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HomeMy WebLinkAbout1995-002ORDINANCE NO. 5-000: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1700 ALL JAGOE PUBLIC CONSTRUCTION CO. $762,858.72 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and roval. PASSED AND APPROVED this day of , 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY i DATE: JANUARY 3, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1700 - JIM CHRISTAL ROAD PAVING AND DRAINAGE PHASE II RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoe Public Construction Co. in the amount of $762,858.72. SUMMARY: This bid is for the paving and drainage improvements on Jim Christal Road, north of the Airport, from approximately Masch Branch Road, East to approximately the intersection with I35 at Scripture and West Oak. The bid includes all materials, labor and equipment for completion of the project. Some of the major items include 22,417 cu.yd. unclassified excavation, 27,655 sq. yd. asphalt pavement, approximately 300' of box culvert and approximately 500' of concrete cylinder pipe. BACKGROUND: Tabulation Sheet, Memorandum from David Salman, Senior Civil Engineer. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Engineering Department, Citizens of Denton. FISCAL IMPACT: This project will be funded from 1994-95 budget funds and reimbursed by Denton County as payments are made. espectf . ully ubmitte t oyd V ffirFiQl-I City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 561.AGENDA 0 2 / o Qn .:. ■ \ <i � <¥ z r \ # wQ t q Rm k i� § > z q C Z 20 Q $ z m Z O n a. z(D LLI > k K ■ x / FEFE E_ o k o E & c CO m w k 3 a w O w w /w 2 p o % z zLU . a o CL m m 0 % - CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E. MCKINNEY • DFNTnN TFxa.c 7R9n, (817) 566-8200 • DFW METRO 434-2529 MEMORANDUM DATE: December 16, 1994 TO: Tom Shaw, Purchasing Agent FROM: David Salmon, Senior Civil Engineer SUBJECT: Jim Christal Road Bid (#1700) Bids for Jim Christal Road paving and drainage Phase II were opened on Thursday, December 15th, 1994. The low bidder was Jagoe Public with a bid of $762,858.72. We have checked the bids for correctness and have found all bids correct. Our construction estimate was $852,098.00, so the bid is very reasonable. Jagoe Public has completed numerous paving projects for the City of denton in the past with positive results. I recommend that the City of Denton accept Jagoe Public's bid and that it be forwarded to City Council for their January 3, 1995 meeting. David Salmon AEE00499 "Dedicated to Quality Service" DENTON COUNTY FAX COVER SHEET DATE: PLEASE DELIVER TO. DESTINATION FAX # 5 NAME: DEFT: U611V ozz&G ADDRESS: cc r PHONE: SENT FROM FAX # (817) 565-5620 SENT BY: PHONE: (817) 565-8689 NUMBER OF PAGES, INCLUDING COVER SHEET N IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE ORIGINATOR AS SOON AS POSSIBLE. THANK YOU. DENTON COUNTY GOVERNMENT CENTER 306 N. LOOP 288 DENTON, TX 76201 TO(J 1,gn'nN 9cFn49g11nn - qw')r-lRn� an i pn �iNnm NniN-zin ��:RT CC/QR/Tn ~ J946 r DEPARTMENT OF PUBLIC WORKS December 28, 1994 Jerry Clark, P.E. City of Denton Municipal Building 215 E. McKinney Denton, TX 76201 RE: JIM CHRISTAL ROAD PROJECT 1991 DENTON COUNTY ROAD AND BRIDGE PROGRAM Dear Mr. Clark: The Department of Public Works has received your letter dated December 21, 1994 concerning the Jim Christal Paving and Drainage Improvement Project. Please allow this letter to serve as notice of our concurrence with your recommendation for the award of a construction contract to the Jagoe - Public Company for an amount of $762,858.72. As outlined in the City/County Interlocal Agreement, Denton County will reimburse the City of Denton for the work under this construction contract based on appropriate documentation delivered to the Denton County Auditor. This documentation should include receipts of payments to the Jagoe - Public Company. We are pleased that construction will soon begin on this important project and look forward to working with the City of Denton towards an expeditious completion. If there are any specific questions during the course of construction, please call. ySi/nl 99 Project Manager xc: Commissioners Court Michael A. Jones, P.E., Director of Public Works Jack Wagner, Assistant Director of Public Works - Centralized Road and Bridge ckhriAw 306 N. Loop 288, Suite 115 Denton, Texan 76201-4818 Admidstradon (817) 56546891Ceneral&ed Road & Bridge (817) 565,869 0 Public Faclii affiperadow (817) 365-5551/Map do Plat (817) 365-8624 WAITS 14M346-31891Faz (817) 565-5620 Fnfl 1,qn 'nw CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3 day of JANUARY THE CITY OF DENTON A.D., 1995 , by and between of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC CONSTRUCTION CO. 3020 FTWORTH DRIVE / P.O. BOX 250 DENTON TEXAS 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: in the amount of $762 858 72 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: �rin�� i �T> .PEE%��GCIiL ATTEST: APPROVED AS TO FORM: City Attorney AAA0184D Rev. 07/2B/94 CA - 3 0 CITY OF DENTON JAGOE PUBLIC CONSTRUCTION CO_ CONTRACTOR P.O. BOX 260 • \ • \ • • MAILING ADDRESS PHONE NUMBER - q7.32 FAX BY j V Ll 1rLLt--J' TITLE/�/-� PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC turn_ , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and SEABOARD SURETY 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 DENTON as OWNER, in the penal sum of GFyEN urnmuFn srxmv Two THoUsANn F.Tc.HT HUNDRED FIFTY EIGHT and 72/100---- Dollars ($ 762,858.72 ) 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 3 day of JANUARY , 19 _E5_, for the construction Of BID # 1700 -JIM CHRISTAL ROAD PAVING 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 3rd day of January , 199_. JAGOE-PUBLIC CONSTRUCTION CO. Principa ' B Title V - ► ►' C.-( — Address: P. 0. Box 250 Denton, Texas 76202 (SEAL) SEABOARD SURETY COMPANY_ Surety Title Rosemary Weaver, Attorney -in -Fact Address: Burnt Mills Road & Route 206 Bedminster, New Jersey 07921 (SEAL) The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas 5420 LBJ Freeway Suite 1400 Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB — 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC CONSTRUCTION CO. of the City of DENTON County of DENTON , and the State of TEXAS , as principal, and SEABOARD SURETY 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 FIFTY EIGHT and 72/100 SEVEN HUNDRED SIXTY TWO THOUSAND EIGHT HUNDRED Dollars ($ 762,858.72 ) 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 3 day of JANUARY 19 95 BID # 1700 - JIM CHRISTAL ROAD PAVING AND DRAINAGE PHASE II 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 signed and sealed this instrumen Principal Address: P. 0. Box 250 Denton, Texas 76202 (SEAL) t said Principal and Surety have this 3rd day of January SEABOARD SURETY COMPANY Surety Title Rosemary Weaver, Attorney -in -Fact Address:Burnt Mills Road & Route 206 Bedminster, New Jersey 07921 (SEAL) The name and address of the Resident Agent of Surety is: Willis Cnrrnon Corporation of Texas 5420 LBJ Freeway, Suite 1400, Dallas, Texas 72540-2652 AAA0184D Rev. 07/28/94 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That iAGoE PiiBT-Tr CONSTRUCTION Co. as Principal, and SEABOARD SURETY 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 SEVENTY SIX THOUSAND Two HUNDRED FIGHTY FIVE. and 871100 Dollars ($ 76,285.87 ), 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 JAGOE PUBLIC CONSTRUCTION CO. has this day entered into a written contract with the said City of Denton to build and construct BID # 1700 - JIM CHRISTAL ROAD PAVING AND DRAINAGE PHASE II 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 materials 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 day's 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 JAGOE-PUBLIC CONSTRUCTION CO. as Contractor and Principal, has caused these presents to be executed by and the said SEABOARD SURETY COMPANY as surety, has caused these presents to be executed by its Attorney -in -Fact Rosemary Weaver and the said Attorney -in -Fact has hereunto set his hand this 3rd day of January 19 95 SURETY: SEABOARD SURETY COMPANY BY: �D12G Le Rosemary Weav L Attorney -in -Fact AAA0184D Rev. 07/28/94 PRINCIPAL: JAGOE-� BLI CONST �7CTION CO. MB - 2 eft _-m____ Certified Copy SIMU �_AW No. 11956 ADIvUNiSI PATINE 4FFiOES, E3EDMiNSTER, HEW JERSEY RQUIfE Fl QF i�1T4RNFi KNOW ALL MEN BY THESE PRESENTS: -That SEABOARD SURETY CE3MPANXa corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint John-R. Stockton or Rosemary Weaver or L. Ray Pitts, Jr. - or Beverly Hayes of Dallas, Texas its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf Insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1 "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice -President ore Resident Vice -President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice -President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ... 28th._-.-_ day of .....-dantta y........ -- . 19.94-- SO', SU RF)YAttest: SEAR RD URETY COMPANY, - BtW`t (Seal) ------ -- �-�) y IV A -- ..... sistant Secr ...-- STATE OF NEW JERSEY Vice President ss.: COUNTY OF SOMERSET On this ------ 2-8th -------------- day of.----.---Jax1UdX.y ............................----..--.-.---..---............. , 19.94...... before me personally appeared .._ ......... Rl chael--B.---Keegan --- --- .........---- - .... ......... a Vice -President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ..D7p..1pxcy_...__ that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such l; corporate sea that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto Lichc President l; said Company by like authority. BELINDA FAYE LEE W.� A r,r rf NOTARY PUSUC OF NEW JERSEY / (Seal) NotARY ; My Coffwnission Expires Sept. 9,1998 ------------- _..... .. ...-.. i rustic., hW Notary Public �P CERTIFICATE I, theuF E`N ned Assistant secretary of SEABOARD SURETY COMPANY do hereby certify that the original Powerof Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice -President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, Section 1, of the By -Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section 1, of the By -Laws appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHE13EOF, 1 h�ave hereunto set my h d�alfixedorporate seal of a Company to these presents this .......«�""------------- -- day Df---------(�...................... 19... ."fir•--T--..�L-.... � .. - a - -........ry °vREW � Assistant Secrets Form 957(Rev 7/84) 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, TX 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 COMPANY FIRST. IF THE DISPUTE IS 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. 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 prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, it so noted: 0 Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A . • Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its AAA00350 REVISED 08/02/93 Cl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or lega► 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 o iginating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AAA00350 REVISED 08/02/93 CI - 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 coverages. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AAA00350 REVISED 08/02/93 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. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). (] Owner's and Contractor's Protectivl- 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 AAA02A9C 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. [ l 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. [ l 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. ( l 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. (l 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 specificatians. AAA02A9C CI-5 Insurance Requirements Page 6 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01 1(44) for all employees of the contractor providing services on the project, for the duration of the project. AAA02A9C CI-6 Insurance Requirements Page 7 C. The -Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified 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. AAA00350 REVISED 10/12/94 CI 7 Insurance Requirements Page 8 The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01 1(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to 'the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and AAA00350 REVISED 10/12/94 L�.1 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. AAA00350 REVISED 10/12/94 CI 9 Jim Christal Road Paving & Drainage WORK DAYS 80 BID NO. 1700 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 5 . 8-A 6" Concrete Pavement 31 SY $ / V ()/SY $ � G 7l Unit Price in Words: 3-B Remove Concrete Curb 33 LF $ CO /LF $ Unit Price in Words: A� O 7.4. 5 Class A Concrete 64 CY $ -7 _ L,'/CY $ r- 70 G'/-i i Unit Price in Words: __ } '_T �1 SC mac; �� .�;� ,ors 3.3 Unclassified Excavation 22,417 CY $ /CY $75 , 7 Unit Price in Words: { 4.6-B isubgraria- 6" Li-e Treatment of 29,288 SY $ S G /SY $ O 7 /L Unit Price in Words: 4.6-A Type A Hydrated Lime 396 Ton $- pC /Ton $ c, Slurry � Unit Price in Words: J 8.11 Metal Beam Guard Rail 578 LF $ 5C /LF $� ' Unit Price in Words: (( t7 ✓ T 5.7-A 2" Asphalt Pavement (Type 1A) 28,654 SY $� g /SY L $� 5 �- 2 5z3, - Unit Price in Words: 5.7-B 4 1/2" Asphalt Pavement I(Type 27,655 SY A) Unit Price in Words: 1�t V�s 5.7-C 1 1/2" Asphalt Pavement I(Type 27,655 SY $ /SY $ 7 D) Jr L �, Unit Price in Words: Type D Asphalt Patch 10 Ton $ �./TonMaterial PUnit Price in Words: I- /' (1i , C7/- `II: P - 3 Jim Christal Road Paving & Drainage WORK DAYS 80 BID NO. 1700 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-45 Clean Out Existing 24" 4 EA $ _ /EA $ RCP r — coo Unit Price in Words: 8.14-A 4 Strand Barbed Wire 5,650 LF $ O /LF $ cc Fence Unit Price in Words: 4.5 6" Flex Base 140 SY $ Unit Price in Words: / SP-46 Soil Retention Blanket 22,641 PyT f OC /SY 2 Z in / Unit Price Words: 51,666 SY$kc/SYit PESeedinq Price in Words: G` v 7 1 �s 8.15-A Concrete Rip Rap 44 Sy Is pv/SY $ J/ _ Unit Price in Words: '1 SE.0C,r(7L iJe ��ol cars 8.15-B Grouted Rock Rip Rap 300 CY $ /CY - 2 / �o (Type A) G Unit Price in Words: SP-3 Reinforcing Steel 10,123 LB $ /LB 3 G Unit Price in Words: 2.1').3-A 18" Class IV RCP 458 LF $ 00 /LF $ C� C/ Zti /f Unit Price in Words: / LA) v17 D( a r 5 2.12.3-B 24" Class IV RCP 68 LF $_ c /LF $ cC' Unit Price in Words: l 2.12.3-C 10' x 7' Precast, Direct 160 LF $ �,��F 7 $ l5- Drive Box Culvert 3 � — � ;C .� Unit Price in Words: %-�Cl Jim Christal Road Paving & Drainage WORK DAYS 80 BID NO. 1700 PO NO. BID TABULATION SHEET ITEM I DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12.3-D 10' x 5' Precast, Direct 128 LF $ /LF $ Drive Box Culvert cG 'c _ Unit Price in Words: / (( 2.12.3-E 15" Class IV RCP 35 LF' /LF c $ pO Unit Price in Words: 1 O 3.7 Compacted Fill 552 CY $ C>o /CY $ a0 Unit Price in Words: _ 1 �' SP-2 Concrete Saw Cut 53 LF $5 /LF $ Unit Price in Words: / F, ✓ � �! E o a vr5 SP-44.A Remove 18" CMP 1 EA $ $ O `,/EA O c Unit Price in Words: / SP-44.B Remove 48" CMP 2 EA $ 2 /EA $ c 3u� Unit Price in Words: ! lots 1rG�'. wVtc/�E.� SP-44.0 Remove 12" RCP 3 EA J$ ��/EA $ / oc 300 Unit Price in Words: �it / �CCY L V-1 a SP-44.D Remove 18" RCP 4 EA $ �,: /EA $ o� / PCB OO Unit Price in Words: I J I Gv'� Yl �r v().c SP-44.E Remove 30" RCP 1 EA $ $ C� 2CCc-"/FA z C C' Unit Price in Words: I — SP-44.F Remove Concrete Bridge 1 EA $ yt/EA $ w/Headwalls DO- SOOc_ Unit Price in Words: \ %% -vC �'u e vi n re, o� SP-39 Project Signs 2 EA $ /EA �� 1r Unit Price in Words: p - 5 Jim Christal Road Paving& Drainage WORK DAYS 80 BID NO. 170— 0 PO NO. BID TABULATION _ SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE 1.21 Contractors Warranties TOTAL and Understanding LS $ /LS $ Unit Price in Words: - _ 3.1 _ Preparation of Right -of - Way LS Unit Price in Words: 8.1 Barricades, Warning Signs and Detours LS �3 , /LS $ Unit Price in Words: C 3.12 Temporary Erosion Control Unit Price in Words: ` SP-10 Rock Excavation 50 CY $ /CY $ Unit Price in Words: / SP-37 Excavation Protection 62 LF $ O � /LF $ Unit Price in Words: SP-47 Relocate Gate 1 EA $ /EA $ Unit Price in Words: / C. L ! �jy'T Total $ ( s SC, 7l P — 6 BID SUMMARY TOTAL BID PRICE IN WORDS i �J� ✓t /T ✓tdrEJ S x�i� G 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. ,_� lip- — CONTRACT R/ ^ i C U BY ;_ > j,( Satre Ad_lress� X 2 rJ r / U"! C"- 1"I -/�= „ 7:r 7 A. Z C Z - City and State Seal & Authorization rD ( I f a Corporation) �' / 7 / .3y Z- 0 ,5�1 Telephone E:�il C 1• , 1 1' 1 £�F i,, F�tt;s ♦iiE �,:� air �rlF -Ki )%b$>. t?�rx g�eri.�' bit<S tan li:Fl tSe��n Cvbt< tnk C;k ant to toy. .... Vi�cc,, :Cta�.l }1£�'Jf u1'x4 rE}sbt x by , x a`kb , t`r `fit gbysL . _Zt°�rai.i{tJ.TritF 2E.�fx i.a\���t Za ,S�st TTsy �t�bbgb�H}��,�E RCytt ��Yiitt b; tlk, S�Crt vtb iss t: (oz• .x ?C ti�•Q ti?L i:e .l. ..b.oxt ?iE.. Rt l;xN. <<Y...t i.3. i.L. .r v., CONMRS NO me c • 7ANTS'suspONK41 Ramey KbLhuumrL+a OMPANIES AFFORDING• C • r., r. Lgrtm w• OOWANY Bill Cheek • Box now' a r nr COWAW 311 nRS 18 TO CERTIFY THAT INDICATED, NOTWITHSTAN CERTIFICATE MAY BE 1881, TYPE Or NsL$tmcE A ? •:NenAL uAB�m X ? eoMUERcv�L olENeeAL I, a610 MADE OWNE" 6 CONTRA" POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED �1 0 T 1 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAC OR OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICI DE 3 OF SUCH POLICIES, LIMIT.. SHOWN MAY HAVE SEEN E iFOUCY NUMM POLICY i DATE ............: ........... ............... ......................................... i..........................., a YLSCIP$42K428•S 11T101/01 ALOY DCCUR MoT. I INSURED NAMED ABOVE FOR THE POLICY PERIOD HER DOCUMENT WITH RESPECT TO WHICH THIS 'USED HEREIN IS SUBJECT TO ALL THE TERMS, P XvY EXPWATION LRftS D,IIE : (1040 L AGOREGATE PROgVCT&COMP(pP A00. ......................... V. ................. PERSONAL 6 AOILkIR1' EACH OCCURRENCE �.FK DAMAGE W1Y ON 6e)..•. . ..................... .......... _.... NEO. EYPENSE (kD' aria Irnq ............1000G00 . A ^V�°"1°12= LMaLFF'1 YCAPUUK43" IGM1104 10/01106 COMBINED SOME .x ;ANY AMs 1 �. i ALL OIMIED AUTOS i GODLY HAM�ODITD E.....�."•.. ..., SCHEDULED AUTOS i Per perpn) ;t ;.....,..< ww I D N/f08 .... i .... i...................�....................................................... i aODLY "RY it NOH.OVMMO AUTOS .............................I........ .............................................. GARAGE UAaLm '• PROPERTY DAMAGE ........................................................................................................ •A `EYU:EIa LYJLIfY ;....... ..........................j..,.....................,.... Y$A1CUP84�K4ST�6 I..;...........�.............. 10/01/04 10J0110E ........,..:,::,...... ......................� ......... .. ! EACH OCCUI6MW i 1ODO 4... ; X EUMQIELIA FORrM ............. ............. ...... :...... ................o ..... .. .. AOpREGA t 11X10000 : TMAN UMBRELLA, ..:.. ........................ ...... ! .. ....: ... ....... � gki"r!i :.::,qs. r l: :fhfr' �i`'�N ;°j°, F :F.;k S{:r ,, '-r 3. 'c;,u•g, „"a ... 'si l <:<•i;. sY,,� * A: rr..r.: <;E1?'R.a.si.� 33„3 i WORIGOPa COMPBNSATIDN ..... ......... .... .. .. .. .. ... .... .....L: ... : .. ........ .Ffio..>ZrS a'� F .3rra3.:.?s°: ^CD'." ,VU. STATUTORY ULIRB.........i...,.ei�: A AND YEEU8842K4*3 10/01/64 I s t0101/03 i.. .,,•,., .................... EAGE ACCIDENT t 1000000 wIOYERB' LMSLMrY ' DiBEABE - POuCV LIMB ! 1O0p000 ...................................................... .....I............ OTW)i .......l................. I, i ... ... • . EMPLLOYEE 1t ..... 0 oEr.Ar.raii o... oPe+IATpNSAooA 1oLEaroPaCw. r1EM6 Bid 1700, Jim ChrlatO Road, kV & Dr•I,IIp• Phu* A ; City •f Denton as Additional "red City Of Dorton Altn: Tom Shaw $04 Tam Denton LS1!HO6W ANY OF THE' ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO SO DAYS TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE BUT FAILURE T MAIL SUCH NOTICE SHALL MPOSE NO OSUaATION OR"al ANY KIN UPON THE COMPANY, 1 AOENTg OR REPRESENTATIVE$. law PA A NE ION 20 '95 16:45 8172431050 PAGE.001