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HomeMy WebLinkAbout1997-286ORDINANCE NOS 06P 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 ordmanees, 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 SF?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 NUMBE CONTRACTOR AMOUNT 2089 MID -STATE UTILITIES, INC. $142,424.00 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 f irmshmg of performance and payment bonds, and insurance certificate after notification of the award of the bid sFCTION 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 �,Q� c PASSED AND APPROVED this the o1✓"' day of 5��%fLFtI ,1997 J ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY � APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY I: �i. �� / DATE SEPTEMBER23,1997 TO Mayor and Members of the City Council FROM Kathy DuBose, Assistant City Manager of Finance SUBJECT MANHOLE REHABILITATION PROJECT RECOMMENDATION: We recommend this bid be awarded to the low bidder, Mid -State Utilities, Inc , in the amount of $142 424 00 SUMMARY: This bid is for all labor and materials necessary in limng existing water/wastewater manholes throughout the system (approximately 959 vertical feet) These manholes will be lined with a (3)-layered composition liner system Lining these manholes will extend their life and structural stability and is more cost effective than installing new manholes Four bid proposals were received in response to eighty-three notices mailed to vendors PROGRAMS,DEPARTMENTSORGROUPSAFFECTED: Water/Wastewater Field Services, Water/Wastewater Utilities, Citizens of Denton FISCAL IMPACT: Budgeted funds for 1997 Manhole Rehabilitation Account #625-082-0471- V704-9114 Attachments Tabulation Sheet Public Utility Minutes Recommending Approval Respectfully submitted Kath e Assistant City Manager of Finance ! Prepared by Q Name Denise H— arpool Title Sdmor Buyer Approved Name Tom D Shaw, C P M Title Purchasing Agent 936 AGENDA Bll) #— — — 2089 -- — Teenie's Inc Mid -State Suncoast Southl BID NAME MANHOLE REHABILITATION Utilities Environmental Packml PROJECT OPEN DATE 5-21-97 'j `101R VENDOR YEN'DOR VO # ITV pi¢S RIiP'iION TOTAL BID AWARD $193,300 00 _ $142,424 00 $313,911 25 _ $2: i I BOND? Yes Yes li No 1 vestern l & Seal DOR 14,034 00 es AGENDA ITEM 3. CONSIDER APPROVAL OF BID NO 2089 IN THE AMOUNT OF 5142,424 00 FOR 1997 MANHOLE RENABILITATION PROJECT Jill Jordan, Interim Director of Water Utilities, recommended awarding flue contract to Mid -State Utilities in the amount of $142,424.00 during her presentation on the manhole rehabilitation project Chalrman Hopkins explained this was part of the inflow project. After discussion Board Member Norton moved to accept Utility staff recommendation. Board Member Newell seconded the motion. It was udammously passed by the board. CONTRACT AGREEMENT (_]R l 1 f 1 c "- -- U C(m STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this SEPTEMBER A.D., 19 97 , by and between 23 day of _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 of the City of WACO , County of MCLENNAN 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 # 2089 - MANHOLE REHABILITATION PROJECT in the amount of $142,424.00 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 CITY OF DENTON WATER/WASTEWATER ENGINEERING STAFF 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. This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and da first ab itt y ova wr on. ATTEST: ATTEST: APPROVED AS TO F RM: o��ir, � AAA0184D Rev. 04/05/96 CA - 3 — CITY OF DENTON OWNER By MID -STATE UTILITIES, INC CONTRACTOR P0,Pt-N_ limo MAILING ADDRESS as- 3(o3-s-(0gq PHONENUMBER S� rrNUMBB'ER� p _aR(o `, - FAX NUMBER BY IZ,�IV TITLE p w ono Work./ PRINTED NAME (SEAL) CO 0 sQo�) THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That MID -STATE UTILITIES INC, whose address is P.O. BOX 1160, WACO, TX 76703-1160, hereinafter called Principal, and AME rporation organized and existing under the laws of the State of TEXAS, an y au o sact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED FORTY TWO THOUSAND FOUR HUNDRED TWENTY FOUR and no/100--- ($142,424.00) 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 Tins 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 97-286, with the City of Denton, the Owner, dated the 23 day of September, A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2089 -- MANHOLE REHABILITATION PROJECT 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 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, tins instrument is executed in 4 copies, each one of which shall be deemed an original, this the 23 day of September,1997 ATTEST PRINCIPAL BY Ck BY SECRET PRESIDEN ATTEST SURETY AMERICAN NATIONAL FIRE INSURANCE CO. The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processes A NAME L.�II:I WVW.1101610CY.9 (NOTE Date of Payfnent Bond must be date of Contract 9 Resident Agent is not a corporation, give a persons name ) PAYMENT BOND - Page 2 THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That MID -STATE UTILITIES, INC , whose address is P O BOX 1160, WACO, TX 76703-1160, hereinafter called Principal, and AMERICAN NATIONAL FIRE INSURANCE COirporation organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED FORTY TWO THOUSAND FOUR HUNDRED TWENTY FOUR N0/100-- DOLLARS ($142,424 00) plus 10 percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages ansing 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 97-286 , with the City of Denton, the Owner, dated the 23 day of September A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2089 -- MANHOLE REHABILITATION PROJECT. 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 ansmg 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 23 day of September, 1997 ATTEST ATTEST PRINCIPAL M / d -Sfafc 07, /ih e5� � c- SURETY AMERICA NATI L FIRE INSURANCE CO. BYzmd,L BY A ORN Y-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is STREET ADDRESS QWr, .i? 5V5, J&- COO R 7SeL5' (NOTE Date of Puce Bond must be date of Contract If R ident Agent is not a corporation, give a person's name ) PERFORMANCE BOND - Page 2 ti Iu ON1 (9 96) AMERICAN NATIONAL RRE INSURANCE MMMY New York, New York Administrative Office 680 WALNUT STREET* CINCINNATI OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No 0 16117 FIVE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below Name Address Limn of Power CHAMPE FITZHUGH, JR. R.J. REYNOLDS ALL OF AL PAT EBARB JEAN REYNOLDS mm' TEMS UNLIMITID JAMIE IRVIN This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above IN WITNESS WHEREOF the AMERICAN NATIONAL FIRE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 28th day of October 1996 Attest _ AMERICAN NATIONAL FIRE INSURANCE COMPANY (D 1 Msnt uH S�uunry STATE OF OHIO, COUNTY OF HAMILTON — ss 1'rcvduu On this 28th day of Octoberr, 1996 , before me personally appeared GARY T DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of American National Fire Insurance Company, the Company described in and which executed the above instrument, that he knows the seal that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority MAUREEN DOUGHERTY Notary Pubile, state of Ohlo MyCorN slonEvireaAug 12,2D01 0�u4wza� O° � This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of American National Fire Insurance Company by unanimous written consent dated July 27, 1995 RESOLVED That the Division President the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfof the Company as surety, anyand all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time RESOLVED FURTHER That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when so used bemgherebyadopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I,RONALDC HAYES, Assistant Secretary of American National Fire Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 27 1995 have not been revoked and are now in full force and effect Signed and sealed this 23rd day of September i9 97 0u„ nu P 4"w'1111 S'uttul S 1030M i8/981 ACORD V I, ;"1 Od 1'f"il. 01P IQA,$1L,1TY ATE (MMIDDIYY) INSURANC48R S D09/30/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ritzhugh 6 Cc Insurance Agency HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 209 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE Waco TX 76703-0209 COMPANY A Transcontinental Ina Cc Ralph J Reynolds oaN 254-754-35 3 Fax254-754-3852 INSURED COMPANY B Continental Casualty COMPANY C Transportation Ina Cc Mid State Utilities, Inc COMPANY D P 0 BOX 1160 Waco TX 76703 ¢C ERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 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 BEISSUE 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 CO LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE(MMIDD/YY) POLICY EXPIRATION DATE(MMIDD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE s2 OOO OOO X PRODUCTS COMP/OP AGO s2,000,000 A COMMERCIAL GENERAL LIABILITY C134919790 09/19/97 09/19/98 CLAIMS MADE 7OCCUR PERSONAL S ADV INJURY S 1,000,000 EACH OCCURRENCE $1 0OO O00 OWNERS &CONTRACTORS PROT FIRE DAMAGE (Any one fire) $ 50,000 MED EXP(Any one pereon) $ 5 000 B AUTOMOBILE LIABILITY ANYAUTO C134919787 09/19/97 09/19,98 COMBINED SINGLE LIMIT F1,000,000 X BODILY INJURY (Per Penton) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) s HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLY EAACCIDENT F OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT s AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE s3,000,000 AGGREGATE $ B X UMBRELLA FORM C134919823 09/19/97 09/19/98 OTHER THAN UMBRE LA FORM WORKERS COMPENSATION AND ATMITST U OTH TTWO RT EMPLOYERS LIABILITY EL EACH ACCIDENT 11500,000 EL DISEASE POLICY LIMIT s500OOO * THE PROPRIETOR/ INCL PARTNERBIEXECUTIVE OFFICERS ARE EXCL WC1034905565 09/19/97 09/19/98 ELDISEASE EAEMPLOYEE s500OOO OTHER A Install/Builders R C134919806 09/19/97 09/19/98 DESCRIPTION OF OPERATIONS/L CATIONSNEHICLESISPECIAL ITEMS RE Manhole Rehabilitation Pro sat Employsea 6 Voluhteers &;a named as excepts Workers Cbbmpeneatlon Cif; of Denton, its Officials, Agents, addixional insureds on all policies CERTIFICATE HOLDER I CANCELLATION CITYD-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City Of Penton ATTN Purchasing Dept 901B Texas Street Denton TX 76201 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Ralph J Reynolds ACORD 28-$ (1188) 04CORD CORPORATION 1988 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 • 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 throughoutthe 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 10/12/94 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 shalt be maintained In compliance with these additional specifications throughout the duration of the Contract, or longer, If so noted: I81 A. General Liability Insurance: General Liability Insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) Is used • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal Injury. • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least, • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability AAM0350 REVISED 10/12104 Cl - 3 Insurance Requirements Page 4 DJ Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000.0oeither 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- 0 any auto, or O all owned, hired and non -owned autos [%] 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 AAA00350 REVISED 10/12/94 Cl - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the some 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 AAA00360 REVISED 10/12194 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [s) 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 401 011(44) for all employees of the contractor providing services on the project, for the duration of the project. AAAW350 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 CI - 7 Insurance Requirements Page 8 1. 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, anew 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 mall 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 AAAM350 REVI8ED 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 P"ISED 10/12/94 Cl - 9 BID SUMMARY TOTAL BID PRICE IN WORDS OA4 /10y,02t7,V ) f-D,OTtr - %GUCU T/k)cJs/hti11 F-ou2 I 'Twi w71— 1SO0,2 ° A-2y /DO Ix't«rk'� 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 CONTRACTOR BY \N IA/0 P C) -'a� Street Address _ L��ard State ron ^^�� (If a Corporation) otS� - Telephone RIM 1997 MANHOLE REHABILITATION PROJECT WORK DAYS 30 BID NO 2089 PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL WS-34 Manhole Lining 959 VF $ 0� I/F 131:9)42910 Unit Price in Words G rum 1/u,u oL�E1� � 121 Contractor's Warranties & LS $14�Q0`1 understandings Unit Price in Words TJ/ou54f,D 8 1 Barricades, Detours & LS $ 7- p v "I L s $ 2 2 Warning Signs Unit Price in Words 7600 $ $�2 TOTAL TOTAL PRICE IN WORDS P - 3