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Home My WebLink About1998-373ORDINANCE NO 2f 7-5 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR MAYHILL ROAD PAVING AND DRAINAGE IN THE AMOUNT OF $632,149 84, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2283 — MAYHILL ROAD PAVING AND DRAINAGE AWARDED TO JAGOE PUBLIC CONSTRUCTION IN THE AMOUNT OF $632,149 84) 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 CONTRACTOR AMOUNT 2283 JAGOE PUBLIC CONSTRUCTION $632,149 84 SSFCTION 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 SSECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 3W day of 1;me1- ,1998 ATTEST JENNIFER WALTERS, CITY SECRETARY BY GL�i(,QJ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BYc 2283 MAYHILL ROAD PAVING &DRAINAGE ORDINANCE ATTACHMENT #1 TABULATION SHEET BID # 2283 DBR JRJ JAGOE RENAISSANCE BID NAME MAYHILL ROAD PAVING & DRAINAGE CONST PAVING PUBLIC CONST DATE 13-Oct•98 PROPOSAL TOTAL $714,936 70 1 $1,011,141 25 $680,212 23 $993,653 00 ADDENDUM YES YES YES YES BID BOND YES YES YES YES 9 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 3 day of NOVEMBER A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC CONSTRUCTION P.O. BOX 250 / 3020 Fr. WORTH DR. DENTON, TX 76205 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 #2283 - MAYHILL ROAD PAVING AND DRAINAGE in the amount of $632,149.84 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 furmsh 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 CA - 1 plans, winch 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 mjury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, mvitees, 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 he 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 tune 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 J-7 r.TTY11FNTf1N / OWNER B (SEA JAGOE PUBLIC CONSTRUCTION CONTRACTOR JAGOE PLBur rniAoeu�_ BOX 250 DENTON. TEXAS 76202 MAILING ADDRESS ( 1 qa ) 2- PHONE NUMBER �&o) 3�l —�73 z FAX NUMBER / BY ZSf�_5�v, ce ✓r ' do. — TITLE // PRINTED NAME (SEAL) CA-3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC CONSTRUCTION, whose address is P.O. BOX 250/3020 FT. WORTH DR., DENTON, TX 76205, hereinafter called Principal, and ASSOCIATED INDEYNP CORPORATIONa 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 THIRTY TWO THOUSAND ONE HUNDRED FORTY NINE AND 84/100 DOLLARS ($632,149.84) 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 98-373, with the City of Denton, the Owner, dated the 3 day of NOVEMBER A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2283 — MAYHILL ROAD PAVING AND DRAINAGE. 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 mcur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect F9W. 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 herem 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 NOVEMBER 1998. ATTEST ATTEST PRINCIPAL SURETY m The Resident Agent of the Surety in Denton County, Texh&4or delivery of notice and service of the process is NAME STREET ADDRESS WILLIS CORROON CORP NOEL RD SUITE 40C As, TEXAS 75240 (NOTE Date of Performance Bond must be date of Contract !f Resident Agent is not a corporation, give a person's name ) �'J PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC CONSTRUCTION, whose address is P.O. BOX 250/3020 IT. WORTH DR., DENTON, TX, 76205, hereinafter called Principal, and ASSOCIATED INDEW n 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 THIRTY TWO THOUSAND ONE HUNDRED FORTY NINE AND 84/100 DOLLARS ($6329149.84) 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 Tlus 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 98-373, with the City of Denton, the Owner, dated the 3 day of NOVEMBER A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2283 — MAYHILL ROAD PAVING AND DRAINAGE. 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, 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 he performed thereunder, or to the Plans, Specifications, Drawings, etc 19-IM] 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 herem 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 NOVEMBER, 1998. ATTEST PRINCIPAL �GDF�vofc r c.._ CO BY SECRETARY BYit VitE P IDENT ATTEST SURETY ASSOCIATED INDEMNn CORPORATION BY TW-T, -IN---F�A�C/,TT %Vyv vN The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME STREET ADDRESS WILLIS CORROON CORP 11355 NOEL RD DALLAS, TEXAS (NOTE Date of Payment Bond must be state of Contract If Resident Agent is not a corporation, give a person's name ) n83 CONTRACT & BONDS GENERAL POWER OF ATTORNEY ASSOCIATED INDEMNITY CORPORATION KNOW ALL MEN BY THESE PRESENTS. That ASSOCIATED INDEMNITY CORPORATION a Corporation duly organized and existing under the laws of the State of California, and having its prlactpal office in the County of Mann, 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 Attotsey(s)in-Fact, with full power and authority hereby conferred viits time place and stead, to execute seal, acknowledge and deliver any and a0 bonds, undertaking, recognizance; 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 confirming 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 Appolatmeat sad Aothorlty of Resldeat Secretaries, Attorney -in -Fact and Agents to accept Legal Process and Make Appearances Section 45 Appolatmeat The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by The Board of Directors, the Chalrmap of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Aaoroeys-lo Fact to represent and eel 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 Weir appointment Any such appointment and W authority granted thereby may be revoked at any time by The Board of Directors or by any person empowered to make such appointment " This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of ASSOCIATED INDEMNITY 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 end 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, Anon any eti power of attorney, any revocation of any power of attorney, or certificate beang such facsimile signature or facsimile seal shall be valid and binding D 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 r h day of - A „ g„ a t, , 19 _ 97 M\MQYYXII,C ASSOCIATED INDEMNITY CORPORATION f\ By v P p14m[ STATE OF CALIFORNIA COUNTY OF MARIN as On this 27th des of August 97 M A Mallonee 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 We above Instrument, that he knows the seal of said Corporation, that the seal affixed to the said 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 LeA KRIEGER D COMM s1045112NOTARY PUBLIC CALIFORNIA MARIN COUNTY 0 MYCairn EvvesMar 20 tang STATE OF CALIFORNIA COUNTY OF MARIN es I, the undenigned, Resident Assistant! oI ASSOCIATED INit Signed and sealed at the County of Mahn Dated the 3 day of �,,(YYlrj W„\\mnnnroM^M Notuy Pubac o CERTIFICATE )RATION, a CALIFORNIA Corporation, DO HEREBY CERTIFY been revoked, and furthermore that Article VII, Sections 45 and 46 of the Power of Attorney, are now in force November 360711-AS-3-95 Insurance Requirements Page 1 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 falls 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 e 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 2283-INSURANCE CI-1 Insurance Requirements Page 2 • 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 provide thirty (30) 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 2283INSURANCE CI-2 Insurance Requirements Page 3 • 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 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 2283-INSURANCE CI-3 Insurance Requirements Page 4 • 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 [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 110.1 10 of the Texas Worker's Compensation Commission (TWCC) 2283INSURANCE CI-4 Insurance Requirements Page 5 [ 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 "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 [ 1 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 [ 1 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 [ 1 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 [ 1 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 2283-INSURANCE CI-5 Insurance Requirements Page 6 ATTACHMENT1 [X] Worker's Compensation Coverage for Budding 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 2283 INSURANCE CI-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 mall 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 2283 INSURANCE CI-7 Insurance Requirements Page 8 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 01 1(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 2283 INSURANCE 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 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 2283INSURANCE CI- 9 In the event of the award of a contract to the undersigned, undersigned will furnish a performance bond and a Payment t--e the full amount of the contract, to secureproper P Ya►ent bond tc: the tarns and provisions of the contract, tisure andguarantee wit; the work until final completion and acceptance, and to guarantee guarantee Payment for all lawful claims fo mr labor performed and mst 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 corrac- and final. Unit and lump -sum prices as shown for each item listed in thas proposal, shall control over extensions. CONTRACTO 8Y Lc..�� //V Street Addr-etas---""'— city and State Beal & Authorization (If a corporation) ( ?fo) 382 - 2-S8'/ Telephone H - 1 Mayhill Road BID TABULATION SHEET Work Days,_,BQ_ Paving and Drainage Bid No P O No item I Descn don i Quantity Umt Unit Price I Total 121 Contractors Warranties and Understandings LS $02/006, 0G/LS $,�-/o0o ao Unit Pnce In Words 4c ova , a d o/% s a .f .t o ti 2 11 5 Inlet Frame and Cover 11 EA IS -,�00• Ott $ jo0 00 Umt Pnce In Words 2 12 3-A 42" Class III stone sewer 857 1 LF $ 103. p0 /LF Is $ra71 eo Umt Pnce In Words oar. mod, eo(I 2 12 3-B 48" Class III storm sewer 371 1 LF $ /a o 00 /LF I $ Umt Pnce In Words aAz A4t4dnbi 06!/0 a,^d,,,b 2 12 3-C t 8" Class 1II storm sewer 162 1 LF $ SO.O o/LF $ 9100,00 Umt Pnce In Words F �/ (,,�cz vxts 2 12 3-1) 21" Class III stone sewer 90 1 LF $ TO, 06/LF Is ySoO 0� Umt Price In Words do / ys �,( n/d 4zAd-,3 2 12 3-E 24" Class IV storm sewer 90 1 LF $ SS.00 /LF $ Sao• 00 Umt Pnce In Words j ei /l o iS ano/ ^AO cC.-S 2 12 3-F 36" Class IV storm sewer 653 1 LF $ 8S 06/LF 1 $ 555'05- Umt Pnce In Words et kl A ..e do/la is a.u[ No 21232 6' X 4' Class IV Box Culvert 1 272 LF $ 33 0.00/LF $ i f.p, u Umt Pnce In Words ) a. Q W A/o 214 Fie Hydrant Assembly 2 1 EA $ / 5 vo, 0O/EA $ 3oo0 00 Umt Pnce In Words -G �e tiVaadd Ala Ce 3 Remove 18" Remforced Concrete Pipe 1 238 LF $ -90. 0O /LF $ 4-X, 0. oo Umt Pnce In Words 3-A Remove Concrete Curb & Gutter 25 1 LF $ / S oo/LF 1 $ .37 S 00 Umt Pnce In Words , ,s n el Ills C C c�s 3-11 Remove Concrete Dnves & Wa&s 112 1 Sy Is / 0, 0O/Sy I $ Umt Pnce In Words J�&v d0//ui5 9/15/98 P 3 Mayhill Road BID TABULATION SHEET Work Days_2C_ Paving and Drainage Bid No PO No Item Descri lion Quantity I Umt I Unit Price I I Total 3 1 P aration of Right of Way - LS $ /S,PSa Q0/LS $ l SaSa w Umt Pnce In Words -� � ' fkoa so +d f4Jo hu. o(r�/�, (,f Q„ g,4 A06 Lr.�Ls 33 Unclassified Excavation 3475 CY $ 9 00 /CY $ 3l.VL7S0 ° Umt Price In Words N1ne do a, Gertfs 37 Com acted Fill 475 1 Cy $ q u°/CY $ /9eo. w Umt Pnce In Words AJ0 39 Sod 10 SY $ /0,00/Sy $ 00,00 Umt Price In Words &&arz ati s 3 10 7 H dromWch 954 SY Is -�L oo/Sy $ /90 8 ao Umt Price In Words 4-jag/ p r dilol iUo 3 12 Ilemporary Erosion Control I LS $ (p3oo 79LS $ 4300.00 Umt Price In Words , kt6oj4,1,,,,/ m/ &jgN0 4 6-A 6" Lune Treatment of Subgrade 11,125 SY $ /.'70 /SY $ Umt Price In Words glol 4 6-13 T e A Hydrated Lime(Slurry) 151 1 TON $ 0. 00/rON 1 $ 13n 0 Q0 Umt Price In Words &4 Q 5 7-A 4 1/2" As halt Pavement e A 9,691 1 SY $ to 70 /SY 1 $ Umt Price In Words ; ,/ 5 7-B 1 1/2" Asphalt Pavement e D 9,691 SY $ A531SY Umt Price In Words / C 5 7-C T' Asphalt Pavement a A, Base 10,793 1 SY Is 3. 00/Sy $ 3.>67 q o 0 Umt Price In Words 5 7-1) lAsphalt Pavement a D, Patch Matl 29 1 TON $ ion 04roN I $ / i B S. O o Umt Pnce In Words 7 6-A-1 6 1 Safety End Treatment - 42" Pie 12 1 EA $ /900, 0kA sT;-7? o ° Umt Price In Words adf 1-4,' g //a-:s 9/14/98 P 4 Mayhill Road BID TABULATION SHEET Work Days_M_ Paving and Drainage Bid No PO No 9/14/98 P 5 Mayhdi Road BID TABULATION SHEET Work Days__20_ Paving and Drainage Bid No PO No Item Description I Quantity I Unit I Unit Price Total 8 2-A Install Concrete Curb & Gutter 3,659 LF $ 8.60 /LF $ //o /. S° Umt Pnce In Words r lit do//ae5 and FrFt ce,�ts 8 3-A;8" Dnvewa 6" 521 SY Is 33.'S0 /SY $ /-7NS3.So Uju Pnce In Words f ti; r o 8 3-B Valle Gutter 4 SY $ &0. 00 /SY $BYO• Q0 Unit Pnce In Words olo/�a�-addNe e-a� 814 Fence Removal / Reconstruction I LS Is q0 00, "1LS $ /{000, 00 Umt Pnce In Words ilt&ia9499,ve 8 15 Concrete Riprap 89 1 SY $ O.Oo/SY $ 3� /oo. oo Unit Pnce In Words �01,021 d/Q. N SP-2 Concrete Saw Cut 49 LF $ 00/LF I $ /S 60 Umt Pnce In Words-4,A6, o(o/lo,a a,a/ A& SP-4 Waterline Lowenng 1 1 1 EA $ 3a00. 0o/EA $3000.'O Umt Pnce In Words 62& 24,dGa�3 SP-10 Rock Excavation 50 1 CY Is 410,001CY $a000, 00 Umt Pnce In Words SP-15 Adjust Valve 3 1 EA $ a00. p0/EA $ &00.0o Umt Pnce In Words A/0 SP-37 Excavation Protection 50 LF $ '- p0 /LF $ /00. 00 Umt Pnce In Words && dadaiz addAAAGf.+.r45 SP-39 Pro ect Signs 2 EA $ '/$0.06/EA $ ?00-00 Umt Pnce In Words 4 SP-43 As halt Saw Cut 1 241 1 LF $ al 00 /LF $ 00 Umt Pnce In Words - � do/lais SP-44 Remove Fire Hydrant 1 2 EA $ 7U0• 40 /EA $ /q00, 0 0 Umt Pnce In Words e r i✓e c� 9/14/98 P 6 MayhIII Road BID TABULATION SHEET Work Days_gQ_ Paving and Drainage Bid No PO No 9/15/98 P 7 P� a $ U Attach this ehaot immediately behind sheet P-5 in the PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF MAYHILL ROAD PAVING AND IPRAINAGE IN DENTON, TEXAS r Item t 4 , , Description Quantity Unit Unit Price Total 33 jUnclassified Excavation 3189 1 CY $ 9 _° /CY $ z8701.4t Unit Price In Words AA%c o a, s 4 o c erg 3 7 Compacted Fill ^ _ 751 CY $ eJ /CY $ gn,i_ m Unit Price In words �.4� . i�4 �N C. H /3 8.14-13 lChamLinkFence jL=pSumj LS $ / 8vo,ao /LS $ 7 2bD, � Umt Price In Words PROJECT 1. Uhmodtfied Proposal TOTAL 2. Modified Proposal TOTAL TOTAL WORKDAYS FO $ e-79,88' �3 $ The paving and drainage improvements will be awarded to one contractor The bid price will be based on the Proposal Unmodified or the Proposal Modified sly, "r., 6,51.+, T"14 SA.04 6066 Two ( eLra�7'I,�o�✓2 RAMEY A KING MISURANCE on & WE, SVIb A Denton TX rms.7SSE NWPEE JeOoe•Publb COmMnr E+e OBA Tema Qloup P G Box 260 Dmlon TX TS309 9 PYf Aj.'1,rEu 11 Y�II 1 ( N 1 �E � CA OAIA D1M RRE CERTIFICATE IB ISSUED AS A MATTER OF INFORMATION ONLY AND :ONFERB NO RIONTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE 009E NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COIAPANY A Bitulnlnoa Cewdty LEVER COMPANY LETTER B swurlty Ina Co COMPANY LETTERC Teeee Wort ComP FWW COMPANY LETTER D COMPANY LETTER E I<' 1��6''^41�1B7fx+t'It'tflNr I�P6,"."7•Ist,`!,"P>,IF 4.17k" b'G"Sl'%' , 1' xt, : " _ d' : » n' x THIS IS TO COMFY THAT THE POLICIES OF INSURANCE LISTED EELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWRHETANDINO 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 UNUTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS '0 TYPE OF NBIMNOE POLICY NUMBER POLICY EFFECTPYE POLICY EXPIRATION WH$ TR DARE (Mmonem DATE IMMNO" A MOM LIABILITY OLPSSOSTSS 10101to 10/O1119 OEN ADacDAIC I X COMMERCIAL OOVK LIABLRY PRODUCTS COMPAP AGO I CAME MADE X OCCUR PniS(XI.M a MV I,LAIRY i OWNERS a CONRMCWRS P ROT EACH OCCIRPENCE S FIRE DAMAGE (MY " NE) I 4E0 DPFNSE (MY" Few) I A AUTOMOBILE LIAILIR' X ANY AUTO ALL Own AUTOS SCMFGI µRoe X HIRED AUTOS X NOROANED AUTOS GAUGE LIABILITY A EECEIB LWMY X LAABRELLA FORA OTHER THAN UMMBLLA FM WORKIR I COVANSATICN C AND ILIPLOYOW LRILRY MIR B CONTRACTORS EQUIPMENT CA11119341967 101011SB 101011" COMBINED SINOLE I LIMIT GODLY I,AURY RPM alEml BODILY IIMAIRV I (Pr, E�t PrIMRTY DAMAGE I CUP25MM i"Im 10101199 EACH 00CURNNCE I AGGREGATE �I STATUTORY LIAIIS Tao 10101/M 101009 EACH ACCIDENT I DGEAEE POLICY LIMIT I OLSFASF EACH FMn OVFF I w CIMAB6864 09/16/SS D"519S OWNED EQUIPMENT 1% DEDUCTIBLE RENTED PER REM DESCRIPTION OF OPERATMV. MTII MV MCLMLWWPL MM CRY OF DENTON RB OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED PROJECT BID 2" MAYNILL RD PAVING B DRAINAGE City of Duran 9013 TNMe 81 DMW TX 76201 2000000 2DODDDD 1000000 1000000 50000 IDDO 1000000 1000000 1000000 loom IODOW 1000000 mm" flim F,II�lM,Nh Y,r �,.. v„1 xu, .a, e5 oxo YIW Yny vto •W n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ttI EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL EMILAIVOBIXWXXXX 'd MAIL _30 6 DAYS WRITTEN NOTICE 70 THE CERTIFICATE HOLDER NAMED TO THE W. <" TB"4(I1y� wry kuPDlBla, Ina. XvA:ig2T11 £/Z 3OVd Lb b 96/ZT/TT 9UTA{ ?g A,EUJPJJ