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Home My WebLink About1999-061ORDINANCE NO 91--6)CP AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW WASTEWATER TREATMENT PLANT ROAD AND WEIGH STATION SITE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AND EFFECTIVE DATE (BID #2332 — MAYHILL AT WASTEWATER ROAD IMPROVEMENTS AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $191,881 05) 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 2332 JAGOE-PUBLIC COMPANY $191,881.05 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 famishing 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 tlus ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the /pid day of `1)t&A.� ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2332 - WASTEWATER ROAD IMP CONTRACTUAL ORDINANCE ATTACHMENT # 1 TABULATION SHEET Bid # 2M2 Date 1/21/99 MAYHILL ROAD BOX CULVERT 1 Ma hill Road Box Culvert $104 005 00 $71 653 00 2 Wastewater Treatment Plant Road $119 984 05 $188119 00 3 Weigh Station $66 072 00 $110 641 00 4 Ma hill Culvert Alt 1 $21 562 00 $18 930 00 5 Ma hill Culvert Alt 2 $5 350 00 $2 100 00 6 Ma hill Culvert Alt 3 $4 325 00 $1 000 00 7 Wastewater Treatment Plant Rd #4 $5 825 00 $2 500 00 Total Item 1, 2 & 3 $290,061 05 $368,413 00 mil Y / d w Y OBI d ICI �� 4VOtl i11W.VN CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2 day of MARCH A.D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC COMPANY P.O. 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 # 2332- MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS in the amount of $ 191,881.05 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CN:MI 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 DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written MMIMV� =� A APPROVED AS TO FORM --f .1I,..1 t ,le AW •''� ME CONTRACTOR MAILING ADDRESS -Fqo) 3el —258/ PHONE NUMBER C 9yo> 3 82 17 S Z FAX NUMBER, �/UMMB/ER / 0- /. `^' BY / (I . l / /Y "'� ' 1 Ica ge:, c�Q.47Y TPTLE Y,� i i elk cle-K PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY, whose address is P.O. BOX 250, DENTON, TX 76202, hereinafter called Principal, and ASSOCIATED INDa1Nn COAPM71ON , a corporation organized and existing der the laws of tfie Siate of TEXAS, 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 ONE HUNDRED NINETY ONE THOUSAND AND EIGHT HUNDRED EIGHTY ONE and no/05 DOLLARS ($191,881.05) 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 99-061, with the City of Denton, the Owner, dated the 2 day of MARCH A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2332 - MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS. 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 2 day of MARCH 1999. ATTEST PRINCIPAL BY SECRETARY BY Ucf PRESIDENT ATTEST SURETY BY ��, � ASSOCIATED INDn1Nn CODPC^'',OPI (�'(L Y10� ��_ BY L& ffiaJ ,ATTORNEY -IN -FACT s Ma.vA wonuQ.r The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME WILLIS CORROON CORP nuc n e t t oot A 01nwrnn STREET ADDRESS DAAS, TEXAS (NOTE Date of Performance Bond must be date of Contract !f Resident Agent is not a corporation, give a person's name) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY, whose address is P.O. BOX 250, DENTON, TX 76202, hereinafter called Principal, and ASSOCIATEDINDEMN2Y, a corporation organized and existing under the laws of the State ofTEXAS, 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 ONE HUNDRED NINETY ONE THOUSAND AND EIGHTY EIGHT ONE HUNDRED and no/05 DOLLARS ($191,881.05) 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 99-060, with the City of Denton, the Owner, dated the 2 day of MARCH A.D. 1999, a copy of which is hereto attached and made a part hereof, for BID # 2332 - MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS. 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 MARCH 1999 ATTEST BY �10 cam/ /^- l/L>Z SECRETARY/ ATTEST PRINCIPAL n BY VI(E SURETY ASSOCIATED INDEMNITYCONPG' 'CAI BY I''r' 'if%�.t ( ►.l'. ' ATTORNEY-IN-FACII - '• • . on The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is mirr.rs CORROON CORD NAME STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract corporation, give a person Is name) 2332 CONTRACT & BONDS & INSURANCE If Resident Agent is not a FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That FIREMAN S FUND INSURANCE COMPANY a California corporation NATIONAL SURETY CORPORATION an Illinois corporation THE AMERICAN INSURANCE COMPANY a New Jersey corporation redomeshcated in Nebraska ASSOCIATED INDEMNITY CORPORATION a California corporation and AMERICAN AUTOMOBILE INSURANCE COMPANY a MISSoari corporation (herein collectively called the Companies ) does each hereby appoint ROSEMARY WEAVER AND JOHN R STOCKTON OF DALLAS TX their true nid I iwful A(tomev(s) in Fact with full power of authority hereby conterred in their name place and stead to execute seal acknowledge and delver any and all bonds undermknitn recocnizances or other written obliganons In the nature thereof ------------------------------------------- and to brad the Companes thereby as fully and in the s tmL extent IN if such bonds were signed by the President scaled with the corporaic WAS of thL ( onto inns and duly attest-d by the Companies Secretary hereby ratifying and Lonhrmmg all that the said Attorney(s) m Fact m n do In the premises This power of morncy is granted under and by the authority of AmLle VII of the By laws of FIREMAN S FUND INSURANCE COMPANY NAI IONAL SI IRl TY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY whnh provisions are now in full force and LfteLt This power of attorney is signed and sealed under (he authority of the following Resolution adopted by the Board of Directors of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held or by wrawn consent on the Inch day of March 1995 and said Resolution has not hLLn amended or rcpLAled RESOLVED that the signature of any Vac President Assistant Secretary and Resident Assistant Secretary of the Companies and the seal of IhL Companies may be affixed or printed on any power of attorney on my revocation of any power of attorney or on any LemfiLate relating thereto by IdLstmde and any power of attorney any revocation of any power of a(mmey or certthcate bearing such facsimile signature or facsimile seal shall he valid and hnidmg upon the Companies IN WITNESS WHEREOF the Compan es have caused these pee (s to be signed by their Vice President and their Lorporate seals to be hereunto dhxed his 1 / day of December 1�9� N a nl, C COMPANY FIREMAN S FUND INSURANCE �)Pwoppq`�eLru„co ire Fps 1sso,��„F�y,, petLt asp NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ¢? • f REAL 8- ASSOCIATED INDEMNITY CORPORATION Z srara�sro a -_+ •I %2' 'si 5 _ _ y.�`� AMERICAN AUTOMOBILE INSURANCE COMPANY o �ti\/�ygyr opLR�At take �GRIaCE'COzxlolUIS MO'^ umm� B) vu Pres,dem STATE OF CALIFORNIA ss COUNTY OF MARIN On this 17 day of December 1998 before me personally came M A Mallonee to me known who being by me duly sworn did depose and say that he is a Vice President of each company described in and which executed the above instrument that he knows the seals of the said Companies that the seals affixed to the said instrument are such company seals that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my official seal the day and year herein first above written L OCAMPO t Commission tl 1163726 aa e Notary Public - Colifomict g / Mann County My Comm FxpYesNov28 2001 V.I., Pooh, Sills CERTIFICATE STATE OF CALIFORNIA ss COUNTY OF MARIN I the undersigned Resident Assistant Secretary of each company DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full tome and has not been revoked and furthermore that Article VII of the By laws of each company and the Resolution of the Board of Directors set forth in the Power of Attorney are now in force Signed and sealed at the County of Mann Dated the 2 day of March 1999 �P � ,O odW,r'N WP yO,�MI.N stGryO h0 ,o�.1a R(feH ,, � SEAL �A t. Lp r C"�� w • 3 — A < �o ff� • •t 1 saararero D �� - � 2 a Resident Assistant Secretary 360789 11-98 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, 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 provide thirty (30) days prior written notice of cancellation, non -renewal or reduction in coverage • Should any of the required insurance be provided under a claims -made form, Contractor shall [maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or 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 [XI A General Liability Insurance: General Liability insurance with combined single limits of not less than 1,000,000 shall be provided and maintained by the Contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used • Coverage A shall include pretnises, 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 Lumts (CSL) of not less than 1,000,000 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 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 hunts 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 tunes 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 [ ] 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 [x1 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 01 1(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 mad 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 401 01 1(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mad 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 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 J 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 # 2332 TOTAL BID PRICE IN WORDS T.�. See award in the amount of $191.881.05 In the event of the award of a contract to the undersigned, t.:a undersigned will furnish a performance bond and a payment bond fc: the full amount of the contract, to secure proper compliance wi=: the terms and provisions of the contract, to insure and guarantae the work until final completion and acceptance, and to quaranzse payment for all lawful claims for labor performed and mater:a_s 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 t7.=- plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bid prices contained in t _s proposal have been carefully checked and are submitted as ccrrec= and final. Unit and lump -sum prices as shown for each item listed in th-S proposal, shall control over extensions. CONTRACTOR BY 3ozo r4 IA/0�� Av, Street Address DIS" , T,ra s 7 G z o z Czty and State Seal & Authorization (IP a corporation) r9jla� 3�'2-2�� Telephone B - 1 BID# 2332 BID SUMMARY PROJECT WORK DAYS BID 1 Maylull Road Box Culvert 2 Wastewater Treatment Plant ?toad 25 $ / /g 9fy c s" x 3 Weigh Station 10 $ r & / 077 .c 4 Mayhill Culvert Alternate # I 15 $ 21 s6 z 5 Mayhill Culvert Alternate # 2 10 $ IT 35-o tl O 6 Maylull Culvert Alternate # 3 4 $ ?As 0� 7 Wastewater Treatment Plant Road # 4 4 $ S 8zs me TOTAL for Items #1, #2, and #3 as listed above 70 $ .210 e ai ,o f � One contractor will be selected for all items listed above The Bid will be based on the total of Items #1 Mayli ll Road Box Culvert, #2 Wastewater Treatment Plant Road, and #3 Weigh Station as listed above The city may elect to accept bids for Items #4 through #7 as listed above Work days as listed for Items # 4 through #7 will be added to the total if selected The city may also elect not to award Item # 1 Mayhill Road Box Culvert and still perform Item #2 and Item #3 as well as elect to accept the bids for Items #4 through #7 If the city elects not to accept Item # 1, the work days will be reduced accordingly IM Mayhdl Road BID TABULATION SHEET Work Days_35_ Box Culvert Bid No 7ii7 PO No Item IDescription IQuantity Unit Unit Price Total 121 Contractors Warranties and Understandmgs I - LS $ ii 5-0 Oo /LS $ Sa o 0 Umt Pnce In Words 2 13 Flexbase 6" 1 286 SY $ l8 p0 /SY $ 5-1yQ oO Umt Pnce In Words 2 ! tM / 2 12 3-A 18" Class III RCP storm sewer 1 40 1 LF $ q6 00 /LF $ /8yo 00 Umt Pnce In Words lcu o cevF 2 12 3-C 30" Class III RCP storm sewer 4 LF $ 70 00 /LF $ego o 0 Umt Pnce In Words t �s Z� 2 12 3-D 54" Class III RCP storm sewer 8 LF $ IGo oa /LF $ 00 Umt Pnce In Words 0,u // 2 12 3 2-A 8' X 8' Box Culvert (Acquisition of Matenals) 50 LF $2qT 60 /LF I $ /36SC o0 Umt Price In Words o fVC 4Lq�r_% Zees 2 12 3 2-B 8' X 8' Box Culvert (Installation) 65 LF $0285,00 /LF $/$Sa5 o a Umt iPnce In Words � o f a4d Z4,z C-wLs 3 -A Remove Remforced Concrete Pie 1 46 1 LF $ 3o on /LF $ i38o 00 Unit Pnce In Words I do/ anal Zee 3 1 Preparation of Right of Way I LS 1 $ 6000 a o /LS $ 8000 00 Umt Pnce In Words ei „ / 3 3 1 Unclassified Excavation 1 10 1 CY $ / S, O 0 /CY $ / So 06 Umt Pnce In Words Lp ass 37 Compacted Fill 500 1 CY $,P/ oo /CY $/o$oa oo Umt Pnce In Wordsa4L&I)c Q tero 3 107 Hydromulch 1478 1 SY $ /, OU /SY 1 $/y�g o0 Umt Price In Words 0 ILro CeznTIS 12/15/98 P 3 Mayhdl Road BID TABULATION SHEET Work Days_35_ Box Culvert Item Description I Quantity I Unit Unit Price Total 3 12 Temporary Erosion Control - LS $ 350O oa /LS $3Saa o Unit Price In Words {, 2 u 745 Class A Concrete 25 1 CY I $ Spp o /CY $ /gs-06 10 Unit Price In Words er 7 67A7 6-A 5' X 5' 4-sided Inlet t 1 EA $ 3S06 oo /EA $ 3Soo 4 Unit Price In Words p(o/an Ad 7 6-1) Type B Headwall 1 2 1 EA $ /7 do Od /EA $340o 00 Unit Price In Words aae dz-a„ -/a44 zgcr) oe^As 8 1 Bamcades, Warning Signs and Detours I LS $ oo, oo/LS $,P�y<10 C6 Unit Price In Words ,dr 8 1 I -A Metal Beam Guard Fence (MBGF) 1 128 1 LF $moo, oo /LF 00 Unit Price In Words Aes ,-a-=66 8 11-B 25' MBGF Turndown Section 4 EA Is So, Ob /EA $ o0 nn Unit Price In Words A.I. F S SP-4 Waterline Lowering 2 I EA $ 3/o66 oc�/EA $ 7ao o o o Unit Price In Words -/4,ec,1, i a(o ais ZEro Ge. 5 SP-10 Rock Excavation 50 CY $ /U o o /CY $ o 0 00 Unit Price In Words -�p „ gC SP-31 Reinforcing Steel 500 LB $ 3 eo /LB $/5 0o OO Unit Price In Words L4,m a laws oul d SP-37 Excavation Protection 1 260 LF $ -2, po /LF I $ 5,90. 60 Unit Price In Words SP-39 Project Signs 2 EA $ ��UO, DO /EA $ goo po Unit Price In Words &d4 dozLa 0, d zceos 12/15/98 P 4 Mayhdl Road BID TABULATION SHEET Work Days_35_ Box Culvert Item IDescription Quantity Unit I Unit Price I Total SP-43 Asphalt Saw Cut 72 LF $ ,�- 00 /LF $ /Ny 00 Unit Price In Words SP-45 Mscellaneous Sprmkler System Adjustment I LS $ 500 00 /LS $ 504 a a Unit Price In Words , iVZ e't fS Is $ Is Is Is 1 $ $ $ TOTAL S/0y, 0057. 12/15/98 P 5 Plant Road 131U IAt1ULAI IUN SHEET Work Days_25_ Item IDescription Quantity Unit Unit Price I Total 121 Contractors Warranties and Understandings LS $ 3000 o a /LS $ 060 O D Umt Pnce In Words e 0.,E cis 31 Preparation of RihtofWa - LS $3500,00 /LS $35bc 00 Umt Pnce In Words S 3 10 7 H dromulch 2158 SY $ I o /SY $�,,Zn oo Umt Pnce In Words and 3 12 ITemporary Erosion Control LS /LS $3Soo co Umt Pnce In Words ;zg,--b,3 ;1SY e Treatment of Sub ade 4114 SY $ 92'g 00 Umt Pnce In Words a 12/3/98 P 6 LS = LUMP SUM Plant Road Uw u IMouaI IUN ahtt i work uays_25_ 12/3/98 P 7 LS = LUMP SUM Plant Road Ulu I AtSULA I iUN ar+tt i Work Days_25_ 74 /if - a AA. !' uaL . , 11/3/98 P 7 S LS = LUMP SUM Weigh Station BID TABULATION SHEET Work Days_10_ 10/16/98 P 8 LS = LUMP SUM Weigh Station BID TABULATION SHEET Work Days 10 Item Description Quantity Unit Unit Price I Total is $ 10/16/98 P 9 LS = LUMP SUM Mayhill Culvert Alternate # 1 BID TABULATION SHEET Work Days_15_ Item Description Quandty Unit Unit Price Total 2 12 3-A j 18" Class III RCP storm sewer U t Price In Words 2 12 3-B 24" Class III RCP storm sewer 10 LF 0. 00/LF $5Do 06 Unit Price In Words tl ewer 101 LFD. o 0 1LF $ 7010 0 0 U t Pnce In Words / 2 12 3-1) 54" Class III RCP storm sewer 63 1 LF $ /W oo /LF $ /0080 o 0 Umt Price In Words ,/� zpw^$ zee 3 - B 18" RCP Removal 47 1 LF $ 0 0 0 /LF $ /yl 0.00 Unit Price In Words LF 1 $ o 0 0 /LF $ o 0 0 0 3- C 24" RCP Removal 10 Price In Words -,W' 7 6-B-2 16 1 Safety End Treatment (18" Pt e) I I EA $ // O, oo /EA $ Unit Price In Words a La, 7 6-C 18" X 30" Wye 1 EA $ 00 00 /EA $5$-00 OO Unit Price In Words -A it A..,..1 j a_,l_ j TOTAL Oo 10/16/98 P 10 LS = LUMP SUM Mayhill Culvert BID TABULATION SHEET Work Days_10_ Alternate # 2 10/16/98 P 11 LS = LUMP SUM Mayhill Culvert DID TABULATION SHEET Work Days_4 Alternate # 3 10/19/98 P 12 LS = LUMP SUM Wastewater Treatment Plant Road BID TABULATION SHEET Work Days_4_ Alternate # 4 10/19/98 P 13 LS = LUMP SUM AGENDA INFORMATION SHEET AGENDA DATE. March 2, 1999 Questions concerning this DEPARTMENT Purchasing acquisition may be directed g to Howard Martin 349-8232 ACM- Kathy DuBose, Fiscal and Municipal Services SUBJECT, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW WASTEWATER TREATMENT PLANT ROAD AND WEIGH STATION SITE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 02332 — MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS - AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $191,881 05) The City of Denton intends to construct a new entrance at Mayhill and the existing Wastewater Treatment Plant road The entrance was designed by the City of Denton Engineering Department This new design will eliminate a very difficult intersection for the Solid Waste vehicles The weigh station asphalt paving is a planned infrastructure improvement for the landfill expansion This area will be used as a control point for the general public entering the landfill y ��uu dui:_ • We recommend approval of the bid and award of a contract to the lowest bidder, Jagoe-Public Company, in the amount of$191,881 05 for bid items 2, 3, and 7 (alternate 4) ESTIMATED SCHEDUE OF PROJECT: This project is scheduled to begin March 1999 and to be completed June 1999 FISCAL INFORMATION This project will be funded from Solid Waste Bond fund accounts (634-024-CO96-805D-9003 and 634-024-CO96-806D-9003) This bid is for the construction of improvements to the entrance of the Wastewater Treatment Plant and asphalt paving at the weigh station site Originally included was Installation of approximately 60-feet of 8-feet by 8-feet box culvert on Mayhill Road That portion has been deleted due to the high -bid price City work crews will perform this work at a later date The project still includes approximately 4,000 square yards of 6 %:-inches asphalt paving, 1,500 square yards of 8 %-inches paving on the road, and approximately 3,300 square yards of 8 %:- inches paving at the weigh station site AGENDA INFORMATION SHEET MARCH 2, 1999 PAGE 2 OF 2 Respectfully submitted Name Tom Shaw, C P M , 349-7100 Title Purchasing Agent Attachment #1 Tabulation Sheet Attachment #2 Location Map 1192 AGENDA DATB (MM-MQ" PRODUCER (940)382=9691 FAX (940)243-1U5U ,mo vua „r,v,.,�w,v....�....—........ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Camay d Kin Insurance 9 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 630 South I-35E, Suite A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denton, TX 76205-7829 COMPANIES AFFORDING COVERAGE Eituminous COMPANY Alto Ext A - Yexas Work Comp Ins Pund INSURED )agoe Public Company, Inc. COMPANY Bill Cheek P 0 Box 2$0 COMPANY C Denton, TX 76202 COMPANY D OWNS THIS 0 TO Can 11PY "AT THE POUCIBB OF INSURANCE LISTED BELO W WE SEEN mSUEO TO THE INSURED MIMED ABOVE FOR PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN S SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICES UNITS KNOWN MAY HAVE BEEN REDUCED BY PAID CLASIB _ CO ~ TYPE OF INSURANCE POLICY NUMBER LTR OPOLICY MRECTIV PGTH IMMmOAYN LIMITS GENERAL L4181LITY GENERAL AGGREGATE f 2,000,000 d X COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOP AM f 1 t 000 t 000 A CLAIMS MADE 'X IOCCURCLP2302758 10/Ol/1998 10/01/1999 PERSONAL &ADVIJURY f 1,000,000 OWNER'S A CONTRACTORS PROT EACH OCCURRENCE i 1,000T0001 ei PREDAMAGEpma»Sn) 50,0001 ds MED EXP(AnyORXSX) 5,000 AUTOMOBILE LABILITY X ANYAUTO COMBINED SINGLE LIMIT f 11000,0001 I BALL OWNED AUTOS BODILY INJURY f P'w Pw�on) p AUTOS8 SAP2542947 10/Ol/1998 10/Ol/1999 X HIRED BODILY INJURY f X NON -OWNED AUTOS G BOe PROPERTY DAMAGE f AUTOONI.Y EAACCDENT f OARAOB tJABILTTY ANY AUTO OTHER THAN AUTO ONLY Mow ` EACH ACCIDENT f d AGGREGATE f ;W"=UAWTY BACH OCCURRENCE f 11000,000 A X UMBRELLA FORM CUP2524882 10/01/1998 10/01/1999 AGGREGATE of 1,000,000I OTHER THAN UMBRELIJI FORM -- f WDMMBCOM TIGNAND EMPLOYERS' LIABILITY %� 1 LIM 8 � ER KM` ` EL EACH ACCIDENT f 1,000,000 B TSF0001082310 THE PROPRIETOR/ 10/01/1998 10/01/1999 EL DISEASE Poucv UNIT f 1,000,000 � 1NCL PARTNERBIE%HCUTNE . SL DISEASE EAEMPLOYEE f 1.000.000 DW0'4AG[ Iris"D `°2ffrRR'Wf ,"ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS -BID 2332-14AYHILL ROAD AT WASTEWATER ROAD IMPMROVEMENT POLICIES WILL NOT BE CANCELLED, NON -RENEWED OR MATERIALLY CHANGED ITHOUT A 30 DAY ADVANCE NOTICE TO OWNER "XCEPT NON-PAYMENT IN WHICH CASE THERE WILL BE A 10 ITAY NOTICE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL 1100006M IA UL 30 DAYS WRITTEN NOTICE TO THE CERTIP LATE HOLDER NAMED TO THE LEFT CITY OF DENTON 901E TEXAS STREET X%G6X XiBBW DENTON, TX 76201 TNOR ZED RBP BBNTAswe