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HomeMy WebLinkAbout1996-129ORDINANCE NO qj(P-- 099 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 1891 J C EVANS CONSTRUCTION $390,826 00 SECTION IT 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 SF,CTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _ day of,1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CONTRACT DOC DATE JUNE 4, 1996 TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID #1891 - MONCAYO - STUART 15" SANITARY SEWER RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, J C Evans Construction, in the amount of $390,826 00 SUMMARY: This bid is for the construction of a two segment 15" sanitary sewer line to replace an old obsolete 10" clay pipe line The Stuart Road segment consists of 2,369 L F of 15" sanitary sewer This portion starts at Sun Valley and terminates south of Loop 288 near Selene (See Exhibit attached) The Moncayo Road portion is 1,371 L F of 15" sanitary sewer, beginning at Driftwood and continuing north to Stuart Road (See exhibit attached) The Stuart Road portion is the second phase of a project begun in the 1993 CIP This project was presented to the Public Utility Board for consideration and they recommend approval BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS -AFFECTED. Denton Municipal Utilities and J C Evans Construction Co FISCAL IMPACT: Funds for this project are available in the current CIP budget, account #674- 082-RB93-V309-8560 Respectfully submitted � Ted enavides City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 739 AGENDA u c e a a en w ti a 0 o �' v � u C o q U 0 0 ad+ � °o 0 _ V U _ o U � v � � O _U U __ _ 0 0 N +� i w y v o by O F�1 ICI /� a N y T L N � d � � '� e w � d d q = z z w L� _�_ c T N T N N T i. r e u e W oeo P� 9 E 0 u d e 9 d 9 Q Stuart Road 15 " Sanitary Sewer JUPITER �'� APOLL❑ PERSHIN NO LN JUNO a � z CAMET z a z 0 w H ~ N Z Q ERC ES i z c SU VALLEY p RETAMA = HIL TON 3 Exhibit II (1 of 2 ) Moncayo Road 15 " Sanitary Sewer A5P J THE Q Y VILLAGE Lj MG Ja Off' L�,F' a WOLFTR R CEDAR HIL GLEWOO o NDSGR a WIND P UEBONN IN ELD zz-. MEADOW - BROOK CIR DR FTW ❑D TRAIL CHISHOLM TRAIL w CORDOVA v~ w x T MA Z� LI Exhibit II (2 of 2 ) CONTRACT AGREEMENT STATE OF TEXAS § litres COUNTY OF DENTON § THIS AGREEMENT, made and entered into this a day of JDNE A.D., 19 96 , 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 J.C. EVANS CONSTRUCTION 3900 VALLEY VIEW IRVING TEXAS 75162 of the City of IRVING , 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# 1891 - NONCAYO - STUART 15" SANITARY SEWER in the amount of $390,826.00 and all extra work in connection therewith, under the terms as statel 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 Y •' WW0 24" all of which are made a part hereof and collectively evidence and constitute the entire contract. pCir-Lm=T , - - 0 M;3;'i;fFn 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 tin... stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA- 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. M CITY OF DENTON If OWNER ATTEST: APPROVED AS AM0184D Rev. 07/28/94 CA - 3 (SEAL) -vlg Z60706Vq PHONE NUMBER FAX NUMBER Gary D Nauert, Senior Vice President BY TITLE PRINTED NAME (SEAL) STATE OF TEXAS S COUNTY OF DENTON S Bond #39668960 KNOW ALL MEN BY THESE PRESENTS: That J.C. EVANS CONSTRUCTION of the City of TRUING County of DAL AS , and State of TMXAS as PRINCIPAL, and United States Fidelity and Guaranty Company , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTONAME Texas T.Denton, TX as OWNER, in the penal sum of -THREE HUNDRED NINTY THOUSAND EIGHT HUNDRED 76201 TKME0 = and no/100--- Dollars ($ 390,826.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 4 day of JONR , 19--M, for the construction of BID # 1891 - MONCAYO-STUART , s• SANTm RY SEWER which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton county, State of Texas. Surety, for value received, 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 the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of r,,,,a 19 96 . J C Evans C stru tion Co , Inc United States Fidelity and Guaranty inci 1Company Surety p p y D auert, Senior Vice President J mes 0 Schnell Title Title Attorney —in —Fact Address: zonn n.t 1 0., V, ac' Inc ---� Address:%Pi s and Asso 1aYac T—,J g TX 75169 PO Box 2991 Austin, TX 78768 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Pitts and Associates, Inc PO Box 2291 Austin TX 78768 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB - 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S Bond #39668960 KNOW ALL MEN BY THESE PRESENTS: That J.c. EVANs cONsmoo TTON of the City of TRVTNa County of DENTON , and the State of mMxnG as principal, and united States Fidelity and Guaranty Company , authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of THREE HUNDRED NINTY THOUSAND EIGHT HUNDRED TWENTY SIX and no/100-- Dollars for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the _4 day of Tn 19 96 BID # 1891 - NONCAYO-STUART 15n SANITARY SEWER to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value received, 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 the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of June 19 96 J C Evans v Title IOU , Inc Senior Vice President Address: 3900 Valley View Irving, TX 75162 United States Fidelity and Guarant Oompany Surety ames 0'Schnell T e Attorney -in -Fact Address: %Pitts and Associates, Inc PO Box 2291 Austin, TX 78768 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: AAA0184D Rev. 07/28/94 PB - 4 THE STATE OF TEXAS MAINTENANCE BOND S COUNTY OF DENTON S Bond #39668960 KNOW ALL MEN BY THESE PRESENTS: That J.C. EVANS CONSTRUCTION as Principal, and United States Fidelity and Guaranty Company a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of_TRTRW NINE THOUSAND EIGHTY TWO and 60/700--------- Dollars ($ 39.082.60 ), ten (10$) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said J.C. EVANS CONSTRUCTION has this day entered into a written contract with the said City of Denton to build and construct BID #1391 - MON Ayo-STp RT l5^ SANTT RY which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such mhterials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said J C Evans Construction as Contractor and Principal, has caused these presents to be executed by J C. Evans Construction and the said Iinitad States Fidelity and Guaranty Company as surety, has caused these presents to be executed by its Attorney —in -Fact James 0 Schnell and the said Attorney -in -Fact has hereunto set is hand this zest day of T-, - , 19�. SURETY: Compa BY • (%✓n Attorney -in -Fact AAA0184D Rev. 07/28/94 Vice President MB - 2 1354876 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF DATTORNEY% U S F+CY NO. KNOW ALL I'vffi'7 EY Tt�SE PRESENTS ThU UNITED STATES FIDELtrY AND GUARANTY COMPANY, a corporation organized and annuag under the lawn of the S of Maryland and having its principal office at the City of Exhumes, to the State of Maryland, does hereby anatilule and appoint William HPitts, Jr., Norman P. Rolling, John W Wagner, James 0. Schnell and Rose Marie Boriskie of the cdy of Austin Swat of Texas to than sod lawful Attorney(a}m Fact etch in their separate capacity if mom than one is named above, to sags its name an surxy to, and to execute, sex and acknowledge any and all lands, uodeealuags, contracts and other wnttan nshumeuts in the Datum thereof on behalf of the Company in Its busieeu of guaraw eiog the fidelity of perone, Summoning the performonee of contracts, sod associates or guwo alms hoods and undermiongs required or pesmiWd m any actions orprossethmgs allowed by law In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY but caused this metronome to be ended with its arporale net. duty attested by the sigm came of its Seam Via Proadex and Assistant Seomiay, this 6th day of August AD 1993 e STATE OF MARYLAND) UNITED STATES FIDEL17Y AND GUARANTY COMPANY (Signed) By Jb Se nior Vice President (Signed) By /l/1 SS BALTIMORE CITY ) On due 6th by of August Senor Via President ofthe UNITED STATESMELITY SecmWy of sad Compedy, with both of whom I am Form, Lamendola I and Paul D. Si the and UNITED STATES FIDELITY AND Opdhy� each knew the seat of sad corpowmo, that the of and corporation, and that tboy aped th sir Mycamuii"mimeslhe lit ,AD 19 who being ,the 9acMatY o�s3`obert J Lamendola ANY and Paul D Sims ,Awstant byp�t� duly swum,:& that they, We seat Robert J i�am�fe ngiecuwly h 8i3r Via Preadem and the Asrirtaot Smmtary of a damnbed m and and tbelongaeg Power of Attorney. tbu they rat such ary_ogfq that it was an affixed by order of the Bond of Directors e Pngdan 16wom secretary, iespecuvely, of the Company j nerve (Signed) QcFVY "IRP. J fat -V r— 'w10 O NOTARY PUBLIC This PO war pf Atlornay is granted under and by the foEowmg Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 2 2 RESOLVED, that in connection with the fidelity and way insurance business of the Company, all bonds, uodenakiogs, comment and other tesuumeou misting to and business may be signed, executed, and acknowledged by persons or canine appointed as Attomey(s).m•Fut pursuant to a Power of Attorney issued in accordance with them iPsolutioma Said Powers) of Attorney for and a behalf of The Company may and aball be executed to the nude and on behalf of the Company Other by the Clo mias. or the President or an Executive Vice President, or a Senior Vice President, or a Via President or an Assistant Via Pr adou4 jointly with the Secretaryor m Assistant gecmtary, under then nqw d" designations The sigeatum of such officers maybe engraved, Fussed or lithographed The sissatum of euh of the foregoing offigorn and the goal of the Company may be affixed by fusunle to any Power of Attorney or to any certificate fishing thereto appombog Attomay(s)•on Fact for purposes only of executing and attesting bonds and undertakings and other wnbnge obligatory in the ont= thereof, and, unless subsequently revoked and subject to any limitations set forth themm, any web Power of Attorney or cemificas beanng such fu mude ageaurs or fa m uls real shall be valid and bmdtog upon the Comany and any such power an assumed and cemfied by such fustmule signatum and fusimde mat shall be valid and binding upon the Company with respect to my bondor undanaldng to which it is validly attached RESOLVED, that Attomey(s).m-Fact shall have the power and wthonty, mica subsequently revoked and, in my cam, subject to the terms and lusutations of the Power of Attorney issued to them, to emcuto and deliver on behalf of the Company and to attach the goal of the Coilpany to any and an bonds and undertakings, AM other wnungs obligatory in the secure thereof and any such instrument executed by such Altomey(s)•m Fur shell be an loading upon the Company as if signed by a Executive Officer and axed ad maNd to by the Secretary of 16 Company L Paul D. Sims , an Assistant Samtary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby artofy that the foregoing is a time smarts hom the Resolution of the and Company as adopted by its Board of Directon on September 24, 1992 and that this Resolution is in full force and affect. L the undamped Aammat Summary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is on Boll form and effect and has not beau revoked In estimony WheesoC I bey a berwoto ad my band and the seal of t STATES FIDELITY AND GUARANTY COMPANY on this W-14 of V ionsmuw i jggg � Assistant Secretary aMt FS 3 (10-92) 1 toUS FA I'ISJB'1C USF&G INSURANCE IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P 0 Box 149104 Austin, Texas 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first If the dispute Ls not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document } iv hb<e " e�L<}��- �i5 �L`e{° (� ��''y,r s'» ,I°ttL 1G�I !'Y ..i'd`$ ' 06/20/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE PITTS ROLLING SCHNELL DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AND WAGNER P O BOX 2291 POLICHUIRELOW COMPANIES AFFORDING COVERAGE COMPANY AUSTIN TEXAS 78768 A St Paul Guardian Ins INSURED COMPANY I C Evans Construction Co B COMPANY Inc eml C. P 0 Box 9647 COMPANY Anson TX 78766 D 0 , " 2 L!YJt - Ei77ge, 7sM`,K777 ` 1 t.• & & S �r 9� < 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 BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS T LR TYPE OF INSURANCE POLICY NUMBER POLICY EFF DATE(MM/DDNY) POLICY EXP DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE A COMM GENERAL LIABILITY CLAIMS MADE ®OCCUR KK09100198 10/01/95 10/01/96 PROD�COMP/OP ACC £ PERS At ADV INJURY EACH OCCURRENCE 1000000 OWNER'S & CONTRACT'S PROT x FIRE DAMAGEIOae AW Aggregate Limit ap lies Per Prnlppt- MED EXP(Anr one F .l AUTOMOBILE LIABILITY COMBINED SINGLE A ANY AUTO KK091001981 10/01/95 10/01/96 LIMIT IOpOQQQ X BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS IPer penonl X BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per er<:Eentl X PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY EA ACCIDENT OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE 10000000 AGGREGATE 10000000 A Foam KK09100198 10/01/95 10/01/96 NUMBRELLA OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS p EMPLOYERS' LIABILITY WVA9I04627 10101/95 10/01/96 EACH ACCIDENT 500000 DISEASE POLICY LIMIT 500000 TIM PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL DISEASE EACHEMPL 500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIA L ITEMS RE BID #1819 MONCAYO STUART 15" SANITARY SEWER e*e•*• SEE ATTACHMENT FOR ADDITIONAL INSURANCE REQUIREMENTS "•••'• I > c '£ be SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENTON EXPIRATION DATE THEREOF THE ISSUING COMPANY WILLZXKJE = MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 901 B TEXAS ST LEFT 3[UXDmnncKNDmBMMCXKONnR DENTON TX 76201 11wimmium AUTHORIZED REPRESENTATIVE �� CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS SHALL BE ADDITIONAL INSURED ATIMA IN REGARD TO THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, & UMBRELLA LIABILITY POLICIES COVERAGE AFFORDED THE CERTIFICATE HOLDER SHALL BE PRIMARY WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS IN REGARD TO THE WORKERS COMPENSATION INSURANCE 2- 40 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the Insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as Indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prjor 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 IMvmwd 10124194 CI-1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim Is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to provide thirty(3O) days prior written notice of cancellation, non -renewal or reduction in coverage • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that Includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AAA00350 RwWwW 10/24/94 Cl-2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained In compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [XI A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form 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 AAA00350 IMvhd 10/24/94 • 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. CI-3 Insurance Requirements Page 4 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than 500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [XI Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC). 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 AAM0350 Rw ed 10/24/94 CI-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. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability Insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AAA00350 P � ed 10124194 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [XI Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or 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 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. AAAW360 Rl ed 10/24/94 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 and of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity. (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, Informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAAM350 ilwieed 10/24/94 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 401.011(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 and 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 AAAW3150 Remed 10/24/94 Cl-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 Revned 10/24/94 CI-9 Stuart Road 15" Sanitary Sewer WORK DAYS U BID NO. 16 �j I�� PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 6" Sanitary Sewer 28 LF $ , Unit Price in Worde: 4Ccry G.v6 2.12-B 8" Sanitary Sewer 42 LF $ S o ' , Unit Price in Words: Y'FTY 2.12-C 15" Sanitary Sewer 2,369 LF $ (0�� /LF yze/'low Unit Price in Words: 2.12-D 12" C-900 Sanitary Sewer 27 LF $ /LF Unit Price in Words: Gr� WS-13.A 4" Sewer Service 3 EA S yoo'/EA S ?-00 Unit Price in Worde: f� WS-13.B 6" Sewer Service 1 EA �O .0/EA h S f(r6 w Unit Price in Words: / 4:�"Ir—rr WS-13.0 4" Sanitary Sewer Service Tie -In 20 EA /EA $ GS�ODM Unit Price in Words: 7.6.A-1 5' Drop Manhole 5 EA /EA S /75'4940' Unit Price in Words: 7.6.A-2 5' Manhole 3 EA $ ?/Opp"/EA $ �pppf Unit Price in Words: //we6d T�u3A.J0 SP-40 Cut and Plug Sanitary Sewer 2 EA $ /�pv0~ /EA $ o00 ~ Unit Price in Words: SP-8 Abandon Manhole 4 EA $ i00 r /EA $ /zoo ~ Unit Price in Words: INwird- /v4,_*aRW P - 3 WORK DAYS 50 BID NO. 1 891 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY OMIT UNIT PRICE TOTAL 3.B Remove Concrete Curb and Gutter 63 LF $ S /LF S Unit Price in Words: j,/yf 3.A Remove Concrete Pavement 24 SY $ /0 W /BY $ Z Y� « Unit Price in Words: /2tj 8.2 Concrete Curb and Gutter 63 LF $ Zo " /LF $ 4z 6 0 Unit Price in Words: %r�d,v fr 8.3 6" Concrete Driveway 24 SY s 4/0 a /By $ Unit Price in Words: SP-37 Excavation Protection 2,466 LF $ 3 vo /LF $ ?,3-j('�o Unit Price in Words: SP-41 Asphalt Saw Cut 6,270 LF /LF i Unit Price in Words: SP-4 Lower Waterline 3 8A Unit Price in Words: /✓ir./d7r4fM 141wj0aw LiOn AX SP-42 Special Ultra Rib Adaptor 1 EA $ SS `�/EA $ SSA Unit Price in Words: FF r r "'51✓d WS-27 I Remove Manhole 5 EA $ SOO�� /EA S �S-W00 Unit Price in Worde: vd Alw-o pc dX> 3.10.7 Rydromulch 120 SY S / /BY Unit Price in Words: QNJ 3.9 Sod 30 BY $ 3 "� /By $ �p r Unit Price in Words: 7 t,� J J P - 4 3 Z i_ WORK DAYS10 BID NO. 1891 PO NO. HID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT =I% PRICE TOTAL 1.21 Contractors Warranties and Understandings - LS $ S�!' /LS Unit Price in Words: SP-10 Rock Excavation 2,463 CY S ; /CY i Unit Price in Words: %/1f4dd 3.1 Preparation of Right -of- Way - LS $ s��o'' /LS i Unit Price in Words: 8.1 Barricades, Warning Signs and Detours - LS $ S '�/LS S Saeo� Unit Price in Words: �j NOasAOp SP-39 Project Signs 1 EA $ JUd r /EA $ Unit Price in Words: SP-2 Concrete Saw Cut 8 LF $ y pO /LF $ .7 Z " Unit Price in Words: rV14OL Materials and Labor Incor orated into Project $ 9/ SDO Other $ 3 0? Total $ Z 3 Z, n? P - 5 Moncavo 15" Sanitary Sewer WORK DAYS 30 BID NO 1 891 PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT I UNIT PRICB L TOTAL 2 12-C 15" Sanitary Sewer 1,371 LF $ S2.+/LF $ 7/,292 Unit Price in Words f�ii�rY T✓o 2 12-B 8" Sanitary Sewer 50 LF $ SOS /LF $ ZSaer Unit Price in Words 2 12-A 6" Sanitary Sewer 10 LF $ q7 r /LF $ q70 `' Unit Price in Words ,Tarr Sf�Ja 6 4 20" Bore and Grout 160 LF $ ��j9,'/LF $�/YyV0 Unit Price in Words OA-0J IJ*,avaW AJI*J4r" A'b"-'J SP-40 Cut and Plug Existing Sanitary Sewer 5 EA $ /OVO-/EA $ Unit Price in Words dwcr c- 7 6 A-2 5' Concrete Manhole 3 EA $ 7oo0^/EA $ Unit Price in Words *mdr 4,20 7 6 A-1 5' Drop Manhole 5 EA' $ 3 Cpp /EA $ �7 Apo f Unit Price in Wordsp.� / r ri�J /a,,,✓ORTIfu WS-30 Break into Existing Manhole 1 EA $ S-O,-/EA $ COP-'_ Unit Price in Words✓6 kc,✓OR-J,� SP-8 Abandon Manhole 2 EA $ 700'/EA $ (.00 Unit Price in Words IdRS6 ( 00-JD4dI: WS-27 Remove Manhole 3 EA $ q00' /EA $ /Zpo*o Unit Price in Words 7 6 B Rebuild Manhole 1 EA $ ;pWr/EA $ 3�000J Unit Price in words add u.S A•-sD WORK DAYS 49 BID NO. 1891 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNITT PRICE UNIT TOTAL 3.H Remove Curb and Gutter 8 LF $ J /LF $ too Unit Price in words: n vd 8.2 Concrete Curb and Gutter 8 LF $ zo n /LF $ Unit Price in words: SP-2 Concrete Saw Cut 4 LF $ y-• /LF Unit Price in Words: foci SP-37 Excavation Protection 1,247 LF $ 3 `' /IF $ 3171// •' Unit Price in Words:�� SP-10 Rock Excavation 620 CY S Z ~ /CY $ / O�{0 �• Unit Price in Words: T,✓O 3.10.7 Hydromulch 1,364 BY $ '� /BY $ /"3G y Unit Price in Words: 40AJIf SP-41 Asphalt Saw Cut 36 IF $ / /LF $ 3 G "' Unit Price in Words: Did 2.24 Gabion Mattress 32 SY S /Zp� /By $ jf(r/O Unit Price in Words: 0a6 Muop'L'a> ✓ac-ir %' 1.21 Contractors Warranties and Understandings - LS S Z SUU.0/LS f $ Unit Price in Worde: f-ry r 4"c>&dq 8.1 Barricades, Warning Signs and Detours - LS $ LS Unit Price in Words: 3.1 Preparation of Right -of- Y - LS S ,r o00/LS S (oao+ Unit Price in Words: OA.19 P - 7 WORK DAYS 30 BID NO. 1 R 9 1 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-39 Project signs 1 EA $ 300 f /EA S 300 Unit Price in Words: % Jar IdI 3.12 Temporary Erosion Control - LS S sqp + /LS $ Soo Unit Price in Words: Fvd TOTAL $ P — 8 TOTAL BID PRICE IN WORDS 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. J C EVANS CONSTRUCTION CO, INC. CON CT R BY 39Doy0dle�J Street Addres : 24)i� �E CAS City and State Seal & Authorization 1 I a S D� �� (If a Corporation) Telephone B - 1 Project Work Days Bid Stuart Road 15" Sanitary Sewer 5o $ Z 3ZY M ~ Moncayo 1511 Sanitary Sewer 30 $ /S' z 9J * Total so g 7901 trzG " * Award of the bid will be based on the total bid price. The two Projects are being separated out for bookkeeping purposes only. There will be a total of So work days allotted for both projects. Work days will not be kept separately, however, if the Stuart Road line is worked first, it shall be substantially complete before moving to Moncayo so the street may be repaired in a timely manner. 44>0r,J0NW% Zt / [&vA B - 2