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1998-145 ORmNANCE NOq?-/'4 $ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONSTRIJCTION OF APPROXIMATELY 5,500 FEET OF 10" SEWER FORCE MAIN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2205 - DENTON WEST FORCE MAIN AWARDED TO BOWLES CONSTRUCTION IN THE AMOUNT OF $199,018 00) WI-IEREAS, the City has sohclted, received and tabulated competitive bids for the constmct~6n ofpubhc works or improvements m 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 m the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction ofpubhc works or improvements, as described m the "Bid Inmtat~ons", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER ~ AMOUNT 2205 BOWLES CONSTRUCTION $199,018.00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute la 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 reqmmmonts specified in the Notice to Bidders including the timely execution of a written contract and funusbang of performance and payment bonds, and insurance ce~ficate after notffication of the award of the bid SECTION IH That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the blds accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto spemfymg the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive b~ds and the execution of contracts for the pubhc works and unprovements as authorized herem, the C~ty Council hereby authorizes the expenditure of funds ~n the manner and m the amount as specafied ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That flus ordinance shall become effectxve ~mmedmtely upon its passage and approval PASSED AND APPROVED tMs the~/~ dayof (~R~. .1998 JACK ~I~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2205 CONTRACT ORDINANCE CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2 day of JUNE A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and BOWLES CONSTRUCTION 1634 EASTSIDE DRIVE WICHITA FALLS, TX 76303 of the City of WICHITA FALLS County of WICHITA and State of TEXAS, hereinafter termed "CONTRACTOR" WITNESSETH That for and m cons~derataon of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the cond~nons expressed ~n the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 2205 - DENTON WEST FORCE MAIN m the amount of $199,018.00 and all extra work m connecUon therewith, under the terms as stated m the General Conditions of the agreement, and at hts (or theIr) own proper cost and expense to furmsh all matermls, supphes, machinery, eqmpment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, m accordance w~th the cond~ttons and prices stated m the Proposal attached hereto, and m accordance w~th all the General Conditions of the Agreement, the Special Condmons, the Nouce to Bidders (Advemsement for B~ds), Instructions to B~dders, and the Performance and Payment Bonds, all attached hereto, and m CA - 1 accordance with the plans, winch includes all maps, plats, blueprints, and other drawings and printed or wrttten explanatory matter thereof, and the Specifications therefore, as prepared by WATER ENGINEERING DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract Independent Status It ~s 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 ~ncome tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit C~ty 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 dnrectlon of thc City Manager of the Cxty of Denton, Texas, or hts designee under this agreement Indemnification Contractor shall and does hereby agree to mdemmfy and hold harmless the City of Denton from any and all damages, loss, or hablhty of any kind whatsoever, by reason of injury to property or third persons occasloned by any error, omission or negligent act of Contractor, Its officers, agents, employees, mwtees, and other persons for whom it is legally liable, with regard to the performance of tins Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such clanns and demands Choice of Law and Venue Tins agreement shall be governed by the law of the State of Texas and venue for Its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for thc start of work as set forth m written notice to commence work and complctc all work within the tune stated m the Proposal, subject to such extensions of tune as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR m current funds the price or prices shown in the Proposal, winch forms a part of tins contract, such payments to be subject to the General and Special Coodlt~ons of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed thru agreement m the year and day first above written ATTEST - ~/ ' (SEAI~ m~ ~ ~ Bowles Construction Company, Inc CONTRACTOR Kerri Cagle Robertson 1634 Eastside Drive Wichita Falls, TX 76303 PO Box 1764 Wichita Falls, TX 76307 MAILING ADDRESS {940) 766-3518 PHONE NUMBER (940)766-3564 FAX NUMBER TITLE R E Bowles, President APPROVED AS TO EORM × PRINTED NAME ~~i~~ (SEAL) CITY ATTORNE CA - 3 PERFORMANCI~, BOND Bond #: 13662~3 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION, whose address is 1634 EASTSIDE DRIVE, WICHITA FALLS, TX 76303, hereinafter called Prmmpal, and FJ~R ~.ur ~ ~ a corporaUon organized and extstmg under the laws of the State of TEXAS, and fully anthonzed to transact bnsmess m the State of Texas, as Surety, are held and fh'mly bound unto the C~ty of Denton, a mumclpal corporaUon orgamzed and emstmg under the laws of the State of Texas, hereinafter called Owner, m the penal sum of ONE HUNDRED NINETY NINE THOUSAND AND EIGHTI~IgN no/100 DOLLARS ($199,018.00) plus ten percent of the stated penal sum as an addmonal sum of money representing addmonal court expenses, attorneys' fees, and hqmdated damages arising out of or connected w~th the below identified Contract, m lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bmd ourselves, our he,rs, executors, adnumstrators, 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 m no event shall a Change Order or Supplemental Agreement which reduces the Contract puce decrease the penal sum of th~s Bond THE OBLIGATION TO PAY SAME is cond:tloned as follows Whereas, the Principal entered into a certain Contract, ldenUfied by Ordinance Number 98-145, with the City of Denton, the Owner, dated the 2 day of JUNE A.D. 1998, a copy of whmh is hereto attached and made a part hereof, for BID # 2205 - DENTON WEST FORCE MAIN. NOW, THEREFORE, ff the Print;pal shall well, truly and fmthfully perform and fulfill all of the undertakings, covenants, terms, condmons and agreements of satd Contract m accordance with the Plans, Specfficatlons and Contract Documents during the original term thereof and any extension thereof winch may be granted by the Owner, w~th or w~thout notice to the Surety, and during the llfu of any guaranty or warranty required under tfus Contract, and shall also well and truly perform and fulfill all the undertakmgs, covenants, terms, condmons and agreements of any and all duly anthorLzed rnodfficaUons of said Contract that may hereafter be made, nottce of which modfficauons to the Surety being hereby wawed, and, ff the Principal, shall repatr and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of f'mal compleUon and final acceptance of the Work by the Owner, and, if the Principal shall fully mdemmfy and save harmless the Owner from all costs and damages wh;ch Owner may suffer by reason of fmlure to so perform hereto and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur m making good any default or defimency, then this obllgaUon shall be vmd, otherwise, ~t shall remain in full force and effect PB - 1 PROVIDED FURTHER, that If any legal acuon 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 sUpulates and agrees that no change, extension of tane, alteraUon or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spee~fieaUons, Drawings, ere, accompanying the same, shall m anywise affect ~ts obhgaUon on th~s Bond. and n does hereby waive notice of any such change, extension of tame, alteraUon or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, ere Th~s Bond is given pursuant to the provmons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety hereto as the Resadent Agent m Denton County to whom any requmte nonces may be delivered and on whom serwce of process may be had in matters arising out of such suretyship, as provided by Aruele 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, th~s instrument as executed m 4 cop~es, each one of which shall be deemed an original, th~s the 2 day of JUNE 1998. ATTEST PRINCIPAL SEC~TA Ry~~ BOWLES CONSTRUCTION COMPANY, INC. BY Andrew W Bowles R E Bowles ATTEST: SURETY  FAR WEST INSURANCE COMPANY BY ATTORNEY-IN-FACT~' Steve Rauch The Resident Agent of the Surety in Denton County, Texas for delivery of not~ce and serwce of the process is NAME PCL CONTRACT BONDING AGENCY STREETADDRIESS 206 ELM ST , #105, LEWISVILLE, TX 75057 972/221 -9448 (NOTE Date of Performance Bond must be date of Contract If Resident Agent ts trot a corporatton, gtve a person's name ) PB - 2 PAYMENT BOND Bond # 1366253 STATE OF TEXAS § COUNTY OF DENTON § K4NOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION, whose address is 1634 EASTSIDE DRIVE, WICHITA FALLS, TX 76303, hereinafter called Principal, and FAR WEST INSURANCE COMPANY a corporaUon organized and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal corporation organ,zed and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporaUons who may furmsh ntaterlals for, or perform labor upon, the building or unprovements heremafier referred to, in the penal sum of ONE HUNDRED NINETY NINE THOUSAND AND EIGHTEEN no/100 DOLLARS ($199,018.00) m lawful money of the United States, to be paid m Denton, County, Texas, for the payment of wlueh sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admunstrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automaUcally be increased by the amount of any Change Order or Supplemental Agreement whtch increases the Contract price, but m 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 m cond~uoned as follows Whereas, the Principal entered rote a certain Contract, identified by Ordmnance Number 98-145, with the City of Denton, the Owner, dated the 2 day of JUNE A.D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2205 - DENTON WEST FORCE MAIN. NOW, THEREFORE, if the Principal shall well, truly and fmthfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporatxons and claunants supplying labor and/or material m the prosecution of the Work prowded for In said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of'which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain m full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie m Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alteration or add~tlon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specxficauons, Drawings, etc, accompanying the same, shall in anywme affect its obligation on this Bond, and it does hereby waive notice of any such change, extensmn of tune, alteratmon or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB - 3 Thru Bond m gaven pursuant to the prov,slons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety hereto as the Resident Agent m Denton County to whom any requisite notices may be dehvered and on whom service of process may be had in matters arising out of such suretyship, as provxded by Artxcle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed m 4 copies, each one of which shall be deemed an original, this the 2 day of JUNE, 1998. ATTEST PRINCIPAL /~/ ~/~-~.-~/~/~6~ , ~~ BOWLES CONSTRUCTION COMPANY, INC SECRETARY ' BY PRESiD~'~NT ATTEST SURETY ATTORNEY-IN-FACT Steve Rauch The Resident Agent of the Surety m Denton County, Texas for dehvery of notice and service of the process is NAME . PCL CONTRACT BONDING AGENCY STREET ADDRESS 206 ELM ST.t #105t LEWISVILLE~ TX 75057 972/221 -9448 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, gtve a person's name ) 2205--CONTRACT & BONDS PB - 4 POWER NUMBER 0000877739 This document is printed on wfute paper containing the amfielal wat~marked logo ( ~ ) of Amwest Surety Insurance Company on the front and brown security paper on the back Only unaltered originals of the Drmted Power of Attumey ( POA ) are vahd This POA may not be used in conjunctton with any other POA No representatmns or warrant~es regarding this POA may be made by any person Th~s POA ~s governed by the laws of the State of Nebraska and is only vabd until the expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the Company ) shall not be hable on any hmtted POA whmh ~s fraudulently predueed, forged or otherwise d~strlbuted w~thout the perrmsslon of the Company Any party concerned about fue vabd~ty of this POA or an accompanying Company bond should call your local Amwest branch office at (972} 503-6925 KNOW ALL BY THESE PRESENT that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company a Nebraska corporatmn (collectively the' Company' ), do hereby make ¢oeabtute and appoint VIvlan Campbell Connie Wofford Gall A Barraza Steve Rauch Lannle Mc Claln Beverly Trlmble Daniel D Waldorf Nancy Ruano As Employees of AMWEST SURETY INSURANCE CO tts true and lawful Attorney m-fact, w~fa hnuted power and authomy for and on behalf of the Company as surety to execute dehver and affix the seal of the company thereto as follows All Bonds up to $25,000,000 00 and to brad the company thereby Th~s appointment ~s made under and by atuhonty of the By Laws of the Company, which are now m full force and effect l, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporatton and Far West Insurance Company a Nebraska corporatton DO HEREBY CERTIFY that th~s Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney and that the relevant prov~smns of the By Laws of each company are now In filll force and effect .... ~ Karen G Cohen Secretary * * * * * + * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * * This POA Is signed and sealed by faesnmle under end by the authority of the following resolutions adopted by the Board of D~rcctors of Amwest Surety Insurance Company at a meeting duly beld on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28 1983 RESOLVED that the President or any Vine President, In ¢onjunctmn vnth the Secretary or any Assistant Secretary may appoint attorneys ~n fact or agents wtth authority as defined or htmted m the instrument emdencmg the appointment m each ease, for and on behalf of the Company to execute and debver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obhgatlons of all kmds, and smd officers may remove any such attorney ~n-fact or agent and revoke any POA prewously granted to such person RESOLVED FURTHER, that any bond, undertaking, recognizance or suretyship obhgatmn shall be vahd and brad upon the Company 0) when signed by the Presldellt or any V~ce President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary, or (n) when signed by the President or any V~ce President or Secretary or Assistant Secretary and countersigned and sealed (Ifa seal be reqmred) by a duly authorized atiorney-m fact or agent, or (m) when duly executed and sealed (if a seal be required) by one or more attorneys m fact or agents pursuant to and w~thln the hrcats of the authority evidenced by the power of attorney issued by the Company to such person or persons RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certlficatmn thereof autbenzlng the executmn and debvery of any bond, undertaking recognizance, or other suretyship obbgaoons oftbe Company and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far W~st Insurance Company have caused these present to be s~gned by ~ts proper officers and rts State of Cahforma County of Los Angeles On December 12, 1997 before me, Peggy B Lotion Notary Public, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me on the hasps of saUsfactory evidence) to be the person(s) whose name(s) is/are subscabed to the w~th~n msh'ument and acknowledged to me all that he/sha/they executed the ~ame m hxs/ber/tbelr authnnzed capac~ty0ea) and that by h~s/her/thelr signature(s) on the msttument the person(s) or the entity upon behalf of which the person(s) acted /.q'2o'~ ~{¢,o~ ~'~-/o" "¢,,',o~1 - ,, ,o .~. ~o.o.,.,.,~. ...... · ~11~'~'] tm~C~n,t E IMPORTANT NOTICE To obtain information or make a complaint. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaInts at 1-800-252-3439 You may write the Texas Department of Insurance. P. O. Box 149104 Austin, TX 78714-9104 FAX ~(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dlspute concerning your premium or about a claim you should contact the agent or the company first. If the dlspute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY' This notlce is for information only and does not become a part or condition of the attached document. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS B,dder's attention ,s directed to the insurance requirements below It ,s h,ghly recommended that bidders confer with the,r respect,va ,nsurence carnere or brokers to determ,na ,n advance of Bid submission the ava,lability of ,nsurenca certificates and endorsements as prescribed end provided harem If an apparent Iow bidder fails to comply str,ctly w,th the ,nsurence requirements, that b,dder may be dmequahfled from award of the contract. Upon bid award, all ,nsurance requ,remente shall become contractual obligations which the successful bidder shall have a duty to mamta,n throughout the course of this contract STANDARD PROVISIONS: W~thout hm~t~ng any of the other obhgat,ons or Imb,l~t,es of the Contractor. the Contractor shall prov,de and ma,nta~n unt,I the contracted work has been completed and accepted by the C~ty of Denton. Owner. the mm,mum ~nsurance coverage as ~nd~cated hereinafter As soon as practicable after not,flcat~on of b~d award. Contractor shall file w,th the Purchasing Department sat,sfactory cert,flcates of insurance, conta,mng the b~d number and title of the project. Contractor may. upon written request to the Purchasing Department. ask for clanflcatlon of any ~nsurance requ,rements at any time. however. Contractors are strongly adv,sed to make such requests pr, or to b,d opemng. since the ,nsurance requirements may not be mod,fled or wa,ved after b,d opening unless a written except,on has been submitted w~th the b,d Contractor shall not commence any work or deliver any material until he or she receives notification that the contract hae been accepted, approved, and signed by the C,ty of Denton All ~nsurance pohc,es proposed or obta,ned ~n satisfaction of these requirements shall comply w~th the following general spec~flcat,ons, and shall be me,nra,ned ~n comphance w,th these general spec~flcat,ons throughout the durat,on of the Contract. or longer. ~f so noted. a Each pol,cy shall be ,ssued by a company authonzed 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-~nsured retentions shall be declared ~n the b~d proposal If requested by the C,ty. the insurer shall reduce or ehm~nate such AAAOO350 REVISED 10/12/94 CI - 1 Insurance Requ,rements Page 2 deductibles or self-insured retentions w~th respect to the C~ty, ~ts offlmals, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvest~gatlons, claim admlmstratlon and defense expenses ® Lmblhty policies shall be endorsed to prowde the following Name aa additional insured the City of Denton, ~ts Officials, Agents, Employees and volunteers That suct, insurance ~s primary to any other insurance available to the additional ~nsured with respect to claims covered under the pohcy and that this insurance applies separately to each insured against whom claim Is made or suit ~s brought The ~nclus~on of more than one insured shall not operate to ~ncrease the ~nsurer's hmlt of liability · All pohclea shall be endorsed to prov,de thirty(30) days prior Whiten notme of cancellation, non-renewal or reduction ~n coverage · Should any of the required ~nsurence be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of th~s contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered · Should any of the required ~nsurence be provided under a form of coverage that ~ncludes a general annual aggregate limit providing for claims ~nvestlgatlon or legal defense costs to be ~ncluded m the general annual aggregate hmlt, the contractor shall either double the occurrence {Im~ts or obtain Owners and Contractors Protective L~ablhty Insurance · Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satmfactory ewdence of reinstated coverage as required by thru contract, effective aa of the lapse date If ~nsurance ~s not reinstated, C~ty may, at ~ts sole option, terminate thru agreement effective on the date of the lapse AAAO0350 REVISED 10112194 CI - 2 Insurance Requirements Page 3 may, at ~ts sole option, terminate th~s agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance pohc~es proposed or obtained m sat~sfact;on of th~s Contract shall add~t;onall¥ comply w;th the follow;ng marked specifications, and shall be maintained ~n comphance w;th these add;t~onal spemflcat;ons throughout the duration of the Contract, or longer, ~f so noted [X] A General Liability Ineurance General Lmb~hty insurance w~th combined s~ngle hm~ts of not less than $1,000,000 00 shall be prowded and ma;nra,ned by the contractor The pohc¥ shall be wntten on an occurrence bas~s e~ther tn a single pohc¥ or ~n a combmat;on of underlying and umbrella or excess pohmes If the Commermal General L~ab~l~t¥ 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 this contract and broad form property damage coverage · Coverage B shall ;nclude personal injury · Coverage C, medical payments, ~s not required If the Comprehensive General Lmb~ht¥ form (ISO Form GL 0002 Current Edit;on and ISO Form GL 0404) ~s used, ~t shall ~nclude at least · Bodily ~njur¥ and Property Damage Lmb~ht¥ for premises, operatmns, products and completed operations, ~ndependent contractors and property damage result;ng from explosion, collapse or underground (XCU) exposures AAAO0350 .EWS~D ~o/~2~s4 CI - 3 Insurance Requirements Page 4 · Broad form contractual hablhty (preferably by endorsement) covenng thru contract, personal injury hablhty and broad form property damage hab~hty [X] Automobile Liability Insurance: Contractor shall prowde Commermal Automobile Lmb~hty ~nsurance with Combined S~ngle I~mlts (CSL) of not less than $1.000.000 00 either ~n a s~ngle pohcy or m a combination of basic and umbrella or excess policies The pohcy will include bodily Injury and property damage hab~hty arising out of the operation, maintenance and use of all automobiles 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 [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which. ~n addition to meeting the m~mmum statutory requirements for ~ssuance of such ~nsurance. has Employer's Llab~hty hmlts of at least $100.000 for each accident. $100.000 per each employee, and a $500.000 policy limit for occupational d~sease The City need not be named as an "Additional Insured" but the ~nsurer shall agree to waive all nghts of subrogation against the City. ~ts officials, 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 prowslons of Attachment 1 ~n accordance w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) AAAO0350 ,EWS~D ~o/~=/s4 CI - 4 Insurance Requirements Page 5 Owner's and Contractor's Proteot;ve L~ability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Llab~hty insurance policy naming the C~ty as ~nsured for property damage and bodily ~njury which may arise ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an "occurrence" bas~s, and the policy shall be ~ssued by the same ~nsurance company that carries the contractor's hab~hty ~nsurance. Pohcy hm~ts will be at least combined bodily injury and property damage per occurrence w~th a aggregate F~re Damage Legal Liability Insurance Coverage ~s required ~f Broad form General L,ab~hty ~s not provided or ~s unavailable to the contractor or if a contractor leases or rents a portion of a C~ty building L~mlts of not less than each occurrence are required Professional Liability Insurance Professional hab~hty ~nsurance w~th hmlts not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under th~s Agreement Bu,lders' Risk Insurance Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value shall be provided Such policy shall ~nclude as "Named Insured" the City of Denton and all subcontractors aa their ~nterests may appear Additional Insurance Other insurance may be required on an ~nd~wdual basis for extra hazardous contracts and specific service agreements If such additional ~nsurance ~s required for a specific contract, that requirement w~ll be descnbed in the "Specific Conditions" of the contract specifications AAAOO3EO REVISED I0/1219~, CI - 5 Insurance Requirements Page 6 ATTACHMENT I [] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Deflmtlons Certificate of coverage ("certlflcate")-A copy of a certificate of insurance, a certificate of authority to self-insure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation Insurance coverage for the person's or sntlty's employees prowdlng serwces on a project, for the duration of the project Duration of the project - includes 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 providing services on the project ("subcontractor" ~n §406 096) - includes all persons or ent~tles performing all or part of the services 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 ~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 furnishes persons to prowde serwces on the project "Serwces" include, w~thout hm~tatlon, providing, hauhng, or dehvenng equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply dehverles, and delivery of portable to~lets B The contractor shall provide coverage, based on proper reportlng of classification codes and payroll amounts and flhng of any overage agreements, which meets the statutory requirements of Texas Labor Code, AAA00360 R~ws~{~ ~ o1~ 2/g4 C I - 6 Insurance Requirements Page 7 Section 401 011 (44) for all employees of the contractor providing serwces 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 with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and prowde to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons prowdmg 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, ~f 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 not~fy the governmental entity ~n 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 provision of coverage of any person providing services on the project AAA00350 .Ews~D ~o. 2~94 C I - 7 Insurance Requ,rements Page 8 H The contractor shall post on each project s,te a not,ce, ~n the text, form and manner prescribed by the Texas Workers' Compensatmn Comm,ss,on, inform,ng all persons prov,d~ng services on the project that they are requ,red to be covered, and stating how a person may ver,fy coverage and report lack of coverage. I. The contractor shall contractually requ,re each person w,th whom ~t contracts to prov,de serv,ces on a project, to (1) prov,de coverage, baaed on proper report,ng of class,flcat,on codus and payroll amounts and firing of any coverage agreements, wh,ch meets the statutory requ,rements of Texas Labor Code, Sect, on 401 011 (44) for all of ~ts employees prov,d,ng serwces on the project, for the durat,on of the project, (2) prov,de to the contractor, prior to that person beg~nmng work on the project, a cert,flcate of coverage show,ng that coverage ~s being provided for all employees of the person prov,d~ng serwces on the project, for the durat,on of the project, (3) prov,de the contractor, pr,or to the end of the coverage per,od, a new cert, flcate of coverage show,ng extens,on of coverage, ~f the coverage per~od shown on the current cert,flcate of coverage ends during the duration of the project, (4) obtain from each other person w~th whom ~t contracts, and prowde to the contractor (a) a cert,flcate of coverage, prior to the other person beg~nmng work on the project; and (b) a new cert,flcate of coverage showing extens,on of coverage, prior to the end of the coverage per,od, ~f the coverage per,od shown on the current cert,flcate of coverage ends during the duration of the project, AAAO03~O CI ,EWS;D ~0/~2/94 ' 0 Insurance Requirements Page 9 (5) retain all requ,red cert,flcates of coverage on file for the duration of the project and for one year thereafter, {6) not~fy the governmental entity in writing by cert,fled mad or personal del,very, w~th,n 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person w~th whom ~t contracts, to perform as required by paragraphs (1) - (7), w~th the certificates of coverage to be provided to the person for whom they are prowd~ng services J By s~gnlng th~s contract or prowdlng or causing to be provided a cert, flcate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who wdl provide services on the project wdl be covered by workers' compensation coverage for the duration of the project, that the coverage wdl be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements wdl be flied w~th the appropriate ,nsurance carner or, ~n the case of a self-insured, w~th the commission's Div,s,on of Self-Insurance Regulation Provld,ng false or m~slead,ng informer,on may subject the contractor to adm~nlstrat,ve penalties, crlm~nal penalt,es, clwl penalties, or other c~wl actions K The contractor's fa,lure to comply w~th any of these prows,ons ~s a breach of contract by the contractor which ent~tles the governmental entity to declare the contract vo,d ~f the contractor does not remedy the breach w~th~n ten days after rece,pt of notlce of breach from the governmental entity AAA00350 9 RI;VISED I 0/12/9~. ~,1 BID SUMMARY In the evem of the award of a contract to the undersigned, the undersigned will fun'ash a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful clau-ns fu- labor performed and materials furmshed m the fulfillment of the contract It Is understood that the work proposed to be done shall be accepted, when fully completed and fimshed m accordance w~th the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bid prices contained tn tlus proposal have been carefully checked and are submitted as correct and f'mal Unit and lump-sum prices as shown for each ~tem hsted tn tbas proposal, shall control over extellslOl~ The undersigned agrees to complete the Project in ~ CONTRACTO]I~-~ Street Address C~ty and State Seal & Authorization (If a Corporation) < qqp ) 76,/~5/ fi Telephone 70/.0- 3K~q ~ ) B-1 DENTON WEST FORCE MAIN BID SCHEDULE Amounts shall be wntten m words and figures In case of discrepancy between the wntten amount and the figures, the written amount w~ll govern For descnptmn of bid ~tems, see Sectmn D of these specs DESCRIPTION OF ITEMS UNIT AMOUNT BID QTY UNITS WITH BID PRICES WRITTEN IN PRICE BID ITEM WORDS 1 01 5,050 LF 10" PVC (150 ps0 FORCE MAIN, complete ~n place for the sum of ~ Dollars & n.O Centsperhnearfoot $ 2~)~ $°-- -H[.~'~1-.~-~ 1 02 300 LF 10" PVC (150 ps0 FORCE MAIN IN 20" STEEL CASING PIPE by other than open cut, complete in place for the sum of ~,c~ Dollars & ~O Cents per hnear foot $ /~0~ $ 3~~ 1 03 54 LF 10" PVC (150 ps0 FORCE MAIN IN 20" STEEL CASING PIPE by open cut, complete m place for the sum of ~,¢~. Dollars& ~ Cents per l~near foot $ ~ $ ~?~ 972134010 00300-1 DESCRIPTION OF ITEMS BID UNIT AMOUNT QTY UNITS WITH BID PRICES WRITTEN IN ITEM WORDS PRICE BID 1 04 I EA FOR CONNECTING 10" FORCE MAIN TO EXISTING 6" PUMP DISCHARGE, complete in place for the sum of Dollars & n/3 Cents per each $ ~D~ $ 1 05 1 SA FOR CONNECTING 10" PVC FORCE MAIN TO EXISTING 12" MAIN, complete ~n place for ~ Dollars & 3/3 Cents per each $ $ 1 00 1 06 1 EA FOR FURNISHING AND INSTALLING 10" CHECK VALVE, complete in place for Dollars & ~ Cents per each $ ~DDD~-~'D $ ~DDD~-'~ 972134010 00300-2 BID DESCRIPTION OF ITEMS UNIT AMOUNT ITEM QTY UNITS WITH BID PRICES WRITTEN IN PRICE BID WORDS 1 07 3 EA FOR FURNISHING AND INSTALLING 2" AIR AND VACUUM VALVE ASSEMBLY, including 2" air/vacuum valve, 2" gate valve, concrete manhole and nser p~pe assembly, complete place for ~A/ /{~,,1~//-¢~] Dollars & mr) cents pereach $ .~ 1 08 1 2 TON FOR FURNISHING AND INSTALLING IRON FI~INGS, complete ~n place for nl~ ~,,~ Dollars & nD Cents per ton 3-C 40 SY FOR REMOVALAND DISPOSAL OF CONCRETE DRIVEWAYS AND SIDEWALKS, ~nclud~ng saw cuffing ~,P~e,n , Dollam & ~ ~ Cents per ton 972134010 00300-3 DESCRIPTION OF ITEMS BID UNIT AMOUNT ITEM QTY UNITS WITH BID PRICES WRITTEN IN WORDS PRICE BID 8 3 20 SY FOR FURNISHING AND PLACING CONCRETE PAVEMENT, complete In place for ~l,j._.~.~ Dollars & r~ ~) Cents per sq yd $ :~,~D_~.D $ ~q~) ~ 8 3A 20 SY FOR FURNISHING AND PLACING CONCRETE SIDEWALK, complete in place for f~ Centspersq yd $ '~2D-~/) $ b/"/~ SP-37 5,104 LF TRENCH SAFETYAND SUPPORT, complete m place for -J['z~J z9 Dollars & /3/~ Centsperhnearfoot $ ~,~ ~ $ 1 09 1 LS TRENCH SAFETY DESIGN, complete ~n place for ~ Dollars & /3/) Cents per lump sum $/~)D~(J'~'~ $1DDD 972134010 00300-4 BID DESCRIPTION OF ITEMS UNIT AMOUNT ITEM QTY UNITS WITH BID PRICES WRITTEN IN WORDS PRICE BID 3 12 1 LS FOR FURNISHING, INSTALLING AND MAINTAINING EROSION CONTROL DEVICES, complete in place for Dollars & /")/~ Cents per lump sum $/~/~)D~) 8 1 1 LS FOR INSTALLATION AND MAINTENANCE OF TRAFFIC CONTROL DEVICES, complete m place for ~~ Dollars & nD Centsperlumpsum $ 2~D~-'~ $ ~.~DD~-'~ 1 lO 2 EA FOR FURNISHING AND INSTALLING PROJECT S,GN, complete ~n place for ~~_ Dollars & Ft O Cents per each $ .-~'~ $ TOT^LAMOUNT 972134010 00300-5 ,IUL-01-19~9~ ~.4~ FROr,1 BI? 5ec3 454~ TO 91o~4~a~,973~. P B1 Cade~ead S~effler Insur~oe ~Y ~D ~s ~ nl~ ~ ~ ~,~ Bedford, ~ 76095 AMa~land Llo~ Instate Co~y Bowles ~ne~o=ion Co, Inc BNa=ional S~anda~ Ins. C~y PO B~ 1764 Wiohi=a Falls, ~ 76307 CNo~he~ In~ur~ A ~msw~ BP~2013899 11/01/97 11/01/98 ~*~ans~*m ~~ ~ ~,~um ~, 000,000 ~2S03 , t~*s~f~ ~00,000 ~ ~NV~ ~m~D~$KuMr ~ ~ 0~0 ~ 000 -- ~DUL~D ~ _ B2~c ~2/~0 C ~mw~ ~GSOTO268 " 2~/02/97 ~a~ i~, 000,000 ~ UMBn~A~mM ~mmn~ ;1,000,000 C ~~O TC868070219 11/01/97 11/01/98 ~mo~ ~, 00P, 0,00 ~m~ ~ ~= n~.~u~ ~, 000,000 0m~,~me~ ~ Blk~ WOB/30 P~.~ ~1., 000,000 Addt=ional Insured on a prt~ ~d non ~n=rtbu~o~ ~sts on ~he ~neral (See At=ach~ StiPule. ) 221 N. Blm Den=on ~ 76201 ..........- JUL-Bi-lO98 86 44 ~RI~ 81'~ 58 4~4c:J TO 9194B~J497302 P ~ Li~ili~ and a~ ~ttio~l I~ed on ~he Auto polio. Waist of S~ro~a~ion ts in~lude~ on Work Co~ poliO.