4-B 6" Boring 12 1 L F S :ro,oWL F$ _ qtgOLP Unit Price In Words s r7T TOTAL O Cl a S� P// BID SUMMARY TOTAL BID PRICE IN WORDS S !X #yA1 A2.r_ D f- o1ZCY-F t VC 7fi4au SftND s /,< F6i,2TF E.) ANa _TW E^/TN - S ,E v 6nJ C "f-5 In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the 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 oe Public Co •i Box 25350 DarftrwaJmWOL�j CONTRACTOR BY ��- Street Address 7 6 ZoS City and State Seal & Authorization c (If a Corporation) (/ q C 3 K Z -2 S S/ Telephone FM PROJECT WORK DAYS 1 McKinney St Paving & Drainage 60 2 Woodrow Lane Sanitary Sewer 40 TOTAL $ 33, 7 432 Z'7 $ 30793z O° Both paving and drainage and sanitary sewer portion of this project will be awarded to one contractor Award of bid will be based on the total Paving and drainage, and sanitary sewer are being separated for bookkeeping purposes Workdays will be kept separately on each section of the project See "Sequencing" on page SC-1 of these specifications for details concerning the order of construction B-2 N G sue DATE (Mwnom) �+► £' pfpt 4 0211v9e a.+w^x.xaaa xaa$tti° PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE RAMEY III KING INSURANCE PDOES NOT OLICIES AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ELOW 830 S. II Suite A COMPANIES AFFORDING COVERAGE Denton TX 70205.7820 COMPANY A The Travelers Insurance LETTER cR Y B Securlty Ins Cc INSURED Jagoe•Publio Company Ina LETTER COMPANY C Bill Cheek P O Box 230 COMPANY D Denton TX 76202 LETTER COMPANY E LE M . nsnsd�s THIS IS TO CERTIFY TAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWIhIS ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 'O TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS,TR DATE (MMM)DMT DATE (MMIDD^ A GENERAL LIABILITY YLSCP342K438.8 10/01/97 10/01/98 GENERAL AGGREGATE s 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTSSCOMPIOP AGO s 200DOOD CLAIMS MADE X OCCUR PERSONAL S ADV INJURY s 100DOOD OWNERS S CONTRACTORS PROT EACH OCCURRENCE s lo00000 X CG254XI FIRE DAMAGE (My one Sw) $ 50000 MED EXPENSE (My ans pe,w) S 5000 A AUTOMOBILE LIABILITY YCAP342ZK430 4 10/01/97 10/01/08 COMBINED SINGLE ° 1000000 X ANY AUTO LIMIT s ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S X HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per acc,dent) s GARAGE LIABILITY PROPERTY DAMAGE i A EXCESS LIABILITY YSMCUP342K437.8 10/01/97 10/01/08 EACH OCCURRENCE s 1000000 X UMBRELLA FORM AGGREGATE $ 1000OOO OTHER THAN UMBRELLA FORM WORKERS COMPENSATION STATUTORY LIMITS `s A AND YEEUB342K430.3 10/01/97 10/01/98 EACH ACCIDENT 1000000 DISEASE POLICY LIMIT S 1000000 EMPLOYERS LIABILITY DISEASE EACH EMPLOYEE s 1000000 OTHER B CONTRACTORS EQUIPMENT CIMA84844 02/15/97 02/15/98 OWNED EQUIPMENT 3370730 1% DEDUCTIBLE DESCRIPTION OF OPERATIONBA=ATIONSNEHICLESBPECIAL ITEMS City of Denton as Additional Insured McKinney Street Pavingl & Drainage and Woodrow Lane Sanitary Sewer Ref 2140 ` 5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO City Of Denton MAIL 3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 221 N Elm BUT F ILURE TO MAILS CH TICE SHALL IMPOSE NO OBLIGATION OR Denton TX 76201 LIABILITY F ANY KIND UP3 T COMPANY ITS AGENTS OR REPRESENTATIVES AUTHOR REPRE T/^ n n�9 / Sedates, IRC AQQRD2s.sf7reD1 �,>:" '";f,_ °" � , 6AcORd'C01rPOAAT1DN199D CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted • Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its AAA00350 REVISED 10/12/94 Cl - 1 Insurance Requirements Page 2 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 provide thirty(3O) days prior written notice of cancellation, non -renewal or reduction in coverage • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse AAA00350 REVISED 10112/94 Cl - 2 Insurance Requirements Page 3 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 [XI 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 CIS 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 AAA00350 REVISED 10112194 CI - 3 Insurance Requirements Page 4 [XI 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 [XI 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) [ 1 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 AAA00350 Cl - 4 REVISED 10/12/94 Insurance Requirements Page 5 "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 [ I 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 [ I 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 [ I Builders' Risk Insurance Builders' Risk Insurance, on an Ail -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 [ I 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 AAA00350 REVISED 10/12/94 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [XI 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 entitles performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the .contractor and regardless of whether that person has employees This Includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not Include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1(44) for all employees of the contractor providing services on the project, for the duration of the project AAA00360 REVISED 10112/94 Cl - 6 Insurance Requirements Page 7 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. AAA00350 REVISED 10112194 CI - 7 Insurance Requirements Page 8 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 Ib) a new certificate of coverage showing extension of coverage, prior to the end of the :overage period, if the coverage period shown on the current 1ertificate 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 AAA00360 REVISED 10/12/94 CI - 8 Insurance Requirements Page 9 (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 e6ties 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 AM003E0 REVISED 10/12/94 CI - 9