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HomeMy WebLinkAbout2001-006ORDINANCE NO -e AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER LINES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2576 —UNDERWOOD PHASE II SANITARY SEWER LINES AWARDED TO ZEISS UTILITIES, INC, IN THE AMOUNT OF $238,092 20) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and, WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2576 Zeiss Utilities, hic $238,092 20 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, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein 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 � day of , 2001 2.C'�1' L EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2576 - Q6NTFXCTUAL ORDINANCE 8-2001 R fu 0 W LU 0 � 0 NI w Z m D Z O 186 U ~ Loo 0)¢� 0 w 'Z H rn > m OO 00 O U u. Z fn Z 0 O W O m M N J W W Q Z ~ W O Cl) 0 W 000 Cq } W J O W m O FCD Z 1- 2 0 Q H O } O O 69 U Z F o O Z � co W Z CL — cM } ' sa ss�t ,srs n w }f318„}ct y Z O sf m Q ��dJt) tn43 Idd}( 0 Q G � � m tt ryry� 0 ms�q}u�ts S� CL 5{#� �ih}pp "n'A CD Y• d 7�9Ynd�^ it Z O H �( LO N 4 C# w Z co w U 00 U !n ~ N e W Z W J N � W J O M W } m Lu ~Q W H N O W J N } j M L W O J N Z f_ am LO Z Z Q O M Q Z m F Ln O J co O F- v W } d W M 0 v> i ti G c m C rr 3 m m i 5 -! O G U m O~ 0 s a r �- N CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2_day of 7amiar A D , 2001, by and between City of Denton _of the County of Johnson and State of Texas, acting through Michael W. Jez thereunto duly authorized so to do, hereinafter termed "OWNER," and 755 N Burleson Blvd C3 Mailing Address P O Box 578 Burleson, Tx 76097-0578 Burleson, TX 760 R of the City of Burleson , County of Johnson and State of Texas hereinafter termed "CONTRACTOR " WITNESSETH That for and in consideration a payments and agreements hereinafter mentioned, to be made and performed OWNER, and under the conditions expressed in the bonds attached hereto, CONT CTOR hereby agrees with OWNER to commence and complete performance of the wor specified below Aid 257h - 11nderwnnd Phase 11 Sanitary Sew Lines in the amount of $239 09220 and al extra won connection therewith, under the terms as stated in the General Conditions of the ent, 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, CA - 1 and the Specifications therefore, as prepared by all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract Ce7:wj IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ¢�K_ / ATTEST APPROVED AS TO FORM — zln"— CITY ATTORNEY CA-3 (SEAL) ZEI ss u+, i,+1es CONTRACTOR Ra Stvl578 ISURIFSOA) ✓X 7(0099-O5y MAILING ADDRESS (917)ya& -Y039 PHONE NUMBER (Sid) ya&-yo5l FAX NUMBER BY n� TITLE (SEAL) &Dr -lam � -I SsU,c, PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Zeiss Utilities whose address is 755 N Burleson Blvd C3 Burleson TX 76028 , hereinafter called Principal, and Co,0 4ol zrdPmnit-u Corpora- ' Q� , a corporation organized and existing under the laws of the the S� lils , 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, in the penal sum of Two Hundred Thirty Nine Thousand Ninety Two and 20/100 DOLLARS ($ 239,092 20 ) 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 2001-006, with the City of Denton, the Owner, dated the 2 day of January AD 2001, a copy of which is hereto attached and made a part hereof, for Bid # 2576 - Underwood Phase II Sanitary Sewer Lines 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 the 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 PB-1 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 copies, each one of which shall be deemed an original, this the _day of January 2001 ATTEST BY SECRETARY ATTEST BY SURETY Gapito ndemnv„ I�,, porntion BY ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME 8i+FATWM0NINSURAN0@ STREET ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PB-2 (Dodd --'1r1s st'C) PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Zeiss Utilities , whose address is 755 N Burleson Blvd C3, Burleson, TX 76028 , hereinafter called Principal, and C-Cinttok -Tr erl-)V-6 ill rpZ)Co:` (fa, a corporation organized and existing under the laws of the State of Wes, 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 Two Hundred Thirty Nine Thousand Ninety Two and 20/100 DOLLARS ($239,092 20) 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 2001-006 , with the City of Denton, the Owner, dated the 2 day of January A D 2001 , a copy of which is hereto attached and made a part hereof, for Bid 2576 - Underwood Phase II Sanitary Sewer Lines 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 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 copies, each one of which shall be deemed an original, this the 2 day of January , 2O(11 ATTEST BY SECRETARY ATTEST BY &" `AfItD PRINN/JCCIIIP� AL BY -PR SEC/l�ocl�t¢tiJ SURETY Cdpitol kdomnity Cor orati n BY � )f_ ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) I' C KIWA4, INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900 PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 537050900 PHONE (608) 231 4450 • FAX (608) 231 2029 POWER OF ATTORNEY No 565541 �< N Thet the,, A�'tTQL INi+► t � C0,�Tto a and ora n pf'Sh $t tq sip, >�i� k,offlose In the urty of MoO n GprN' (n)' Q smmI constittute sh appoint ��IJill ,.,-A ........ vY, � t ILA & �t OZAZ �THDEAL OR DONAL AOLV--�-.._'.,_�.�..,� 1' ��;i�r�' 'i'' I, u�a`fi`�v���yk i �,'L �� �i 'I'Ii4�'mi��loi'IWI�"�ti'3. �1 � iP �I''Ii Ii :3�tilfe and iaw�a 3 ti�r�n1p 111 � ��, d l a deer for and oo it$4�oIYalf,,as� spl Y, a as its act and deed any and } all ot4uhstyrship, provided that no bond or undertaking or contract of eutbtyship axe 01 ri1 7n mu .-....... �...B A ..,xlWMfr.«�n s.�«AMw..-R.rrvm O h "ng lrt da t d b d V ?Ir to ��t,I,� PITC24?'4 ReWotio11 on the 5th Say ofY` t' IN VNt Ito O\fcar trn< Attest STATE OF W Ort the CA0ITO�►NI by orde rdt, th t � i �t'iE C)� •C \f IIIAII sus ilihneI Vim I,y� I.� ,.'9 l'; l''ulrv. ,I If p '� '`�N�'gll `i �$��oh � ' ' "f '1"mr�� ,� �;�ilu„0„ ,• i 09M rr7 Iry�yiil, ii li ,Ile ii0 e L Stull 0li „ ot,ftN!WYIv fled. Al sum of Ivwqp ...... ..........._.---------.--.._-. trade under and by the authority of the following RPOPITION at a'rneel duly called and held ildlwally or otherwise, be and they pal are granted the power Ig bonds and undertakings and�stherwrl#dgs obligatory in the each appointee to have the powers and ubas usual to Such ry be affixed to any such power of attorney or to any certificate ,i natures or facsimile seal shalt be valid and binding upon the ahl0 Valid and l7lndmg u0gj 1 e Company in the future with tPb a , Any such at pamkMal they be re%ohed, for cause or 4114 has ceuped these presents to be signed by fed by its Secretary, this `IaIk day of June, 1999 CAPITOL INDEMNITY 6ORPORATION r F Caor all, Promoept to mer Known, who beln by ma duly oor5sln, thst 6, 9 is the rtlsrdent of cut6d the InStrirrrient. that he t Instrument Is, 000h corporate eeAl; Mail it Was so affr>,tE aignsid hipnatiol'thersla by like otdiel ,V a san> k t �rt3irea t' NptarY i+pbtrd Ggiie 6a WI'. �w M y comrnlaelan �xr�t�e r� m3 rr6a Jill '' � �gpul'er�ral rTlrMllra,N";', '�`aa. Wpp rri ht h)%nd dtnerApr*,'Io ro#,`PhQt t riton copies dofr'yhlr�,por �tto I dlra�rp,;ane onPer et'ihe 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 fads to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, 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 road: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERL4LLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 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 %1.000,00(1 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 10.000,000 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 ansing 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 hisured 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 anse 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 [ ] 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 ATTACHMENT 1 [X] Worker's Compensation Coverage for Budding 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 marl 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 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 401011(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 Bid 2576- Underwood Phase 11 Sanitary Sewer Lines - CONTRACT, Bonds & INS 1-2001 BID SUMMARY TOTAL BID PRICE IN WORDS CWP 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 Z 61ss Ui'tcrf rs. CONTRACTOR BY 13ZI,+W AI Ff l 755 itl 13uair so,.t & VD 63 Street Address &)PKXSQ.V 'rx 74oz 8 City and State Seal & Authorization (If a Corporation) 8j7- gZG'yo3`i Telephone M1 Underwood Phase II Work Days 65 Bid No 95'710 BID TABULATION SHEET PO No Item Description I Quantity Unit Unit Price Total 121 JJ Contractors Warranties and Understandings I LS I $ Q8W / LS $ 2686 of Unit Pnce In Words - gm5i GerCA 2 12 A 6" Sanitary Sewer 486 LF $ co / LF 1 $ 87118 00 Unit Price In Words Q+O CPm4O 2 12 B ►8 8" Sanitary Sewer 4489 LF $ oo / LF $ ry� Unit Pnce In Words 2 12 C 10" Sanitary Sewer 1422 LF $ a0 c* / LF $ of U O na JJ Unit Price In Words uu&o oyj Cr<' 2 12 D 10" Ductile Iron Sanitary Sewer 3_0_ LF a/5LF $ %SD ,.$ Unit Price In Words d&o off Aw 3 A Remove Concrete Pad I EA Is 6O c EA $ 300 vo ` ,•' - Unit Price In Words � �/✓ {�taA do W 07/, 3 B Remove Concrete Pavement and Valley Gutters 50 so SY $ /00 rs/ Unit Price In Words 61N�i3O 04 3 C Remove Concrete Rip -Rap 3 SY $ /00 / SY $ 3co / Unit Price In Words .1, 3 Preparation of Right of Way - LS Ai $ 000�}- / LS eJo $ /000 ,,�e,,(( � � // ////-- ..__ Unit Price In Words 0/JZP�iU1G�i/R W4:;/W40 a-n �/lGLll 3 9 Sod 175 SY $ .2 SY $ 7 �f Unit Price In Words "d - ejnZ- 3 10 4 Broadcast Seeding 287 SY $ 35- / SY Is 387 4S """" UnitPnce In Words Q �tGG7! 3 12 Temporary Erosion Control LS pc $ 2000 / LS Ou $ 2000 Unit Price In Words D 8 A Concrete Pavement 6" (Valley, ) SY Is 27 Co / SY Is &Z � ,Gutter —iW ////�,6 Unit Price In Words 14Arf//LfsS �h G A0/40-15k" C 9/19/00 P 3 Underwood Phase II Work Days 65 Bid No Ito BID TABULATION SHEET PO No Item I Description I Quantity jUmtj Umt Price Total 5 8-B Concrete Pavement 8" (Street) 1 44 1 SY $ 3& O. / SY Is 1584/ of Unit Price In Words t!e 7 6-A Concrete Manhole (4' I D 1 7 1 EA Is 300 �� / EA $23 $LYE Unit Price In Words C7 (;Y.9'tx0 7 6 B Concrete Manhole (5' I D) 1 -3 .2 1 EA GJ 3704 / EA e$ Unit Price In Words aktQ GVl�( 7 6-C Drop Manhole (4' I D) 2 EA Is $D00 v� / EA j $ /D 00o eJ Unit Price In Words d 7 6 D f&AI Drop Manhole (5' 1 D) $ Q00 O6 / EA Is 6666 on /SEA J'.& / Unit Price In Words 6&lC!/yGt C. n4- 7 6-E Rebuild 5-Foot Manhole I EA $ — / EA $ -- Unit Price In Words 8 i Barricades, Warning Signs and Detours LS $ 21 0p000 / LS Is occo� Unit Price In Words 2G0 8 14 Miscellaneous Fence LS �� $ 1,� / LS ec $ /pop Unit Price In Words 8 t5 Concrete Rip -Rap 3 1 SY Is /00 co / SY a. Is 300 Unit Price In Words (J - Flo WS 18 Sanitary Sewer Service ys EA $ /SQd 00 / EA Unit Price In Words -eeo alit- WS 27 Remove Manhole 3 EA $ %Da 00 / EA $ 3600 o A Unite Price In Words 0 �l� ?rtp evi WS 30 Break Into Existing Manhole I EA $ /000 00/�E�A Is/Ow 0P Unit Price In Words G2�� �Q C so SP 2 Concrete Saw Cut 182 00 LF $ 3 LF CD $ SW Unit Pnce In Words -&ZO ll 6Gf 9/19/00 P 4 Underwood Phase II Work Days 65 Bid No a5'1lo BID TABULATION SHEET PO No Item Description I Quantity jUnItl Umt Price Total SP-8 Abandon Exishn Manhole 1. EA $ of / EA $ ZSDD ov Unit Price In Words C?ZK SP-10 Rock Excavation 50 CY Is /C0 oL / Cy $ S of Unit Price In Words 0/J/p' and(mil SP-37 Excavation Protection 3032 1 LF $ oo / LF $ D32 00 Unit Price In Words SP-39 Project Signs Unit Price In Words SP-40 Cut and Plug Existing Sanita Sewer 11 EA $ ap °° / EA $ 220 00 Unit Price In Words SP-43 As halt Saw Cut 6455 LF $ a °U / LF I $ Unit Pnce In Words U&Q 6"56- SP-45 Miscellaneous Sprinkler System Adjustment I LS $ SDO 0c / LS $ Sd o0 Unit Price In Words SP 49 Remove lV Abandoned Sanitary Sewer 30 LF $ ,?D 0J / LF $ Unit Price In Words $ / $ $ / $ $ / $ is $ TOTAL 2 3 8 09Z. zO 9/19/00 P 5 FEB 13 01 (TUE) 17 49 CITY OF DENTON PURCHASING Fab-08-01 09:34A 940 349 7302 PACE 1/4 P.01 %AC�1$/a CERTIFICATE OF LIABILITY INSURANCF,�� � °' 24R � l PRODUCER THIS CMWMWN III OWNWIED Aa A MATTER a FORMA ONLY AND CONPPae No RIdWf% UPON TM ICI; nFIOATE eons • Wmroe (VAT) HOWER, THIS CERTIFICATE DOHS NOT AMEND EXTEND OR 204 billings 4110 ALTER TWO COVERAGE APPORDSD av THE P041CIHS faLm Arlington T% 766SO Bhonws417-B4D-Sp35 INSURERS AFFORDINGCOVHR F A 011ielRD, INSURLRA Mid-continent Casual t C _ MSIaPRa Mutual el� 6gff Yip Lim IRsarany I am son INSURER _ rl.eson TX 76097 MaUREAL 1 ANY nioummKNl 7YPi DPI POLNIYM OM MLMMLITY A X Cawwr4LALOM CMNRNY 04-GL-40813 Cwwi AIAOROCCUR WIWL AOORSMTF I wr APM"Palr ANTDNIMII F I momm AWAU7D &I. wmr.0 AUTOA SCNOOIAi0AUTOS INUIDAUTC3 N0440MMCO AUTOS _I ANYAUTO 101011111 6WAL17V OLcm CIAM118 MAOC OFIIuCTeLC Nh7SNTION a A I alkt 11414141dose aiah I BP63081 TO VAIICN THIS CCRTH WE MAY OD IAAV00 OR TNa TCMAO w%wanNM Amb ADNDIVNNw DY AIA.N MCN OOCIIARFRCC 11$500,000 12/02/00 12/02/01 TnE0AhW.LWVY &. i100 006 MFDFuw(hry Ym F62. ,000 rrNaONAL aAW K`UNv 09, 000 # k4AOOACMTF ,0D0,0 rRuuul.IN LUMYpP DOv 0u IN6U:MOLE LAMP i ( AIIwN1A11 rPI �nM 111RY I a - BODILY ODURV Iry w dNY) Ddi S��i AUTO MaV AA ADD i WigVoPqNLV RNMI aA At i i FAIN OCOUMCW's Jim _ AI.ORCOATf_ i _ F Os/13/001 05/13/01 CL P"M II Y C L WFF!SC EA EISPUN4111 S E L DIAEApt I W UDY LMI a City of Denton, its Officials, agents, SaCplaywas and Volunteers axe named as additional insured on the above OIL peliny Amid policy shall not bo caneelle nonreneved or Arterially change without 30 days advahoed writtaR notice being "van to the WROX(nity) I►%Cept wbsn the pslivy is being cancelled Cur nonpayaent of P* MiUM in which ease 10 days advance written notice is raguar 1,000,000 CDzhvmaNOULDANYaF TW ARMRIi OMSiMIWIPMI.ICIFa ee CWCMLLiF iiRORi TNi iSPRiATaR DATE 7NMmF, no MUINO INAMM WILT. bmiAUOR TO MAAJw— TMI DAYS wRR City o! Denton M MIYOTNPMRTIRCARINOMRNAMSD70TNEIPPT BUT tAwwwT000 so 100", 901 a Toms at IVPGK NO MAGAMN OR URRILITY OF ANY KMUPON VIS 114,RM ITS AOWTAON Denton 76901 RVMM a THISI (�i�sal ACo RATION Is® �1Lt© t1tq 1)Ic) I I