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HomeMy WebLinkAbout1997-166ORDINANCE NO `_TI- - I (p 49 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE 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 NUMBER CONTRACTOR AMOUNT 2048 SABER DEVELOPMENT CORPORATION $162,281 50 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the __� 1 +kday of — _ _,1997 VC440,111"LLER,' ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DATE JUNE 17, 1997 TO Mayor and Members of the City Council FROM Kathy DuBose, Executive Director of Finance SUBJECT BID # 2048 - BOYD STREET 6" AND MCKINNEY STREET 8" WATERLINE REPLACEMENTS RF,COMMENDATION: We recommend this bid be awarded to the low bidder, Saber Development, in the amount of $162,281 50 SUMMARY- This bid is for all labor and materials necessary in the replacement of 2,455 feet of waterlines in the Boyd Street area and 424 feet of waterlines at McKinney Street These waterlines are in poor condition and are too small to serve the residents adequately Notices to bid were mailed to sixty-nine vendors with responses received from three PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. Water Field Services, Water Utility, Citizens of Denton FISCAL IMPACT, Budgeted funds for C I P waterline replacement account number 620-081-0461-9114 Attachments Tabulation Sheet Memorandum from David Salmon dated 05/28/97 Minutes from Public Utility Board dated 05/19/97 Respectfully submitted a uBo Executive Dec ctor of Finance Prepared by Name H Title Senior Buyer Approved Name Forn 0 Shaw, Title Purchasing Agent 884 AGENDA BID # 2048 BID NAME BOYD & MCKINNEY ST WATERLINE REPLACEMENTS OPEN DATE MAY 15, 1997 I 2 LS IBOYD ST 6" WATERLINE LS ST 8" WATERLINE CORRECTED TO SABER DEVELOPMENT $128,666 50 JAGOE PUBLIC VENDOR $141,800 50 DICKERSON CONSTRUCTION VENDOR $156,453 00 $33,525 00 $35,505 50 $33,249 001 _$162,19150� _ $177,30600 __$189,70200 $162,281 I� YES _ YES_ _ _ _ YES I 4 CITY OF DENTON TEXAS CITY HALL WEST • 221 N ELM DENTON, TEXAS 76201 MEMORANDUM (817) 566 8200 DFW METRO 434 2529 DATE May 28, 1997 TO Gerald Cosgrove, P E Engineer Administrator FROM David Salmon, P E Engineer Administrator SUBJECT Boyd Street and McKinney Street Waterlines Bids were opened on the above mentioned project on May 15th, 1997 Saber Development Corporation was the apparent low bidder with a bid of $162,191 50 Upon review of the bids, a minor error was found in Sabers bid bringing it up to $162,281 50 Our estimate for this project was $178,674 00 The difference is relatively insignificant We checked references on Saber prior to awarding the bids for Laurelwood Waterline and found that they have completed similar projects for the cities of Hurst and Dallas with satisfactory results and few construction problems Laurelwood is too early in the process to consider personal experience I recommend that the Boyd Street and McKinney Street water lines be awarded to Saber Development Corporation David Sal n 5 "Dedicated to Quality Service" FROMI DENTON UTIL RDMI FAX NO 1 8175668120 06-03-97 09120R P 02 CITY OF DENTON PUBLIC UTILITIES .BOARD MEETING MINUTES EXCERPI May 19 1997 10 CONSIDER APPROVAL Or BID NO 2048 IN THE AMOUNT OF $162,281 50 FOR CONSTRUCTION OF BOYD STREET 6" AND MCKINNEY STREET 8" WATERLINE Ms, Jordan presented this item She said that Saber Development Corp, was the lowest qualified bidder, bidding $162,281 50 to replace the water lines in the Boyd Street area which are in poor condition and inadequate in size Our records show high maintenance activities for field service crews Replacing, these waterlines will provide a quality water system to the residents in this area with no interruption There are several servi" lines that cross East McKinney (FM 426) One of the lines is leaking so bad, that the road subsided The State will not allow us to replace the line We must extend a waterline across the street and relocate the services Mr Giese made a motion to approve bid as presented Mr Thompson seconded the motion The bid was approved as presented CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 17 day of A.D., 19 97, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and SABER DEVELOPMENT CORPORATION BOX 540186 DAIJAS, TX 75354 of the City of DALLAs , County of DALLAS 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 # 2048 - BOYD STREET 6" AND MCXINNEY STREET 8" WATERLINE REPLACEMENTS in the amount of $162,281.50 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA - 1 accordance with the plans, which includes all maps, plats, blueprints, and otherdrawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: CITY OF DENTON ENGINEERING DEPARTMENT 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, workers compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of d Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written APPROVED AS TO AAA0184D Rev. 07/28/94 CITY OF DENMN OWNER I I 9/)� - --Y V -3Yos PH NE NUMBER - y 3 -,;�Y6 FAX N ER� BY TITLE PRINTED NAME (SEAL) CA - 3 THE STATE OF TEXAS BOND NO. BCN1045245 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That SABER DEVELOPMENT CORPORATION, whose address is BOX 540186, DALLAS, TEXAS 75354, hereinafter called Principal, and RARER I]F.VF.T.[]PMF.NT CORPORATION , a corporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED SIXTY TWO THOUSAND TWO HUNDRED EIGHTY ONE and 50/100 DOLLARS ($162,281.50) 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 con- nected 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 97-166, with the City of Denton, the Owner, dated the 17 day of JUNE A.D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2048 - BOYD STREET 6" AND MCKINNEY STREET 8" WATERLINE 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 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 FOUR copies, each one of which shall be deemed an original, this the 17TH day of JUNE 19 97 ATTEST PRINCIPAL SABER DEVELOPMENT CORP ATION BY —� SECRETARY PKESIDENT ROBERT E FARROW ATTEST BITUYINqUS CASUALT C BY BY A TORNEY-IN-FACT R BECCA S THACKER The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME SOUTHWEST ASSURANCE GROUP, INC STREET ADDRESS 9400 N CENTRAL EXPWY , STE 1550, DALLAS, TEXAS 75231 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a nerenn's name ) [Revised 2/971 E \PORMS\PERFORM BON BID # 2048 PERFORMANCE BOND - Page 2 THE STATE OF TEXAS COUNTY OF DENTON BOND NO. BCN 1045245 KNOW ALL MEN BY THESE PRESENTS That SABER DEVELOPMENT CORPORATION, whose address is BOX 540186, DALLAS, TEXAS 75354, hereinafter called Principal, and _...BITUMINOUS CASUALTY CORPORATION, a corporation organized and existing under the laws of the State of ILLINOIS , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED SIXTY TWO THOUSAND TWO HUNDRED EIGHTY ONE and 50/100 DOLLARS ($162,281 50) in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, 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 97-166, with the City of Denton, the Owner, dated the 17 day of JUNE, A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2048 - BOYD STREET 6" AND MCKINNEY STREET 8" WATERLINE 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 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 FOUR copies, each one of which shall be deemed an original, this the 17TH day of JUNE 19 97 ATTEST PRINCIPAL SABER DEVELOPMENT CORPORATION BY G'4 xx— SECRETARY BY � - /-" � ESIDENRTT RO E FARROW ATTEST SURETY BYUOAr BY A TORNEY-IN-FA T RE ECCA S THACKER The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME SOUTHWEST ASSURANCE GROUP, INC STREET ADDRESS 9400 N CENTRAL EXPWY , STE 1550, DALLAS, TEXAS 72531 (NOTE Date of Payment Bond must be date of Contract is not a corporation, give a person's name ) (Revised 2/97 \FORMS\PAYMENT BON BID # 2048 PAYMENT BOND - Page 2 If Resident Agent "151 _ _"N+F_ayq_- -__ xi LALL-MA _ i_ $ n# 01 TMO at i�ef sf k^m ief a a#iar+, -_ _�-,y____yy�_�. -- l-Fan; _ _����- ���� _ :AVpIl�li IYEYC-F.i �Y-Ji=a•�nei�Y�arelY�r�ai�-�Li���L��i�in� _ _ =davarp�y{•�, th 4@ M um f � # — 8 - #C� #1 it t5[ d kft, w OR SO-rllir�utesal bp OIW P __ _ @�,� _ _-5kit��t9 ,¢E�'+ 4_E��9rflibc� fEE�t! • __ -- -�,� ED IM - _ _Y1�#$951���1'#��fll&�� �- ;y�',��___ jW aft PRA ads i ,atr a '" �q.� @� }��./�{;�p,�}�T-, _ �1�p� _ _ �y��- 1n jp qy�= --=3K1-EYr li]WMj 9 _ VS+3l-Y-�ktS�Si£r�"'BMY3r_��/s-__-.ii3it+lyt%" t'_ 1d F _ 1.ee 1XY _- _ _ --- -- - _ _ _ _-=_ter—_a- __ —=_ _ _=.'RSitlet�•t ��y{-� 1�{�n;k 1r�Qe{.vryr�y((_�{}j�y_/(�_� _}p_sL i11U'FiliW�#yI}lS{g�fp��linl VWInAilPSfi�RJ�� Yt�___ _ WRDrwl _ sutisonsaalf�stri®nty _ _vftiie - t , +_ `_- 1. p� y� OM—F __ __ __-_- -!= �^ s k IFlBthe ±_ _ 4—es =v— .,.- 1of „ Ir y, f yq, stt+ c � f 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 fads 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 _sue • 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 AAA00330 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(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 • 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 10/12104 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 million (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 10/12/94 Cl " 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 million (1.000.000) either in a single policy or in a combination of basic and umbrella or excess policies The policy will Include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, in addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ I 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 AAA003SO REVISED 10/12/94 Cl - 4 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 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 [ 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 10112/94 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [X) Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and 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 AAA00350 REVISED 10/12/94 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 mad 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 10/12/94 Cl " 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 (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 fife 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 AAA00350 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 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 AAA00350 REVISED 10/12194 CI - 9 BID SUMMARY S 4di➢*3M44ON i;ic 4AiQ�? .:. �L�711a4'a"'.li'" 'r�L1jLl7 •�w'��`�' 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 CONTRACT BY �!` 6?g c �� x sg0/ a Street Address '� City ancT State Seal & Authorization / 2 � 0 ��� (If a Corporation) / v Telephone B - 1 PROJECT Boyd St. 6" Waterline Replacement McKinney St. 8" Waterline Replacement Total BID SUMMARY WORK DAYS 50 30 80 BID AMOUNT 9 33� Award of the contract will be based on the total bid and all work will be awarded to one contractor. Total work days will be the sum of work days for all sections that are awarded. B - 2 Boyd St 6" Waterline Replacement WORK DAYS So HID NO MAR PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractors Warranties a- Understandings LS $/� �J/LS / .41 Unit Price in Words. -- /( ^su/LF 2 12-A 6" Waterline 2400 LF $ Unit Price in Words: 71-6 c,r qD#?,a � /G6 2 12-B 2" Waterline 55 LF $ /� /LF $ 9p� Unit Price in Words: f� 2 12 8 Ductile Iron Fittings 1000 LB $ /LH $ 60 b Unit Price in Words. r -- / Y,Pei )4� (���/EA 2 13 1 6" Gate Valve 4 EA $ $ f1O0 Co Unit Price in Words. 14.0 2 14 Fire Hydrant 8 EA $///lS'� EA Unit Price in Words 2 16-A Water Service (Public) 46 EA $ , EA Unit Price in Words 2 16-C Relocate/New Water Service 1 EA $ a �6 /EA $ fJ � Unit Price in Words A, D Wo /jvh �- --• 3 1 Preparation of Right -of- Way LS �/LS $ �Sd Unit Price in Words ) >>> 3 10 7 Hydromulch 173 BY $3��/SY Unit Price in Words 77�� �� 3 12 Temporary Erosion Control LS $ Unit Price in Words P - 3 Boyd St 6" Waterline Replacement WORK DAYS 50 BID NO 2048 PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-A Remove Concrete Pavement 4 BY o $ °a(� /SY ry pp S �* Unit Price in Words: -1AST26 3-8 Remove Concrete Curb 6 Gutter 5 LF $ �D00 /LF Unit Price in Words. 3-C Rrive emove Concrete Walks & D 12 SY $ �o0a /SY $ a/16 7 Unit Price in Words: GLPh� a22Z�g_� /$ 3.9 Sod (Replace) 98 SY ���/SY $ Unit Price in Words J 7� 5. 8-A Concrete Pavement 4 SY $ �D//S/Y $/40 0 a Unit Price in Words a :,f'J`0' 8 1 Barricade, Warning Signs & Detours LS $/� (� �T$ �� d Unit Price in Words 8 2-A Concrete Curb 6 Gutter 5 LF $ 0�,� /LF $ 1ff 0 Unit Unit Price in Words. 8.3-B Concrete Driveway 12 SY $ �i)0/SY $�I� Unit Price in Words SP-2 Concrete Saw Cut 43 LF $ n-Q0 /LF $ Unit Price in Words: YIk SP-10 Rock Excavation 50 CY/�_ a $ f /CY Unit Price in Words. SP-37 Excavation Protection 246 LF $ 02 /LF $ //C? Unit Price in Words: 7 71 P - 4 Boyd St 6" Waterline Replacement WORK DAYS 50 BID NO --2UL$— PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNI PRICE TO SP-39 Project Signs 2 EA $ F(:yo /EA Unit Price in Words — X& A0. �Y SP-40 Cut & Plug Existing Waterline 7 EA bl $ ZSO /EA Unit Price in Words %—sri15 ,iLY)dq F'• �% °� �au SP-42 Remove Valve Stack 9 EA $ / 00/EA 00 $ 7 10 Unit Price in Words O YIlr! �J%/rJ /06 SP-43 Asphalt Sawcut 5092 LF $ a\�✓/,LF $ Unit Price in Words SP-44 Remove Fire Hydrant 4 EA $ 3 Qo/EA/l/� $12a Q � Unit Price in Words / -Y, M SP-46 Misc Sprinkler System Adjustment LS $ /a(} /LS $ /fp Unit Price in Words 0/7L' WS-8 2" Blow Off Valve EA $ aN v/EA $ (j -6 at Unit Price in Words ,.-,-2 5 / $ Unit Price in Words $ / $ Unit Price in Words $ / $ Unit Price in Words $ / $ Unit Price in Words TOTAL P - 5 McKinney Sty 8" Waterline Replacement WORK DAYS 30 BID NO 204A PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 21 Contractors Warranties & Understandings LS $ �/.rxv'J /LS 7(/(/!/ $�n� vry Unit Price in Words ,o-A w �%`� !`S 2 12-B 8" Waterline 424 LF %ILF $ $� Unit Price in Words 2 12 8 Ductile Iran Fittings 200 LB $ Z J v /LB $ Unit Price in Words 0 J5 2 13 2 8" Gate Valve 2 EA $ (gyp SC� /EA $ / Unit Price in Words / d 2 16-C Relocate/New Water Service 4 EA $ :kS0 EA Unit Price in words ,-ram / -o !— 3 1 Preparation of Right -Of- way LS $ ? 00 /LS Unit Price in Words 3 12 Temporary Erosion Control LS $0 /LS $ Unit Price in Words Jam., L�. w2 ojAl -4 V'/y!' 3 C Remove Concrete Walks & Drive 13 SY ° $ /By $ U /7s-W Unit Price in Words ' �q.,P� /1111 3 9 Sod 20 SY $ ���m/SY $ O �' Unit Price in Words 3 10 7 Hydromulch 179 SY $ 00 //SY $ Unit Price in words 7,, a 6 4 14" Borings 60 LF $`/LF Unit Price in Words d h-e 1L,hVrV •i a, yuI/9/\J p - 6 WORK DAYS — 4AD 8 BID No � �3bb4488 McKinney St. B" Waterline Replacement PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TQTAL 8.1 Barricade, Warning Signs & Detours _ LS $ ,TQ o /LS Unit Price in Words: F, 72a 8 14 Fence Relocation 257 LF $ /LF $L 50rQ oD Unit Price in Words ,&L )) (� `�.Y/P G�j//QYJ i �� ,Wi 8 3-B Concrete Driveway 13 SY $ aPJ� /SY $ '(0 (J Unit Price in Words: 7-,: P4 �'/' A(J J1d) J SP-2 Concrete Saw Cut 16 LF $ 3 00 /LF $� ¢ Unit Price in Words � IC SP-10 Rock Excavation 50 CY $ 1 Q /CY $ s l: Unit Price in Words. SP-37 Excavation Protection 100 LF $ /LF $ �� Unit Price in Words: SP-39 Project Signs 1 EA $ g�7J /EA $ 0 0� Unit Price in Words �'�P �J c/. '$'/ SP-40 Cut & Plug Existing Waterline & Water 6 EA & /EA Unit Price in Words: may) (;�I�b SP-46 Misc. Sprinkler System Adjustment LS $ /LS $� Unit Price in Words: Q �L� //✓� / WS-11 14 inch, Gauge 7 Casing (Steel) 74 LF $ a(� /LF $ Unit Price in Words `�,PA�j,� 2 14 Fire Hydrant 1 EA Unit Price in Words: TOTAL�- P - 7 6/25/97 PpODUCER Empl oyen General Insurance Group, Inc 690 E Lamar Blvd THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Ste 580 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE Arlington TX 76011 COMPANY Old Republic Insurance Company A INSURED Saber Development Corporation COMPANY Old Republic Lloyds of Taxas P 0 Box 540186 B COMPANY Dallas TX 75354 C COMPANY D THIS 18 TO CERTIFY TT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 8SUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CO DITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LT TYPE OF INSURANCE POUCYNUMBBR DATE IMFFMAT�NIY) PDLTE� IDD�N LIMITS B OSNEMLLMBILITY GENERAL AGGREGATE f 2,000,000 X PRODUCTS COMP/OPAGG f 2,000 000 COMMERCIAL GEN LIABIUTY PERSONAL a ADV INJURY 1 1,000,000 CLAIMS MADE X OCCUR TCP-4462814 7/28/96 7/28/97 EACHOCCURRENCE S 1,000,000 OWNERBaCONTRACTOR'S PROT X FIRE DAMAGE (AM wefirs) S 50,000 CG 2503 is included MEDEXP(Aryonepenwn) f 5,000 B AUTOMOBILE UABIUTr ANY AUTO COMBINED SINGLE OMIT f 1,000,000 X X X BODILY INJURY (Per pe1°°n) f ALL OWNED AUTOS SCHEDULEDAUTOS BAA-4423199 7/28/96 7/28/97 X X BODILYINJURY (Per=Idenn f HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY EA ACCIDENT f OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT 6 AGGREGATE f A I EXCSSS UAJ31UTY EACH OCCURRENCE f 1,000,000 AGGREGATE f 1,000,000 X UMBRELLA FORM UL-R462053 7/28/96 7/28/97 f OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND X I STATUTORY UMITS EACH ACCIDENT Is 500,000 EMPLOYERS LIABILITY WC-1463379 7/28/96 7/28/97 DISEASE POLICY UMIT Is 500,000 THE PROPRIETOR/ INN. PARTNERSIEKECUTIVE OFFICERS ARE EJ(CL DISEASE EACH EMPLOYEE I f 500,000 OTHER DESCRIPTION OF OPERATION TIO;;7 S—MCLEMPECIAL ITEMS Re Boyd Street 6" and McKinney Street 8" Waterline Replacement City of Denton, its Officials, Agents, Employees and volunteers are provided waiver of subrogation on all policies and are additional in ured on all licies exce t Workers' Compen ation if required b written contract • Y < 5 nE n�L�<`�kd<v<1<"ald�<u�� <aC ^"Pbp'y p�''AS d��Yd -Z.. SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE OPPRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Of Denton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Hall West, 221 N Elm BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Denton TX 76201 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AU ZED REPRESENTATIVE