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1997-212 ORDINANCE NO ~'o~/~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the 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 SECTION l That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitalsons", "Bid Proposals" or plans and specfficatlons on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2069 JAGOE PUBLIC COMPANY $442,850 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furmshmg of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto spemfylng the terms, condmons, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competlttve bids and the execution of contracts for the pubhc works and ~mprovements as authorized herexn, the Cxty Council hereby authorizes the expenditure of funds m the manner and m the amount as specffied m such approved bids and anthonzed contracts executed pursuant thereto SECTION V That fins orchnance shall become effective ~mmedmtely upon xts passage and approval PASSED AND APPROVED thxs the,.2~'6~ day of~ ,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DATE AUGUST 5, 1997 CITY COUNCIl. REPORT TO Mayor and Members of the City Council FROM Kathy DuBose, Executive Director of Finance SUBJECT BID # 2069 -- FORT WORTH DRIVE UTILITY RELOCATION RECOMI%IEI~II~ATION: We recommend this bid be awarded to the low bidder, Jagoe Public Company, in the mount of $442,850 00 SUMMARY: This bid is for all labor and materials necessary for the relocation of approximately 325 feet of 20" waterlme, 2092 feet of 8" waterhne, and 565 feet of 6" waterline Sanitary sewer mains to be relocated consist of 316 feet of 10" sanitary sewer, 2156 feet of 8" sanitary sewer, and 12 manholes The relocation project starts at Collins Street and ends at Interstate 35 These relocations are necessary due to the proposed state highway improvements planned by Texas Department of Transportation p_JIOGRAMS.. DEPARTMENT~ OR GROUPS AFF_IW_,~LT~I~ Water & Sewer F~eld Services, Water & Sewer Utlhty Customers of the City of Denton, and the Citizens of Denton FISCAL IMPACT-. Budget funds for this project will come from 1997 CIP Revenue Funds Account Number 620-081-0461-R508-9114 Attachments Tabulation Sheet PUB Meeting Minutes Recommending Approval Respectfully submitted Executive l~frector of Finance Prepared by Name Denise Hat'pool Title Scmor Buyer Name Tom D Shaw, C P M Title Purchasing Agent 909 AGENDA "069 BID NAME FT WORTH DRIVE UTILITY JAGOE DICKERSON CIRCLE C RELOCATIONS PUBLIC CONST CONST COMPANY COMPANY COMPANY OPEN DATE JULY 22, 1997 VE~NDOR DESCRIPTION VENDOR - VENDOR TOTAL BID AWARD $442,S$0 00 $511'397 00 [ $599,718 00 ADDENDUM YES _ YES YES BOND YES YES YES DRAFT PUBLIC UTILITIES BOARD MEETINO MINUTES EXCERPT 12 CONSIDER APPROVAL OF BID OPENING NO 2069 TO JAOOE PUBLIC COMPANY IN THE AMOLrNT OF $442,850 000 FOR CONSTRUCTION OF FORE WORTH DRIVE (HWY 377) UTILITY RELOCATIONS Ms Jordan presented th~s item and chscussed the relocation of specific water/sewer hncs located or~ Collins St and I35E She smd that this project was under budget and that the b~ds were below the estimated contract amount Mr Fhompson made a motion to approve the Rem as presented Mr Norton s~¢ond~d the motion Approved as presented JUL 3 0 1997 c~V OF ~c~]ON LEGAL DEPT CONTRACT AGR]~IVI IT (~ ,/I ,'~(~-x~ ~(~.~,Oc.~j~ STATE OF TE~S ~ CO~TY OF DENTON ~ THIS AGREEMENT, made and entered into this 9 day of AUGUST A.D., 19 97, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, actl.-q through .~.~ D~NAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," JAGOE PUBIC COMPANY P.O. BOX 250 3020 FT. WORTH DRIVE DENTON, TX 76205 of the city of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in th= bonds attached hereto, CONTRACTOR hereby agrees with OWNER to oommence and complete performance of the work specified below: BID # 2069 -- FORT WORTH DRIVE UTILITY RELOCATION in the amount of $442r850-00 and all extra work in connection therewith, under the terms as state2 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 accordance with the plans, which includes all maps, plats, CA - I blueprints, a, other drawings and print or written explanator£ ma~ter thereo~, and the Specifications t,,erefore, as prepared ENGINEERING AND T~ANSPORTATION DEPARTMENT all of which are made a part hereof and collectively evidence 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, wit~%holding, socla! 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 sttached specifications at the general direction of the City Manager of fha City of Denton, Texas, or his designee under this agreement. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent ac= of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the 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. IN WITNE~ WHEREOF, the par=les ~ these presents ha~e executed this sreement in the year and ~.y first above wrl==en. (SEAL) ATTEST: CONTRACTOR ~¢ Co D~nton, Tx 76202 MAILING ADDRESS F~ ~ER T~TLE PRINTED N~E APPROVED AS TO FqRM: (SEAL) City Attorney / AAA0184D Rev. 07/28/94 CA - 3 pERFORMANCE BOND THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY, whose address is P.O. BOX 250, 3020 FT. WORTH DR., DENTON, TX 76205, hereinafter called Pnnclpal, and Seaboard Surety Company , a corporation organized and exmtang 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 municipal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, m the penal sum of FOUR HUNDRED FORTY TWO THOUSAND EIGHT HUNDRED FIFTY AND no/100-- DOLLARS ($442,850.00) plus 10 pement of the stated penal sum as an addlUonal sum of money representing additional court expenses, attorneys' fees, and hqmdated damages arising out of or con- nected w~th the below xdenUfied Contract, ~n lawful money of the Umted States, to be prod in Denton County, Texas, for the payment of wbach sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admlmstrators, successors, and asmgns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement wbaeh increases the Contract price, but in no event shall a Change Order or Supplemental Agreement wbach reduces the Contract price decrease the penal sum of tbas Bond THE OBLIGATION TO PAY SAME lS condmoned as follows Whereas, the Pnnc~pal entered into a certmn Contract, ldentffied by Ordinance Number 97-212, with the City of Denton, the Owner, dated the 5 day of August A D 1997, a copy of wluch m hereto attached and made a part hereof, for BID # 2069 -- FORT WORTH DRIVE UTILITY RELOCATION NOW, THEREFORE, ~fthe Pnnclpal shall well, truly and fmthfully perform and fulfill all of the undertahngs, covenants, terms, con&tlons and agreements of smd Contract in accordance w~th the Plans, SpecfficaUons and Contract Documents dunng the ongmal term thereof and any extension thereof wluch may be granted by the Owner, w~th or wtthout noUce to the Surety, and dunng the life of any guaranty or warranty reqmred under this Contract, and shall also well and truly perform and fulfill all the undertalangs, covenants, terms, conditions and agreements of any and all duly authonzed modfficataons of smd Contract that may hereafter be made, noUce of wluch modlficauons to the Surety being hereby waived, and, ~fthe Pnnc~pal shall repatr and/or replace all defects due to faulty matenals and workmanship that appear vathm a penod of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Pnnc~pal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform here~n and shall fully reimburse and repay Owner all outlay and expense whtch the Owner may incur m mahng good any default or deficiency, then this obhgatlon shall be void, otherwme, it shall rematn m full force and effect PROVIDED FURTHER, that ~f any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas PERFORMANCE BOND - Page 1 AND PROVIDED FURTHER, that the smd Surety, for value received, hereby mpulates and agrees that no change, extension of time, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficataons, Drawings, etc, accompanying the same, shall m anywme affect its obhgat~on on thts Bond, and it does hereby wmve notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond m given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent m BENTON County to whom any reqmmte notices may be delivered and on whom service of process may be had m matters arising out of such suretyslup, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, tins ~nstmment ~s executed m 4 copies, each one of which shall be deemed an original, this the S day of August, 1997 ATTEST PRINCIPAL JAGOE PUBLIC COMPANY ATTEST SURETY SEABOA 0 SURETY COMPANY [ \ ' ATTORNEY.i~N.FACT The l~,~ent Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Wiliis ¢ovvoon Corporation of Texas STREETADDRESS 13355 Moel Road, Suite 400, Dallas, Texas 75240-6612 (NOTE Date of Performance Bond must be date of Contract If Resident Agem is not a corporation, give a person's name ) [Revlsed 2/9~] E \FORMS\PERFORM BON PERFORMANCE BOND - Page 2 PAYMENT BOND THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That JAGOE PUBLIC COMPANY, whose address is P.O. BOX 250, 3020 FT. WORT$I DR. DENTON, TX 76205, hereinafter called Pnnclpal, and Seaboard Surety Company , a corporation orgamzed and emstmg 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 municipal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the bmldmg or improvements hereinafter referred to, in the penal sum of FOUR I-IUNDRED FORTY TWO THOUSAND EIGHT $IUNDRED FIFTY ANID no/100-- DOLLARS ($442,850 00) in lawful money of the Umted States, to be prod in Denton County, Texas, for the payment of wbach sum well and truly to be made, we hereby bmd ourselves, our heirs, executors, adrmmstrators, successors, and assigns, j emily and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement winch increases the Con,'act pnce, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered line a certain Contract, identified by Ordinance Number 97-212, with the City of Denton, the Owner, dated the 5 day of August, A D 1997, a copy of wbach is hereto attached and made a part hereof, for BID # 2069 -- FORT WORTI-I DRIVE UTILITY RELOCATION NOW, THEREFORE, if the Pnncipal shall well, truly and fmthfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and clmmants supplying labor ancVor material in the prosecution of the Work provided for in smd Contract and any and all duly authorized mochficatlons of smd Contract that may hereafter be made, notice of winch modifications to the Surety being hereby expressly wmved, then this obligation shall be void, otherwise it shall remmn in full force and effect PROVIDED FURTHER, that if any legal action be filed on ttus Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extension of tane, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall in anyw, se affect its obligation on this Bond, and it does hereby wmve notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PAYMENT BOND - Page 1 Thts Bond ~s gxven pursuant to the prowmons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and demgnated agent is hereby designated by the Surety herein as the Resident Agent ~n DENTON County to whom any reqms~te notices may be delivered and on whom service of process may be had m matters arising out of such suretyslup, as prowded by Article 7 19-1 of the Insurance Code, Vemon's Annotated Clwl Statutes of the State of Texas IN WITNESS WHEREOF, thru instrument is executed in 4 copies, each one of whmh shall be deemed an onglnal, thtsthe 5th dayof August , 19 97 ATTEST PRINCIPAL JAGOE PUBLIC COMPANY SECRETARY / ~' ~,,Ic~ PRESIDENT ATTEST SURETY SEABOARD SURETY COMPANY ATTORNEY-Ilq-FACT Rosemary Weaver The Res/dent Agent of the Surety ~n Denton County, Texas for dehvery of notice and servme of the process 1s NAME Willis Corroon Corporatxon of Texas STREETADDRESS 13355 Noel Road, Suite 400, Dallas, Texas 75240-6612 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, glve a person's name ) PAYMENT BOND - Page 2 ~For..v. eriflcatlon ~ the.autt].entlclty of this Power of.Attorney you may call collect, 908-658-3500 end ask for the Power of Attomey clerk Please refer to the Power ~t~ome¥ oumDer, me above named Indivldual(8~ and details of the bond to which the power Is edaohed Irt New York, D[SJ 212.627-5444 TIg)0RTANT NOTICE TO OBTATN TNFORI4AT/ON OR HAKE A COHPLATNT: YOU HAY CONTACT THE TEXAS DEPARTHENT OF TNSURANCE TO OBTAZN ZNFORI4AT/ON ON COl4)ANZES~ COVERAGES, RTGHTS OR CO&G)LATNTS AT: 1-800-252-3439 You HAY tmTTE THE TEXAS DEPARTHENT OF TNSURANCE: P. 0. Box 149104 AUSTIN, TX 78714-9104 FAX #(512) 475-1771 PREHTUH OR CLATH DTSPUTES: SHOULD YOU HAVE A DTSPUTE CONCERNTNG YOUR PRE)4TUI4 OR ABOUT A CLA/H YOU SHOULD CONTACT THE AGENT OR COHPANY FTRST. TF THE DTSPUTE TS NOT RESOLVED, YOU HAY CONTACT THE TEXAS DEPARTHENT OF INSURANCE. AT~ACH THTS NOTICE TO YOUR POLICY: THIS NOT]:CE TS FOR TNFORIMTZON ONLY ~ DOES NOT BECOflE A PART OR COII)TT]:ON OF THE ATTACHED DOCUHENT. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS B;dder's attention is directed to the Insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates and endorsements as prescribed and provided herein. If an apparent Iow bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shall have a duty to ma,ntaln throughout the course of this contract. STANDARD PROVISIONS: W~thout limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the m~mmum insurance coverage as ~nd~cated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of ~nsurance, contalmng the b~d number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any t~me, however, Contractors are strongly advised to make such requests pnor to b~d opemng, since the insurance requirements may not be modified or waived after b~d opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance policies proposed or obtained ~n satisfaction of these requirements shall comply with the follow;ng general spec,flcat~ons, and shall be maintained ~n compliance w~th these general specifications throughout the duration of the Contract, or longer, if so noted' · Each pohcy shall be ~ssued by a company authorized to do business ~n the State of Texas with an A M Best Company rat;ng of at least A · Any deductibles or self-insured retentions shall be declared ~n the bid proposal If requested by the City, the ~nsurer shall reduce or ehm~nate such deductibles or self-insured retentions with respect to the City, ~ts AAA00350 1 REVISED 10112/94 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvestlgatlons, claim adm~mstrat~on and defense expenses · L~abdlty pohc~es shall be endorsed to prowde the following · · Name as additional ~nsured the City of Denton, ~ts Officials, Agents, Employees and volunteers. · · That such insurance ~s primary to any other ~nsurance available to the additional insured w~th respect to claims covered under the pohcy and that th~s ~nsurance apphes separately to each insured against whom claim ~s made or su~t ~s brought The ~nclus~on of more than one insured shall not operate to increase the ~nsurer's hm~t of habd~ty · All policies shall be endorsed to provide thirty (30) days prior written notme of cancellation, non-renewal or reduction in coverage · Should any of the required insurance be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of th~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 give rise 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 includes a general annual aggregate hm~t prowdmg for claims investigation or legal defense costs to be included ~n the general annual aggregate I~m~t, the contractor shall either double the occurrence I~m~ts or obtain Owners and Contractors Protective L~abd~ty Insurance · Should any required ~nsurance lapse during the contract term, requests for payments originating ~fter 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 insurance ~s not reinstated, C~ty may, at ~ts sole option, terminate th~s agreement effective on the date of the lapse AAA00350 REVISED 10112/94 CI ' 2 Insurance Requ,rements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance pollc,es proposed or obtained ~n satisfaction of th~s Contract shall addit~onally comply w~th the follow, ng marked specifications, and shall be ma,ntamed ~n compliance with these additional specifications throughout the duration of the Contract, or longer, ~f so noted: IX] A General Liability Insurance: General Liability insurance w~th combined single limits of not less than one m~llion ~ shall be prowded and mamta,ned by the contractor The pohcy shall be written on an occurrence basis either in a s~ngle pol;cy or m a combination of underlying and umbrella or excess pohc;es If the Commercial General Liability form (ISO Form CG 0001 current edition) is used. · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual I~ab~l;ty covering this contract and broad form property damage coverage · Coverage B shall include personal ~njury · Coverage C, medical payments, ~s not required If the Comprehensive General L,ab,l~ty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ~t shall include at least · Bod;ly injury and Property Damage Liability for premises, operations, products and completed operations, ~ndependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual liability (preferably by endorsement) covering th~s contract, personal ~njury liability and broad form property damage liability AAA00350 REVISED 10112/94 CI - 3 Insurance Requirements Page 4 [X] Automobile Liability Insurance' Contractor shall provide Commercial Automobile L~ab~hty insurance w~th Combined Single Limits (CSL) of not less than $1.000.000 either ~n a single policy or In a combination of basic and umbrella or excess policies The pohcy w~ll ;nclude bodily Injury and property damage hab~hty arising out of the operation, maintenance and use of all aut0mobde.s and mobile equipment used ~n conjunction w~th this contract. Satisfaction of the above requirement shall be ~n the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's L~ab~hty hmlts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hm~t for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the C~ty, ~ts officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply w~th the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commlss~on (TWCC) [ ] Owner's and Contractor's Protective Llablhty Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability ~nsurance policy naming the C;ty as insured for property damage and bodily injury which may anse ~n the prosecution of the work or contractor's operations under th~s contract Coverage shall be on an AAA00350 .EV~SED ~0~2~94 CI Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same ~nsurance company that carries the contractor's liability ~nsurance Pohcy limits w~ll be at least . combined bodily ~njur¥ and property damage per occurrence w~th a aggregate [ ] Fire Damage Legal Liability Insurance Coverage ~s required if Broad form General Liability ~s not prowded or ~s unavmlable to the contractor or ~f a contractor leases or rents a port;on of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability ~nsurance w~th limits not less than per claim with respect to negligent acts, errors or omissions ,n connection with professlonaJ services ts required under th~s Agreement [ ] Builders' Risk Insurance Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value shall be prowded. Such pohcy shall ~nclude as "Named Insured" the C~t¥ of Denton and all subcontractors as their ~nterests may appear [ ] Additional Insurance Other ~nsurance may be required on an ~nd~wdual bas~s for extra hazardous contracts and specific service agreements If such additional insurance ;s required for a specific contract, that requirement w~ll be described ~n the "Specific Conditions" of the contract specifications AAA003$0 REVISED ~o/~2m4 C] - 5 Insurance Requirements Page 6 ATTACHMENT I [X] Worker's Compensation Coverage for Bu,lding or Construction ProJects for Governmental Entitles A Definitions: Certificate of coverage ("certiflcate")-A copy of a certificate of ~nsurance, a certificate of authonty to self-insure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or entlty's employees prowdmg serwces on a project, for the duration of the project Duration of the project - includes the t~me from the beg;nmng 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 serwces on the project ("subcontractor" ~n §406 096) - ~ncludes all persons or entlt~es performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This ~ncludes, without hmitat]on, independent 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 "Services" ~nclude, without limltat~on, prowdlng, hauhng, or dehvermg equipment or materials, or prowdlng labor, transportation, or other serwce related to a project "Serwces" does not include act~wtles unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable todets 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 prowdmg serwces on the project, for the duration of the project AAA00360 REVISED 10/12/94 Cl - 6 Insurance RequJremen[s Page 7 C. The Contractor must prowde a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person prowdlng services on a project, and provide to the governmental entity. (1) a certificate of coverage, prior to that person beglnmng work on the project, so the governmental entity w~ll have on file certificates of coverage showing coverage for all persons prowdlng 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 ~n wntlng by certified ma~l or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAA00360 REVISED 10/12Jg4 Gl ' 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person wtth whom ~t contracts to prowde serwces on a project, to. (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of ~ts employees prowd, ing serv,ces on the project, for the duration of the project; (2) provide to the contractor, prior to that person beg~nmng work on the project, a certificate of coverage showing that coverage ~s being prowded for all employees of the person providing serwces on the project, for the duration of the project; (3) prowde the contractor, prtor to the end of the coverage per~od, a new certificate of coverage showing extension of coverage, ~f the coverage period shown on the current certificate of coverage ends durtng the duration of the project; (4) obtain from each other person w~th whom ~t contracts, and prowde to the contractor: (a) a certificate of coverage, prior to the other person begmmng work on the prolect; and (b} a new certificate of coverage showing extenston of coverage, prior to the end of the coverage per~od, ~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 enttty ~n writing by cert]f, ed ma~l or personal delivery, w~thm 10 days after the person knew or should have known, of any change that mater~ally affects the prows~on of coverage of any person prowdlng services on the project, and AAA00350 REVISED 10112/94 CI - 8 Insurance Requirements Page 9 (7) contractually require each person w~th whom ~t contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be prowded to the person for whom they are providing services J. By signing th~s 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 workers' compensation coverage for the duration of the project, that the coverage w~ll be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be f. led w~th the appropriate insurance carrier or, ~n the case of a self-insured, w~th the commission's Division of Self-Insurance Regulation Providing false or m~sleading ~nformatlon may subject the contractor to adm~mstrative penalties, criminal penalties, civil penalties, or other ciwl actions K. The contractor's fmlure to comply w~th any of these prows~ons Is a breach of contract by the contractor which ent~tles the governmental entity to declare the contract void if the contractor does not remedy the breach w~thin ten days after receipt of not.ce of breach from the governmental entity AAAO0350 REVISED 10/12/e4 CI ' 9 BID SUMMARY TOTAL BID PRICE IN WORDS ,C"ou~ F-/u,,~R. eO ~'~o~TI/-Tv~o In the event of the award of a contract to the undersigned, the undersigned vail furnish a performance bond and a payment bond for the full amount of the contract, to secure proper comphanco with the terms and provisions of the contract, to inllire and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished m the fulfillment of the contract It is und0rstood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and speclficauons, to the satisfaction of the Engineer The undersigned certifies that the bid prices contained ~n this proposal have been carefully checked and are submitted as correct and final. Unlt and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. cONTRACTOR Street Address C~ ~d Au~o~on T~ephone B-1 BID SUMMARY PROJECT WORK DAYS Water Ma,n Relocation 45 Sanitary Sewer Relocation 45 TOTAL 90 Both water and samtary sewer pomons of thls project will be awarded to one contractor Award of the bid will be based on the total Water and Samtary Sewer are be, ng separated for bookkeeping purposes only B-2 WORK DAYS 45 BID NO 2069 For~ Worth Drive Uuhtv Imuro~,.ments PO NO. (Water) BID TABULATION SHEET ITRM DRSCRIIVFION QUANTITY UNIT UNIT PRICR 'TOTAL I 21 Contractors Warranties & LS $ /LS $ Understandings I~, Umt Price in Words Umt Price In Words Unit Price in Words Unit Price m Words Unit Price In Words. unit t~r,ce ,n words -~,tce ~ectsa ,~A ~ %0o 3-C Remove Conc~ WnI~ & 138 SY $ /SY $ D~ve /0 U~t Price ~ Wo~s Umt PFi~ in Wo~s ~Oa~ dol{a~ °~/too P-3 WORK DAYS BID NO 2069 Fort Worth Drive Utility Tm~_ 4~/em~nt.~ PO NO ...... (water) BID TABULATION SHEET 2.12.9-A 30" Oaugn 7 Stael Cuing 112 ,, [~) /IF Unit Price in Words: 8. l ]~'zic~In, Wm~ing Signs & LS $ /LS $ D~toun ~Ccc, 8.3-B Concrete DrlYewsy 138 SY $ Unit Price in Words: SP-2 Concrot~ Saw Cut 530 $ ~ OO /LF $ ~/~, Unit Price in Words: ~0~ ~O~CC~ s SP-10 Rock Hxcavntion 50 CY $ / D ~ /CY $ 5o0 - Unit Price in Words: -~ ~) ~/ 0 b( aA~ ~ O° / ~ O U SP-37 Bxcavatinn Ptotentlon 710 LP $[,~ IIF $ 'l/c,- Unit Price in Words: 02~ ~ cc SP-40 Cut & Plug Waterline 5 EA $~7~, Unit Price in Words: SP-45 Misc. Sprinkler System LS $ /LS $ AdJustment , U~it Pric~ in Words: /~ ,_~ ~_ SP-39 Project Signs 2 FA $ unit in word : _ . P-4 WORK DAYS 4~ BID NO. 2069 Fort Worth Drive Utilit? Im_,..dvamants PO NO. (Water) BID TABULATION SHEET 2.16B Wn_!~ Service (2') 4 Unit ~ ~ Wo~: 2.1~ W~t~ ~ (4') 1 U~t ~ in Wo~s: [q U~ 8.14 Mi~. Pm~ R~ U~t P~ ~ Wo~: ~ 64C ~' ~m & Grout 112 U~t ~ ~ Wo~s: &~ /~ ~ ~ ~nfo~ Con~ S~ wo : U~t ~ h Wo~s: F~ ~ ~ 2,13.1 8' VMve 2 U~t ~ h Wo~s: ~ ~ ~ P-5 WORK DAYS 45 BID NO 2069 Fort Worth Drive Utihtv Imurovements PO NO (Water) BID TABULATION SHEET FI'gM DESCRIPTION ~UANITI'Y UNIT UNIT PRICE TOTAL SP-44 Remove Fire Hydrant 3 EA $ ~00 0o/EA '~5o Umt Price tn Words /A/]~t./~_ ~CO/~D~ 14 Fire Hydrant Assembly 10 EA $/~//)o c~/EA Unit Pace tn Words' ~ /~c(/~t</~/ SP-42 Remove Valve Stack 9 FA $ ~/)0 ~/EA '~C0 Unit Price m Words ~ /~,U 'k0°~Loo 2 13 1 20" Valve I EA $~oo ~-/EA $~,00o Unit Prme in Words' SP-49B Remove Emsting Waterline 65 LF $ ~0, ~ /LF $/~O Unit Price in Words ¥ O°/lbO - 6 4A Bore and Grout 60 $ ~-~. ~-~ /LF $ ~ ~0 Unit Price in Words' ~ ~ I I/~ ~-~ ~- o, ~o TOTAL l~,~, 5~ ~) Total Pace in Words ~C~o P-6 WORK DAYS 45 BID NO 2069 Fort Worth Drive Utihtv lmuro~.ment~ PO NO. (Samtary Sewer) BID TABULATION SHEET ' I ~ DglICBIPHON ~UANs'i;r'/ ~ UNIT PRICg TOTAl, I21 Contrnotors Wnrranties & LS $ ILS $ Understnnd!n.~a Unit Price m Words 2 12-K 8" Sanitnry ~ewer Line 1,004 LF $ /LF $ (SDR 26) Umt Prico m Word.. -'~ t-C ~move Co~ Wal~ · 46 SY $ /SY $ Drive /6, O~ ~o Uflt Pn~ ~ Wofls U~t Pd~ m Wo~s' P-7 WORK DAYS 4~ BID NO Fort Worth Drive Utlhtv Improvements PO NO (Samtery Sewer) BID TABULATION SHEET ,{ m { I~CRIPTION QU,d~J~r t',','~ uNrr UNIT PRICR {TOTAL 7 6-A-I I 4' Precast Manhole I ~ $/'TG0 - /EA I $/,7~C.~ Umt Price in Words' ~- '(:l /~.ct4x. d.~t ct. 7 6-A-3 Drop Manhole I I~A $ ~/)0-/EA $<~-~0 Umt Price in Words: o~ 2 12 9-B Gauge 7 Steel Casing 102 LF $ ~,0'~/LF unit Price tn Words. 8 t Stgns& IS $'~C~S /IS Detours c~ Unit Price in Words ~.~ vcc 8 3-B 84 SY 3(~,L~/SY $~D~ Unit Price in Words. SP-2 Cut 363 LF ~ ~,0D /LF Unit Price m Words. ~F-~O t ~9,.A~ ~ SP-8 Manhole 5 EA $ ~C)OO ~/EA unit Price in Words, ~ sP-to so $/D o~ /cY Unit Price in Words. $P-37 2,000 LF 0-o /LF $ Unit Price in Words ~) ~ C~O ~ ~ SP-40 & Plug Sanitary Sewer 3 EA $ ~00, ~o/EA SP-45 Sprinkler System ts $ ~/)C~O -/tS unit Price In Words: ,JWo P-8 WORK DAYS 4~ BID NO, 2069 Fo.--t Worth Drive UUhtv Impru,ements PO NO. (Sanlutry Sewer) BID TABULATION SHEET I'I~M D~'IIII~rloN {JUAN~'~-rf UNIT J UNIT PIIJIC~ TOTAl, Umt Pr,ce m Wonls: Unit Pn. m Wo~s U~t Pn~ m Wo~s' ~0~ Umt Pfi~ In Worn ~ ~0~ ~ 0°/~o° U~t Pn~ ~Wo~s O~ P-9 m THIS OERTIFIOATE 18 18BUED A8 A MAI'rER OF INFORMA'IION ONLY AND OONFERE NO BION~ UPON THE CEEllFIOATB HOLDER. DOE8 NOT AMEND, EXTEND OR ALTER THE 0OVERAGE AFFORDED BY THE RAMEY & KINQ INaUflANOE POLICIES BELOW _ _ ~o s. ~& Sun AI COMPANIES AFFORDING COVERAGE ~ A ~e ~vele~ muren~ dlgoe-Publlo Oomplny Ino Bill Cheek __ P O Box ~O C0~'Y D ~mRI?.D_~I...E~_N IS 8UBJEC? TO ALL mE 'IF. RMS ~xcuJam$ AND CON mona o~ aU. OH ~UC~E. uMrrs SHOWN MAY HAV~ .Ea~ R~UCa3 BY PND CI~,IMS ~ - - A ~ ~ YLBOP842K4~8*4 10/01/96 10/01/97 X *l~h' A~TO L~4n' X N~ AUTOa JOLTY OF DENTON 18 AqDmONAL INSURED PROJECT FT WORTN 0RIVli U'I1LITY IMPROVEMENTS BID ~Oe9 I DENTON TE ~1