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
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Exhibit II (1 of 2 )
Moncayo Road
15 " Sanitary Sewer
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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