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1998-013
oRDINANcE so 4 -4/4 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF MCK1NNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER TO JAGOE PUBLIC CO, IN THE AMOUNT OF $645,614 27, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BID # 2146 - MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER IN THE AMOUNT OF $645,612 27) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction ofpubhc 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 hereto 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 ~ That the following competitive bids for the construction ofpubhc works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and spec,ficatmns on file m the,Office of the Cxty's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BD NUMBER ~ AMOUNT 2146 JAGOE PUBLIC CO $645,614.27 ~ 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 m the Notice to Bidders lnclu&ng the timely execution of a written contract and furmshing 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 pubhc works or ~mprovements m accordance with the blds accepted and approved herein, provided that such contracts are made m accordance with the Notme to B~dders 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 executmn of contracts for the pubhc works and improvements as authonzed herein, the City Council hereby authonzes the expenditure of funds in the manner and m the amount as specffied in such approved b~ds and authorized contracts executed pursuant thereto SECTION V That ti'ns ordinance shall become effective lmmedmtely upon its passage and approval dayo, ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY AJTORNEY 2146 CONTRACT ORDINANCE ATTACHMENT # 1 BID # 2t46 BID NAME MCKINNEY ST WIDENING/ JAGOE WOODROW SANITARY SEWER PUBLIC CO DATE 23.Dec-97 # ~ QTY ~[~ DESCRIPTION VENDOR TOTAL BID AWARD $645,614 27 ADDENDUM # 1 YES ~ STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT Is made and entered Into by and between the City of Denton, Texas, a poht,cal subdlvls,on of the Slate of Texas, here,halter referred to as "City" and Denton County, Texas, a corporate and pohtlcal body under the laws of the State of Texas, hereinafter referred to as "County" for purposes of the complet, on of certain road {mprovements, hereinafter referred to as the "ProJect" WHEREAS, County is developing its real estate located on McK,nney Street within the limits of City, and WHEREAS, City's Subdivision Rules and Regulauons require that County make certain improvements to McI~nney Street, Including widening of McKmney Street and drainage Improvements, the ProJect, and WHEREAS, City has identified McKmney Street as one on its Master Thoroughfare Plan, requiring certa, n improvements, and WHEREAS, widening of McKlnney Street has been placed on the Texas Highway Department's list of future projects, and WHEREAS, City and County value the early completion of the ProJect, and WHEREAS, City and County mutually desire to be subject to the provls,ons of V T C A, Government Code, Chapter 791, the Interlocal Cooperation Act, and WHEREAS, City desires the participation of County ,n the ProJect as authorized by V T C A, Transportation Code, Section 251 012, NOW, THEREFORE, it is mutually agreed by the parties hereto as follows ICA Denton McKmney l The ~zrm of this Agreement shall commence on October I, 1996, and shall end on September 50, 1997., ~unless sooner terminated as provided ,n the succeed,ng prov,s:ons hereof II The ProJect :s described as follows ,n the City of Denton, Texas, widening of McKanney Street from .l'anme Street to Woodrow Lane, including drmnage improvements, as required by City's Subdivision Rules and Regulations, and including ail surveying, engineering and construction It ,s expressly agreed and understood that ail of County's obligations perta,n,ng to McI~nney Street ,mprovements with re{ationsh,p to the C,ty's platting process and pursuant to the City's Subdivision Rules and Regulations shall be fully and completely satisfied by completion of the ProJect III Pursuant to V T C A, (]ovemment Code Sect,on 791 01 I, the part,es hereto agree that the purpose of this Agreement is to ensure that certain governmental functions and servlcas in the area of streets and drainage are performed The parties hereto further agree that each of them is authorized to perform the functions and serv,ces ,ndlv:dually IV As required by V T C A, Transportation Code Section 251 012 and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of this Agreement approves of the expenditure of County money to participate in or to fund $300,000 00 toward financing the :mprovement of a street in the County that is located In the City V In performance of th,s Agreement, City agrees to assume responsibility for seeking the removal of the referenced section of highway from the State Highway Department's ICA Denton McKmney matntenance responsibthty and for secunng all necessary surveying, engineenng and construction services related to the ProJect City further agrees that ~t shall be solely responsible for payment of all expenses related to completion of the ProJect City shall seek reimbursement for expenses related to the completion of the ProJect from County as set forth below V! As City proceeds In the completion of the ProJect, it shall submit to the Denton County Auditor, at 301 East McKlnney Street, Denton, Texas 76201, invoices on a monthly bas~s for reimbursement and County shall reimburse City for all expenditures related to this project within Thirty (30) days of receipt of these ,nvolces Attached to this Contract is a certificatson by the County Auditor that the County shall include the sum of Three Hundred Thousand and no/100 ($300,000 00) Dollars in its 1996-97 budget and that this amount shall be ltenuzed, set aside and approved by the County Commissioners Court to be expended for the project that IS the subject of this Agreement Reimbursement from County to City shall not exceed the sum of THREE HUNDRED THOUSAND DOLLARS AND NO/100 ($300,000 00) VI! In performance of this Agreement, County agrees to assist City in expediting the completion of the ProJect If, as construction of the ProJect proceeds, City determines it prudent to close McKanney Street, County consents to the closure In further performance of this Agreement, County agrees to reimburse City, from its current revenues, a sum not to exceed that stated above VIII This Agreement may be terminated in whole or in part by County or C~ty upon thirty (30) days' written not,ce to the other par~y setting forth a substantial failure by the defaulting party to fulfill its obhgauons under this Agreement through no fault of the terminating party Provided, however, that no such termination may be affected unless the ICA Denton McKmney defaulting party is given (1) written notice delivered by certified mall, return receipt requested of intent to temunate setting forth the substantial f~ulure to perform, and (2) not less than thirty (30) calendar days to cure the failure, and (3) an oppormmty for consulta~on with the terminating party pnor to termination In the event of temunatlon by the County, County shall reimburse City for all invoices submitted up to and including the date of termination Notices shall be directed as follows For City For County Jeff A Moseley Denton County Judge I I0 East Hickory Denton, Texas 76201 with a copy to District Attorney's Office/Civil Division 319 West Oak Street Denton. Texas 76201 IX The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and a~e performable by all parties In Denton County, Texas The parties mutually agree that venue for any obligation arising from this Agreement shall lie tn Denton, Denton County, Texas X This writing is intended by the parties as a final expression of their agreement and as a complete and excluslve statement of the terms of their agreement This Agreement can be modified or rescinded only by a writing signed by both of the parties or thezr duly authorized agents. XI This Agreement is not intended to ex.nd the habthty of the panles beyond that provided by law Neither County nor City waives, nor shall be deemed hereby to waive, ICA Denton McYanney any immumty or defense that would otherwise be available to it against claims arising by third pames XII In the event that any portion of th,s Agreement shall be found to be contrary to law, ~t ~s the intent of the parties hereto that the remmnmg pomons shall remain valid and m full force and effect to the extent possible XlII The undersigned officers and/or agents of the parues hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any and all necessary resolutions extending smd authority have been duly passed and are now mn full force and effect EXECUTED re.duplicate originals this, the o~ day of ~"',,- ~ ¥,1996 / COUNTY CITY Denton County, Texas City of Denton, Texas 110 West Hickory 215 East McKanney Street Denton, Texas 76201 Denton, Texas 76201 Acting, on behalf of and by Acting on behalf of and by authortt} authority of the City Council of Court of Denton County, Denton, Texas Attest ] Attest Tim H0dges, County { ICA Donton McKmney Approved as to form Approved as to form Ass,stant D,stnct Attorney / City Attom~ AUDITOR'S CERTIFICATE I hereby certify that pursuant to Commissioners Court order # ~ - ~ 0gJ~ funds will be available in fiscal year 1996-1997 in the amount of THREE HUNDRED THOUSAND DOLLARS ($300,000 00) to accomphsh.and,~ay the obi,gat,on qf Denton County, Texas under th,s Agreement~. //~/~i.~ ~~~ J~'~es Wells. (~ofinty Aud,tor ICA Denton McK, nney Attachment 3 THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into by and between the City of Denton, Texas, a pohOcal subdivision of the State of Texas, hereinafter referred to as "City" and Denton County, Texas, a corporate and political body under the laws of the State of Texas, hereinafter referred to as "County" for purposes of the completion of certmn road improvements, hereinafter referred to as the "Project" WHEREAS, County is developing its real estate located on McKanney Street within the limits of City, and WHEREAS, City's Subdlwsion Rules and Regulations require that County make certmn improvements to McI~nney Street, including widening of McI~nney Street and drainage ~mprovements, the Project, and WHEREAS, City has identified McKtnney Street as one on ~ts Master Thoroughfare Plan, requmng certain improvements, and WHEREAS, w~denmg of McK~nney Street has been placed on the Texas Highway Department's list of future projects, and WHEREAS, C~ty and County value the early completmn of the ProJect, and WHEREAS, City and County mutually destre to be subject to the prowsions of V T C A, Government Code, Chapter 791, the Interlocal Cooperation Act, and WHEREAS, C~ty desires the partsclpatlon of County m the Project as authorized by V T C A, Transportation Code, Section 251 012, NOW, THEREFORE, ~t ~s mutually agreed by the parties hereto as follows ICA Denton Mcganney 1 I The term oftfus Agreement shall commence on October 1, 1997, and shall end on September 30, 1998, unless sooner terrmnated as prowded in the succeeding provisions hereof II The ProJect ~s described as follows ~n the C~ty of Denton, Texas, w~demng of MclQnney Street from Jonme Street to Woodrow Lane, including drmnage Improvements, as reqmred by C~ty's Subdivision Rules and Regulations, and including all surveying, englneenng and construction It ~s expressly agreed and understood that all of County's obhgatlons on or w~th relationship to resultmg from the City's platting process and pursuant to the C~ty's Subdlws~on Rules and Regulatmns shall be fully and completely satisfied by completion of the ProJect III Pursuant to V T C A, Government Code Section 791 011, the parties hereto agree that the purpose of th~s Agreement is to ensure that certmn governmental functions and serwces ~n the area of streets and drmnage are performed The parties hereto further agree that each of them is authorized to perform the functions and serwces ~nd~wdually IV As reqmred by V T C A, Transportation Code Section 251 012 and as ewdenced by the s~gnature of the C~ty's representative below, the governing body of C~ty by the execution of and approval of this Agreement approves of the expenditure of County money to partac~pate ~n or to fund $300,000 00 toward financing the ~mprovement of a street ~n the County that ~s located m the C~ty V In performance of this Agreement, C~ty agrees to assume respons~bd~ty for seeking the removal of the referenced section of h~ghway from the State H~ghway Department's ICA Denton McK~nney 2 mmntenance respons~b~hty and for secunng all necessary surveying, eng~neenng and construction serwces related to the ProJect C~ty further agrees that ~t shall be solely responsible for payment of all expenses related to completion of the ProJect C~ty shall seek reimbursement for expenses related to the completion of the Project from County as set forth below VI As C~ty proceeds ~n the completion of the ProJect, ~t shall subnut to the Denton County Auditor, at 301 East McI~hnney Street, Denton, Texas 76201, mvomes on a monthly bas~s for reimbursement and County shall reimburse C~ty for all expenditures related to th~s project w~th Thirty (30) days of receipt of these ~nvo~ces Attached to th~s Contract ~s a certfficat~on by the County Audator that the County has the sum of Three Hundred Thousand and no/100 ($300,000 00) Dollars ~n ~ts 1996-97 budget and that th~s amount has been ~termzed, set aside and approved by the County Commissioners Court to be expended for the project that ~s the subject of th~s Agreement Reimbursement from County to C~ty shall not exceed the sum of THREE HUNDRED THOUSAND DOLLARS AND NO/100 ($300,000 00) VII In performance of th~s Agreement, County agrees to assist C~ty ~n expecht~ng the completion of the ProJect If, as construction of the ProJect proceeds, C~ty determines ~t prudent to close Mclfinney Street, County consents to the closure In further performance of th~s Agreement, County agrees to reimburse C~ty, from ~ts current revenues, a sum not to exceed that stated above VIII Th~s Agreement may be terrmnated ~n whole or ~n part by County or C~ty upon thirty (30) days' written notme to the other party setting forth a substantml fmlure by the defaulting party to fulfill ~ts obhgat~ons under th~s Agreement through no fault of the ternunat~ng party Prowded, however, that no such termination may be affected unless the ICA Denton McK~nney 3 defaulting party 15 given (1) written not~ce delivered by certified mml, return receipt requested of intent to terrmnate setting forth the substanual fmlure to perform and, (2) not less than tlurty (30) calendar days to cum the fatlure, and (3) an opportumty for consultataon w~th the terminating party prior to termination In the event of tenmnat~on by the County, County shall reimburse C~ty for all mvmces submitted up to and ~ncluthng the date of ternunat~on Notices shall be thrected as follows For Ctty R~ck Svehla Deputy C~ty Manager C~ty of Denton 215 East McFdnney Denton, Texas 76201 For County Jeff A Moseley Denton County Judge 110 East H~ckory Denton, Texas 76201 w~th a copy to D~stnct Attorney's Office/C~vil D~ws~on 324-A McKmney Denton, Texas 76201 IX The covenants, conditions and terms hereof are to be construed under the laws of the State of Texas and are performable by all part~es in Denton County, Texas The partres mutually agree that venue for any obhgat~on arising from th~s Agreement shall he ~n Denton, Denton County, Texas X This writing ~s ~ntended by the parties as a final expressmn of their agreement and as a complete and exclusive statement of the terms of their agreement Th~s Agreement can be mothfied or rescinded only by a writing s~gned by both of the part~es or their duly authorized agents XI This Agreement ~s not intended to extend the habthty of the part~es beyond that prowded by law Neither County nor C~ty wmve% nor shall be deemed hereby to wmve, ICA Denton McK~nney 4 any ~mmumty or defense that would otherwise be avmlable to it agmnst clmms arising by third parties XII In the event that any port~on of this Agreement shall be found to be contrary to law, tt is the intent of the pames hereto that the remtumng pomons shall remmn valid and m full force and effect to the extent possible XIII The undersigned officers and/or agents of the part,es hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parOes hereto and each party hereby certafies to the other that any and all necessary resolutions extending smd authority have been duly passed and are now in full force and effect EXECUTED m duplicate originals this, the ~'tt'~ day of~ 1998 COUNTY CITY Denton County, Texas City of Denton, Texas 110 West Hickory 215 East Mcganney Street Denton, Texas 76201 Denton, Texas 76201 By (~./] ~ ~ By ~ [ flq FA 'Moseley // L/ ~enton County Judge// Acting on behalf of and by Acting on behalf of and by authority of the Comnussloners authority of the Ctty Council of Court of Denton County, Texas Denton, Texas Attest: Attest Tim Hodges, County Clerk ICA Denton McKlnney 5 Approved as to form Approved as to form Assistant D~stnct Attorney / AUDITOR'S CERTIFICATE I hereby cerafy that pursuant to Commissioners Court order # funds will be avmlable ~n fiscal year 1997-1998 ~n the amount of THREE HUNDRED THOUSAND DOLLARS ($300,000 00) to accomphsh and pay the obhgat~on of Denton County, Texas under this Agreement~~-~/~/' ~~.. ~ies Wells, County Aud~to~ ~ ' ICA Denton McK~nney 6 STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 3 day of ~R~ARY A.D., 19 98 , by and between CITY OF DE~TON Of the County of D~NTON and State of Texas, acting through TED BENA~IDES thereunto duly authorized so to do, hereinafter termed "OWNER," and JA~OE PUBLIC C0. P O BOX 250 DENTON. TX 76202 of the City of D]~TON , 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 tha bonds attached hereto, CORTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID % 2146 -MCKINNEYSTREETPAVINGANDD~-INAGEANDWOODROWLANESANITARY SEWER in th~ amount of ~.~1~.72 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 accordance with the plans, which includes all maps, plats, CA - i blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT STAFF 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 Feason 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. Cho~e ~f 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 eseablished for the start of work as set forth in written notice to commence work and complete all work within the ti~,u 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 th~s 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 exe=uted this agreement in the year and day first above written. ATTEST: ~ (s~) ATTEST: / CONTRACTOR MAILING ADDRESS (-9 ¢°2 3~ PHONE NUMBER F~ ~ER T~TLE PRINTED APPROVED AS TO FORM: (SEAL) Clgy A~torney / A~A0184D ~ev. 0?/28/94 CA - 3 PAYMENT BOND THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC CO., whose address ~s P O BOX 250 DENTON, TX 76202, here,nafter called Pnnclpal, and ASSOCIATED INDEMNITY CORPORATION , a eorporat,on organized and exmt]ng under the laws of the State of TEXAS, and fully authonzed to transact business ~n the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal eorporataon orgamzed and emstmg 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 bmldmg or Improvements hereinafter referred to, m the penal sum of SIX HUNDRED FORTY FIVE THOUSAND SIX HUNDRED FOURTEEN and 27/100-- ($645,614.27) m lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of wtueh sum well and truly to be made, we hereby brad ourselves, our he~rs, executors, adrmmstrators, successors, and asmgns, jointly and severally, firmly by these presents Ttus Bond shall automat,eally be increased by the amount of any Change Order or Supplemental Agreement wbach ,nereases the Contract price, but m no event shall a Change Order or Supplemental Agreement wluch reduces the Contract pnce decrease the penal sum oftlus Bond THE OBLIGATION TO PAY SAME m condmoned as follows Whereas, the Pnnc~pal entered rote a certmn Contract, Identified by Ordinance Number 98-013, w~th the C~ty of Denton, the Owner, dated the 3 day of FEBRUARY, A D 1998, a copy of which m hereto attached and made a part hereof, for BID # 2146- MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER. NOW, THEREFORE, ffthe Pnncxpal shall well, truly and faithfully perform ~ts dut]es and make prompt payment to all persons, firms, subcontractors, corporat]ons and elmmants supplying labor and/or material in the prosecution of the Work prowded for in sa~d Contract and any and all duly authorized mod~ficat]ons of smd Contract that may hereaRer be made, not~ee of which mod,ficatlons to the Surety being hereby expressly wmved, then th~s obhgat]on shall be vo~d, otherwise ~t shall remmn m full force and effect PROVIDED FURTHER, that ffany legal act]on be filed on flus Bond, exclusive venue shall he m Denton County, Texas A_ND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extens, on oft]me, alterat,on or addmon to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Spec~ficauons, Drawings, ete, accompanying the same, shall ~n anywise affect Its obhgat,on on tlus Bond, and ~t does hereby wmve not]ce of any such change, extension oft~me, alterat]on or adcht]on to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawxngs, etc PAYMENT BOND - Page 1 Tbas Bond is g~ven pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other appheable statutes of the State of Texas The undersigned and demgnated agent is hereby demgnated by the Surety herem as the Resident Agent m DENTON County to whom any reqmmte nouces may be delivered and on whom service of process may be had m matters arising out of such suretysbap, as prowded by Amcle 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, tlms instrument ~s executed m 4 copies, each one of which shall be deemed an ongmal, thru the 3 day of FEBRUARY 1998 ATTEST PRINCIPAL SEi2RETARY/ Vt~ ~ PRESIDENT ATTEST SURETY ASSOCIATED INDEMNITY CORPORATION ( ~ ' ATTORNEY-i[N-FACT k ) Rosemary Weaver The l~dant Agent of the Surety m Denton County, Texas for dehvery of noUce and service of the process 1~ NAME Wlllls Corroon Corporation of Texas STREETADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6612 (NOTE Date of Payment Bond must be date of Contract IfRemdent Agent is not a corporatmn, g~ve a oerson's name ) PAYMENT BOND - Page 2 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That ,IAGOE PUBLIC CO., whose address is P O BOX 250, DENTON, TX 76202, hereinafter called Pnn¢~pal, and ASSOCIATED INDEMNITY CORPORATION , a corporation orgamzed and ex~stmg under the laws of the State of TEXAS, and fully authonzed to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumc~pal corporatmn orgamzed and eyastmg under the laws of the State of Texas, herelnailer called Owner, ,n the penal sum of SIX HUNDRED FORTY FIVE THOUSAND SIX HUNDRED FOURTEEN and 27/100 - ($645,614.27) plus 10 percent of the stated penal sum as an adrht~onal sum of money representtng additional court expenses, attorneys' fees, and hqmdated damages ansmg out of or connected w~th the below ~dentlfied Contract, tn lawful money of the Umted States, to be prod ~n Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby brad ourselves, our hen's, executors, adm~mstrators, successors, and assigns, jointly and severally, firmly by these presents Tins Bond shall automatacally be increased by the amount of any Change Order or Supplemental Agreement winch mereases the Contract pnce, but m no event shall a Change Order or Supplemental Agreement winch reduces the Contract pnce decrease the penal sum of tins Bond THE OBLIGATION TO PAY SAME ts conditioned as follows Whereas, the Pnnc~pal entered ~nto a certmn Contract, ~dentlfied by Orchnance Number 98-013, with the C~ty of Denton, the Owner, dated the 3 day of FEBRUARY A D 1998, a copy of wluch ts hereto attached and made a part hereof, for BID # 2146 - MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY SEWER. NOW, THEREFORE, ~fthe Pnnc~pal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, temm, conditions and agreements of smd ConU~ct ~n accordance w~th the Plans, Specifications and Contract Documents dunng the ongmal term thereof and any extension thereof winch may be granted by the Owner, wth or w~thout noUce to the Surety, and dunng the hfe of any guaranty or warranty reqmred under tlus Contract, and shall also well and truly perform and fulfill all the undertakangs, covenants, terms, condmons and agreements of any and all duly authonzed mochficaUons of smd Contract that may hereai~er be made, noUce of winch mod~ficaUons to the Surety being hereby wmved, and, ~fthe Principal shall repmr and/or replace all defects due to faulty matenals and workmansinp that appear vatinn a penod of one (1) year from the date of final compleUon and final acceptance of the Work by the Owner, and, ~f thc Pnnc~pal shall fully tndemmfy and save harmless the Owner from all costs and damages wluch Owner may suffer by reason of failure to so perform hereto and shall fully rmmburse and repay Owner all outlay and expense wfuch the Owner may ~ncur m making good any default or deficiency, then tins obhgatmn shall be void, otherwme, it shall remain m full force and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that ff any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value recmved, hereby stapulates and agrees that no change, extenmon of trane, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficataons, Drawmgs, etc, accompanying the same, shall m anywme affect ats obhgatmn on flus Bond, and ~t does hereby wmve not,ce of any such change, extenmon of tune, alteratmn or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficatmns, Drawings, etc This Bond 18 given pursuant to the provmmns of Chapter 2253 of the Texas Government Code, as amended, and any other appheable statutes of the State of Texas The undersagned and demgnated agent is hereby demgnated by the Surety herem as the Remdent Agent m DENTON County to whom any requlmte notmes may be dehvered and on whom sermee of process may be had m matters anmng out of such suretyslup, as prowded by Artmle 7 19-1 of the Insurance Code, Vemon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, tbas instrument as executed in 4 cop~es, each one ofwhmh shall be deemed an original, flus the 3 day of FEBRUARY, 1998 ATTEST PRINCIPAL · SECRETARY PRESIDENT/' ATTEST SURETY ATTORNEY'I~'FACT Rosemary Weaver The Remdent Agent of the Surety m Denton County, Texas for dehvery ofnotme and servace of the process is NAME Willis Corroon CorporatIon of Texas STREETAdDDRESS 13355 Noel Road, Sutie 400, Dallas, Texas 75240-6612 (NOTE Date of Performance Bond must be date of Contract If Resident Agent 15 not a corporataon, gave a person's name ) PERFORMANCE BOND - Page 2 GENERAL POWER OF A~rOV.~EY ASSOCIATED INDEMNITY CORPORATION HOW ALL MEN BY THF~E PRKSENTS That ASSOCIATED INDEMNITY CORPORATION, a Corporation duly organized and eyastmg under the laws of the State of Cahformg, and hav~ng its pnnctpal office m the County of Marm, State of Cab fornm, has made, consmuted and appointed, and does by these presents make, constltut~andappolnt JOHN R. STOCKTON, ROSEMARY WEAVER, jointly or severally DALLAS TX Its true and lawful Attoraey(s)-m Fact, with full power and authority hereby conferred in Its name, place and stead, to execute seal, acknowledge and deliver any and all bonds, undertaking, recogmzances or other written obhgattons m the nature thereof ............................... and to bind the Corporation thereby as fully and to the same extent as ~f such bonds were signed by the President, sealed w~th the corporate seal of the Corporauon and duly attested by its Secretary, hereby ratifying and confirrmng all that the said Attorney(s) m Fact may do in the premises TMs power of attorney Is ~ranted pursuant to Article VII, Sections 45 and 46 of By laws of ASSOCIATED INDEMNITY CORPORATION now m full force and effect "Article VI1 Appointment ond Aotho~ty of Re~ide~t ~cm~fle~, Atto~y.i~.Fact and Agents to accept Le~M Precis and M~e ApF~m~ces Section 4~ Appointment The Chairman of the Board of Diraetors, the Pre~ident, any Vice Pre~ldent or any other person authorized by the Board of Directors, the Chairman of the Board of Direeton, the Prflident or any Vice-Pre,idea* ma}', from time to time, appoint Restdent Assistant Seerctarles and A~torneys-ln Fact to represent and act for and on behalf o! the Corporation and Agents to accept legal proem and make appelwant~ for and on behalf of the behereuntoafflxedtlus ?Tth dayof A;Ig11,~t , 19 97 '~7 ~ ,~o~ ASSOCIATED INDEMNITYCORPORAT[ON Ontms 27th dayof August ,19 97 . before me per$ooally came M A Mallonee STATE OF CALIFORNIA ~ u COUNTY OF MARIN ~the. un.dermgned, R?ldan.t A.u_i _ .s_ .t~_n_ _t Secretary of ASSOCIATED INDEMNITY CORPORATION, a CALIFORNIA Corporation, DO HEREBY CERTIFY Si.ed and sealed at th. Canary of Marlo Dated the ~~ dayof ~ II~)ORTAI([ NOTICE TO OBTAZN ZNFORHAT/ON OR HAKE A YOU HAY COWI'ACT THE Tro~s DEPARTHENT OF TNSURANCE TO OBTAIN ZNFORHAT~ON ON COI4)ANZES~ COVERAGES~ R/GHTS OR C0~)LAZNTS AT: 1-800-252-3439 YOU B~Y tmXTg THE TgXAS DEPARTHENT OF INSURANCE: P. 0. Box 149104 Aus~xN, TX 78714-9104 FAX t(512) 475-1771 PREIIIUH OR CLAIH DISPUTES: SHOULD YOU HAVE A DTSPUTE CONCERNTNG YOUR PRENZUH OR ABOUT A CLAZH YOU SHOULD CONTACT THE AGENT OR COI~)ANY F~RST. IF THE DzSPUTE TS NOT RESOLVED, YOU HAY CONTACT THE TEXAS DEPARTHENT OF INSURANCE. ATTACH THTS NOTTCE TO YOUR POLTCY: THTS NOT]:CE ZS FOR TNFORIM'T'J:ON ONLY All) DOES NOT B£Cm£ A PART OR COIm~ON OF 'mE An'ACHE]) McKInney Street BID TABULATION SHEET Work Day 60 Paving Drainage Bid No 2t46 PO. J Item , : Description i Quant,ty , Un,t, UnitPrice , Total I Umt,Pnce In Words '1"0.~}~ - ~'tv~ 1-~,uW, oC~ I~ ~cc,~..~ 2115 Ilnlet,Frame and Cover t [ l0 lEA Umt Price In Words TcOo47u,vo,l~'a D~,~.4~'~ -~ ,d~ ~-~ 288 Umt pnce In Words ~ 2123-B [24"Re,nforcedConcreteP,pe [ 299 I LF J$ Umt pnce In Words ~"/'e'~-o Z:~/'?~m/~..4' ,6 ~' /O~ ~'~'~ 12123-C [4' by 3' Box Culvert r [ 245 [ LF I$/O.,P~FI$~&'75 I Umt 3-C Umt Price In Words Umt pnce In Words McKInney Street BID TABULATION SHEET Work Day 61) Paving Drainage Bid No 2146 PO 7 310 Y Umt Price In Words Umt Price In Words 5%3 ]1 1/2" ~ph~t Pavement (T~e D) 5273 Umt Price In Words 5 7-C [2" ~phflt Pavement (Type Umt Price In Words T~ ~ , O UC~ 5 7-D [~ph~t Pavement (T~e D~ Patch Marl) 58 Umt Price In Words 7 4 5 CI~s A Concr~e 4 Unit Price In Words P4 McKinney Street BID TABULATION SHEET Work Day 60 Paving Drainage Bid No 21.46 PO Item Desc. Quant. Umt Price Total 7 6-A-1 4' Inlet 3 $1,~'~A UmtPncelnWords ~,1~,~[~,.~,~.!~ /~D~,'Z~'./~, Umt Price In Words ~ ~u~ ~al ~ ~ Umt Price In Words ~e~e~ ~ ~v~ 6-A-4 Spec~ 4' l~et ~A Umt Price In Words ~~ ~ ~4~ Umt Price In Words ~ ~oua~ ~/Me~/~v ~ Umt Price In Words~o ~~ D~ ~ ~ ~ 7 6-A-7 15' by 5' Juncuon Box I EA Umt Price In Words ~o ~ ~ ~ ~ ~$, ~N Umt Price [nWords ~o ~~ ~ ~a~~$~ 6-A-9 IRebudd 10' Jun~,on Box EA Umt Price lnWords ~4 ~ ~6~y 2-A-, Ilnst~ Concrete Curb & Gutter 1647 UmtPncelnWords ~$~ P~ ~ A~ S~qe~y 2-A-2 Concrete Pavement6" {Flatwork) 115 UmtpncelnWords ~Z~¢ O~c ~ ~ 3 IOnveway6" 602 SY '$ 3~/SY 15 Umt PncelnWords ~ Oa ~ ~D P5 McKinney Street BID TABULATION SHEET Work Day 60 Paving Drainage Bid No PO Item 14" Description Quantlt~ , Unit, Unit PriceI Total 83-A-1 Concrete S,dewalk (Hook-Up) 84 [SY [$ 2-7, e/SY $ Unit Price In Words T~O~ ~- ~e ~d ~oucm~s Umt pnce In Words T ~ ~ ~ -S rived o o~$ 12 ]H~d[ad 2 I EA 15 Un,t Price In Words W~ [~ ~obcan$ ~0 d o C~ Umt Price, In Words ~/~V ~$ ~ s~-,o I~o~.~.t,o. ~o c~ Unit Price In Words ~/~ ~ UmtPn~InWords ~ ~a~o~ De~ Umt Price In Words ~ ~, /~ ~v~$ sP- . .o I Umt Pn~ In Words ~0 ~'~J~a ~/o~ ~ ~mt ~n~, ~n Wora~~,~ ~ ~ PO McKinney Street BID TABULATION SHEET Work Day 00 Paving Drainage Bid No 2146 PO Item Umt Price Total Saw Cut 233 ~0~'~/L F Umt Pnce In Words SP-55 Traffic S 3 ~C6. C°/EA 1 2oO, I IUmtPnceInW°rds ~.~O~_l{'~/ODl'~.O[~q~.im ~ji)~JoCF.~'/~ j Total P7 Woodrow Lane BID TABULATION SHEET Work Days 40 Sanitary Sewer Bid No~ PO 21 [Contractors Warranties and UnderstandlnSs - ] L S I$ 2tOCO~/'L S $ z-I ,ooo o, Umt~ncelnWords 1'~o~o-r'~- o~. Ttaco~,-~4.,Oa ~-~gc, ~uo Unit Price In Words Fo.,l~m,/.~ T3,~//Jm~.C ,1- ~ ~ Umt Price In Wo~s ~ ~[~ ~ ~ Umt ~ce In Words ~ ~ D~c ~ ~ Umt Price ~ Words 3-B 7. ~O/S Y Unit Price In Words I~,~ ~,/./~ 31 [PreparatlonofRl~htofWay I I I, Umt Pnce In Words 3,07 Umt Price In Wo~s 312 [Tempor~ Eros,on Control Umt Price In Words P8 Woodrow Lane BID TABULATION SHEET Work Days 40 Samtary Sewer Bid No2146 PO 6-A-12 ~ Manhole (4' I D ) 1 $.zZoo,~A Umt Price In Words 7 6-A-15 Umt Price In Words 1 [Bamcad~, W~lng Sl~s ~d Detours Umt Price In Words Umt Price In Words, Umt Price In Words 14" Concrete S,dewa~ Umt Pnce In Wo~s Umt Price ~ P9 Woodrow Lane BID TABULATION SHEET Work Days 40 Samtary Sawer B~d No 2146 PO P-2 ]Concrete Saw Cut 356 ] LF ]$ ,57aO/LF[$ Unit Price In Words [zwe- [3¢LL,~4 Unit Price In Words ~ ~.~ Umt Price In Words FlO~ ~ SP-37 [Excavation Protection 2286 [ LF [$ ~.~LF l$ ~.O~ Umt Price ~ Words ~ ~ Umt Pnce ~ Words ~/m~ Umte Price In Words a~,t~ 5P-43 IAsph~t Saw Cut 4622 [LF I$ Unit Price In Words ~o ~ SP-45 [M,sclll~eous Spn~ler Sysem Adjustment I Umt Pnce In Words ~~ ,SP-49 lRemove 24" Ab~doned S~lt~ Sewer 55 I L F 15 ~,~0/L F 15 ~.~ Unit Price In Wo~s ~P-55 Traffic S~ 8 Umt Price In Words a Total PlO McK~nney Street BID TABULATION SHEET Work Deys_.Xil3~_ Samtary Sawer Services B~d No ~ PO W$-lg-B 1 Unit price In Words Umt Pnee I~ Words TOTAL BID SUMMARY TOTAL BID PRICE IN WORD$ ..~'h,~ ,,~J~FC~ ~ &e ~ent of ~e awed of a ~n~ct ~ &e und~sxgn~. &e und~sign~ will ~lsh a ~o~ bond ~d a ~yment bond for &e full ~ount of ~e ~n~t. ~ ~um p~r ~mph~ wi& ~e ~s ~d pmwsions of&e con.t, m insure ~d gu~t~ ~e work unUl fm~ ~mpleUon ~d ~. ~d m g~ ~yment for ~ law~l ~mms for labor ~ffo~ ~d ma~s ~mish~ m ~e ~l~m~t of ~e ~n~ct It ~s und~t~ ~t ~e work pm~s~ to be done sh~l be ~cept~. when ~lly ~mple~ ~d ~lsh~ m ~ wx& ~e pl~ ~d s~xfi~Uons, to ~e ~Usfac~on of ~e ~g~n~r ~e undersxgn~ ~fi~ ~at &e b~d pnc~ ~n~n~ ~n ~ts pro~ have b~n ~lly ch~ ~d ~ submxt~ ~ co~t ~d fln~ Umt ~d lump-sum pn~s ~ shown for ~ch ttem hst~ in ~ls pro~. sh~l consol over ex~nsxons Jagoe Public Co P ~ ~x 2~ ~nton. Tx 7A~ Street Address Cx~ and State Seal & Authonzatmn (If a Corporation) T~lephone B-1 BID SUMMARY PROJECT WORK DAYS BID I M¢I~nneySt Paving&Drainage 60 $ 3~?~,~,Z 2.7 2 WoodrowLaneSamtarySewer 40 $ 3o7~g2. oo Both paving and drainage and sanitary sewer port~on of tbas project will be awarded to one contractor Award of bid wdl be based on the total Pawng and drainage, and samtary sewer are being separated for bookkeeping purposes Workdays wdl be kept separately on each seeuon of the project See "Soquencmg" on page SC-1 of these speetficatlons for detads concernmg the order of construcuon B-2 ~ ~ ~ ~ ~ 02/12/08 moou~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOEE NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE RAMEY & KING INSURANCE POMCIE8 BELOW 830 ~. 1-35E, Suite A COMPANIES AFFORDING COVERAGE Denton TX COMPANY R Security Ins Co Jagoe-PublIo Compai~y Ino LETr~ Bill Cheek Denton TX 78202 LE~'r~R X CG~,~-03 FIRE DNvlAGE (Aay ~e fie) $ ~0000 A EXCESS Lr.a~LrrY YEMCUP342K437.$ 10/01/97 10/01/98 EACH OCCURRENCE $ 1000000 X UMBRELLA FORM AGOREOA'IE $ 1000000 O~ER A AND YEEUB342K430-~ 10101/97 10/01198 r~c. ACC~DEHt' $ 1000000 1% DEDUCTIBLE OE~CRIF~]O~ OF OPERATIONB~I.O(~A~ONBNEHICLE~PEOIAL rTEM$ CIty of Denton es Additional Insured M©Kloney Street Pavlngl & Drainage and Woodrow Lane ~enltary Sewer Ref 2146 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS B~dder's attention is directed to the insurance requ,rements below It ts h~ghly recommended that bidders confer with their respective ~nsurance carriers or brokers to determine in advance of Bid submission the ava,lability of ~nsurance cert~f,cates and endorsements as prescribed and prowded herren If an apparent Iow b~dder fa~ls to comply strictly with the insurance requirements, that b,dder may be d~squal,fled from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful b,dder shall have a duty to ma~nta,n throughout the course of this contract STANDARD PROVISIONS: W~thout hm~tmg any of the other obhgat~ons or hab~ht~es of the Contractor, the Contractor shall prowde and maintain until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the minimum ~nsurance coverage as ~nd~cated hereinafter As soon as practicable after notification of b~d award, Contractor shall file w~th the Purchasing Department satisfactory certificates of ~nsurance, containing the b~d number and t~tle of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any ~nsurance requirements at any t~me, however, Contractors are strongly adwsed to make such requests prior to b~d opening, s~nce the ~nsurance requirements may not be modified or waived after b~d opening unless a written exception has been submitted w~th the b~d Contractor shall not commence any work or del,vet any material until he or she receives notification that the contract has been accepted, approved, and s~gned by the C~ty of Denton All ~nsurance pohc~es proposed or obtained ~n satisfaction of these requirements shall comply w~th the following general specifications, and shall be maintained ~n compliance with these general specifications throughout the duration of the Contract, or longer, ~f so noted · Each pohcy shall be ~ssued by a company authorized to do bus~ness ~n 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 insurer shall reduce or ehmmate such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts AAAO0350 REVISED 10112/84 Gl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim adm~mstrat~on and defense expenses · L~abd~ty policies shall be endorsed to prowde the following · ® Name as additional insured the C~ty of Denton, ~ts Officials, Agents, Employees and volunteers · ® That such ~nsurance ~s primary to any other ~nsurance available to the additional ~nsured w~th respect to claims covered under the pohcy and that th~s ~nsurance apphes separately to each ~nsured against whom claim ~s made or su~t ~s brought The inclusion of more than one insured shall not operate to increase the ~nsurer's hm~t of I~ab~hty · All pohc~es shall be endorsed to provide thirty(30) days prior written not~ce of cancellation, non-renewal or reduction ~n coverage · Should any of the required ~nsurance be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term ofth~s contract and, w~thout lapse, for a per~od of three years beyond the contract expiration, such that occurrences arising during the contract term which g~ve r~se to claims made after expiration of the contract shall be covered · Should any of the required insurance be prowded under a form of coverage that ~ncludes a general annual aggregate hm~t prowdmg for claims ~nvest~gat~on or legal defense costs to be ~ncluded ~n the general annual aggregate hm~t, the contractor shall e~ther double the occurrence hm~ts or obtain Owners and Contractors Protective L~ab~hty Insurance · Should any required ~nsurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the C~ty receives satisfactory ewdence of reinstated coverage as required by th~s contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty may, at ~ts sole option, terminate th~s agreement effective on the date of the lapse AAAO0350 REVISED 10112~94 ~1 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All ~nsurance pohc~es proposed or obtained ~n satisfaction of th~s Contract shall additionally comply with the following marked specifications, and shall be maintained ~n compliance w~th these additional specifications throughout the duration of the Contract, or longer, if so noted [X] A General Llabdity Insurance- General L~ab~hty ~nsurance w~th combined s~ngle hm[ts of not less than 1.000.000 shall be prowded and maintained by the contractor The pohcy shall be written on an occurrence bas~s e~ther m a single policy or ~n a combination of underlying and umbrella or excess pohc~es If the Commercial General L~ab~hty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall ~nclude premises, operations, products, and completed operations, independent contractors, contractual hab~hty covenng th~s contract and broad form property damage coverage · Coverage B shall ~nclude personal ~r~jur¥ · Coverage C, medical payments, ~s not required If the Comprehensive General L~ab~hty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ~t shall include at least · Bodily ~njury and Property Damage L~ab~hty for premises, operations, products and completed operations, ~ndependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual I~ab~hty (preferably by endorsement) covenng th~s contract, personal ~njury hab~hty and broad form property damage hab~hty AAA00350 REVISED 10112/94 Gl - 3 Insurance Requirements Page 4 [X] Automobile L,abd~ty Insurance Contractor shall prowde Commercial Automobde L~abd~ty insurance w~th C0mb~ned S~ngle L~m~ts (CSL) of not less than 1.000.000 either ~n a s~ngle pohcy or m a combination of basic and umbrella or excess pohc~es The pohcy will include boddy injury and property damage hab]hty arising out of the operation, maintenance and use of all automobdes and mobde equipment used ~n conjunction with th~s contract Satisfaction of the above requirement shall be ~n the form of a pohcy endorsement for · any auto, or · all owned, h~red and non-owned autos IX] Workers Compensat,on Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, m addition to meeting the mimmum statutory requirements for ~ssuance of such insurance, has Employer's L~abfl~ty hm~ts of at least $100,000 for each accident, $100,000 per each employee, and~a $500,000 pohcy I~m~t for occupational d~sease The C~ty need not be named as an "Additional Insured" but the ~nsurer shall agree to waive all r~ghts of subrogation against the C~ty, ~ts officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For budding or construction projects, the Contractor shall comply w~th the prows~ons of Attachment 1 m 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~ab~hty Insurance The Contractor shall obtain, pay for and maintain at all t~mes during the prosecution of the work under th~s contract, an Owner's and Contractor's Protective L~abll~ty ~nsurance pohcy naming the C~ty as insured for property damage and boddy ~njury which may ar~se ~n the prosecution of the work or contractor's operations under th~s contract Coverage shall be on an AAA00350 4 REWSED 10/12/e4 ~;I Insurance Requirements Page 5 "occurrence" bas~s, and the pohcy shall be ~ssued by the same ~nsurance company that carries the contractor's habH~ty insurance Policy hm~ts wHI be at least combined bodily ~njury and property damage per occurrence w~th a aggregate [ ] Fire Damage Legal L,abllity Insurance Coverage ~s required ~f Broad form General L~ab~hty ~s not prowded or ~s unavailable to the contractor or ~f a contractor leases or rents a port~on of a C~ty building L~mlts of not less than each occurrence are required [ ] Professional Liability insurance Professional hab~hty ~nsurance w~th hm~ts not less than per claim with respect to neghgent acts, errors or om;sslons in connection w~th professional serwces ~s required under th~s Agreement [ ] Bu[lders' R;sk Insurance Builders' Risk Insurance, on an AII-R~sk form for.lO0% of the completed value shall be prowded Such policy shall tnclude as "Named Insured" the C;ty of Denton and ail subcontractors as their interests may appear [ ] Add,tional Insurance Other insurance may be required on an md~wdual bas~s for extra hazardous contracts and specific serwce agreements If such additional ~nsurance Is required for a specific contract, that requirement w~ll be described ~n the "Specific Cond;t~ons" of the contract specifications AAA00350 REVISED 10/12/94 CI ° 5 Insurance Requirements Page 6 ATTACHMENT I [X] Worker's Compensation Coverage for Building or Constructson ProJects for Governmental Entst~es A. Deflmt~ons Certificate of coverage ("cert~flcate")-A copy of a certificate of insurance, a certificate of authority to self-~nsure ~ssued by the commission, or a coverage agreement (TWCC-81, TVVCC-82, TVVCC-83, or TVVCC-84), showing statutory workers' compensation insurance coverage for the person's or ent~ty's employees prowd~ng serwces on a project, for the duration of the project Duration of the project- ~ncludes the t~me 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 prowdmg services on the project ("subcontractor" m §406 096) - includes all persons or entitles performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the ,contractor and regardless of whether that person has employees Th~s ~ncludes, w~thout hm~tat~on, ~ndependent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to prowde serwces on the project "Services" include, w~thout hmltat~on, prowdmg, hauhng, or dehvermg equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehver~es, and dehvery of portable to~lets B. The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and flhng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prowd~ng serwces on the project, for the duration of the project AAAO0350 REVISED 10/12194 Gl - 6 Insurance Requirements Page 7 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 cert,flcate of coverage ends dunng the duration of the project, the contractor must, prior to the end of the coverage penod, file a new certificate of coverage w~th 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 w~ll 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 mall or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the prowsmn of coverage of any person providing serwces on the project H. The contractor shall post on each project site a not,ce, In the text, form and manner prescribed by the Texas Workers' Compensation Commission, mform~ng 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. AAA00350 .EV~SEO ~0n2/94 CI - 7 Insurance Requirements Page 8 The contractor shall contractually require each person with whom ~t contracts to provide services on a project, to. (1) provide coverage, based on proper reporting of classification codes and payroll amounts and flhng of any coverage agreements, whzch meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all of its employees prowdmg serwces on the project, for the duration of the project; (2) prowde to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage ~s being prowded 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, ~f the coverage per~od shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom ~t contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project, and a new certificate of co~'erage showing extension of coverage, prior to the end of the coverage penod, ~f 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 in writing by certified mall or personal delivery, wlthm 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person prowding services on the project, and AAA003$0 ~'VlSED 10/12/g4 Cl - 8 Insurance Requirements Page 9 (7) contractually require each person w~th 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 w~ll be covered by workere' compensation coverage for the duration of the project, that the coverage will be based on proper reportJng of classification codes and payroll amounts, and that all coverage agreements will be filed w~th the appropriate insurance carrier or, in the case of a self-insured, with the commission's Diwslon of Self-Insurance Regulation Prov~dlng false or m~sleadtng information may subject the contractor to admlmstrat~ve penalties, criminal penaltms, civil penaltms, or other clwl actions. K. The contractor's failure to comply with ,any of these provisions is a breach of contract by the contractor which eht~tles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after recmpt of notice of b'reach from the governmental entity AAA00350 REVISED 10/12/94 CI - 9