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2003-174
ORDINANCE NO. Q ` q� AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF MALONE STREET IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2925-URBAN STREET PROGRAM-MALONE STREET CSJ0918-46- 106 AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $445,152.90). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 2925 Jagoe-Public Company $445,152.90 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. 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 4. 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 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /�I &day of / 2003. 61 2 &cj— EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PR )UTY. CITY ATTORNEY BY: 3-ORD-Bid 2925 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 17th day of June A.D., 2003, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and Jagoe-Public Company PO Box 250 Denton, TX 76202 of the City of Denton County of Denton and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid #2925 — Urban Street Program — Malone Street CSJ0918-46-106 in the amount of $ 445,152.90 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Engineering Department all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or `invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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 he in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: -7 % APPROVED AS TO FORM: CITY ATTORTfY CA-3 City of Denton OWNER BY: (SEAL) Jagoe-Public Company P.O. Box 250 Denton, TX 76202 CONTRACTOR MAILING ADDRESS y1/0 .782 - zs-S PHONE NUMBER flo 392- y732- FAX NUMBER BY: / fz� gr —y"a n TITLE 8I!!� G�e-k--I JV lQ'lQll0l /\TIC (SEAL) Bond #SP3937 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Jame -Public Comnany"whose address is PO Box 250 Denton, TX 76202 hereinafter called Principal, and St. Pau Fire an brine a corporation organized and existing under the laws dwig of ,cta and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called OwngeY, in the penal sum of plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 20 -174 with the City of Denton, the Owner, dated the 17th day of June A.D. 2 003 a copy of which is hereto attache and made a part hereof, for Bid #2925 Urban Street Program — Malone Street CSJ0918-46-106. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with t he Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. 9M PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19- 1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 ies, each one of which shall be deemed an original, this the 1 7 day of June 2 0 0 3 I:MII0M r i�. A'_ CR AN PRINCIPAL BY: (/(tf. PRESIDENT ATTEST: SURETY St. Paul Fire and Marine Insurr�a��ncce,, Company y✓/ BY: 1Ckc 1 i7Cp (�.F —I �p�lI� ATTORNEY -IN- ACT Rosemary Weaver The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Willis of Texas, Inc. 13355 Noel Road, Suite 400 STREET ADDRESS: nallaa, Texas 7524n (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) Bond #SP3937 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Company'fvhose address is PO Box 250, Denton, TX 76202 hereinafter called Principal, and St. Paul Fire and M Hine a corporation organized and existing under the laws f and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Four Hundred Fortv Five Thousand One Hundred Fiftv Two and 90/100 ✓ DOLLARS ($445 152.90),-.6 lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2003-174 with the City of Denton, .D. the Owner, dated the 17th day of June A2003 , a copy of which is hereto attached and made a part hereof, for Bid 2925-Urban Street Program -Malone Street CSJ0918-46- 106. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in _ copies, each one of which shall be deemed an original, this the sZ day of Jii nP v on -i ATTEST: SECRETARY ATTEST: SURETY �I St. Paul Fie and Marine Insurance Company B BY: Pt� ATTORNEY -IN -FACT Rosemary Weaver The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Willis of Texas Inc. 13355 Noe Roa , Sui e400 STREET ADDRESS: Dallas, Texas 75240 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) [aAIM11 1heStPhu0 POWER OF ATTORNEY Power of Attorney No. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 23335 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 1586873 KNOW ALL MEN BY THESE PRESENTS: 4fat Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company,1A. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized underthe laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint / Jeff McIntosh, D. Gregory Stilts and Rosemary Weaver ✓ of the City of Dallas , StatTexas , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 1911, day of November 2002 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company 9�92 �I SEAL Ira �s t ` �977 p j� PETER W. CARMAN, Vice President aSdL'i ff T AIM x/ State of Maryland / City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this I9m day of November 1 2002 , before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names ofthe corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 1st day of July, 2006. A REBECCA EASLEY-ON�O✓KALA, Notary Public 86203 Rev. 7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved printed or lithographed. The signature of each of the foregoing officers and the seal of the Company maybe affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. / %'7,��,�� 7 IN TESTIMONY WHEREOF, I hereunto set my hand this _� day of 1927 � oua•+ (Pwp_Rl�^ @.�� aWIV4M1® E.� � w Ri d 950.E 0 rue yen ggl a , „ +r.�x+ °• "" Thomas E. Huibregtse, Assistant Secromry To vero the authenticity of this Power ofAnorney, call 1-800.4214880 and ask for the Power ofAttorney clenk Please refer to the Power ofAttorney number, the above -named individuals and the details of the bond to which the power is attached lhlu' St. Pad Fire and Merin Ioemanca Company United States Fidelity and Guaranty �y II B� St. Pad Guardian Insmaoca Company Fidelity and Guaranty Insurance Company SL Paul Mercury Im umnee Company Fidelity and Guaranty Insurance Underwriter, Iuc. Seaboard So" Company St. Pad Medical I.labOUy Imuraaca Company Bond No. SP3937 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. StPhul Surety IMPORTANT NOTICE: To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX 9 1-512-475-1771 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it to the following address: Mailing Address: St. Paul Surety Claim P.O. Box 4689 Federal Way, WA 98063-4689 Physical Address: St. Paul Surety Claim 31919 First Avenue South Suite 100 Federal Way, WA 98003 You may also contact the St. Paul Surety Claim office by telephone at: Telephone Number: 1-253-945-1545 PREMIUM OR CLAIM DISPUTES: If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall f le with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self -insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERL4LLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CIM EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WINCH CASE IO DAYS ADVANCE WRITTEN NOTICE IS REQUIRED': • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or • all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. ATTACIEV ENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. LLe7 014DiV3 lime: /:4c FM TO: SCOtt IS 840-949-7870 Page: 002-005 ,ACORD CERTIFICATE OF LIABILITY INSURANCE °�/ ;1Q2� ""MEN (940)382-9691 FAX (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ramey & King Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTW=TE DOES NOT AMEND, EXTEND OR 510 North I-35 E ALTER THE COVERAGE AFFORDED. BY THE POLICIES BELOW. Denton, TX 76205 INSURERS AFFORDING COVERAGE •1I. 151 Sill Cheek l/ 07 wwRERIL Travelers Insurance Co. - -_-- 393S7 P 0 Box 2S0 NaeRacc Travelers Indemnity of Amerie. 25666 Denton, TX 76ZO2 ZZ:D INSURER& CBVCCAf:FR THE POLIGMS OF INSURANCE LISTED BELOW WIVE BEEN WSUSU 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITNSTN. MIN, ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUPLANCE AFFORDED BY THE POLICIES DESCRIBED HEREW IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NBR rYFE OF N$ POLICY NUMBER POLATGPIcnw POLICY PIRA UMITS A GENERAL LNIMIJI'Y COMMERCV4. GENERAL LIABILITY CMWB NAGS ©OCCUR CAP491 D371 /O1/2002 10/01/200 EA OCCUFOMWO" E 1,000,00( _ °""'�TOFe"` D s 300,00 LEDE1fPwv"Pp ) S S,00 PERSONW aADVINJURY S 1 ODD 0 GENERN.AGGREGATE s 2 000 ,000 GEML AGGREGATEppURMpIIT,, APPLIES PER: 17 POLICY JEC`T LOC PRDGICTs•COMPlDPAGG S 2,000, A AUTOMOEBa UABRRY ANYAB,O__� ALLOWMDAUM SCHEDULED AUTOS NIREDAUTOB NONawNED auras DHCAP492D370 10/01/02 10/01103 COMBINED Mae UNIT ' '1,000,000 PI � JRY WA s ODDLY 0 ,oLdw, S PROPERTY OAMAGE (Par eLsiASNI s GARAGE LIANUTY ANY AUTO AUTO ONLY. EAACCEIENT S OTHCRTHAN ER ACC AUTO ONLY: AGE S S e OXCESSR,MBRELLALIAMVr, OCCUR CLAD" MADE oEOUCTIKE RETENTION S MCW492D370 10/01/2002 10/01/2003 eAChoa;ula>awa E 5.000.00( AGGREGATE s s 5,000 s s L' waamPa.G-10umNAND- _ _. _. EMPLOYERS'LWI{ Y ANYMOPPoEROWPARLUDED?ECUTN6 OFFICEOMET ER ARTNDEO7 N IAL PRON41ONSbeiv _ __ __ _ __ _ _ _I18492073 /01/2002_ _U!/O1A003 -- ELEACHACCS)ENT ...- 1,000.0 E.L. DISEASE• EABMPLO S 1,000,00( E1.018KAW-POLICYL"T s 1,000'Wo OTHER OEECAIPHONOFO RA ILOCAT NEIVEJpCLEE 1" ADOEO ENTlSPEWLPROYep1L4 ertTficate�fTO der is isted as a t anal PnsM Certificate Holder is listed as Bid#2925, Urban Street Program -Malone St CSJO918-46-106✓ additional insured Waiver of subrogation in favor of City of Denton on Workers Comp.✓' Said policy shall not be cancelled,nonrenewed or materially changed without 30.I,,0yS advanced City of Denton, its Officials, Agants,� writ notice being given to the owner (City) Employees and Volunteers ex pt Aen the policy is being cancelled for 9010 Texas Street JMnpaymaimt than :;0..days__uotice.required Denton, TX 76201 s I ACORD 25 (2001/0 ) OACORD CORPORATION 129ft L4G. U/LU/VJ lYnICS: 4;%L en ru bCOLL l3 y4U-34`J-!ZSlU Page: 003-005 c IMPORTANT H the cartiNcete holder is an ADDITIONAL INSURED, the policy(loe) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in Neu of such andoreement(s). if SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the oert1ficate holder in Neu of such erdorsemerd(e). DISCLAIMER The CorNRcate of Insurance on the reverse side of this form does not constitute a contract between Me issuing Insurer(s), authorized representative or producer, and the certHkate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the poides listed thereon. CURD 25 (2001/08) Urban Street Program — Malone Street Bid #2925 CITY OF DENTON CSJ0918-46-106 CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, and Contract for (Bid #2925) and for Urban Street Program — Malone Street, CSJ0918-46-106 work, and having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said Urban Street Program — Malone Street CSJ0918-46-106 for the following area: BASE BID —Urban Street Program —Malone Street CSJ0918-46-106 In words SEE ATTACHED BID TABULATION SHEET g qqS, /5,2.4o Asphalt Option Malone Street -Urban Street Program Improvements CSJ #0918-46-106 Work Days 90 Bid No. 2925 P.O. No. BID TABULATION SHEET a $ DU / LF7S:?T-7,?). 104A Removing Concrete Curbs 1765 LF Unit Price In Words JQ 4111 104B I Removing Concrete Driveways 300 SY Is 10. D o / SY $ 3no6,o� Unit Price In Words o//ass 2c�a 104C lRemovingConcrete Sidewalks 1 250 ISY $ /0. o u / SY Unit Price In Words 'l 110 Excavation 2000 ICY $ 7-DL / CY Is /'/oca oa Unit Price In Words Je• e.Allam a42eie 260 Lime Treatment for Materials Used as Subgrade(Road Mixed) 1 17422 SY $ a U / SY $ ,Z� a, Yv Unit Price In Words CA-e. &.�— -94 260 Lime y A)Slry,(Ty B) Shy or (Ty C Slry 280 TN $ d'5. oo / TN $ poo,a Unit Price In Words , ,e d / 6e,1-3 305 FSaly Haul, and S 1 Rchn Pal 17165 SY $ /,%b / SY $ 9 / a.5o Unit Price In Words a^C / ,-� . !e„--�7 315 Emulsified Asphalt Seal 5000 1 GAL $ / GAL $ " te Unit Price In Words /� , n 479A jAdjust Manholes 17 EA $ o2s'd. av / EA $ o, 0 Unit Price In Words �t �, i(, , !4;w- Le-6 479B I Adjust Inlets 7 JEA Is /760. o(:�- / EA $ oo Unit Price In Words �// LAare—S ei o t5 2/12/2003 P 3 Asphalt Option Malone Street -Urban Street Program Improvements CSJ #0918-46-106 BID TABI11 ATInM SL ==,r Work Days Bid No. P.O. No. 90 2925 479C Adjust Valve Boxes 25 EA Is ,25-6 OD / EA $ (o�So.Do Unit Price In Words f �f /� CiS CQ,,-jLs 500 Mobilization 1 LS $ Unit Price In Wordsit�e l,-,d:5 502 Barricades, Signs, and Traffic Handling 5 MO $ /oZ SD, 66 / MO $ dso . oa Unit Price In Words 529 Concrete Curb and 7Gutter 1765 LF $ /d. on / LF $ /Z Do Unit Price In Words Tc.. G�a /0 S v4 Zero 530 kriveways and Turnouts 300 SY [$31-75, / Sy $/D/,•S60 / Unit Price In Words %/ �f�c✓f v/— Sew 531 Sidewalks 250 SY $ 029.E / Sy F-23 /�.50 Unit Price In Words -(,,¢ o/% 4L •� S Reflectorized Pavement M gs- 666 24"Stopbars 120 LF $ 9 ov / LF Unit Price In Words Raised Pavement Markers -Ceramic White 672A and Yellow 1 800 EA L$3.S6 / EA $boa oa Unit Price In Words Raised Pavement Markers -Reflective White 672B and Yellow 800 EA Unit Price In Words �� y�. Eliminating Existing Pavement Markings and 677 Markers 3768 LF $ O. S-n / LF $ ���Y, bo Unit Price In Words r 2112/2003 P 4 Asphalt Option Malone Street -Urban Street Program Improvements CSJ #0918-46-106 BID TABULATION SHEET Work Days 90 Bid No. 2925 P.O. No. 678 Pavement Surface Preparation for Markings 3768 LF $ (j •aS' / LF $ %`%, Oo Unit Price In Words 3146 Quality Control/Assurance of Hot Mix Asphalt 1 7125 JTN I $ 36. So / TN J$A/7 3l>,50 Unit Price In WordsA // d r t S 5866 JADASidewalkRarnps/ 42 EA $ SSD, W / EA $,�3 /ob.� / Unit Price In Words �;i� i�/ A:, Total Asphalt Bid Price Is �/y / Sa . 9b Total Asphalt Bid Price in Words: $ l J 2/12/2003 P 5 Concrete Option Malone 'Street -Urban Street Program Improvements Work Days 90 Bid No. 2925 CSJ #0918-47-939 BID TABULATION SHEET P.O. No. _ � r 1765 LF $ Aou / LF Is 35 a o� 104A Removing Concrete Curbs Unit Price In Words s 104B Removing Concrete Driveways 300 SY $ /0• a o / SY $ 3m0.�� Unit Price In Words ,//� 104C Removing Concrete Sidewalks 1 250 1 SY I $ /0. b o / SY $;Svb. m Unit Price In Words cPo z�/o 110 Excavation 2000 Cy $ 7, b U / CY $ jgb60.0v Unit Price In Words 260 Lime Treatment for Materials Used as Sub ade(Road Mixed 1 17422 SY $ / SY Unit Price In Words 4//,r 260 Lime (Ty A)S ,(Ty B) Slry or (Ty C) Slry 280 TN $. bu / TN Is-1-3hb u. vL> Unit Price In Words 305 Saly, Haul, and Stkpl Rclm Pav 1 17165 1 SY Is /. ? o / SY $�911to. Sa Unit Price In Words v. 315 Emulsified Asphalt Seal 5000 GAL $ /, Ste- Unit Price In Words 360 Concrete Pavement 17165 SY Is / SY o b Unit Price In Words2, v 479A Adjust Manholes 17 1 EA $ 025,0. b o / EA $ z, Unit Price In Words 479B Adjust Inlets 7 1 EA $ 0 0 / EA $/J you, oa Unit Price In Words 479C Adjust Valve Boxes 25 EA $ P45-a, roJ / EA $ c Unit Price In Wordser J 2/1212003 P 6 Concrete Option Malone Street -Urban Street Program Improvements Work Days 90 Bid No. 2925 CSJ #0918-47-939 BID TABULATION SHEET P.O. No. $ no 500 Mobilization 1 LS $ 65on•M'--' / LS Unit Price In Words �, o/Ir is e.- ( 502 Barricades, Signs, and Traffic Handlin 5 MO $ /aSd. oa / MO I $ p,ov Unit Price In Words �te,-e�ce+.5 529 Concrete Curb and Gutter 1 1765 1 LF $ /6, o o / LF IS 17to56. p0 Unit Price In Words .?-- do //� 530 Driveways and Turnouts 300 SY $ 33.E / SY $ ,-K v Unit Price In Words — 441 //� 5ev 531 Sidewalks 250 SY is ,S5 / SY $ ,,L S0 Unit Price In Words 666 Reflectorized Pavement Mar ' gs- 24"Sto bars 120 F LF $ 9,60 / LF $ 08o•oD Unit Price In Words 672A Raised Pavement Markers -Ceramic White and Yellow 800 1 EA $ -' • So / EA $ �db vc Unit Price In Words 672B Raised Pavement Markers -Reflective White and Yellow Soo EA $ / EA $ o.00. / Unit Price In Words �'d L,-- / ,L 677 lEinating Existing Pavement Markings and falr1ffikers 3768 LF $ 0. 5,0 Unit Price In Words 2fr clAX/ �4- Z2 678 Pavement Surface Pre aration for Markings 3768 LF J$ 0. l LF $ gym o Unit Price In Words 5866 ADA Sidewalk Ramps r 42 1 EA is SSa. 90 / EA $231 W, ao Unit Price In Words - LlQ kzl, 1-141. "y6 Total Concrete Bid Price $ Jy R Total Concrete Bid Price in Words: $ 211212003 P7 J J 4 ,.a c h Urban Sheet Program Malone Bid #2925 CITY OF DENTON CSJ0918-46-106 Award of the bid will be based on the total bid. PROJECT 1. Malone Asphalt Option 1.It.41: 90 Calendar Daps ME $ y`%S�l Sa • 90 2. Malone Concrete Option 90 Calendar Days $ 9Q,, The award if made shall be to the lowest responsible bidder within 90 days after the opening of the proposals; but in no case shall the award be made until after investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. See: North Central Texas Council of Governments General Provisions ITEM 1.13. AWARD OF CONTRACT AND COMMENCEMENT OF WORK Urban Street Program -Malone Bid ti2925 CITY OF DENfON CSJ091846-106 Project Total Cost = $ '/`/S /SA, ?b MATERIALS TOTAL $ 23-7 qn, ;S�d $00-7,715 yo EXAMINATION OF SITE: By signing the Proposal Form, contractor acknowledges he is an authorized representative and has examined the site and is aware of all field conditions, which may affect the work. TAXES: Tax shall not be included in your bid. The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: All work is to be started and completed within 90 (ninety) calendar days. Calendar days are defined in the Supplementary Conditions. If a contractor is awarded the project, the project must be completed within the dates shown above or the contractor will be subject to liquidated damages as set forth below. A working day is defined as a calendar day, in which weather or other conditions not under the control of the company will permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M. The undersigned agrees that the Owner may retain the sum per the General Provisions, paragraph 1.36 from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the Owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. The Schedule of Liquidated Damages is set forth in the Special Provisions 000- 2693. Urban Street Program — Malone Street Bid #2925 CITY OF DENTON CS1091846-106 SALES TAX Materials that are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the City of Denton, which separates charges for material from charges for labor. The contractor is expected to execute a resale certificate instead of paying the sales tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project. If a contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the contractor for sales tax. A. Total Labor..............................................................................................$ yo B. Total Materials.................................................................. $A371437.5's