Loading...
HomeMy WebLinkAbout1990-1172651L-3/3689 ORDINANCE NO. 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 therefore; 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 1128 Sunmount Corp. $ 90,654.50 1132 Jagoe Public Construction Co. $ 359,544.35 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notifi- cation of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the f/" day of , 1990. 'OO&L aii& BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 DATE: August 21,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID#1128 - ALEXANDER DRAINAGE RECOMMENDATION: We recommend this bid be awarded to the only bidder, Sunmount Corp., in the amount of $90,654.50. SUMMARY: This bid is for construction of a drainage line for Alexander Street. Although Sunmount Corp, was the only bidder the Engineering Division is comfortable that the price of their bid is in line with other projects. BACKGROUND: Tabulation Sheet, Memorandum from Jerry Clark. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Community Development Block Grant and Drainage Interest Money. FISCAL IMPACT: Grant Funds Account #219-052-CD48-8502 #219-005-CD23-8502 #219-052-CD30-8502 #219-052-CD42-8502 Respectfully submitted: U Lt6yd V. Harrell City Manager Prepared by: Name: Denise Manning Title: Senior Buyer Approved: Name: ToK D. Shaw, C.P.M. Title: Purchasing Agent DM/j h 042.DOC --------------------------- o �c o 0) m o c ko -------------------------- 0 0 b �-3 n °yH ro � n t i z zO H 4 C W H H H N W CI) Y 01: G is (ON 199. SIP —8 Psi 4: 01 CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: August 8, 1990 TO: Tom Shaw, Purchasing Agent FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Alexander Drainage - Bid #1128 The Engineering Division has reviewed the bid submitted by Sunmount Corporation. The prices are reasonable although not excellent. We recommend that the alternate, with a total of �90,654.50, be awarded. The funds for the project will come from the Community Development Block Grant 478,000), and the remainder from drainage interest money ($12,600). Sunmount is an excellent contractor and will complete the work quickly. We recommend award so this crucial project can get underway at the earliest possible date. Jer 0 Clar 0904E C i •. CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 21 day of AUGUST A.D., 19 90, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and SUNKONT CORPORATION, BOX 1770, ROANOKE, TEXAS, 76262 Of the City of DENTON County of DENTON and State of TEXAS Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said. Party of agrees with the Second Part (CONTRACTOR) hereby the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID # 1128 - ALEXANDER STREET DRAINAGE - $90,654.50 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other .accessories and services necessary to complete the said construction, 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, blueprints, and other drawings and printed or CA-1 0114s written explanatory matter thereof, and the Specifications therefore, as Prepared by The City of Denton Engineering Staff gall of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS Independent Status t is mutually understood and nd .Contractor that Contractorisanindependent ecoo ractor and d by and betweshalllnot abe 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 claims and demands. such 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 herebyagrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: P F. ENTONTEAS a F'rst Par , OWNER LLOYD V. HARRELL CITY MANAGER (SEAL) SUNMOUNT CORPORATION Party of the Second Part, CONTRACTOR By Title C(�iQ(� (SEAL) ,:- :�" �,: APPROVED AS TO FORM; v Ci Attorney`�:..�, CA-3 0114s n PERFORIIANCE BOND STATE OF TEXAS )( COUNTY OF Denton )( KNOW ALL MEN BY THESE PRESENTS: , of the City of County of 2 A04 as PRINCIPAL, and and State of That , 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 ThP C;ro of Denton Texas as OWNER, in the penal sum of Nintv Thousand, Six Hundred Fifty Four and 50/100 Dollars ($_90.654.50 ) 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-- 21 day of August , 19 9q for the construction of which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. i 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; i i PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were'copied at length herein. PROVIDED FURTHER, that if any legal action be filed venue shall lie in County, State of Texas. upon this bond, 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of September 19 90 Principal By Title ) L GG Address Seaboard Surety Company Surety Title Atty-In-Fact Address 5750 Pineland Dr. 'Asu- 304 Dallas, Tx. 75231 MEAL)_ ✓a (SEAL) The'uame and address of the Resident Agent of Surety is: Frank Siddons Insurance Agency P. 0. Box 2125, Austin, Tx. 78768 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b of this Power of Attorney you may call, collect, 201-658-3500 and ask for the Power of Attorney clerk. Pledv%g0r* ftiehd4ttwer ned.individual(s).and details of the bond to which the Dower is attached. In New Vnrk nisi gt2.aqzseee 4 PAYNENT BOND STATE OF TEXAS )( COUNTY OF Denton )( KNOW ALL MEN BY THESE PRESENTS: That of the City of County of and State of p as principal, and authorized under the lds of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto The City of Denton OWNER, in the penal sum of Ninty Thousand Six Hundred Fifty Four and 50�00 Dollars ($ — 90.654.40 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 21 day of August — 19 90 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 prosection 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 Article'5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 tothe work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of September 1990 Seaboard Surety Company Principal Surety By Title /j Address 0 !a� /IMt&jrl 4i r- r(SEAL) ^ Tfie name n Z-1 0092b Title Atty-In-Fact Address 5750 Pineland Dr., Su 304 Dallas, Tx. 75231 s of the Resident Agent of Surety is: Frank Siddons Insurance (SEAL)aa c� QV a = 1 y P. 0. Box 2125, Austin, Tx. 78768 PB-4 MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF Denton )( ,l KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and ���� f���y��•��+n a Corporation authorized to do Dusinely 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 N• and 45/100 Dollars 9($ 06 45� 10% of the total amount of the contract for the payment of which sum —id principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Surmount Cor�Qration has this day entered into a written contract with the said City of Denton to build and construct Bid 11128 - Alexander Street Drainage (CDGB) $90 654 in 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 incorporatd 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 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. MB-1 0093b 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. furtherIt is agreed that sobligation continuing one against he PrincipalandSur ty nd thatsuccessiverecove ies emay 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 S'yh �idv� these presents to be executed by as Contractor and Princi and the said Seaboard Surety Company as surety, has caused these resent t b , nas p s o e executed by its Attorney -in -Fact Linda Couey and the said Attorney -in -Fact has hereunto set his hand This 4th day of September 1990 SURETY: BY Lir.3aSCou aAttorney-1 0093b Sure act MB-z PRINCIPAL: it enticity of this Power of Attorney you may call, collect, 201-658-3500 and ask for the Power of Attorney clerk. Pledsarte%P tBOWM*wer above named individual(s) and details of the band to which tha nnwnr m ott—h.A 1, nie.., , n;-, .,.., - I... V� CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE• Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities _to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 Certificate THIS CERTIFICATE DOES N ISSUED AS A MATTER R INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND;.,OR AL7ER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. - B_d__1128 - Alexander Street Drainage This is to Certify that � � - SUNalourrr`scoRPORATION po soX' 77o . _ MUT_LIBERTYUAL 6 Name and _ ROANOKE. TX 76262 . address of LJ -.Insured. is, at the issue date of this certificate, insured by the Company under the policy)ies) listetl below. The insurance afforded by the listed policy(ies) is subject to all then , terms, exclusions and contlitions and is not altered by any. requirement, term or condition of any contract or other document with respect to which this certificate may ` be issued. TYPE CERT. EXP. DATE' OF ❑CONTINUOUS POLICY - LIMIT POLICY ❑ExiENDeD NUMBER OF LIABILITY WORKERS' COMPENSATION LU Z UJ CDF JJ Gm CLAIMS MADE U Q ' W UJ gETgO DATE 0 In OCCURRENCE U SPECI"EXCL. . ENDORSEMENTS, H - ®OWNED o_ 7tp :FJ NON -OWNED QQ J KI HIRED ' I T LAW OF?HE FOLLOWING STATES Bodily Injury By Accident 5-30-91 WC2-611-004030-09 AL STATES EXCEPT 500,000 . WCL-611-DU4U30-OB Ea. Ace. , Botlily Inlury By Diseaze ME - S00,000 ' POI. Limit Botlilylnjury By'Disease - 500,000' ' Ea. Person General Aggregate - Other than Produ=Compleled Operations _ 2.000,000• 5-30-91 RC1-611-004030-10 Products/CompletedOperatiansAggregale 2.000,000 Badily Injury and Property Damage. Liability 2,006,000 - occurrence . - _ per Personal and Advertising Injury - - per person/ Other - organization CONTRACTUAL LIABILITY, BCD, INDEPENDENT CONTRACTORS/CONTRACTORS PROTECTIVE, BR0 FORM PROPERTY DAMAGE 5-30-91 AS1-611-004030-11 AS1-611-004030-13 The'City of.Denton is an additional insured.' O' uu EACH ACCIDENT - SINGLE EACH PERSON EACH ACCIDENT OR OCCURRENCE $ LIMIT- B.I. AND P.D. COMBINED EACH ACCIDENT OR OCCURRENCE ..,.I�r yr Lrrt HA I IONS & JOB #.(If Applicable) Eb DESCRIPTION OF OPERATIONSOVERS ALL WORK PERFORMED BY THE NAMED INSURED IN ,THE CONTINENTAL UNITED STATES 'It the certificate expiration daze is continuation o extended term, you will be notified If coverage is terminated or reduced before the certificate expiration date. However, ' - you will not be notified annually of the continuation of coverage. - _ _ NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE - THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 3U' - • - Liberty Mutual ' NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: DAYS Insurance Group The City'of Denton 215 E. McKinney NO LDIERAi� Denton, TX' 76201' AUTHORIZED REPRESENTATIVE _ ?. WALLINGFORD CT 9690 ISSUED - OFFICE This certificateis executed. by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by chose Companies /3 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000.00 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non -renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self -insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 GhKllrll./11t UV INbUNANUt CITY OF DENTON Name and Address of Agency Phone Name and Address of Insured: Phone City of Denton Reference: Project Name: Project No: Project Location: Managing Dept: Companies Affording Coverage: A 8 C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Expiration Limits of Liability affor Tvna nF Insoranra Pnliry Numher natp In Thnmsands I0001 Comprehensive General Liability Occurrence j - Occurrence - Claims Made (see #4-Page CI-4) Bodily Injury Broad form to Include: Property Damage j - Premises/Operations Bodily injury and Property Damage Combined i - Independent Contractors - Products/Completed Operations - Personal injury - Contractual Liability(see 93-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Page CI-4) - - - Broad Form Property Damage - ------------------------------- - - Professional Errors/omissions ------- ---- -- -------- --- - occurrence — claims made (see #4-Page CI-4) Comprehensive Automobile Liability Bodily Injury/Person Bodily Injury/Accident j j - Owned/Leased Automobiles ----------- ------- Property Damage ------- j - Non-ownedAutomobiles- - Hired Autonobiles --------------------------- Bodily Injury/Property --- Damage Combined $ - Workers' Compensation and Employers' Liability Statutory Amount S each accident - Owners' Protective Liability $ Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non -renewal, or material change in coverage. (See #2, Page CI-4). name and address of Certificate Holder. CITY OF DENTON, TEXAS ' PURCHASING AGENT 901-8 TEXAS ST. DENTON, TEXAS 76201 AUTHORIZED REPRESENTATIVE SEE DEFINITIONS ON PAGE CI-4 ATTACHED. DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non -renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City -owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 BID #l1 S PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF ALEXANDER STREET DRAINAGE (CDBG) IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth.. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. -It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set, forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. BID# 1128 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract, and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. I The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: �4 Alexander Street Drainage (Base Bid) BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT WORK DAYS 30 BID NO. 1128 PO NO. UNIT PRICE TOTAL Contractor's Warranties 1.21 and Understandings LS 3 S00-/LS 3,500 Oe 100 Oe .Mc o0 2.11.5 Inlet Frame and Cover 2 EA /EA _ zoo 2.12.24-A 24' RCP Storm Sewer 162 LF 0 30 —o /LF ee P 0 — 2.12.24-C 30' RCP Storm Sewer 1,126 LF 35'e/LF 39 */0'� 6' Ductile Iron 2.12.14-A Sanitary Sewer 18 LF 50 Qe/LF 900 �- 12' Ductile Iron 2.12.14-B SanitarySewer 18 LF 0 �� /LF / 080 — 2.12.20 6' PVC 10 LF 33 /LF 330 ce 3-A.1 Remove Concrete Pavement 25 SY .9 /BY Z0o ee Remove Concrete �� 3-B Curb and Gutter 109 LF ea Z — /LF Zl$ 3-C Remove Concrete Driveways 15 SY oe 8 /By ea /ZO — Preparation of ee 3.1 Right -of -Way LS /0 000%S 3.3 Unclassified Excavation 100 CY / eo/CY / 000 3.7 Compacted Fill 75 CY /0 /CY 7-0 3.10.7 H dromulch 1,875 SY / so /SY 2 Sl2 Type A Hydrated Lime 4.6-A Slurry 5 TON 7S'2 /TON 37S e_ Lime Treatment of 4.6-B Sub rade 370 SY 70— /BY 4 1/2' Asphalt Pavement 5.7-A.1 (Type A Base) 345 SY // — /SY 3 7y5 _ 1 1/2'Asphalt Pavement 5.7-A.2 (Type D) 345 SY `i— SY / 3 0 - 2' Asphalt Patch 5.7-D Material (Type D) 25 TON i`S /TON //Z5 �— 7.6.A-lb 12' Curb Inlet (Type V) 1 EA 7 50a /EA 2 5-00 7.6.A-3 8' Curb Inlet (Type VII) 1 EA eo Z Soo /EA ou -0 g00 / P - 3 Alexander Street Drainage (Base Bid) BID NO. 11V_28 _ PO NO. BID TABULATION SHEET nF7 AMMTTV TTNTT TIMTT PRICE TOTAL 11Ztn 7.6.A-4 5 x 8 Junction Box '--- -- 2 EA ZAUO°/EA $ Gdd �- 7.6.A-5 (Special) 5 x 8 Junction Box 2 EA 2800°-/EA SGao 8.1 Barricades, Warning and Detour signs LS Z 0-00'-*/LS Z 000 e. 8.2-A Concrete Curb and Gutter 72 LF /0 /LF 720 ° 8.3 6' Concrete Driveway 26 SY 30 /SY 790 8.15-A Concrete Rip -Rap 35 SY ZS22/SY 875 ° Sp-2 Concrete Saw Cut 113 LF oe 3- /LF O° 339 Sp-4 Lower Water Line 1 EA 30o0°/EA 3 000 - SP-10 Rock Excavation 50 CY 30 pO /CY /SUO SP-37 Excavation Protection 902 LF 00 S - /LF Si0 ° SP-39 Pro'ect Si ns 2 EA /EA SP-40 Miscellaneous Sprinkler system Ad'ustments LS 700 -/LS 70d TOTAL / �01a OG9 s / P - 4 0 Alexander Street Drainage (Alternate) WORK DAYS 25 BID NO. 1128 PO NO. BID TABULATION SHEET T TrM nRSrDTPrTQN QUANTITY UNIT UNIT PRICE TOTAL Contractor's Warranties 1.21 and Understandings LS 000-/LS 000 ' 2.11.5 Inlet Frame and Cover 2 EA /00 o-*/EA 2.12.3-A 21' RCP Storm Sewer 162 LF 3,? /LF 2.12.3-C 30' RCP Storm Sewer 352 LF 3(.4L. /LF /Z 672 so 2.12.3-C1 30. 6 to 1 Safety Ends 2 EA 00 G00 ' /EA 0_ / 206 2.12.3-D 36' RCP Storm Sewer 57 LF SD o, /LF 2 850 p` 6' Ductile Iron p0 p0 2.12.14-A Sanitary Sewer 18 LF SO - /LF 00 - 12' Ductile Iron 00 2.12.14-B Sanitary Sewer 54 LF 44 /LF 3 Z �i0 - 2.12.20 6' PVC 10 LF 33 e_ /LF 330 00 3-A.1 Remove Concrete Pavement 40 SY 2S 8 /SY 3ZO ' Remove Concrete00 3-B Curb and Gutter 109 LF. Z _o /LF Z18 — 3-C Remove Concrete Driveways 15 SY po $ _ /SY eo (ZO Preparation of ap o0 3.1 Right -of -Way LS /0000 -/LS 11,660 - 3.3 Unclassified Excavation 675 CY 0o $ _ /CY '55400 a' 3.7 - Compacted Fill 175 CY S /CY b75 o0 3.10.7 H dromulch 1,875 SY /,So /SY Z 8/Z sp Type A Hydrated Lime � po 4.6-A Slurry 5 TON 7S_/TON ,37.5 Lime Treatment of 2s b 4.6-B Sub Lade 370 SY 7 /SY Z S90 - 4 1/2' Asphalt Pavement Op oo 5.7-A.1 (Type A Base) 345 SY // — /SY 1 1/29Asphalt Pavement 5.7-A.2 (Type D) 345 SY �oo SY / 380--` 2' Asphalt Patch oe 5.7-D Material (Type D) 25 TON /TON / /2S- 7.4 Concrete Encasement 7 CY 266 /CY / 9100 00 7.6.A-lb 12' Curb Inlet (Type V) 1 EA Z-r-0opo %EA pe 2 Soo — 7.6.A-3 8' Curb Inlet (Type VII) 1 EA • ZPOo p_/EA 2 BOo p P - 5 Alexander Street Drainage (Alternate) n vnn unrw BID NO. 1128 PO NO. BID TABULATION SHEET nT1AMMTTV TINTT ❑NIT PRICE TOTAL 11'GPI 7.6.A-4 5 x 8 Junction Box 1 EA .280000/EA Z 90000 7.6.A-5 (Special) 5 x 8 Junction Box 2 EA Z $Oo %EA S" L00- 8.1 Barricades, Warning and Detour Signs LS 2 500 �-/LS ag Z .566 8.2-A Concrete Curb and Gutter 72 LF 00 p /LF 00 7Z 0 8.3 60 Concrete Driveway 26 SY 30 /SY 780 00 8.15-A Concrete Rip -Rap 57 SY 25/SY / 25' Sp-2 Concrete Saw Cut 113 LF 3 29 /LF 339 Sp-4 Lower Water Line 1 EA .3, 0 —/EA o0 3500 — SP-10 Rock Excavation 50 CY eo 30 /CY o. ! S00 — SP-37 SP-39 Excavation Protection Project Signs 572 2 LF EA 7� /LF ZSO /EA do do SOO SP-40 Miscellaneous Sprinkler S stem�Ad'ustments LS 700 /LS 700 TOTAL / So J BID# 1128 a ALEXANDER STREET DRAINAGE PROJECT BID SUMMARY 1. Base Bids - Smooth Interior Corrugated Polyethylene Storm Sewer Pipe Work Days 30 TOTAL PRICE $ /06,1 069 " 2. Alternate - Reinforced Concrete Storm Sewer Pipe with a natural channel from Wilson Street to the Channel. Work Days 35 TOTAL PRICE $ 90, (054' So Bid awarded shall be either Bid number 1 or Bid number 2. �1 BID# 1128 BID SUMMARY TOTAL BID PRICE IN WORDS O/I e . 11(1na4e4 S/ ��� Si1 V-f1i/IP G/011,5 Cane /411SL CCn71S 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 accepted, when fully completed the plans and specifications, Engineer. proposed -to be done shall be and finished in accordance with to the satisfaction of the The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR BY a_a a��—� Street Address z- City and State Seal & Authorization 5/7_A/, cJ9_Z7y/ (If a Corporation) Telephone B - 2 11 9 D-lZ g CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON H THIS AGREEMENT, made and entered into this 4 day of September A.D., 19 90, by and between The City of Denton of the County of Denton and State of Texas, acting through Tl�*d V H-well thereunto duly Party of the First Part, hereinafter termed the OWNER, and Larry_Manning, Inc. , 821 Rings Row, Denton, Texas 76201 authorized so to do, of the City of Denton , County of Denton and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH; That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID #1127 - CIP Sidewalk and US Highway 380 6 Carroll Blvd. Right Turn Lane in the amount of $134,351.60., for CIP sidewalk portion of bid only. 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 said construction, 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, blueprints, and other drawings and printed or CA-1 0114s written explanatory matter thereof, and the Specifications therefore, as prepared by Cirg nf Denton }nglnppring Staff, except that Contractor shall 9 only perform that portion of the bid -relating to CIP sidewalks for consideration. Init shown , all of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS 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. CA-2 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CA-3 Party of fie First Par (SEAL) r. Larry Manning Inc. Party of the Second Part, CONTRACTOR By /J(Jj Title (SEAL) 0114s PERFORMANCE BOND COUNTY OF DENTON )( BOND NO. TX468739 KNOW ALL MEN BY THESE PRESENTS: That Larry Manning Inc. of the City of Denton County of Denton , and State of Texas as PRINCIPAL, and Merchants Bonding Company (Mutual) 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 ppenal sum of One p„ndrPd Thirty Fnnr Thrn,gand ThrPP Hundred and Fifty 60/100 Qne and Dollars (t l-j4_-jsi_6n ) 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 September, 19 90, for the construction of BID #1127 - CIP Sidewalk and US Highway 380 6 Carroll Blvd. Right Turn Lane in the amount of $134,351.60 which contract is hereby referred to and made a dpart 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; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in no ram., 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this loth day of September , 19 90. LARRY MANNING, INC. Principal Address 821 Kings Row Denton, Texas 76201 MERCHANTS BONDING COMPANY (Mutual) Surety Pauline Lesch Title Attorney -in -Fact Address P. 0. Box 1150 Lewisville, Texas 75067 %S°AI ) ( SEAL) ^ems,zz - The nameFand address of the Resident Agent of Surety is: AGENCY, INC. 206 Elm Street, Suite 105, Lewisville, Texas 75057 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYMENT BOND STATE OF TEXAS )( COUNTY OF Denton )( KNOW ALL MEN BY THESE PRESENTS: BOND NO. TX468739 That Larry Manning Inc of the City of Denton , County of Denton and State of Texas as principal, and Merchants Bonding Co (Mutual) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto The City of Denton , OWNER, in the penal sum of _One Hundred Thirty Four Thousand Three Hundred Fifty One and 60/100 Dollars ($ 134,351.60 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 4 day of September 19 90 BID #1127 - CIP Sidewalk and US Highway 380 & Carroll Blvd. Right Turn Lane. 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 prosection 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 Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 10th day of September: 19 90 LARRY MANNING, INC. Principal By Title Address 821 Kings Row Denton, Texas 76201 MERCHANTS BONDING COMPANY (Mutual) Surety Pauline Lesch Title Attorney -in -Fact Address P. 0. Box 1150 Lewisville, Texas 75067 ( (SEAL) (SEAL) L' ' GYC 4Y The name and address of the Resident Agent of Surety is: PCL INSURANCE AGENCY, INC. 206 Elan Street, Suite 105, Lewisville, Texas 75057 PB-4 0092b i MAINTENAI•.'CE BOND STATE OF TEXAS )( BOLD NO. TX468739 COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and Merchant�Bnnd;ng Cn_ (Piutual) ft 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 Thirteen Thousand Four Hundred Thirty Five and 16/100 Dollars 13.435.16 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Larry Manning Inc. has this day entered into a written contract with the said City of Denton to build and construct BID 11127 — CIP Sidewalks and US Highway 380 S Carroll Blvd Right Turn Lane 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 incorporatd 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 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. 1�E-1 0093b 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 Larry Manning Inc. these resent as Contractor and Principal, has caused ps to be executed by and the said Merchants Bonding Company Mutual as surety, has caused these presents to be executed by its Pauline Lesch and the said Attorney -in -Fact this 10thday of September , 19 90 . SURETY: 0093b PRINCIPAL: HB-2 atrorney-in-Fact has hereunto set his hand LARRY MANNIiNG, INC. MERCHANTS BONDING COMPANY (Mutual) DES MOINES, IOWA DOWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa. and having its principal office in the City of Des Moines, County of Polk, State of Iowa. hath made, constituted and appointed, and does by these presents make, constitute and appoint Clem F. Lesch, Pauline Lesch or Don E. Cornell of - Lewisville and State of Texas its true and lawful Attorney -in -Fact, with full and authority hereby conferred in its name. place and stead. to sign, execute, acknowledge and deliver in its behalf as surety: power Any and all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2. SECTION 6A. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatorym the nature thereof. ARTICLE 2. SECTION 66. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company. and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and Executive Vice President, and its corporate seal to be hereto affixed. this lst day of January A.D. 199n Attest STATE OF IOWA C By MERCHANTS BONDING COMPANY (Mutual) \NG Cps•, • y�.ecuN1e9Pe PresrQ¢ OUNTY OF POLK sa b'• Q On this 1st day of January 1990 ,before me a ........ Rodney Bliss III, to me personally known, who being by me duly sworn did say that they are Vice President and Executive Vie Long Pr esident a dt respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal said Corporation by authority of its Board of Directors. affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of 4/ 4t4i- mce Prestlem In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines. Iowa the day and year first above written. •,,��G. BRV Yo•.•• 3 : IOWA m • OT'•......•' �P 9RiA%-S • • • • I. M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do heret foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said COMPANY (Mutual), which is still in force and effect. In Witness Whereof. I have hereunto set my hand and affixed the seal of the Company, at LewiSvil this 10th dayof September 19, 90 STATE OF IOWA COUNTY OF POLK Notary Pub1¢. PoIA Coumg Iowa My Commrsvon Expires •y tii3 This power of attorney expires December 31_,- 1990 , vb CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice .will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on All policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out.of any act or omi§bion of the Contractor or his agents, employees or subcontractors. CI - 1 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000.00 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non -renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self -insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed .and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by.the Owner. W CI - 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Denton Insurance center, Inc NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Drawer C COMPANIES AFFORDING COVERAGE Denton, Texas 76202 COMPANY A LETTER Houston General COMPANY LETTER B Houston General INSURED Larry Manning Inc. COMPANY C 821 Kings Row LETTER COMPA D Denton, Texas 76201 LETTERNY Houston General LETTERNY E HoustonGeneral L THIS IS TO CERTIFY THAT 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 ?--J BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN SUBJECT TO ALL THE TERMS. TIONS OF SUCH POLICIES. EXCLUSIONS, AND CONDI-, LTR T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMWOONYI DATE (MMIDDM'I ALL LIMITS IN THOUSANDS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY (-,(L936806904 3-24-90 3-24-91 GENERAL AGGREGATE 1 ,000 CLAIMS MADE �OCGUflRENCE PRODUCTS COMPIOPS AGGREGATE i' g OWNER S S CONTRACTORS PROTECTIVE * Binder PERSONAL 8 ADVERTISING INJURY ' ;. snn ��r 8-22-90 8-22-91 EACH OCCURRENCE 500 FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) t- B AUTOMOBILE LIABILITY ANY AUTO AUT935870504 3-24-90 3-24-91 L5L { x, ALL OWNED AUTOS 500 X SCHEDULED AUTOS BOOIIv 111 INJURY r X HIRED AUTOS (PER PERSON) c.. }{ NONOWNED AUTOS WDLY Y � IL �. }{ t A'"`�''" IpEa ACCIDENT) R GARAGE LIABILITY - -. :z*"-", PROPERTY Rft DAMAGE t i? EXCESS LIABILITY EACH AGGREGATE ' - �- OCCURRENCE OTHER THAN UMBRELLA FORM :Ay D WORKERS'COMPENSATION CTn7C100762704 3-24-90 3-24-91 STATUTORY (EACH ACCIDENT) 100500 AND EMPLOYERS' LIABILITY IDSEASE POLICY LIMIT) E OTHER Builders CIM938132700 ino (DISEASE EACH EMPLOYEE) 1,7 5-09-90 5-09-91 $158,521.35 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS p= Certificate Holder is Hereby Shown as Additional NaTed Insured s *Owners & Contractors Protective - City of Denton r. CIP Sidewalks &'US Hwy 380 - Carroll Blvd Right Turn Lane Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX City of Denton DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Lttn: Purchasing Dept. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE FBU 901 B Texas Street FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Denton, Texas 76201 F ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. REPRESENTATIVEatson _��fya. CERrIFICAIE OF INSURANCE CITY OF DENTON Name and Address of Agency City of Denton Reference: Project Name: Project No: Phone Project Location: Managing Dept: Name and Address of Insured: ---- ------panies ------------------------------------------- Con Affording Coverage: — A B C _ Phone This is to certify that: l) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Letter Expiration Limits of Liability ' T e of Insurance Policy Number Date In Thousands 000 Comprehensive General Liability - Occurrence Occurrence $ - Claims Made (see #4-Page CI-4) Bodily Injury Broad Form to Include: - Premises/Operations - - Independent Contractors Property Damage f Bodily injury and Property Damage Combined i - Products/Completed Operations - Personal injury - Contractual Liability(see #3-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Page CI-4) - Broad Form Property Damage - --- - - - ----------------_._..----------- - Professional Errors/pnissions - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Liability Bodily Injury/Person Bodily Injury/Accident f t - Owned/Leased Automobiles - Non -owned Automobiles - Hired Automobiles ----------- -ro-rt-D---— Prop Propeerty amage Bodily Injury/Property Damage Combined ------- --- $ = - EmployeWorkersCompensation and Employers' Liability Statutory Amount j eic�ident - Owners' Protective Liability _ Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of (See #2, Page CI-4). cancellation, non -renewal, or material change in coverage. Name and address of Certificate Holder. CITY OF DENTON, TEXAS PURCHASING AGENT 901-B TEXAS ST. DENTON, TEXAS 76201 UAIU-ISSIDEU AUIHURIZEU REPRESENTAIIVE )O13i SEE DEFINITIONS ON PAGE CI-4 ATIACIIED. CI - 3 _ DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non -renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to Provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City -owned or leased facilities.)' Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and Offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM ADDENDUM #1 DATE: July 23, 1990 TO: CONTRACTORS FROM: David Salmon, P.E. Civil Engineer SUBJECT: 1990 CIP Sidewalks (Bid #1127) ADDENDUM #1 This memo is to serve as notice to all contractors bidding on the 1990 CIP Sidewalk project that the note on sheet 12 concerning the height of the retaining wall is in error. The height of retaining walls on this project are as noted in the specifications on page SC - 3. There will be no retaining wall from Stations 4 + 00 to 6+ 00 on sheet 12 as noted on the plans. The retaining wall from Station 0 + 00 to 4 + 00 will be a maximum of 3 feet tall. David Salmon COIZW5 �` m/in ;� •-� ACKNOWLEDGMENT I DATE BID BOND Know all men by these presents: Tit LARRY MANNING INC (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound CI Y (hereinafter called the Obligee) in the full and just sum of ($ 5%GAB - ) Five Percent Of The Greatest Amount Bid good and lawful money of the United States of America, to the payments of which sum of money ]lars well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 31st day of_ July 1990 , THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for CIP SIDEWALKS AND US HIGHWAY -380 & CARROLL BLVD. RIGHT TURN LANE BID NO. 1127 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer 3 by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. LARRY MANNING, INC. Witness: Principal By Attest: ; MERCHANTS BONDING COMPANY (Mutual) j _ By / _ Panli..o 31st July 90 December 31, 1990 BID # 1127 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF CIP SIDEWALKS AND US HWY. 380/CARROLL BLVD. RIGHT TURN LANE IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract,'Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the Proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items to construction, and will do all incidental the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion Of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may ,be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P - 1 BID# 1127 Accompanying this proposal is a certified or cashier's check or aid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of .the Owner, .and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: M P - 2 - WORK DAYS 40 CIP Sidewalks BID NO. 1127 PO NO. . BID TABULATION SHEET ITEM DESCRIPTION Remove Concrete QUANTITY UNIT UNIT PRICE TOTAL 3-B.1 Curb and Gutter 188 LF i . /LF 3-B.2 Remove Concrete Curb 76 LF zwc Remove Concrete Drive /. /LF 3-C and Sidewalk 49 SY SP-46 Remove Concrete Steps 6 Set ��)/_%�/Set SP-47 Concrete Ste s 6 Set Concrete. Retaining 8.7.A Wall (Class A) 1,517 LF / . /LF- 8.3-A 40 Concrete Sidewalk 3,201 SY �' 8.15 Concrete Ri -Ra 10 SY `: 1 3.7 Com acted Fill 57 CY //�� �/CY ,( SP-2 Concrete Saw Cut 624 LF 1e:=' r /LF 3.10.7 Hydromulch 4,378 SY 7'S s /SY 3.9.3 St. Augustine Sod 438 SY ,co /SY 1�c SP-27.A Water Service Adjustment 30 SP-27•B Sewer Service Adjustment 14 EA = SP-48 Fire Hydra Adjustment 1=y EA /EA - SP-21 French Drain contractors 1,500 LF �. /LF lci Warranties 1.21 and Understandin s LS / Preparation of 3.1 Ri ht-of-Way LS Barricades, Warning 8.1 Si ns and Detours -- LS C_ SP-39 Project Signs 2 EA Sv �� SP-34 2• Schedule 80 PVC Miscellaneous 525 LF 5 �.� /LF Sprinkler SP-49 S stem Adjustments __ 6c' c_d TOTAL * 3.10,3 Seedin 4, 378 SY /SY l rF P - 3 US Hwy. 380/Carroll Blvd. Right Turn Lane WORK DAYS 15 BID NO. 1127 PO NO. BID TABULATION SHEET P - 4 Glenwood Street French Drain BID TABULATION SHEET by-ei French Drain 383 SP-34 2' Schedule 80 PVC 70 SP-2 Concrete Saw Cut 180 Remove Concrete 3-C Sidewalk and Drive i8 3-B•2 Remove Concrete Curb 10 Remove Concrete SP-50 Retaining Wall 10 Replace Concrete 8.7•B Retaining Wall 10 8.2 Integral Curb 10 SP-27.A Water Service Adjustment 5 SP-27.B Sewer Service Adjustment 5 Miscellaneous Sprinkler SP-49 S stem Adjustment 3.10.7 H dromulch 213 3.9.3 St. Au ustine Sod 25 Contractors Warranties 1.21 and Understandings Barricades, Warning 8.1 Signs and Detours 8.3-A 4" Concrete Sidewalk is * 3.10.3 LF LF LF EA SY SY WORK DAYS 10 BID NO. PO NO. NO. UNIT PRI( r�> ^ /L /. /S i LP" /L] /EP. � rc7 � /SY P - 5 BID$ 1127 BID SUMMARY DOTAL 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. . I/ Street Add#ess City ana State Seal & Authorization ( If a Corporation) Telephone L�� BID# 1127 (1) (2) (3) (4) BID SUMMARY CIP Sidewalks US Hwy. 380/ Carroll Blvd. Right Turn Lane Glenwood Street French Drain TOTAL 0 Work Days Bid Price 40 � I � .�J�• 15 10 65 0 DATE: August 21,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 41132 - WEST OAK STREET PAVING AND DRAINAGE RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoe Public Construction Co, in the amount of $359,544.35. SUMMARY: This bid is for the construction of 8" asphalt paving, drainage and sidewalk on West Oak Street. The project runs from the intersection of West Oak and Bonnie Brae to the intersection with I35. The sidewalk is located on the north side of this portion of West Oak Street. BACKGROUND: Tabulation sheet, Memorandum date August 8, 1990 from Jerry Clark, Director of Engineering and Transportation PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Engineering and Transportation Department and citizens utilizing West Oak Street area. FISCAL IMPACT: Funds for this project will come from 1985 Street Bond Account Number 434-002-SB85-8518-9105. Z a d by: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/jh 041.DOC Resp fu/ll/yZsub'tted: Llo d V. Harrell City Manager 11 N .. _ G 1 I Z 1 I r- ce rJ O m I y [�7 ram. a CJl i 3 1 I I v RJ m f o m m y r�i m 1 G 1 m l o r � v T v arc 1 1 m z JrJ cJ MYi z i a G � -- -- -- -- -- -- _ 1 c. 1 1 I 1 Ul 6i Gl j d l T �A 4J w -- -- -- -- -- - cn I 1 1 m Ul •G/l j G I ClI 2 V GN �' LwJI 1 S 1 rJ Lh 1 I • 1 C> .ZJ I w w 1 I 1 Sr 4J 4J Cll Ul � 1 �l l Rl W W I I O� Gll 1 C 1 l9 I W Vl 6J N 1 1 C r-+ RCrrl ,--n. CITY c;: r� ' C'd Au;tL; ..;;,I;'-' 199P $gip -8 fit 11: 0 f CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: August 8, 1990 TO: Tom Shaw, Purchasing Agent FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: West Oak Street Paving - Bid 1132 (Bonnie Brae to I35) The Engineering Division has reviewed the bid from Jagoe Public and feel the prices are acceptable. The total bid is also below our estimate. Jagoe Public has done several City projects successfully. We recommend that they be awarded the bid with a total price of $359,544.35. This includes the street construction and a sidewalk along the north side. Je r C1 k 0904E 0 CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON ) THIS AGREEMENT, made and entered into this 21 day of AUGUST A.D., 1990, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and JAGOE-PUBLIC COMPANY, 3020 FT. WORTH DRIVE BOX 250 DENTON TEXAS 76202 - of the City of DENTON County of DENTON and State of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: WEST OAK PAVING DRAINAGE AND SIDEWALK $359 544.35 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, andother accessories and services necessary to complete the said construction, 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, blueprints, and other drawings and printed or CA-1 0114s written explanatory matter thereof, and the Specifications therefore, as prepared by THE CITY OF DENTON TEXAS ENC+TNF.ERTNG , all of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS 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. CA-2 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST:. A'k' CA-3 0114s i • •MAMADIN (SEAL) TAGOF.—PUBLIC rMPANV .Party the Second Part CONTRACTOR By itle (SEAL) 0 C PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF DENTON') ( KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY 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 CITY OF DENTON TEXAS as OWNER in the penal sum of THREE HUNDRED 6 FIFTY NINE THOUSAND, FIVE P AriNngEn FnRTy FQfM ANn 'A5/1 r10 Dollars ($ aso see vs ) 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 _21_ day of Ar1r1TRT ", 1990 , for the construction of Bid #1132 - West Oak Paving, Drainage and Sidewalk which contract is hereby referred to and made a dpart 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; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent -as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of August , 19 90. Principal By 5t� F�ML Title V Address P. 0. Box 250 Denton, Texas 76201 (SEAL) The name and address of the Resident Agent CORROON & BLACK, INC. of Dallas SEABOARD SURETY COMPANY Surety Title Rosemary Weaver, Attorney -in -Fact Address Burnt Mills Road.and Route 206 Bedminster, New Jersey 07921 (SEAL) Q� of Surety is: Lincoln Centre II, 5420 LBJ Frwy., Suite 1400, Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. P B-2 0091b PAYMENT BOND STATE OF TEXAS )( COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: of the City of That JAGOE PUBLIC COMPANY Denton County of Denton , and 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 hound unto The City of nentnn_ Texas , OWNER, in the penal sum -of Three FinndroA & F; f+., u; ne Thousand, Five Hundred Forty Four and 35/100 Dollars ($ 359,544.35 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 21: day of August , 19,90 FOR THE Construction of Bid,#1132.- West Oak Pavin¢, Drainage and Sidewalk 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 prosection 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 Article 5160 of the revised Civil Statutes of Texas. as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITBNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of August , 19 90 . SAGOE PUBLIC COMPANY Principal By Title Address P. 0. Box 250 Denton, Texas 76201 SEABOARD SURETY COMPANY Surety Title Rosemary Weaver, Attorney -in -Fact Address Burnt Mills Road and Route 206 Bedminster, New Jersey 07921 (SEAL) (SEAL) The name and address of -the Resident Agent of Surety is: CORROON & BLACK, INC. of Dallas Lincoln Centre I1,`5420 LBJ.Fiwy., Suite 1400, Dallas, Texas 75240-2652 PB-4 0092b MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON ) C KNOW ALL MEN BY THESE PRESENTS: THAT JAGOE PUBLIC COMPANY 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 OfThirty Five Thousand Nine Hundred Fifty Four adn 43/100 Dollars 35,954.43 , 10X of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Jagoe-Public Company has this day entered into a written contract with the said City of Denton to build and construct BID# 1132 - West Oak Paving, Drainage 6 Sidewalk $359-,544.35 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 incorporatd 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 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. MB-1 ,IrVW 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 COMPANY as Contractor and Principal, has caused these presents to be executed by Bill Cheek, Vice -President - Finance 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 21st day of August , 19 90 PRINCIPAL: JAG E PUBLIC COMPANY NB-2 I 0093b CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE• Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance- shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will. be given to the Owner before any policy covered thereby is changed or cancelled. The.bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional_ named insured._ To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. . The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others, arising out of any act or omibsion of the Contractor or his agents, employees or subcontractors. CI - 1 To the extent _the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out.of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit: of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000.00 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written. notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non -renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self -insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 .+►Iaiieu 'CERTIFICATE OF, INSURANCE 8 _30 9.0 _ / PRODUCER TAND HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CONFERS RAMEY, KING F7 MIDIIdIS INSURANCE NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 707 FIRST STATE BANK BUILDING r— -- .—.__------—_��—---------._-.SPEC DENTON, TEXAS 76201 COMPANIES AFFORDING COVERAGE _ ................... .____._.._.______.;_._._. COMPA } LETTER A TRINITY UNIVERSAL INSURANCE C01PANY CODE SUB-CODECOMPA _ INSURED LETTER B HARTFDRD INSURANCE CGIPAN JAGOE-PUBLIC CWANY, INC. C G. G.p�RICKS Fi SONS, INC. LETTERNY __.._ ,_ - _-- _- . _.. _..__-_-- __.__._..:_.....__. P.O. BOX 250 1 COMPANY D DENTON, TEXAS 76202 LETTER -----------_._—.__----------_--------_—._-- _ - COMPANY E LETTER •., y`' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD y 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. - COI TYPE OF INSURANCE j POLICY NUMBER LTfl 1 - POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION I I DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY � !GENERAL AGGREGATE $ 1 CO —VLL'—-2j000— COM MERCIAL GENERAL LIABILITY A x j PRQDUCTS-COMP/OPS AGGREGATE 1$� , --.--, occufl l GL7455963 CLAIMS MADEI ' I � 10 89 /� 2 - , 10 90 /� PERSONALS ADVERTISING INJURY I $ X OWNER'S S CONTRACTOR'S PROT.j I _ EACH OCCURRENCE $ 1P OOO----' FIRE DAMAGE (MY one fire) I = MEDICAL EXPENSE (Any one person) i AUTOMOBILE LIABILITY Ii ' COMBINED )— — �, S A i_x_; ANY AUTO TBAb422963 ' ALL OWNED AUTOS 10/1/89 10/1/90 LIMIT TSINGLE111-1-1_45 I,000 BODILY ' `.x ,,SCHEDULED AUTOS, o: , , i I INJU arson) RY f I '' I HIRED AUTOS x (BODILY j NON -OWNED AUTOS 1,x-I j j I i INJURY S I� (Per aotleenQ, 1 GARAGE LIABILITY 1 I ' $PROPERTY I — IS V DAMAGE EXCESS LIABILITY I _I � (..__.._.._ i-r AGGREGATE�— OCCURRENCE EACH �'�^ I A X— i OTHER THAN UMBRELLA FORM W7441134 110/1/89 _ I ( 10/1/90 I• s 1 000 I $ 1 060 . _SPEC ....., _____.SECS- .._._._.__ a. ___..__ ___ ._....._.___ - .._t ..____ ._._ __. —.__._.._— .__..I- _._._ . __ - .__L__ . WORKER'S COMPENSATION '._. __•_ 1 STATUTORY B ( AND 71WZCK1235 10/1/89 10/1/90 1 —1 500 (EACH ACCIDENT) EMPLOYERS' LIABILITY _ i $SOO (DISEASE POLICY LIMIT) '.__ _ `--------- ----- — ------ I OTHER I S SOO .• (DISEASE EACH EMPLOYEE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/flESTflICT10N5/SPECIAL ITEMS 'Project: West Oak Paving F, Drannage 'CERTIFIC E HOLDER —"- _ -,. a y as =.CANCELLATION' 'Nq<... ,,,, ,.,.;-- r arty „„.;.,�r 4I,,„y, �,5, # •.:.:�'^�„_ BITY OF MIMEXPIRATION .:�,. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE `TO THEREOF, THE ISSUING COMPANY WILL ENDEAVOR Attn: Tom Shaw 901E TEXAS sr. it'll _V MAIL_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE rT-` LEFT,. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DEMICBJ, TEXAS 76201 -7 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. -� ri AUTHORIZED REPRESENTATIVE - c RAMEY, KING $ MINNIS INSURANCE ACORD 25-S (3/88)»©pCORD CORPORATION 1988 Ac0iend ;ERTIFICATE OF INSURANCE ISSUE DATE (MM/DOIVY) 9/4/90 PRODUCER RAME:, KING F, MINNIS INSURANCE 707 FIRST STATE BANK BUILDING DENTON, TEXAS 76201 CODE SUB -CODE INSURED CITY OF DENTON AND ITS EMPLOYEES .,c/o PURCHASING AGENT 901-B TEXAS STREET DENTON, TEXAS 76201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE LETTER Y LA TRINITY UNIVERSAL INSURANCE COMPANYLETTER COMPANY B - LETTER COMPANY `. LETTER COMPANY D LETTER COMPANY E LETTER . s f 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. CO TYPE OF INSURANCE POLICY NUMBER LTR; POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MMIDD/VY) DATE (MM/DD/VY) GENERAL LIABILITY GENERAL AGGREGATE $ !COMMERCIAL GENERAL LIABILITY - _.. ,...500 ......._. PRODUCTS-COMP/OPS AGGREGATE, $ 500 r -' ,CLAIMS MADE OCCURI'. _....-_ . PERSONAL 8 ADVERTISING INJURY $ 5 ... - .. 00 _ n A X I OWNER'S 8 CONTRACTOR'S PROT BINDER/APP 9/1S/90 For the EACH OCCURRENCE $ 500 - -, Duration FIRE DAMAGE (Anyone lire) $ _--- _ _—. ___ ____ MEDICAL EXPENSE (Any one person) $ of the job I AUTOMOBILE LIABILITY COMBINED - .,.._.� - r SINGLE $ .. .... i ANY AUTO L.._._I LIMIT ;ALL OWNED AUTOS BODILY ' — SCHEDULED AUTOS INJURY S (Per person) ' HIRED AUTOS BODILY —i INJURY $ NON OWNED AUTOS (Per andderl) ,. i n GARAGE LIABILITY PROPERTY '. DAMAGE $ EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY I OTHER I I I DESCRIPTION OF OPERATIONS/LOCATIONSNEMICLES/RESTRICTIONSISPECIAL ITEMS EACHAGGREGATE - OCCURRENCE STATUTORY ( _ $ (EACH ACCIDENT) $ (DISEASE —POLICY LIMIT) $ (DISEASE —EACH EMPLOYEEI CERTIFICATE,HOLDER- CANCELLATION ii SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT{9N DATE THEREOF, THE ISSUING COMPANYWILL ENDEAVOR TO MAIL —3.I-DAYS WRITTEN NOTICE HE ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL S H NOTI SHALL IMPOSE NO OBLIGATION OR ,'` LIABILITY OF ANY KIND UPON HE COMP Y, ITS AGENT OR PRESENTATIVES. AUTHORIZED REPRESENTATIVE ep_ RAMEY,KING MINNIS SUM CE 'ACORD 25'S'(3I88) ©ACORD CORPORATION 1988' CERTIFICATE OF INSURANCE CITY OF DENTON Name and Address of Agency City of Denton Reference: " Project Name: Project No: Phone Project Location: Managing Dept: Name and Address of Insured: ------------------- Companies Affording Coverage: -- A B. Phone C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Expiration Limits of Liability Letter Type of Insurance PolicyNumber .Date In Thousands 000 Comprehensive General Liability - Occurrence Occurrence - Claims Made (see #4-Page CI-4) Bodily Injury = Broad Form to Include: - Premises/Operations - Independent Contractors . Property Damage j - Products/Completed Operations - Personal injury - Contractual Liability(see #3-Page CI-4) - Explosion and Collapse Hazard Bodily injury and Property Damage Combined f - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #S-Page CI-4) - Broad'Fortn_Property Damage ------------------------- - --------- ------- - Professional Errors/Omissions ---------- -------- --- --- ---- ----------- - ------ - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Liability Bodily InPry/Person Bodily Injury/Accident $ - Owned/Leased Automobiles - Non -owned Automobiles -------------'------------- Property Damage ---------------------------- -------- $ --- -- --- - - Hired Automobiles Bodily Injury/Property Damage Canbined i - Workers' Campensation and Employers' Liability Statutory Amount eac acct ent - Owners' Protective Liability j Other Insurance Description of Operations/locations/Vehicles. Each policy shall require thirty (30) days notice of (See #2, Page CI-4). cancellation, non -renewal, or material change in coverage. Name and address of Certificate Holder. CITY OF DENTON, TEXAS PURCHASING AGENT 901-B TEXAS ST. DENTON, TEXAS 76201 0043i CI - 3 AUTHORIZED REPRESENTATIVE SEE DEFINITIONS ON PAGE Cl -4 ATTACHED. DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its, elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non -renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE: (Liability assumed, by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract.- This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City -owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is .caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards,. bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 BID # 1132' PROPOSAL TO THE CITY OF DENTON? TEXAS' FOR:THE CONSTRUCTION.OF WESTOAK° STREET: PAVING,. DRAINAGE; AND SIDEWALK' IN DENTON:, TEXAS The undersigned, as. bidder, declares that the only person or parties interested, in this: proposal as principals. are those named, herein, that this proposal is made without collusion- with any other. person, firm: or corporation; that he; has carefully examined the:.form.of. contract.,, Notice:to.Bidders', specifications and, the plans: therein: referred- to,, and hast carefully examined` the locations:,, conditions;, and classes. of: materials: of. the - proposed work and agrees: that he: will provide: all. the necessary labor:,. machinery,, tools4: apparatus,. and= other, itemss incidental to construction-, and: will do: all..the work- and furnish all the: materials = called: for in the- contract- and' specifications in the, manner prescribed! herein and according to: the requirements of the City as -therein set -.forth. Lt. iss understood.: that: the: follow ng> quantities of, work, to be - done! at unit prices are approximates only,, and are intended principally to= serve..as• a, guide in• evaluating• bids:. It is: agreed that then quantitiesof" work, to be done at unit. Prices: and- material to: be furnished. may be increased: or; diminished- as: may, be. considerednecessary, in the opinion of the•. City,. to complete the, work. fully as: planned: and' contemplated; and that: all..quantities-of' work whether. increased, or:. decreased= are-, to. be performed'_ at the.. unit: prices, set: forth below except'as provided=.for-in"the.specifications. It: ist further agreed: that. lump: sum pr rest may be increased to cover: additional work -ordered by the:City, but not shown -on the plansi or required' by the specifications:, in, accordance with the• provisions to the- General Conditions., Similarly, they may bey decreased to cover.deletion of'work so ordered. It is.understood and agreed that. the work is to be completed`in fullwithin+ the number of workdays shown on the bid tabulation sheet. P 1. BID# 1132 Accompanying this Bid Bond, payable the total bid.. proposal is acertified or cashier's check or to the Owner, in the amount of -five percent of It is understood that the bid security accompanying this proposal shall be returned to the bidder,. unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a. performance- bond and a payment bond within fifteen. days after its- acceptance,in which case the bid security shall become the property of the Owner, and shall be considered. as a payment for damages: due to. delay and other inconveniences- suffered by the Owner on account of such failure of the- bidder.. Owner reservesA the: right to reject any: and. all bids.. Owner may investigate the prior performance of bidder on other contracts;: either. public, or private;, in evaluating, bid. proposals., Should bidder alter, change, or qualify any specification: of the bid',. Owner may automatically disqualify - bidder.. The undersigned: hereby proposes and agrees to perform all work of whatever nature required-,, in. strict accordance- with the plans and specifications,, for the following:sum.or prices, to wit: WORK DAYS 60 77�9 •- West Oak Paving and Drainage BID NO. PO NO. (Asphalt) BID TABULATION SHEET . ITEM DESCRIPTION 1 QUANTITY UNIT UNIT PRICE TOTAL 3-A I I Remove Concrete Pavement I 50 I I SY I I $ % /SY I I $ io I Remove Concrete Curb I I I 3-8• i and Gutter I 495 1 LF I $ /LF' I I $ C/90 p0 I Remove Concrete Driveway 3-C- I and' Sidewalk I' 1 I 350 1 SY' I $ pO /SY I $ Z 00 ca SP-33 1 Remove Concrete Inlet. 1 I• I 1' I EA I I' $ .SOO 00, /EA 1 1 $ 00 O° SP-44' f Remove; Driveway Culverts I` T I' EA f $ / S °° 3.3 _ 1 Unclassified -Excavation 1 4,476 1 CY I I $ '5' I I $ 22 38/ °C 1 6• Lime Treatment of. I I I 4.6-B I' Subgrade - I 12,283 1 SY' 2•s/SY I $7 7S' I Type A Hydrated Lime: I ' 4.6-A I Slurry 1 166 I TON, °� /TON 1 $ 1 2 Asphalt Pavement Base 1- I I 5.7-A'.1 I ( Type A) ( 11,813 I SY I $ Z 9/SY' 1 3 I. 4. l/2' Asphalt pavement. 1. 1, 11 5'.7=A.21. 1 Base -(Type A)' 1'• 9 620' 1 SY I Cs/SY I $ O/ oc 1 1.1/2• Asphalt.Pavement l I• 5'.7=A.3' I (TYper DY F 9' 620 I' SY' I° $" 2 30/SY 1 $ Z6 1 2. Asphalt. Pavement. 1, 1 I 1 5.7=Br F (Type D Patch: Material) 1 201 I' TON 1 $: oc /TON I S 700 c!f-' I ti Asphalt.Pavement h ( Valley Gutter) I 29� 1 SY' I $" / / S /SY 1 $ �° 8.2-A• I Concrete Curb' and'• Gutter 1 7,250, 1 LP 5.8-A.1 1 .6" Concrete. Platwock I• 35 1 SY' I $' 23e575, 8".15_-e f Concrete Plume I 1 I EA I $00 /EA'. JCO. °a 1' 8.3-A, I I: 4" Concrete Sidewalk. I 11 I 1- I SY I $ 'ey, /SY I $' 220 O0 8'.3-8E f V concrete • Driveway' I' 880+ 1 SYI. S, 23: 8�'/ev- i a 2a oov pO. 14- Patterned:.and_Colored'1 .. I I.,. I I Concrete Flatwork. R " 225" 1" SY I" $ m /SY I $ 7"P75"� I, V. "PVC. Schedule: 80: SP-34, 1' Conduit: b 406,E I LF' I $" /Ooa /LF" I $` S<OGO °o 3.7 1' Compacted,Fill I' 675" F CY I $' 2 50 /CY 1 $' /� L 87 S S_P-2 1 Concrete Saw Cut I 220' 1 LP' I $ Z. So /LF I $ SO SP-15 I I I Adjust Manhole I 2 I 1 EA I I $ O.�/EA I I $' 460•= P - 3. West Oak Paving and Drainage (Asphalt) WVRK DAYS 60 BID NO. 1139 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNTT 17NTT =TrV mnmar SP=27.B Adjust Sewer Service 1 EA. �U/EA pp•o° SP-27.A Adjust Water Service 4 EA °-O/EA / ?00.1 2:12.3-A 150 Class III RCP' 449 LF' Z /LF de 2.12.3-B 18" Class=IV RCP ias LF Zq °-"/LF 13 la-00 2.12:3-C `. 21" Class- III. RCP 245'' LP' 27, 5%/LFAiS, Z37,,65 2.12..3-D 'r 2V Classa IV' RCP' 115 LF /LF 2.12.3-E 30" Class III RCP 363- LF Z °= /LF' 7.6' S" Manhole-and'Cover 1 EA. Gp/EA pO 7:6.A-1 4" Curb - Inlet 4' EA- ca /SC /EA 14 (, pp, o. 7.6.A-2' 10' Curb -Inlet. 2' EA J. 900.°7EA yoo,q° 7.6.A-1 4" Special. Type I' Curb Inl'et- 1 EA. 7'.6.A-4- 10'-Special Type: I Curb; Inlet. 1: EA Z. poc�-/EA. 2` Ooo.°o 2.11.5: Inlet. Frame and':- Cover, 8" EA. pG�/EA Z00.a0 7'.4.5 Concrete Encasement. °` SP-31' Break=into existing, concrete structure 3 EA; oo`�/EA. SP-4 Lower_ Water Line 2 EA 6CL2/EA gcc c, SP-37, Excavation Protection: 20.7' LF oo/LF` 07.`- SP-39 Project -signs' 2' Ek, Z.756 /EA? 3'1 Preparation; of,,, Ri ht-of-wa , LSi a, Zoo'%LS, ZOO.pO 1.21, Contractora.Varrantiea. and` Understandin -, LS.- 7STLS' 7 co 8:1 Barricades, Warninq:. Signs, and` Detours LS: SP-10 Rock: Excavation_ 100: Cy . 50/CY' �O °c 3.10.7 R dromulch. 6,000' Sy, 2/SYSeaUD P,--4 West Oak Pavinq and Drainage (Asphalt) WORK DAYS 60 BID NO.- 7 7 32 PO NO., BID TABULATION SHEET ITEM DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL 3.9.3 I St. Augustine Sod I' 600 I SY I $ 3 Za /Sy I _SP-21 I French Drain I 1 000 I LP I $ cc /LP I 8.15-A, I Concrete Rip -Rape I I 10 I I Sy I $ 700 /BY I $ Z70 pe --I-TOTAL I I I *3.10 -7o ca I I I I I I' I I I I I$ / I$ • This�item:may replace Hydromulch (3'.10.7) P -. 5: 51 West Oak n ITEM Street Sidewalk BID DESCRIPTION - TABULATION SHEET' QUANTITY UNIT WORK BID PO UNIT'PRICE DAYS NO. NO. 15 1132 TOTAL 8.3-A I Concrete Sidewalk I 850 I I SY I $ °J/SY i p4 1.21 i Cntactr's Warranties I and Understandings F -- I LS I I $' /1075- /LS I I $ / 07ia9 3.10.7 I I Hydromulch, 1 1,500 1 SY` I S' 25 / y I t 37 SCO 3.9.3 I 1 St. Augustine Sod 6. I 150` 1; I Sy 1 I' t 3. 25/SY I I $ Aig0`' 8.15-A i Concrete Rip Rap, I 10 I SY f 3 2 7°� /SY I$ 2 70 I TOTALZ. i OA I I I I I I I ( I I *_3.10.3 I Seeding. f 1` 500- I Sy. P $' 70 /SY I Is L 1 1 $ I 1 1 I I I$ $ /. 1 $ 1 $ L• . 1, V . I 1$ This.item.may replace item 3.10.7 (Hydromulch) P• -- 9 BID# 1132 BID SUMMARY TOTAL $ID PRICE IN: WORDS' i lzinv,.A A,, ,✓' ✓J-1'l��' _ In the event of the, award of a contract to the. undersigned•,. the° undersigned: will furnish a performance bond. and: a, payment. bond, for the full. amount: of. the contract,, to secure proper compliance. with: the terms. and, provisions: of the contract, to insure- and: guarantee the work- until final" completion and acceptance, and to -guarantee: payment- for all. lawful claims for labor performed', and materials furnished in the fulfillment of the contract., It. is understood that the work proposed to be done shall be accepted, when fully completed and finished' in accordance with the plans and specifications, to the: satisfaction of the Engineer. The undersigned certif'ies•that.the bid prices contained- in this, proposal.. haves been carefully, checkedP and:. are submitted as- correct.and:final. Unit and lump —sum prices as -shown for each item listed- in this proposal., shall- control: over- extensions:. 7;ar 774 1�0L city an : state' '"'"Seal . &"r Authorization: Jlf 'a, Corporation) f/�2-- 2Te/ e ep one B 1 BID. SUMMARY 1.. West Oak Street Paving and Drainage (B" Asphalt) West Oak Street Sidewalk. TOTAL, Work, Days, 60 15 75: BID$ 1132 Bid $ 32 Os.3S $ f 7, ,SOO.00 $-339.35 2. West Oak.Street Paving and Drainage 60; $, (6"Concrete) — West Oak Street 15 $ Sidewalk TOTAL, 75 $