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1997-285 O OINANCENO 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 sohclted, 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 C~ty Manager or a demgnated employee has received and recommended that the here~n described Nds are the lowest responsible bids for the construction of the pubhc works or improvements described m the Nd mwtat~on, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION l That the following competit~ve bids for the construction ofpubhc works or ~mprovements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file ~n the Office of the C~ty's Purchamng Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NLIMBER CO~ AMOUNT 2087 CULLUM PIPE SYSTEMS, INC $'811200 SECTION li That the acceptance and approval of the above competitive Nds shall not constxtuto a contract between the City and the person submitting the bid for construction of such public works or improvements hereto accepted and approved, tmtll such person shall comply vnth all reqarmments specffied in the Not,ce 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 Nd SECTION III That the C~ty Manager is hereby authorized to execute all necessary written contracts for the performance of the constmctton of the public works or improvements in accordance with the Nds accepted and approved herein, provided that such contracts are made in accordance w~th the Notice to B~dders and B~d Proposals, and documents relating thereto specifying the terms, conditions, plans and speclftcatlons, standards, quantities and specffied sums contained thereto SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and lmprovemems as anthonzed herein, the City Council hereby authorizes the expenditure of funds m the manner and m the amount as specified m such approved bids and authorized contracts executed pursuant thereto SECTION V That t!us or&nance shall become effective immediately upon 1ts passage and approval PASSED AND APPROVED this the a~&%ay of JA~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 DATE SEPTEMBER 23, 1997 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Kathy DuBose, Assxstant City Manager of Finance SUBJECT BID # 2087 -- TOWNSHIP II WASTEWATER LINING PROJECT ~: We recommend this b~d be awarded to the low b~dder, Cullum Pipe Systems lnc, 00 SUMMARY Th~s bid is for all labor and materials necessary ~n the hmng of approximately 1,112 feet of 6" and 8" p~pe and seven manholes Thxs project xs located m the subd~v~smn of Township II Th~s wastewater main is located m the greenbelt area and ~s difficult for our crews to access Th~s hnmg of the ex~st~ng mmn will ehmmate roots, stop ground water mfiltratmn and help increase capacity of the hne Three bxd proposals were recexved m response to nine notices to b~d mmled to contractors pROGRAMS: DEPARTMENTS OR GROUPS AFFECTED. Water/Wastewater Utthty, c~t~zens m the Townshxp II area ~ Budgeted surplus funds for 1997 Account # 625-082-047 l-V719-9114 Attachment Tabulation Sheet Pubhc Utthty M~nutes Recommending Approval Respectfully submitted Kathy DeBase Ass~s't'm~ C~ty Manager of F~nance Prepared by Name DeniSe Harpool T~tle Semor Buyer T~tle Purchasing Agent 932 AGENDA 3 · 2087 Cullum Pipe Insituform BRH-Garver TOWNSHIP II WASTEWATER Systems LINING PROJECT OPEN DATE 8-21-97 ~-- l -~-Y- - DESC:RIPTION VENDOR VENDOR VENDOR TOTAL BID AWARD $78,112 00 $94,544 00 $115,634 00 BOND? Yes Yes Yes AGENDA ITEM 4. CONSIDER APPROVAL OF BID OPIU. NING 2087 TO CULLUM PIPE SYS~S, INC. IN' THE AMOUNT OF $78,11200 FOR CONSTRUCTION OF TOWNSHIP II WASTEWATER LINING PROJHCT Ms Jo~'~ also recemme~d~ ~w~lh~ · ~n~ct to Cullum 1~1~ System~, Inc, m the amount of $78,112 for the Township H Wastewater lining project which conststs of approximately 1,112 feet of 6" and 8# hnmg material/md rehabflitauon of ? manholes Bids were received from lnsituform Texark totaling $94,544.00, BP.H-Garret, Inc totaling $115,634 00, nnd Cullum Pque System totaling $78,112,000 Board Member Newell moved to accept the bid. Board Member Noi'ton seconded {he motion It pa.m.sed unanimously 5 STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 23 day of SEPTE~m~ A.D., 19 97 , by and between CITY OF DENTON of the County of TEXAS and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER,. and CULLUM PIPE SYSTEMS, INC 2814 INDUSTRIAL LANE .GARLANDf TX 75041 of the City of GARLAND , County of DALLAS and State of TEXAS , hereinafter termed "CONTI~ACTOR.. WITNESSETH: That for and in consideration of ~he payments and agreements he~ein~fter mentioned, to be made and performed by OWNER, and under ~ne conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID % 2087 - TOWNSHIP II WASTEWATER LINING PROJECT in the amount of S7S.11~.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 Bidders, 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 explanator~ matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON WATER/WASTEWATER ENGINEERING all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income ~ax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision end 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 liability of any kind whatsoever, by reason of injury to property or third persons ocoasioned byany error, omission or negligent act of Contractor, its officers, agents, employees, invltees, 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 in the courts of Denton County, Texas. The CONTi~ACTOR 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 end complete all work wlthln the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The O~NER 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. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ~ ~ By (SEAL) ATTEST: ~~ CULLUM PIPE SYSTEMS, INC CONTRACTOR Da/l~-~ 7-X 75355 MAILING ADDRESS 97~- 2-,2 L-/o~o PHONE N~B~ 970- ~7~- o9~0 FAX N~BER APPROVED AS TO FORM: (SEAL) ,' AAA0184D Rev. 04/05/96 CA - 3 PERFORMANCE BOND THE STATE OF TEXAS , Bond ~ 5825633 COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That CULLUM PIPE SYSTEMS, 1NC, whose address ts 2814 INDUSTRIAL LANE, GARLAND, TX 75041, heremafter called Principal, and S/llm¢O Ill8111IAltflB COlt~AI~ Oft Al~.,~l~tporatlon orgamzed and existing under the laws of the State of TEXAS, and fully anthonzed to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal corporation orgamzed and erastmg under the laws of the State of Texas, hereinafter called Owner, in the penal sum of SEVENTY EIGHT THOUSAND ONE HUNDRED TWELVE NO/100--DOLLARS ($78,112.00) 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 connected with the below identified Contract, in lawful money of the Umted States, to be paid in Denton County, Texas, for the payment of wbaeh sum well and truly to be made, we hereby brad ourselves, our hetrs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but 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 is condmoned as follows Whereas, the Pnnclpal entered into a certain Contract, identified by Ordinance Number 97-285, with the City of Denton, the Owner, dated the 23 day of September A D 1997, a copy of wbach is hereto attached and made a part hereof, for BIB # 2087 -- TOWNSHIP II WASTEWATER LINING PROJECT NOW, THEREFORE, if the Pnnclpal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of smd Contract in accordance w~th the Plans, Speelficatmns and Contract Documents dunng the ongmal term thereof and any extension thereof which may be granted by the Owner, w~th or w~thout not,ce to the Surety, and dunng the life of any guaranty or warranty reqmred under tbas Contract, and shall also well and truly perform and fulfill all the undertalongs, covenants, terms, conditions and agreements of any and all duly authorized modlfieatmns of said Contract that may hereafter be made, notice of wbaeh mochfieataons 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 wathin a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Pnnelpal 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 meur m making good any default or deficiency, then this obligation shall be void, otherv~se, it shall remain in full force and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall he in Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extension of tune, alterauon 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 anyvase affect its obhgataon on fins Bond, and it does hereby wmve notice of any such change, extension of time, alteration or adchtlon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The understgned and designated agent is hereby designated by the Surety herein as the Resident Agent m DENTON County to whom any reqmslte notices may be delivered and on whom service of process may be had in matters arising out of such suretystnp, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, tlus lnstmment is executed m 4 copies, each one of which shall be deemed an original, this the 23 day of September, 1997 ATTEST PRINCIPAL CULLIRq PIPE SYSTE~LS, INC. PRESIDENT .A~TTEST f,t ,~'*~'~' SURETY s~co II, ISUR/$CE COMPAItt' OF AIERICA The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME David O. Turner, Haxeon-Hahoney-Turner, Inc. 8610 King Ceotge Drive, Dallas, Texas 75235 STREBT ADDRESS (NOTE Date of Performance Bond must be date of Contract If Resident Agent IS not a corporation, give a gerson's name ) PERFORMANCE BOND - Page 2 Bond ~ 5825633 THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That CULLUM PIPE SYSTEMS, INC., whose address is 2814 INDUSTRIAL LANE, GARLAND, TX 75041, hereinafter called Pnncipal, and s~'nlg(I° II~SUIL~CE (:01~/ OF Al~a, l~orauon orgamzed and existing under the laws of the State of TEXAS, and fully anthonzed to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mummpal corpora'non orgamzed and eyastmg 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 bml&ng or improvements hereinafter referred to, in the penal sum of SEVENTY EIGHT THOUSANI) ONE FIUNDRED TWELVE and no/100--- ($78,112.00) 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 brad ourselves, our he~rs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement wbach increases the Contract pace, but m no event shall a Change Order or Supplemental Agreement which reduces the Contract pace decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnnmpal entered into a certain Contract, identified by Ordinance Number 97-285, 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 # 2087 -- TOWNSHIP II WASTEWATER LINING PROJECT. NOW, THEREFORE, if the Pnncipal shall well, truly and foathfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and clmmants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications 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 this 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, alteraUon or adchuon to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall in anywise affect ~ts obligation on tlus Bond, and it does hereby wmve notice of any such change, extension of Ume, 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 Th~s Bond is g~ven pursuant to the prowsions 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 herein as the Resident Agent In DENTON County to whom any requisite notices may be delivered and on whom service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vemoffs Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, tins mstnunent is executed in 4 copies, each one of wluch shall be deemed an original, th~s the 23 day of September, 1997 ATTEST PRINCIPAL CULLUH PIPE SYSTEHS, INC. · ,~TTE~T-~9',~''~ SURETY SAFEiJO INSURANCE COMPANY OF AI, ffiRICA The Resident Agent of the Surety in Denton County, Texas for delivery of notme and service of the process is NAME David O. Turner, liaxson-Mahoney-Turner, Inc. 8610 King George Drive, Dallas, Texas 75235 STREET ADDRESS CNOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PAYMENT BOND - Page 2 SAFECO INSURANCE COMPANY OF AMERICA POWER GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY NOME OFFiCe. SAPECO SEATTLE WASHINGTON g818~ Ne 3318 KNOW ALL BY THE~E ~RE~ENT8 That ~AFECO INSTANCE COMPA~ OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. each a Was~ngton corpor;t;~ ~es eKh ~re~ appoint · ........DAVID 0 TURNER, HARRY J BROWNLEE, STEVEN W POND, STEVEN A GUCKENHEiMER, MICHAE~ DWI~T WILLIAm, LINDA SPRATT, JEFFERY L TRENTHA~, Dallas, ~ts true and lawful attorney(s)-in-fact with full authority to execute on its behalf fldality and surety bonds or undertakings and other doc~nents of a similar character issued in the course of Its business, and to bind the respective cornpany thereby IN WITNESS WHEREOF~ SAFECO INSURANCE COMPANV OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents 1his 4th day of January 19 93 CERTIFICATE Extract fr~m the By-Laws of 8AFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA "Article V Section 13 - FIDELITY AND SURETY BONDS the President any Vine President the Secretar,/ and any Ass~stam V~ce President appointed for that pu3'pose by the officer in charge of surety operations shaft each have authordy to apposnt md~wduals as attorneys-m-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of ~ts bus, ness On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile On any instrument conferring such authordy or on any bond or undertaking of the company the seal, or a facsimile thereof may be Impressed or affixed or m any other manner reproduced provided however that the seal shall not be necessary to tha validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 "On any cert~hcate executed by the Saoretaw or an assistant secretaw of the Company setting out b) The provisions of Arllcle V Section 13 of the By-Laws and 0i) A COPy of the power-of-attorney appointment executed pursuant thereto and (fl~) Certifying that sal(J power-of-attorney appointment is in full force and effect the signature of the certifying officer may be by facsimile and the seal of the Company may be a facs~rnfle thereof" I R. A Pierson SecrctaW of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts Of the By-Laws and of a Resolution of the Board of Directors of these corporations and of a Power of Attorney issued pursuant thereto, are true and correct and that both the By-Laws the Resolution and the Power of Attorney are st311 ~n full force and effect IN WITNESS WHEREOF, ] have hereunto set my hand and affixed the facsimda seal of smd corporatmn 23rd Sept:ember 97 th~s day of 19 S-O'/41EP 1193 ~ Reg~steree traaernar~ of Corporatmn CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the ineurance requirements below It ia 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 ae 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 euccaesful bidder shall have a duty to ma,ntmn throughout the course of this contract. STANDARD PROVISIONS: W,thout limatlng any of the other obhgations or hab,l,tms of the Contractor, the Contractor shall provade and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum ~nsurance coverage as anti,cared hermnafter As soon as practicable after notification of bad award, Contractor shall file w~th the Purchas,ng Department satisfactory certificates of insurance, contaimng the bad number and tatle of the project. Contractor may, upon wntten request to the Purchasang Department, ask for clarification of any ~nsurance requarements at any t~me, however, Contractors are strongly advased to make such requests prior to b~d opemng, sance the ~nsurance requarements may not be mod,fled or waaved after b~d opening unless a written exception has been subm,tted wath the b~d Contractor shall not commence any work or deliver any material untd he or she recmves notification that the cor~tract has been accepted, approved, and signed by the C~ty of Denton All insurance pohc~es proposed or obta,ned m satisfaction of these requirements shall comply wath the follow,ng general spec~flcat,ons, and shall be maantamed ~n comphance w~th these general specaficaflons throughout the duration of the Contract, or longer, af so noted · Each pohcy shall be ~ssued by a company authorized to do business ~n the State of Texas w~th an A M Best Company rating of at least A · Any deductibles or self-insured retontaons shall be declared m the b~d proposal If requested by the Caty, the maurer shall reduce or ehm~nate such deductables or self-insured retentions w,th respect to the C,ty, ats AAA00350 I~VISED 10/12/~4 CI - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. · Liability pollc,es shall be endorsed to provide the following: · · Name as additional insured the C~ty of Denton, ~ts Officials, Agents, Employees and volunteers. · · That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each ~nsured against whom claim ~s made or suat as brought The inclusion of more than one insured shall not operate to increase the insurer's hm~t of liability · All pohcms shall be endorsed to prowde thirty(30) days prior written not~ce of cancellation, non-renewal or reduction ~n coverage · Should any of the required ~nsurance be prowded under a cia,ms-made form, Contractor shall maanta~n such coverage continuously throughout the term of this contract and, without lapse, for a per~od of three years beyond the contract expiration, such that occurrences ansmg dunng the contract term which give ns· to claims made after exparat~on 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 hm~t providing for claims investigation or legal defense costs to be included ~n the general annual aggregate limit, the contractor shall either double the occurrence I,m~ts or obtain Owners and Contractors Protective L~ab~hty Insurance · Should any required ~nsurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the C,ty receives satisfactory evidence of reinstated coverage as required by th~s contract, effective as of the lapse date If ~nsurance ~s not resnstated, Caty may, at its sole option, terminate this agreement effective on the date of the lapse. AAA00360 .EV~SEO ~o/~ ~/~4 CI - 2 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 ~n compliance with these additional specifications throughout the duration of the Contract, or longer, ~f so noted: A. Genera( Liability Insurance: General Liabihty insurance with combined single hmtts of not less than $1,oo0~o0o.oo shall be prowded and maintained by the contractor The pohcy shall be wn~en on an occurrence basis either ~n a single pohcy or tn 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 Iiab~hty covenng th~s contract and broad form property damage coverage · Coverage B shall include personal ~n]ury · Coverage C, medical payments, ~s not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, ,t shall ~nclude at least' · Bodily ~n]ury and Property Damage L~ab~l~ty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. · Broad form contractual llabihty (preferably by endorsement) covenng this contrac'~, personal ~njury liab~hty and broad form property damage liability. AAAO0360 REVISED 10112/94 CI - 3 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance w~th Combined S,ngte Limits (CSL) of not less than $1,°°°,°°°-°°elther ,n a s~ngle policy or in a combination of bas,c and umbrella or excess policies The pol;cy will include bodily injury and property damage liability arls,ng out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be ~n the form of a pohc¥ endorsement for · any auto, or · all owned, hired and non-owned autos 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 Llab;l~ty I~mits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy llm;t for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all r~ghts of subrogation against the C~ty, its 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 with the prows~ons of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liab,hty 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 City as insured for property damage and bodily ~njury which may anse ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00350 4 Insurance Requ,rements Page 5 "occurrence" basis, and the policy shall be ~ssued by the same insurance company that carries the contractor's liability Insurance Policy limits w, II be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Uability Insurance Coverage is raquirad if Broad form General Liab~l;ty ~s not prowded or ~s unavailable to the contractor or ~f a contractor leases or rents a portion of a C~ty building. Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liabil;ty ;nsurance w~th hm;ts not less than per claim with respect to negligent acts, errors or om;ss;ons ~n connection w~th professional services ;s required under th,s Agreement [ ] Budders' Risk Insurance Builders' R~sk Insurance, on an Ali-Risk form for 100% of the completed value shall be prowded Such pohcy shall include as "Named Insured" the C,ty of Denton and all subcontractors as their interests 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 ~nsurance ~s requ;red for a specific contract, that requ;rement w~ll be described m the "Spec;ftc Conditions" of the contract specifications AAAO0360 REVISED 1OI12/~4 CI - 5 Insurance Requirements Page 6 ATTACHMENT I [x] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A. Definitions. Certificate of coverage ("certlficate")-A copy of a certificate of ~nsurance, a certificate of authority to self-insure ~ssued by the comm;sslon, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or entity's employees provld,ng serwces on a project, for the duration of the project Duration of the project - ~ncludes the t~me from the beg;nnmg of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons prowdmg serv,ces on the project ("subcontractor" in §406.096} - ,ncludes all persons or entities performing all or part of the services 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 includes, w~thout llm,tat;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 services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Serwces" does not include act;wries unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable to~lets B. The contractor shall provide coverage, based on proper reporting of classification codes and payrotl 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 prowding serwces on the project, for the duration of the project AAA00350 R~V~SED ~o/t2m4 CI - 6 Insurance Reqmrements 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 w~th the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing serwces on a project, and provide to the governmental entity. (1) a certificate of coverage, prior to that person begmmng work on the project, so the governmental entity w~ll have on file certificates of coverage showing coverage for all persons prowd~ng 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 dunng 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 wntmg by certified ma~l or personal delivery, w~thin 10 days after the contractor knew or should have known, of any change that materially affects the prows~on of coverage of any person providing serv,ces on the project H The contractor shall post on each project s~te a notice, m the text, form and manner prescnbed by the Texas Workers' Compensation Commission, ~nform~ng all persons prowdlng services on the project that they are required to be covered, and stating how a person may venfy coverage and report lack of coverage. AAA00360 REVISED 10/12/e4 CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually reqmre each person w,th whom contracts to provide services on a project, to: {1) provide coverage, based on proper reporting of classification codes end payroll amounts and filing of any coverage agreements, wh,ch meets the statutory requirements of Texas Labor Code, Sect,on 401.011 (44) for all of its employees prov,ding serv,ces on the project, for the duration of the project; (2) provide to the contractor, pr,or to that person beg,nning work on the project, a certificate of coverage show, ng that coverage ~s be,ng prov,ded for all employees of the person prowd~ng services on the project, for the duration of the project, (3) prowde the contractor, prior to the end of the coverage period, a new certificate of coverage showing extens,on of coverage, ,f the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person w~th whom ~t contracts, and prov,de to the contractor' (a) a certificate of coverage, pr;or 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 per~od. ,f the coverage per~od shown on the current cert,flcate of coverage ends during the durat,on of the project; (5) reta,n all required certificates of coverage on file for the durat;on of the project and for one year thereafter, (6) not~fy the governmental entity ;n writing by certified mail or personal delivery, w,th~n 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 prowding serwces on the project, and AAAO0360 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 provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor Is representing to the governmental entity that all employees of the contractor who will provide services on the project well 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, end that all coverage agreements will be filed with the appropriate Insurance carrier or, in the case of a self-insured, w~th the commission's Division of Self-Insurance Regulation. Prowding false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civ,I actions. , K. The contractor's failure to comply w~th any of these prowsions is 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 wlth;n ten days after receipt of notice of breach from the governmental entity. AAAO0360 REVISED 10/12/~4 Cl - 9 BID SUMMARY In the event of the award of a contract to the undersigned, the undersigned will furnish 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 claims for labor performed and materials furnished in the fulfillment of ~he contract. It is understood that the work proposed to be done shall be accepted, when full~ completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certi~ies that the bad prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in th~s proposal, shall control over extensions. CONTP~CTOR~ Street Address city and state Seal & Authorization a corporation - Telephone B - 1 BID # 2087 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF TOWNSHIP II WASTEWATER LINING PROJECT IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named berem, that th~s proposal is made without collusion with any other person, firm or corporatmn, that he has carefully exarmned the form of contract, Notice to B~dders, specifications and the plans thereto referred to, and has carefully examined the locations, cond~uons, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, maelunery, tools, apparatus, and other items ~ncldental to constructmn, and wdl do all the work and furmsh all the materials called for m the contract and spec~ficaUons m the manner prescribed berem and according to the requirements of the C~ty as thereto set forth It is understood that the following quantmes of work to be done at urat prices are approxunate only, and are ~ntended principally to serve as a grade in evaluating b~ds It ~s agreed that the quantmes of work to be done at umt prices and material to be furmsbed may be increased or dnnlmshed 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 quanuues of work whether increased or decreased are to be performed at the umt prices set forth below except as prowded for ~n the speclficaUons It Is further agreed that lump sum prices may be mcreased to cover additional wo. rk order.e.d .by the City, but not shown on the plans or req~u?ed by the specifications, ~n accorclance w~m me provlsmns to the General Cond~tmns Sumlarly, they may be decreased to cover deletmn of work so ordered It is understood and agreed that the work ~s to be completed m full w~tlun the number of work days shown on the bldtabulauon sheet Accompanying this proposal ~s a certified or cashier's check or Bond, payable to the Owner, in the amount of five percent of the total bid. It is. understood that the b~d security accompanying this proposal shall be returned to the bfdder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond wil~hin fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes a~d agrees to perfo~ all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: P - 2 WORK DAYS 30 BID NO 2087 Townshw II Wastewater L,mne Prolect PO NO BID TABULATION SHEET ITEM D~qCRIPTION QUANTrr¥ ] UNIT UNIT PRICE TOTAL 1 21 Contractors Warranties and $~;,.~a~/LS $.~/.~ Understand,rigs UmtPncemWords 7'/are-.~(./']~ //~.a~/.~a/ 310 [ Preparation of R,ght-of-Way I [$ Umt Pr,ce ,n Words 312 I Temporary Eros,on Control I I$ 8 10 Bamcade,Warnmg S,gns & $ ~/LS $ Detours SP-39 I Pro. leer Signs ' 1 I Umt Pr,ce m Words ~. J~ ~/, WS-14 Manhole Frame & Cover -- 7 ' WS-16 Precast Concrete Manhole 12 Grade Rings $ Umt Pr,ce m Words ~ ~4~d ~'~'~ WS-32'33 6" Sewer Lineal 336 1' Umt Price m Words WS-32/33 ] 8~ Sewer Lm~l 7~1 I Umt Price m Words ~ ~ Urn, Price m Words ~ /~ I TOTAL I Total Price ~n Words ~ ~ THIS OER~FIOATE IS ISSUED AS A MA~fl OP INFORMA~ON ONLY AND ' CONFER8 NO RIQHT8 UPON THE CER~FICA~ HOLDER THIS CER~FICATE ~0~ · ~ · ~ DOE8 NOT AMEND, EXTEND OR ALTER THE COVERAQE AFFORDED BY THE ]~ - ~0~ POUCIE8 BELOW 8610~NGGEO~ED~,D~75235-~292 COMPANIES AFFORDING COVERAGE ~RY J LEE L~. c~ S T~ELERS ~E~TY OF CO~. CULL~ CONSTRUCTION CO. ~ ~NC. ~ C T~VELER5 ~E~TY CULL~ PXPE ~Y~TE~S~ BOX 550489 co~,~ D DALL~ TE~ 75355 ~y ~ ~UOY ~RA~N UM~ ~PE OF IN~N~B ~Y NU~ DA~ (U~D~ DA~(M~D~ C~M~CI~ GEN~ Ll~lLl~ D~B1K~C ~ODU~COMP~ AGO S 2~000~000 C~S~D~ X ~u. 07/12/97 07/12/98 ~vl~.~ s 1,000,000 ~ER~&~CT~PROT ~CH~U~NCE $ ~1000, 000 ~ ~0~ ~ FIRED~AGE(~y~oflre) $ 1001000 ~D ~E~SE (~ on~ ~n) $ 5 ~ 000 AU~B~ ~ml~ C~BINED 8INGLE AUTO BLCA~SlKS~gTLC Lm~mT S [ ~ 000 ~ 000 ~ O~ED ~u~m 07/[2/g? 07/[2/g8 ~O~V ~.~ O~AOE LI~IL~ PR~ER~ O~AGE ~B~ ~CH ~CURR~ S 5. 000~ 000 UM~EEL~ DEMCU~5IK~T 07/[2/97 07/[2/98 ~; ~ 5,000,000 AND DEEUBgS1KS3~ND 07/~2/97 07/~2/g8~cH ~ccm~Em s ~,000,000 DSE~E P~ICYLIM~ S [, 000, 000 E~m' ~mm~ oms~ ~OH EMPLO~E ~ ~ ~ 0 0 0 ~ 0 0 0 RE: BID #2087 - TOWNSHIP II WASTEWATER LINING PROJECT CITY OF DENTON IS LISTED AS ADDITIONAL INSURED ON GL & AUTO. WAIVER OF SUBROOATION IS INCLUDED ON WC. .qITY OF DENTON LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ~15 E. MCKINNEY ~AUmOR~F-" *'n . DENTON TX 76201 ~'~ :,~~~