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1997-284AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEKEFOR, 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 I That the following compelltlve bids for the construction ofpubhc works or ~mprovements, as described in the "B~d Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent tiled according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID N! IMBER CONTRACIOR AMOI JNT 2073 MID-STATE UTILITIES, INC $122,750 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the C~ty and the person submitting the bid for construction of such public works or improvements herein accepted ,md approved, until such person shall comply wah all reqmremants specified in the Notice to Bidders including the t~mely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notfficat~on of the award of the bid SECTION III That the City Manager ~s hereby authorized to execute all necessary written contracts for the performance of the consmact~on of the public works or improvements In accordance with the bids accepted and approved hareln, prowded that such contracts are made ~n accordance with the Notice to Bidders and B~d Proposals, and documents relating thereto specifying the terms, conditior~s, plans and specifications, standards, quant~ties and specified sums contmned therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhe works and ~mprovements as authorized hereto, the City Council hereby authorizes the expenditure of funds m the manner and m the mount as specified m such approved b~ds and authorized contracts executed pursuant thereto SECTION ~ That ttus ordinance shall become effective immediately upon its passage and approval the,~,,~~ PASSED AND APPROVED this day of ATTEST JENNIFER WALTERS, CITY SECRETARY APPROV'ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 DATE SEPTEMBER 23, 1997 CITY CDIJNCILREPORT TO Mayor and Members of the C~ty Council FROM Kathy DuBose, Asststant C~ty Manager of Ftnance SUBJECT BID # 2073 -- COOPER CREEK DRAINAGE BASIN MANHOLE REHABILITATION AND REPAIRS RECOMMENDATION, We recommend thru btd be awarded to the low btdder, Mid-State Utilities Inc, in the amount of $122,750 00 SUMMARY: Thru btd ts for all labor and materials necessary in the repair of manholes and ptpes tn the Cooper Creek Basin area These defects are the sources of tnfiltratton/tnflow tnto the collection system These repmrs will make more capamty available for future growth tn the Cooper Creek Basin Bids were recetved from three contractors tn response to stxty-five nottces to btd marled to contractors PROGRAMS.. DEPARTMENTS OR GROUPS AFFECTED. Water and Wastewater Engmeenng, Water and Wastewater Utfimes, Cmzens tn the Cooper Creek Basin Area I~ISCAL IMPACT: Budgeted funds for 96 Revenue Bond Account # 625-082-RB96-V607-9114 Attachments Tabulation Sheet Pubhc Uttbty Board Meetmg Minutes Recommending Approval Respectfully submttted Kath,v..~_q~e Assistant Ct4y Manager of Finance Prepared by Name Denise arpoo Title Semor Buyer Approved Name Tom D Shaw, C P M Title Purehastng Agent 934 AGENDA 3 2073 BID NAME COOPER CREEK DRAINAGE BASIN SOUTHWESTERN RADICH MID-STATE MANHOLE REHABILITATION UNDERGROUND CONST UTILITIES AND REPAIRS IOpEN DATE JULY 22, 1997 [-# ~TY_ DESCRIPTION ~VENDOR _ VENDOR VENDOR 1 TOTAL BID AWARD $197,497 50[ $250,350 00 $122,750 00 BID BOND ENCLOSED YES YES YES DELIVERY - PUBLIC UTILITIES BOARD EXCERPT FROM AUOUST 18 MEETINO REGARDING ITEM 8 AGENDA ITI{M 8: CONSIDER APPROVA/.t OF BID NO 2073 IN THE AMOUNT OF $122,7:50.00 FOR CONSTRUCI'iON OF COOPER Clt~_,K BASIN MANHOLE RF, HABILITATION AND REPAIRS Jill Jordan, laterim Du~ctor of W~er Ut~ht~es, presented the findings of a major study of inflow and iflflltraflon in thc COOler Creek basin area to the board. Pl~fls were developed to solve the problem and bids were taken. B~d~ included: Southwestern Uflder~round, $2:50,350, Radlch Construction, $197,467, and Mid- State Utilit~J, $122,7:50. The Utility staff z~ommended awardm$ the contract to thc lowest bt~,4~. Board Member Coplen made the motion to accept the b~i. Board Member Norton s~onded the motion It was then unanimously passed by the board 5 STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 23 day of SEPTENBER A.D., 19 97 , 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 MID-STATE UTILITIES, INC. P.O. BOX 1160 WACOf TX 76703-1160 of the City of WACO , County of MCLmm%%N and State of '*'~AS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in oonsideration of the payments and agreements ~ereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID ~ 2073 - COOPER C~R~ DR&T~&~ BASIN M&NWnT.~ REHA~!TJTATiON AND REP~R~ in the amount of ~122,750.00 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 B~dders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by all of which are made a part hereof and collectxvely evxdence and constitute the entire contract. Independent Statu~ 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. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liabxlity of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton agaxnst any and all such claims and demands. Choice of Law and This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work w~thln the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, ?-he parties of the~e presents have executed this agreement in the year and day first above written. ATTEST: ~ ~/~ ~, .~ CITY OF DENTON ATTEST: c >4' ja CONT CTOR MAILING ADDRESS FAX NUMBER TITLE~ tO% PRINTED N~E City Attorney AAA0184D Rev. 04/05/96 CA - 3 THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That MID-STATE UTILITIES INC., whose address Is P.O. BOX 1160, WACO, TX 76703-1160, hereinafter called Principal, and AMERICAN NATIONAl i::l~l:' !N~U~ANGE~.rporataon organized and existing under the laws of the State of TEXAS, and fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcipal corporation orgamzed and erastmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of ONE HUNDRED TWENTY TWO THOUSAND SEVEN HUNDRED FIFTY and no/100 -- (122,750.00) m lawful money oftbe Umted States, to be prod in Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby bind ourselves, our he,rs, executors, admunstrators, successors, and assigns, jointly and severally, firmly by these presents Tins Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement winch increases the Contract price, but in no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of tins Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnnclpal entered into a certmn Contract, identified by Ordinance Number 97-284, with the City of Denton, the Owner, dated the 23 day of September, A D 1997, a copy of winch is hereto attached and made a part hereof, for BID # 2073 -- COOPER CREEK DRAINAGE BASIN MANHOLE REHABILITATION AND REPAIR NOW, THEREFORE, if the Pnnclpal shall well, truly and faithfully perform its duties and make prompt payment to all persons, finns, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in smd Contract and any and all duly authorized mo&ficatlons of smd Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly wmved, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on tins 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 time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Specificataons, Drawings, etc, accompanying the same, shall m anywise affect its obligation on tins Bond, and it does hereby waive notice of any such 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, Specifications, Drawings, etc PAYMENT BOND - Page 1 This Bond ts g~ven pursuant to the provtstons 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 heretn as the Resident Agent m DENTON County to whom any reqmslte nottces may be dehvered and on whom service of process may be had m matters arising out of such suretysbap, as prowded by Artmle 7 19-1 of the Insurance Code, Vemon's Annotated Ctwl Statutes of the State of Texas IN WITNESS WHEREOF, tlus msmmaent is executed tn 4 copies, each one of wbach shall be deemed an original, this the 23 day of September, 1997. ATTEST PRINCIPAL SECRETAi~ ' ~ PRESIDENT~ ATTEST SURETY AMERICAN NATIONAL FIRE INSURANCE CO. 7 TTORNE~-IN-FACT The Restdent Agent of the Surety tn Denton County, Texas for dehvery of nonce and servme of the (NOTE Date of Pay~en~ Bond must be date of Contract qf Restdent Agent ts not a corporation, g~ve a person's name ) PAYMENT BOND - Page 2 PERFORMANCE BOND THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That MID-STATE UTILITIES, INC, whose address is P.O. BOX 1160, WACO, TX 76703-1160, hereinafter called Pnnmpal, and AMERICAN NATIONAL FIRE INSURANCB ~oration organized and existing under the laws of the State of TEXAS, and fully authorized to transact busmess in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mummpal corporation orgamzed and exasting under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE HUNDRED TWENTY TWO THOUSAND SEVEN HUNDRED FIFTY NO/100-- DOLLARS ($122,750.00) plus 10 percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or con- nected with the below ldentffied Contract, m lawful money of the Umted States, to be pad in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admlmstrators, successors, and assigns, jointly and severally, firmly by these presents Tins Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 97-284, w~th the City of Denton, the Owner, dated the 23 day of September A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2073 - COOPER CREEK DRAINAGE BASIN MANHOLE REHABILITATION AND REPAIRS NOW, THEREFORE, if the Prmmpal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents dunng the original term thereof and any extension thereof which may be granted by the Owner, w~th or wathout notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear w~thm a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Pnnmpal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may recur m making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond~ exclustve venue shall he tn Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby supulates and agrees that no change, extension of tnne, alteratxon or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall m anywise affect its obhgat~on on tlus Bond, and it does hereby wmve notace of any such change, extension of trine, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficattons, Drawings, etc Th~s Bond m g~ven pursuant to the prows~ons of Chapter 2253 of the Texas Coovemment Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and designated agent Is hereby designated by the Surety heroin as the Restdent Agent m DENTON County to whom any mqmslte notices may be dehvered and on whom service of process may be had m matters arising out of such suretystup, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, tbas instrument is executed in 4 copies, each one of whmh shall be deemed an original, this the 23 day of September, 1997 ATTEST PRINCIPAL - PRE~IDE~'i* ATTEST SURETY AMERI~ NA~AL FIRE INSURA__NCE CO. · '/Ai~i,oRNE~/.iI~_~ACT The Restdent Agent of the Surety m Denton County, Texas for delivery of notme and servme of the process lS (NOTE Date of Performance Bond must be date of Contract l~R'esldent Agent ~s not a corporation, glve a Person's name ) PERFORMANCE BOND - Page 2 · NERICAN NATiONAl. RRE INSURr ICE COMPANY New York, New York Admm~stratwe Office 580 WALNUT STREET · CINCINNATI OHIO 45202 · 513 369-5000 · FAX 513-723-2740 The number of persons authorized by thus power of attorney us not more than No 0 '16]-]-7 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporaUon organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for It and In its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the habdity of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below Name Address Limit of Power CHAMPE FITZHU~, JR. R.J. REYNOLDS ALL OF ALL PAT EBARB JEAN REYh~UL[~ ~z~CO, TEXAS UNLEivl.t,L..tpj This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-ln-fact named above IN WITNESS WHEREOF the AMERICAN NATIONAL FIRE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 28th day of Octobe~ 19 96 Attest -- ~ AMERICAN NATIONAL FIRE INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON -- ss Onthis 28~rl dayof October, 1996 , before me personally appeared GARY T DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of American Nauonal Fire Insurance Company, the Company described in and which executed the above instrument, that he knows the seal, that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority MAUREEN DOUGHERTY My ~mmlse~o Expires NJg 12, 2001 Th~s Pow~ of Attorney Is granted by authority of the following resoluuons adopted by the Board of Directors of American NaUonal Ftre Insurance Company by unammous written consent dated July 27 1995 RESOLVED Tbat the D~vtston P~s~d~nt, tbe sawral D~vtston Vtce P~s~dents a~d Asststa~t V~ce P~sM~nts o~ any one of th~m, be a~d ~e~by ~s a~th~m~d~ ~r~m t~m~ t~ t~m~ t~ appm~t ~ne ~r m~re Att~rn~ys-~-Fact t~ ex~ute ~n be~a~ ~ tbe C~mpany ~ surety, any and all bonds, undc~mgs and contracts of surctysh~p, or other wr;ttcn obltgat~ons m the nature therco~ to p~scm~ thc;r ~spcct~vc der;cs ~d the resp~ttve l~mxts of their autflomty, ~d to ~voke any such appointment at any ttme RESOLVED FURTHER That the Company seal and the sigaature of~y of the ~oresaM o[~cem and any Secretary or Asststa~t Secretly of the Company may ~ ~fixed by [acs~mde to ~y power of attorney or ce~tficate of e~ther g~vea for the executton of any bond, undc~mg, contract or su~tyship, or other written obhgatton m the nature thereo~ such stgnature ~d scM when so used being he.by adopted by the Company as the omgmal stgnatu~ of such officer and the engram scm of the Company, to ~ vM]d and binding upon the Company w~th the s~e [o~ and effect ~ though m~uMly ~xed CERTIFICATION I, RONALDC HAYES~Assustant~creta~fAmencanNau~na~FIre~nsuranceC~mpany~d~herebycertIfythatthef~reg~ingP~wer~f Attorney and the Resolutmns of the Board of D~rectors of July 27, 1995 have not been revoked and are now m full force and effect S~gned and sealed thus 23rd dayof September ,1997 $ 1030M (8/95) ACORO. C i/FiICATE OF LiABILITY INSURANC PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fltzhugh & Co Insurance Agency HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 209 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Waco TX 76703-0209 COMPANIES AFFORDING COVERAGE Ralph J Reynolds COMPANY EHo,eNo 254--754-3553 F,~No 254-754-3852 A Transcontinental Ins Co INSURED COMPANY B Continental Casualty COMPANY 14~d State Utzlztles, Inc C Transportation Ins Co P O Box 1160 COMPANY Waco TX 76703 D ¢0VERA~ES THIR IR TO CERTIFY THAT THE POLICIES OF INRURANCE URTED BELOW HAVE BERN ISSUED TO THE INSU RED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHBTAN01NG ANY REQUIREMENT~ TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IREUED OR MAY PERTAt N THE INSURANDE AFFORDED BY THE POLICIER DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLURIONR AND CONDITIONR DP RUCH POLIClER LIMITS RHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION CO TYPE OF INEURANCE POLICY NUMBER LIMITS LTR DATE (MMIDD,'YY) DATE {MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE 2 t' 0 0 0 t' 0 0 0 A X COMMERCIAL GENERAL UABILITY C134919790 09/19/97 09/19/98 PRODUCTS COMP/OPAGG 2~000,000 I CLAIMS MADE [~ OCCUR PERRONAL & AOV iNJURY 1~,000 ;000 OWNER E & CONTRACTOR R FROT EACH OCCURRENCE $ 1 ~- 000 ! 000 FIRE DAMAGE (Any one fire) $ 50!000 NED EXP (Any one pemon) $ 5,,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ I, 0 0 0,0 0 0 B XI ANY AUTO C134919787 09/19/97 09/19/98 ALL OWNED AUTOR BODILY INJURY BCHEDULED AUTOB (Per pemon) X~ HIRED AUTOS BODILYINJURY $ X NON-OWNEDAUTO8 (Per accident) -- PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT ANY AUTO )THER THAN AUTO ONLY EACH ACCIDENT AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S 3 ! 000 ! 000 R X~ UMBRELLA FORM C134919823 09/19/97 09/19/98 AGGREGATE $ ~ OTHER THAN UMBRELLA FORM $ WC RTATU OTH WORKERS COMPENRATION AND I TORY LIMITS [ I ER EMPLOYERS LIABILITY EL EACH ACCIDENT $ 500 ~- 000 C THBPMOPR~BTOR,' ~--~NCL WC1034905565 09/19/97 09/19/98 ELDIEEARE POUCYLIMIT $500!000 PARTNERS/EXECUTIVE OFFICERS ARE , EXCL EL DISEASE EA EMPLOYEE $ 500 ~. 000 OTHER A Install/Builders R C134919806 09/19/97 09/19/98 RE Cooper Cregk Drainage Basxn Manhole Rehab~l.~tat~on and Repa~r.s C~ty of Denton. ~ts offlc~als. Agents~ Employees & Volunteers are name~ as addlt~onal ~nsureds on all policies exoept Workers Compensation OERTtFICATE HOLDER I CANCELLATION EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Czty of Denton BUTFAILURETOMAILSUCHNOTICESHALLIMPOEENOOBUGATIONORLIABILITY ATTN Purchasing Dept Denton TX 76201 AUTHORIZEDREPREBENTATIVE Ralph J Reynolds ACORD 26-8 (t/95) t, ©ACORD CORPORATION 1988 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements aa 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 tho successful bidder shall have a duty to ma;ntsin throughout the course of this contract. STANDARD PROVISIONS: Without hmlting any of the other obhgations or hab;l~t;es of the Contractor, the Contractor shall prowde and maintain unt;I the contracted work has been completed and accepted by the C;ty of Denton, Owner, the mm~mum insurance coverage as ~nd~cated hereinafter As soon as practicable after notification of b;d award, Contractor shall file with the Purchasing Department satisfactory certificates of ;nsurance, conta~mng the b~d number and title of the project Contractor may, upon wntten request to the Purchas,ng Department, ask for clarification of any insurance requirements at any t~ma, however, Contractors are strongly adwsed to make such requests prior to b~d opening, since the ,nsurance requ;rements may not be modified or waived after b~d opening unlessa written exception has been submitted w~th the b~d. Contractor shall not commence any work or deliver any material unt,I he or she receives noflflcat,on that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance pol,cles proposed or obtained in satisfaction of these requirements shall comply w;th the following general specifications, and shall be maintained m compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: · Each pohcy shall be issued by a company authonzed to do business m the State of Texas w~th an A M Best Company rating of at least ,~ · 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 ehm~nate such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts AAAO0360 REVISED 10112/94 Gl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvestlgatlons, claim administration and defense expenses. · Llab~hty 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 is primary to any other ~nsurance available to the additional Insured w~th respect to claims covered under the pohcy and that this ~nsurance apphes separately to each ~nsured against whom cla,m is made or suit ~s brought. The inclusion of more than one insured shall not operate to ~ncrease the ~nsurer's limit of liab~hty · All pohc~es shall be endorsed to prowde thirty(30) days pnor wntten notice of cancellation, non-renewal or reduction ~n coverage · Should any of the required insurance be prowded under a claims-made form, Contractor shell maintain such coverage continuously throughout the term of th~s contract and, without lapse, for a penod of three years beyond the contract expiration, such that occurrences arising dunng the contract term which g~ve ns· to claims made after expiration of the contract shall be covered · Should any of the required ~nsurance be prowded under a form of coverage that includes a general annual aggregate limit prowdmg for claims investigation or legal defense costs to be ~ncluded ~n the general annual aggregate hmlt, the contractor shall either double the occurrence l~mlts or obtain Owners and Contractors Protective L~ab~hty Insurance · Should any required ~nsurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed until the C~ty receives satisfactory ewdence of re,nstated 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. AAAO0360 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained In satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, If so noted: General Liability Insurance: General Liability insurance with combined single limits of not less than $[,0oo,ooo.oo shall be provided and maintained by the contractor The pohcy shall be written on an occurrence basis either in a single policy or m a combination of underlying and umbrella or excess pohc,es. If the Commercial General Liab~hty form (ISO Form CG 0001 current edition) is used: · Coverage A shall include premises, operatmns, products, and completed operations, independent contractors, contractual I,ablhty covenng this contract and broad form property damage coverage · Coverage B shall ~nclude personal injur~ · Coverage C, medical payments, ~s not required If the Comprehensive General Llablhty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, ,t shall include at least · Bodily ,niury and Property Damage Llab~hty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual liability (preferably by endorsement) covenng this contract, personal ~nlury Ilablhty and broad form property damage liability AAAO0360 REVISED 10112/84 CI - 3 Insurance Requ,rements Page 4. ix] Automobile Liability Inaurance: Contractor shall provide Commercial Automobile Liab,llty Insurance Comb,ned S,ngle Limits (CSL) of not less than $1.oo0.o0o-00mther m a single policy or in a combination of basic and umbrella or excess policies The pohcy will include bodily injury and property damage liability arising out of the operation, ma,ntenance and use of all automob,les and mob,le eclu,pment used in conjunction w,th th,s 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. Workers Compensation Insurance Contractor shall purchase and maintmn Worker's Compensation ;nsurance which, ,n add,tlon to meeting the rain,mum statutory requirements for ,ssuance of such ~nsurance, has Employer's L,ab[lity hm,ts of at least $100,000 for each accident, $100.000 per each employee, and a $500.000 pohcy Iim;t for occupational disease. The C~ty need not be named as an "Add;t,onal Insured" but the insurer shall agree to wa,ve all rights of subrogat,on aga,nst the C~ty. ,tS offic;als, agents, employees and volunteers for any work performed for the City by the Named Insured For bu,ld~ng or construct;on 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 Compensatmn Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and mamta,n at all t;mes dunng the prosecution of the work under th,s contract, an Owner's and Contractor's Protect;ye Uab;l,ty insurance pohcy nam;ng the C,ty as ~nsured for property damage and bodily ~njury which may arise m the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AAA00360 REVISED 10/12/94 CI ' 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be Issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily Injury and property damage per occurrence with a . aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is requ,red ~f Broad form General Liability is not provided or ,s unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance w~th limits not less than per claim with respect to negligent acts, errors or omissions ~n connection w~th professional services ,s requ,red under this Agreement [ ] Builders' Risk Insurance Bu,lders' R,sk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided. Such pohcy shall ~nclude as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other ~nsurance may be required on an ~nd,vldual basis for extra hazardous contracts and specific service agreements. If such additional insurance ~s required for a specific contract, that requirement will be described ~n the "Specific Conditions" of the contract specifications AAA00350 REVIEED 10112/94 CI ' 5 Insurance Requirements Page 6 ATTACHMENT I Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A. Definitions: Certif;cate of coverage ("certiflcate")-A copy of a certificate of insurance, a cert,flcate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or ent~ty's employees prowdmg serwces on a project, for the durat,on of the project Duration of the project - includes the time from the beginmng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entlt~es performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly with the contractor and regardless of whether that person has employees This ~ncludes, without limitation, independent contractors, subcontractors, leasing companies, motor carners, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other serwce related to a project "Services" does not include act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable toilets B. The contractor shall prowde coverage, based on proper reporting of class~flcation 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 services on the project, for the duration of the project AAA00350 REVISED 10112/94 CI - 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 certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person providing services on a project, and 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 certlflca{es 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 wntmg by certified mall or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the prowslon of coverage of any person providing services on the project H. The contractor shall post on each project site a notice, ~n the text, form and manner prescnbed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAA00350 .Ev~s~ ~o~2/~ CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person w;th whom ~t contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the prolect, for the duration of the prolect, (3) prov,de the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom It contracts, and prowde to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ~f the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mall or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the prows~on of coverage of any person prowding services on the project, and AAA00360 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 prov,ded 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 workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed w,th the appropriate ,nsurance carrier or, in the case of a self-lnsured, w,th the commission's Division of Self-Insurance Regulation Providing false or m~sleadlng information may subject the contractor to adm,n,strat~ve penalties, criminal penalties, clv,I penalties, or other c~wl actions . K. The contractor's fa~lura to comply with any of these provls,ons ,s a breach of contract by the contractor which entitles the governmental entity to declare the contract void ~f the contractor does not remedy the breach w~th~n ten days after receipt of not,ce of breach from the governmental entity AAAO0360 .~'v,,.£~ ~/.~ CI - 9 BID SUMMARY TOTAL BID PRICE IN WORDS ~.~' ~,~0~.~ -'j'~j~&)~-~-~2~ ~/"~cJCj~/tJdf In the event of the award of a contract to the unders~§ned, the undersigned will furmsh a performance bond and a payment bond for the full amount of the contract, to secure proper compliance w~th 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 clmms for labor performed and materials furmshed in the fulfillment of the contract It ~s understood that the work proposed to be done shall be accepted, when fully completed and flmshed ~n accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the b~d prices contmned in this proposal have been carefully checked and are submitted as correct and final Umt and lump-sum prices as shown for each ~tem listed m th~s proposal, shall control over extensions CONTRACTOR Street Address C?y and State (If a Corporat,on) Telephone B-1 BID # 2073 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF COOPER ~P, EEK DRAINACE BASIN NANIIOLE REHABILITATION ~ KEPAIF~ IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or part~es ~nterested ~n th~s proposal as pnnopals are those named herein, that this proposal is made without collusion w~th any other person, firm or corporation, that he has carefully examined the form of contract, Not~ce to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he w~ll provide all the necessary labor, machinery, tools, apparatus, and other items ~ncldental to construction, and will do all the work and furnish all the materials called for ~n the contract and specifications ~n the manner prescribed hereto and according to the requirements of the C~ty as there~n set forth It ~s understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a grade ~n evaluating bids It is agreed that the quantities of work to be done at unit prices and material to be furnished may be ~ncreased or diminished as may be considered necessary, in the op~mon of the C~ty, to complete the work fully as planned and contemplated, and that all quantities of work whether ~ncreased or decreased are to be performed at the unit prices set forth below except as provided for ~n the specifications It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, m accordance w~th the prowslons to the General Conditions S~mllarly, they may be decreased to cover deletion of work so ordered It ~s understood and agreed that the work ~s to be completed ~n full within the number of work days shown on the b~d tabulation sheet Accompanying this proposal ~s a certified or cashier's check or Bid Bond, payable to the Owner, ~n the amount of five percent of the total bid It ~s understood that the bid security accompany,ng th~s proposal shall be returned to the b~dder, unless ~n case of the acceptance of the proposal, the bidder shall fall to execute a contract and file a performance bond and a payment bond within fifteen days after ~ts acceptance, ~n which case the b~d security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other mconvemences suffered by the Owner of~ account of such fadure of the b~dder Owner reserves the r~ght to reject any and all b~ds Owner may investigate the prior performance of b~dder on other contracts, e~ther pubh¢ or prwate, ~n evaluating b~d proposals Should b~dder alter, change, or quahfy any specification of the b~d, Owner may automatically dlsquahfy b~dder The undetrslgned hereby proposes and agrees to perform all work of whatever nature required, ~n strmt accordance w~th the plans and specifications, for the following sum or prmes, to wit P-2