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1999-333 ORDINANCE NO 7~-~..~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR TIlE RELOCATION OF WATER AND SEWER LINES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDiNG AN EFFECTIVE DATE (BID 2402 - ARCHER TRAIL UTILITY RELOCATION AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $331,707 40) WHEREAS, the Caty has sohclted, received and tabulated competlnve bids for the construction of pubhc works or unprovements an accordance w~th the procedures of STATE law and C~ty ordinances, and WHEREAS, the Caty Manager or a demgnated employee has received and recommended that the herean described Nds are the lowest responsible bads for the construction of the pubhc works or amprovements described m the bad lnvatataon, bid proposals and plans and specaficatmns therean, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the followang competatlve bids for the constructmn of pubhc works or amprovements, as described m the "B~d Invatataons", "Bad Proposals" or plans and spemficatlons on file an the Office of the Caty's Purchasing Agent filed accordang to the bid number asmgned hereto, are hereby accepted and approved as being the lowest responsible bads BID NUMBER CONTRACTOR AMOUNT 2402 JAGOE PUBLIC COMPANY $331,707 40 SECTION II That the acceptance and approval of the above competanve bads shall not constatute a contract between the C~ty and the person submattang the bad for construction of such pubhc works or ~mprovements heroin accepted and approved, tmtfl such person shall comply wath all reqmrements specffied an the Not,ce to B~dders ~ncludlng the t~mely execunon of a written contract and fum~shmg of performance and payment bonds, and insurance certificate after notfficanon of the award of the bad SECTION III That the City Manager is hereby authorized to execute all necessary written conlxacts for the performance of the construction of the pubhc works or amprovements ~n accordance w~th the bids accepted and approved herean, provided that such contracts are made m accordance w~th the Nottce to B~dders and Bad Proposals, and documents relating thereto specafyang the terms, conditions, plans and specaficat~ons, standards, quant~nes and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive b~ds and the executton of contracts for the pubhc works and tmpmvements as authorized here~n, the C~ty Counctl hereby authorizes the expenditure of funds tn the manner and ~n the amount as spemfied tn such approved b~ds and authorized conu'acts executed pursuant thereto SECTION V That thts orchnance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED th~s the ~n' -- day of ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2402 - CONTRACTUAL ORDINANCE ATTACHMENT 1 TABULATION SHEET B~d # 2402 DATE 8-19-99 ARCHER TRAIL UTILITY RELOCATION No, ' ~'~ ~F ,!~P,~jO~ VENDOR VENDOR VENDOR VENDOR ~, ?i: INC CONST SERVICES PUBLIC ...... WATER MAIN AND SERVlCE $91,35500 $192,94500 $149,85500 $85,81000 1 LINES I SANITARY SEWER I $260,262 80 $381,814 00 $210,261 50 $245,897 40 2 REHABILITATION TOTAL BID OF AWARD 15351,61780 $574,75900 $360,11650 $331,70740 ADDENDUM #1 | YES YES YES YES CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 21 day of SEPTEMBER A D, 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W SEZ thereunto duly authorized so to do, heretnafter termed "OWNER," and JAGOE PUBLIC COMPANY BOX 250 DENTON, TX 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the condmons expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete performance of the work specified below BID # 2402 - ARCHER TRAIL UTILITY RELOCATION m the amount of $331,707 40 and all extra work ~n connectmn therewith, under the terms as stated m the General Condltmns of the agreement, and at his (or their) own proper cost and expense to furmsh all matermls, 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 ~n the Proposal attached hereto, and ~n accordance with all the General Conditions of the Agreement, the Spectal Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and m CA - 1 accordance with the plans, which includes all maps, plats, bluepnnts, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of wfueh are made a part hereof and collectively ewdence and constxntte the enttre 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 raceme tax, w~thholdlng, social security taxes, vacation or sick leave benefits, worker's compensation, or any other Cxty employee benet'lt City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the serwces hereunder according to the attached speclftcat~ons at the general direction of the C~ty Manager of the City of Denton, Texas, or his designee under this agreement Indemmficatlon Contractor shall and does hereby agree to mdemmfy and hold harmless the City of Denton from any and all damages, loss, or habihty of any kind whatsoever, by reason of injury to property or thtrd persons occasioned by any error, omission or neghgent act of Contractor, its officers, agents, employees, mvitees, and other persons for whom xt is legally hable, w~th regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense, defend and protect the C~ty of Denton against any and all such clanns and demands Choice of Law and Venue Thxs agreement shall be governed by the law of the State of Texas and venue for ~ts construction and enforcement shall lie m 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 m wrxtten 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 m the Proposal, which forms a part of th~s contract, such payments to be subject to the General and Specxal Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the partxes of these presents have executed this agreement m the year and day first above written CITY OF DENTON (SEAL) ATTEST ~'~t~ ~ CONTRACTOR JAGOE PUBLIC COMPANY BOX 250 DENTON, TEXAS 76202 MAILING ADDRESS PHONE N~MBER APPROVED A~~ PRINTED NAME CA - 3 Bond No 111 3346 3239 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY whose address Is BOX 250, DENTON, TX 76202, hereinafter called Principal, and ASSOCIATED INDEMNITY C0t~PORATION a corporation organized and existing under the laws of the State of TEXAS , a~d fully authorized to transact bus~ness in the State of Texas, as Surety, are held and firmly bound unto the C,ty of Denton, a municipal corporation organized and exmt,ng under thc laws of the State of Texas, hereinafter called Owner, m thc penal sum of THREE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED SEVEN AND 40/100 DOLLARS ($331,707 40) plus ten percent of the stated penal sum as a~ additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arlsmg out of or connected with the below identified Contract, in lawful money of the United States, to be paid m 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 Pnnclpal entered into a certain Contract, identified by Ordinance Number 99-333, with the City of Denton, the Owner, dated the 21 day of SEPTEMBER A D 1999, a copy of which m hereto attached and made a part hereof, for BID # 2402 - ARCHER TRAIL UTILITY RELOCATION 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, condlUons and agreements of any and all duly authorized modifications of smd Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, ~f 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 makmg good any default or deficiency, then this obhgatlon shall be yoM, otherwise, it shall remam m full force and effect PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall he m 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 addltton to the terms ol the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, ere, accompanying the same, shall in anywise affect its obhgaUon 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, SpeclficaUons, 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 m Denton County to whom any requisite noUces may be delivered and on whom service of process may be had m 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 mstrument is executed in 4 copies, each one of which shall be deemed an original, this the 21 day of SEPTEMBER , 1999 ATTEST PRINCIPAL  JAGOE PUBLIC COMPANY ¢ Ic~' PRE'SIDE T ATTEST SURETY ASSOCIATED INDEMNITY CORPORATION ATTORNEY-IN-ltACT Rosemary Weaver The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and service of the process is NAME Rosemary Weaver - W~llis Corroon Corporation of Texas STREET ADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6643 (NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a corporation, gtve 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 BOX 250, DENTON, TX 76202, hereinafter called Principal, and bSSOCIATED INDEMNITY CORPORATION a corporation organized and existing under the laws of the State of TEXAS , and fully authorized to transact business lp. the State of Texas, as Surety, are held and firmly bound unto the City of Demon, a municipal corporation orgamzed 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 unprovements hereinafter referred to, ~n the penal sum of THREE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED SEVEN AND 40/100 --~- DOLLARS ($ 331,707 40) in lawful money of the United States, to be paid m Denton, ~'~unty, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admimstrators, successors, and assigns, jointly and severally, firmly by these presems This Bond shall automatically be increased by the amoum of any Change Order or Supplemental Agreemem which increases the Comract price, but in no event shall a Change Order or Supplemental Agreemem which reduces the Comract 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 99-333, with the City of Denton, the Owner, dated the 21 day of SEPTEMBER A D 1999 , a copy of which is, hereto attached and made a part hereof, for BID 2402 - ARCHER TRAIL UTILITY RELOCATION NOW, THEREFORE, if the Prmclpal shall well, truly and faithfully perform as 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 m said Contract and any and all duly authorized modifications of sad Comract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then th~s obligation shall be void, otherwise it shall remain m 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 wmve 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, Spemficataons, 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 he had m 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 ~n 4 copies, each one of which shall be deemed an original, this the 21 day of SEPTEMBER , 1999 ATTEST PRINCIPAL ATTEST SURETY ATTORNEY-IN-FACT Rosemary ~eaver The Resident Agent of the Surety m Denton County, Texas for delivery of notice and service of the process is NAME Rosemary Weaver - Willis Corroon Corporatxon of Texas STREET ADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6643 (NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a corporation, give a person's name ) PB - 4 FIREMAN'S FUND INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION NATIONAL SURETY 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 Cabforma corporaoon NATIONAL SURETY CORPORATION an Imots corpora on THE AMERICAN INSURA NY a New Jersey corporauon redomcs cared n Nebraska ASSOCIATED INDEMNITY CORPORATION a California ¢oq)oralion, and AMERNICcEANCOAMU~PAOMOBILE INSURANCE COMPANY a Missouri corporat,on (hereto collect,rely called the Compames )doeseachhembyappoim ROSEMARY WEAVER AND JOHN R. STOCKTON OF DALLAS TX he r r e and lawfu Attorney s) n Fact with full power of authorlly hereby conferred tn their name place and stead lo execute ~eal acknowledge and dehver any and all eb asfull a d olhe~am~.exe aL t'~uchbondswes~e~gnedbyd~ePrestdent sealedw~ththecorporatesealsofth~Compm~esandduly and o brad the Compames ther y Y ~ '~ ...... '-~ he s ud A tornev(s) m Fact ma~ do m the p~mtses Th~s po~er of a omey ~ granted under and by the authority of Amcle VII of the By aw~ of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORAT ON and AMERICAN AUTOMOBILE INSURANCE COMPANY which prow~ons are now m full force and effect owm Resoluoon adopled by the Board of D rectors of FIREMAN S FUND INSURANCE ne ts s ned and sealed under the authority of the fo g PORATION and AMER CAN CO~ANY NATIONAL SURETY C~Rr~ .................. NS AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held or by written consent on the 19th day of March 1995 and said Re~olutlon has not been vahd and binding u~n the Compames th~ ~ .-- day of -'-D-~ember FIREMAN S FUND INSURANCE COMPANY STATE OF CALIFORNIA } ss COUNTY OF MARIN ~ _ ~ n ~ o --. e rsonall- came M A Mallonee to me known who being by me On ~,s 17 .. day of DecemDe :_ . scn~d n and which executed the a~ve ms~ument that he k au y sworn dld de.se ~d say ~at he isa ~ce Pros dcm of eacL~nY d~hat they were so ~xed by order of the Board of Directors of said compames and ~at he Compames that the ~als a~x~ to ~e satd instrument a~ such co..r-.. _eals _ signed hm name ~ereto by hke order IN WI~ESS WHEREOR I havo he.unto set my hand and a~xed my o~cml seal ~e day and ye~ hereto first above wntten~ ~ Nota~ Public - Cal{f~la ~ TATE OF CALIFO~IA } ss COUNTY OF MARIN RT FY that ~e foregoing and attached POWER OF A~ORNEY remains m full force S,~n"~aln~s~leedatlheCoumyofM~n Dated,he ~'~ _day of 360789 11 98 II]~IRT~ NOTICE TO OBTAZN ZNFORIMTZON OR HAKE A COHPLA/NT: YOU HAY CONTACT THE TEXAS DEPARTHENr OF INSURANCE TO OBTAZN ZNFORHAT/ON ON COI~AHZES, COVERAGES, R/GHTS OR COI4)LAZNTS AT: 1-800-252-3439 yOU HAY MRZTE THE TEXAS DEPARTHENT OF INSURANCE: P. 0. Box 149104 AUSTZN, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR (:LAIN DISPUTES: SHOULD YOU HAVE A DTSPUTE CONCERNTNG YOUR PRE~4TUI4 OR ABOUT A CLA*rH YOU SHOULD CONTACT THE AGENT OR CIX~AHY FZRST. TF THE D'rsPLII['' TS NOT RESOLVED, YOU HAY CONTACT THE TEXAS DEPARTHENT OF INSURANCE. A'I'I'ACII THIS ll0TICE TO YOUR POLICY: TH'rS NOTZCE ZS FOR TNFORHATZON ONLY AJ~) DOES NOT BECOflE A PART OR CONOTTZON OF THE ATTACHED DOCLIHENT o CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attentton ts dtrccted to thc tnsurance requtrements below It ts htghly recommended that btdders confer wtth thetr respective msurance carriers or brokers to determme tn advance of Btd submtsston the avadabdtty of msurance certtficates and endorsements as prescribed and provtdcd heretn If an apparent low btdder fads to comply strictly with the tnsurance rcqmrcments, that bidder may be dtsqualtfied from award of the contract Upon bid award, all tnsurancc reqmremcnts shall become contractual obhgattons whtch the successful btdder shall have a duty to matntatn throughout the course of this contract STANDARD PROVISIONS Wtthout hmtttng any of the other obltgattons or habthttes of the Contractor, the Contractor shall provide and matntatn unttl the contracted worl~ has been completed and accepted by the Ctty of Denton, Owner, the mtntmum tnsurance coverage as mdtcated heretnafier As soon as practtcable after nottficatton of btd award, Contractor shall file with the Purchastng Department sattsfactory certtficates of tnsurance, contatmng the btd number and tttle of the project Contractor may, upon wrttten request to the Purchastng Department, ask for clanficatton of any tnsurance requtrements at any trine, however, Contractors are strongly advtsed to make such requests prior to bid opemng, stnce the tnsurance requtrements may not be modified or watved after btd opemng unless a wrttten exceptton has been submttted wtth the btd Contractor shall not commence any work or dehver any material until he or she recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of Denton All tnsurance poltctes proposed or obtatned tn sattsfactton of these reqmrements shall comply wtth the followmg general spectficattons, and shall be matntatned tn compltance wtth these general spectficattons throughout the duratton of the Contract, or longer, tf so noted · Each pohcy shall be tssued by a company authorized to do business m the State of Texas w~th an A M Best Company rating of at least A · Any deductibles or self-insured retentions shall be declared ~n the b~d proposal If requested by the C~ty, the msurer shall reduce or ehmtnate such deducnbles or selfqnsured retentions w~th respect to the Ctty, ~ts officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses 'and related mvesttgatlons, clmm adm~mstrat~on and defense expenses · Lmbfi~ty pohc~es shall be endorsed to prowde the following · · Name as additional insured the C~ty of Denton, its Officmls, 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 apphes 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 lumt of liability · All policies shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY 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 reqmred insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to clmms made after expiration of the contract shall be covered · Should any of the required insurance be provided under a form of coverage that mcludes a general annual aggregate limit providing for claims mvemgatlon or legal defense costs to be included m the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Llabdlty Insurance · Should any required insurance lapse during the comract 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 msurance pohctes proposed or obtained tn satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained tn comphance 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 pohcy or tn a combination of underlying and umbrella or excess pohcles If the Commercial General Ltablhty form (ISO Form CG 0001 current edition) ts used · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual habtllty covenng this contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, ~s not reqmred If the Comprehensive General Ltabthty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, tt shall include at least · Bodily injury and Property Damage Llablhty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual hablhty (preferably by endorsement) covering this contract, personal injury habdlty and broad form property damage liability Ix] Automobile L,abfl~ty Insurance Contractor shall provide Commercial Automobile Liability insurance with Combined Smgle Limits (CSL) of not less than $1,000,000 either m a single pohcy or m a combination of basic and umbrella or excess policies The pohcy will mclude bodily injury and property damage liability arising out of the operauon, maintenance and use of all automobiles and mobile eqmpment used tn conjuncuon with this contract Satisfaction of the above requirement shall be tn the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addition to meettng the mtmmum statutory reqmrements for ~ssuance of such insurance, has Employer's Ltabthty hmtts of at least $100,000 for each acctdent, $100,000 per each employee, and a $500,000 pohcy hmtt for occupational thsease The C~ty need not be named as an 'Additional Insured" but the tnsurer shall agree to waive all rights of subrogation agatnst the Ctty, ~ts offictals, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For building or construction projects, the Contractor shall comply w~th the prows~ons of Attachment 1 tn accordance w~th §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 L~abd~ty Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecutton of the work under th:s contract, an Owner's and Contractor's Protecttve Llabthty tnsurance pohcy naming the City as ~nsured for property damage and bodtly ~njury whtch may artse m the prosecutton of the work or Contractor's operattons under thts contract Coverage shall be on an "occurrence" basts, and the pohcy shall be tssued by the same msurance company that carries the Contractor's l~abthty msurance Policy hm~ts w~ll be at least __combined bodily injury and property damage per occurrence with a aggregate F~re Damage Legal Liabdity Insurance Coverage ts reqmred d Broad form General Llabthty ~s not provtded or ts unavadable to the contractor or if a contractor leases or rents a portmn of a City braiding L~mUs of not tess than each occurrence are required Professmnal Lmbd~ty Insurance Professional l~abdlty insurance with limits not less than per clmm with respect to negligent acts, errors or omissions m connectton wtth professtonal servtces ts requtred under this Agreement Budders' Risk Insurance Builders' Risk Insurance, on an All-R~sk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the Ctty of Denton and all subcontractors as their mterests may appear Additional Insurance Other insurance may be required on an mdtvtdual basts for extra hazardous contracts and specific service agreements If such addtttonal msurance ts required for a spectfic contract, that requirement will be described m the "Specific Condmons" of the contract specifications ATTACHMENT [X] Worker's Compensatmn Coverage for Budding or Construction ProJects for Governmental Entities A Definitions Certificate of coverage Ccertfflcate")-A copy of a certfficatc of insurance, a certificate of authority to selfqnsure ~ssued by the commtssion, 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 tune 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 emtty Persons providing services on the project ("subcontractor" tn §406 096) - includes all persons or ent~ties performing all or part of the sermces the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w~th the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing compames, motor earners, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to provtde services on the project "Services" include, without limitation, providing, hauhng, or dehvermg equipment or materials, or providing labor, transportation, or other servtce related to a project "Services" does not include acttvtttes unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable toilets B The contractor shall promde coverage, based on proper reporttng of classfflcatton codes and payroll amounts and fflmg of any overage agreements, which meets the statutory reqmrements of Texas Labor Code, Sectton 401 011(44) for all employees of the Contractor providing servtces 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 dunng the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage wtth the governmental enttty showmg that coverage has been extended E The contractor shall obtain from each person prowdmg 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 cemficates of coverage showing coverage for all persons providing serwces on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, ff the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retam 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 mall or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the prows~on of coverage of any person providing serwces on the project H The contractor shall post on each project s~te a nonce, ~n the text, form and manner prescribed by the Texas Workers' Compensanon Commission, ~nformmg all persons providing serwces on the project that they are reqmred to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually reqmre each person with whom ~t contracts to provide serwces on a project, to (1) provide coverage, based on proper reporting of classfficatlon 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 ~ts employees providing serwces 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 durauon 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) obttun from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beglnmng work on the project, and (b) a new certlftcate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage per~od 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 m writing by certdled mall or personal dehvery, within 10 days after the person knew or should have known, of any change that matermlly affects the prowslon 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 prowde 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, w~th the commission's Division of Self-Insurance Regulation Providing false or misleading ~nformatlon may subject the contractor to administrative penalUes, criminal penalties, civil penalties, or other civil acUons K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental enmy 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 ARCHER TRAIL UTILITY PROJECT Work Days 45 WATER LINE Bid No o~q(~D. , BID TABULATION SHEET P O No Item Description Quantity Unit Price Total 21 Contractors Warranties and Understandings Umt Price In Words ' ~.~, 6" Water Line 955 $ 32 o~/LF Unit Price In Words 2 16-A Water Serrate (Public) 19 $ ~'ffg7 $ Umt Price In Words 16-B Water Service (Private) 2720 $ /O, OO/LF Umt Price In Words 13 6" Valves 2 $ oc'Zg),tgOEA Umt Price In Words 14 F~re Hydrant Assembly 1 $ .4~,/t9~--/EA ~,/g~tg~ Unit Price In Words I - $ [,00~-- LS /, ~00~ Umt Price In Words 9 Sod 65 6,00/SY Umt Price In Words 12 Temporary Erosmn Control $ ..6'-dTd9 ~0 LS Unit Price In Words 1 Bamcades, Warning Signs, and Detours $ //~,t~LS $ 6 75D -' Unit Price In Words Roek Excavatmn 50 $ / Dd CY $ .qO - Unit Pnce In Words P-37 Excavation Protection 100 $ a7 tgi) LF $ 2g.,~E) - Umt Pnce In Words 7/21/99 P 3 ARCHER TRAIL UTILITY PROJECT Work Days 45 WATER LINE B~d No, ' BID TABULATION SHEET P O No Item Deserlption Quantity Unit Price Total SP-39 ProJect Stgn~ t $ ~._6"t9,~)~ EA Unit Price In Words ~/_~'//AP-~ A'?~,~.z:~/--~ff~f~ SP-43 Asp[alt Saw Cut 1670 [ LF 15 /oD LF Unit Price In Words ~a~ .~5~/J_~4~, ¥ gJo ,P-45 Ivhscellaneous Spnnlder System AdJustment L S $ /~ ,_~'dP/~01~LS ] $ /~ .b-tO0 - Umt Pnce In Words Umt Price In Words $ Umt Ih'tee In Words $ Unit Price In Words $ /LF $ Unit lhnce In Words /LF $ Unit Price In Words $ $ $ $ TOTAL 7/21/99 P 4 ARCHER TRAIL UTILITY PROJECT Work Days 45 SEWER LINE Bid No BID TABULATION SHEET P O No 12-C 8" Samtary Sewer 962 ,52_6 '-' Umt Price In Words ~,. 2 12 -D S" ,SDR-26 Samtary Sewer ;5 L F $ Umt Price In Words 7~ ~e~g./,~ ~, 3-B Romove Walks &Dnve 80 S Y $ / Z Umt Pnce In Words -fO.),o_.fO~ .~4,e'r. ¥/..90 ~. ~ 1 PreparationofPaghtofWay - LS $ 10 7 Hydromulch 790 S Y $ 312 T~mporary Erosion Control LS [$ 7 6-B Rebuild Emstmg Manhole 3 E,~ $ /q/.~.~9 ~ $ ~ ~/-~-~-- 7 6-~-1 ~stall Concrete M~olo (4' I D ) Umt Price ~ Wo~s P5 ARCHER TRAIL UTILITY PROJECT Work Days SEWER LINE B~d No, BID TABULATION SHEET P O No 76-A-2 14' Drop Manhole 2 Umt Pnce In Words 76-A-3 Install Concrete Manhole (4' I D 4'-6' Depth) 1 lEA I$ /,7..~0 Unit Pnce In Words '6-A-4 InstallCoacreteManholc(4'lD 6'-8'D~th) 1 EA 12-A [Install Concrete Curb & Gutter 18 Unit Price In Words 83-A Ilnstall Concrete Driveway 80 S Y Umt Price In Words Umt Price In Words Umt Price In Words SP-8 [ Abandon ,XlSUn§ Manhole Unit Price In Words Unit Price In Words ~z/~::/)~//~' ~',~' ~P-37 Excavation Protection 1000 L F $ / Umt Price In Words ~, unit P.e. m Umt Price In Words P6 ARCHER TRAIL UTILITY PROJECT Work Days 45 SEWER LINE Bid No ' BID TABULATION SHEET P O No Item Description Quantity Unit Price Total SP-43 Asphalt Saw Cut 200 $ /, Umt Pnce In Words SP-45 Miscellaneous Spnnlder $ /~ 5'~/0, O~ /~-~ Unit Pnce In Words SP-46-A 8" Tranchless Sewer and Reconnect Services 545 $ SP-46-B 6" Trenchless Sewer 850 Umt Pncc In Words k-/~,~/__~ and Replace Wood Fence $ Umt Pnce In Words Clean Existing 12" Samtary Sewer 208 $ ,,?~,~ ~,/6~O - Unite Pnce In Words Unit Price In Words Unit Pnce In Words TOTAL P7 BID SUMMARY In the event of the award of a contract to the unde~signnd, the endemgned wall fiarmsh a per~ormanco bond and a payment bond for the full amount of the contract, to s~cu~ proper compliance with the terms and provmons of the contract, to mane and guazanten the work unul final completton and acceptance, end to guaranten payment for all lawful claims for labor performed and ~ furnisbed in the fldfillment of the contract. It is understood that the work proposed to be done shall bo accepted, when fully completed and fimshed m accordance wtth tho plans and speaficauons, to the sausfacuon of the Engmecr. The undersigned cerufies that the bid prices contained m flus proposal have been carefully chccl~d and am subrmtted as correct and final. Umt and lump-sum prices as showu for ~eh ttem hsted tn this proposal, shall control over extensions. BY "/~ ~"/f"'"~'"'(~ '(~ JAGOE PUBLIC COMPANY BOX 250 DENTON TEXAS 76202 Street Address CJty and State Seal & Authori~*i~ (If a Corporation) ,, Telephone B-I BID SUMMARY PRO~ECT WORK DAYS BID Water Main and Service Lines 45 $ ~.~ ~/0,&9 Samtary Sewer Rehabilitation 45 $~ TOTAL 90 $~ Both water and sanitary sewer portion of this project will be awarded to one contractor. Award of bid will be based on the total Water and sanitary sewer are being separated for bookkeeping purposes AL, U/ U. I Ihl AI E Uh LIAI ILI I Y IN 3UI,(ANIJI: lO/25/99 ~ROO 'CER (S40) 382-9691 FAX (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE amey & King InsMraflce HOLDER THIS CERTIFICATE DOES NOT AMENO, EXTENDOR 330 South [- 35 E, Sul te A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW )enton, TX 76205-7829 COMPANIES AFFORDING COVERAGE COMPANY Bi tum~ nous Ittn Ext A NSURED COMPANY Texas Work Comp Ins Fund ]agoe Public Company, Inc B B1]] Cheek COMPANY P O Box 250 c p~ ~r~. TX 7GZ(32 D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POt. ICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAy BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS ANF) CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS A cc~ ~ '~-~ X oCCUR ctP2302758 10/01/1999 10/01/2000 PEREONALSADVINJURY 1,000,000 FIRE DAMAGE (Any one fire) 100 ~ 000 MEO EKP (Any one ~e~on) 5 ~ 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ~.~-- 1,000,000 A sc-_=_TM L? ~ ~os CAP2542947 10/01/1999 10/01/2000 (Ferperson) EXCESS LIABILITY EACH OCCURRENCE $ i s O00 ~ 000 A UMBR-~ L,:'=~, CUP2524882 10/01/1999 10/01/2000 AOGREGAT~ $ OTHER T~a i UMBRELLA FORM $ 1 ? 000 ~ 000 EMFLOYE~B LIABILITY 1,000,000' TSF0001082310 10/01/1999 10/01/2000 EL EACH ACCIDENT $ 8 THE PRCeR ET_mR [IICL EL DISEASE POLICY LIMIT S 1,000,00o OFFICERS~E EXSL ELDISEASE EAEMPLOYEE $ 1,000,000 City of Denton, its officials, agents, employees and volunteers are shown as additional insured :ERTIFICATEHOLDER OAN~ELL~TI~N Said policy shall not be cancelled, renewed,or Bud Foreman materially changed without 30 days advance Foreman Williamsburg Square, LTD I writ~t~a, notice bein~iven to the Owner, except I wJ~ th% policy is DF[ng cancelled for non- 1612 Arbor Creek Trail J/~ayment~of premipm,/in which case 10 days Mansfield, TX 76063 ~ a~vance/writ_[en/~fice is required .