Loading...
1996-129 ORDINANCE NO 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 sohmted, 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 herein 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 competitive bids for the construction of pubhc works or improvements, as described ~n the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONIRACiOR AMOI~T 1891 J C EVANS CONSTRUCTION $390,826 00 SECIiON I1 That the acceptance and approval of the above competitive Nds shall not constitute a contract between the City and the person submitting the bid for construction of such pubhc works or improvements hereto 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 furnlsNng 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 specifying the terms, conditions, plans and specifications, standards, quantmes and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Councd hereby authorizes the expenditure of funds m the manner and in the amount as spemfied ~n such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective ~mmed~ately upon its passage and approval PASSED AND APPROVED thru the ~ _ day of /~._. ,1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CONTRACT DOC DATE JUNE 4, 1996 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Ted Benawdes, C~ty Manager SUBJECT BID #1891 - MONCAYO - STUART 15" SANITARY SEWER RECOMMENDATION: We recommend this bid be awarded to the lowest b~dder, J C Evans Construction, m the amount of $390,826 00 SUMMARY: Tins b*d is for the construction of a two segment 15" sanitary sewer hne to replace an old obsolete 10" clay p~pe hne The Stuart Road segment consists of 2,369 L F of 15" samtary sewer Tbas port~on starts at Sun Valley and terminates south of Loop 288 near Selene (See Extublt attached) The Moncayo Road port,on *s 1,371 LF of 15" samtary sewer, beginning at Driftwood and continuing north to Smart Road (See exhibit attached) The Stuart Road port,on is the second phase of a project begun m the 1993 CIP Th*s project was presented to the Pubhc Utthty Board for cons~derat*on and they recommend approval BAEKGROUI~ Tabulation Sheet PROGRAMS: DEPARTMENTS OR GROUPS A.I~FECTED. Denton Municipal Utflmes and J C Evans Construction Co FISCAL IMPACT: Funds for this project are avmlable m the current CIP budget, account #674- 082-RB93-V309-8560 Respectfully submitted Ted ~enawdes C~ty Manager Approved Name Tom D Shaw, C P M T~tle Purchasing Agent 739 AGENDA Stuart Road 15" Sanitary Sewer JUPITER '~ / P[RSHJNI ........J l ~ f J?NO LN ~ cA~ ~.~.L-J ~J// ~ ~ ~// Z Z ~ _ ERC~_ES /// ~ ~ ~ SU VALLEY Exhibit II (1 of 2) Moncayo Road 15" Sanitary Sewer Exhibit II (2 of 2) CONTRACT AGREE1VIENT ~~ STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 4 day of JUN~ A.D., 19 96 , by and between CITY OF DENTON of the County cf DENTON axial State of Texas, acting through T~D BENAVIDES thereunto duly authorized so to do, hereinafter termed .OWNER, · and J.C. EVANS CONSTRUCTION 3900 VaT.T.~y VIEW IRVING f v~.Y&~ 75162 of the city of IRVING , Cou~lty of D/~T'?'~ and State cf ~w~.~ , 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 thc bonds attached hereto, CO~TRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID% 1891- MONCAYO - STUART 15" SANITARY SEWER in the amount of 9390,826.00 and all extra work in connection therewith, under the terms as state/ 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, end 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 explanatory matter ~hereof, and the Specifications ~herefore, as prepared by c?,~v o~ D~qTON ENGINEERING STAFF all of which ara made a part hereof and collectively evidence and constitute the entire contract. Indeoendent Status It is mutually tmderstood and agreed by and between City and Contractor that Contractor is an independent con,rector and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, wit/tholding, social security taxes, vacationor sick leave benefits, worker,s compensation, or any other City employee benefit. City shall have supervision and control of Con~ractor or .any employee of Contractor, and it is expressly understood that Con~ractor 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 Feason of injury to property orthird persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. 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 CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to oom~ence 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 currant 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 WITNESS WHEREOF, the par=ies of these presen=s have executed this agreement in the year and day first above writ=eh. CITY OF DENTON OWNER (SEAL) ATTEST: MAILING ADDRESS FAX NU~ER Gary D Nauert, ~emor V~ce BY T~TLE PRINTED NAME APPRO~V~ AS TO FORM: (SEAL) PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S Bond #39668960 KNOW ~LL MEN BY THESE PRESENTS: That J.C. EVANS CONSTRUCTION , of the City of ~wNc. County of D~T.?J%S , and State of TF.~AS as PRINCIPAL, and ~ntted States Fidellt[ and Guarant[ Compan[ , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON.901B Texas ST~Denton, TX as OWNER, in the penal sum of ~ HU~Dm~ NINTY THOUSAND EIGHT HUNDRED 76201 TW~q~TY SIX and no/~QQ--- Dollars ($ 390~826.00 ) for the payment whereof, the said Principal end Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 4 day of .~mm , 19._~, for the construction of BID # 1891 - MON('AYO-RT~IA~ ]_~" SANITARY SEWER which contract is hereby referred to and made a part hereof as fully and to t.he same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions end agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the ~rue intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEv~, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - i PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Den=on County, State of Texas. Surety, for value received, stipulates and agrees that no ~:nq:,_ex~.ension.of t~m., alteration or addition to the terms of s_s_~c~c~n_=.r~a~c_~_,_or__~o, the. work perform?d thereunder, or the plans, w ~u=u&u~, ur arawLngs accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the con~ract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of .T, me , 19 96 . J C Evans CfJstruc.tton Co , Inc / United States Fidelity and Guaranty Title ~'~Y auert,$en,orV,¢ePres,dent T.t.~:s AOtt~.nh~vel_~-in_Faet Add. ass: ~ann W~]l~y wpW Address:%Pittm and Amsoctates. Inc Tr~n~_ TY 7~]~ PO Box 2291 Austin. TX 7~7§8 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: ~itts and Associates, Inc , PO Box 2291~ Austin~ TX 78768 NOTE: Data of Bond must not be prior to data of Contract. AAA0184D ~ev. 0?/28/94 PB - 2 PAYMEHT BOND STATE OF TEXAS S COUNTY OF DENTON S Bond #39668960 KNOW Ar.r. M~N BY THESE PRESENTS: That J.C. EVAWS CON.~T~UCT~ON Of the City of County of Dm~TO~ , and the Stats of ~.~%S , as principal, and United States Fidelit,~ and Guaranty Com)an,~ authorizsd ~der ~e laws of ~e State of Tsxas to act as s~mty on bonds for principals, are held and fi~ly bo~d ~ CI~ OF D~N ° ~E ~D NI~ ~nn~a~ EI~ m~n ~'r~ Dollars ($ 39o.826.0Q ) for ~e pa~en= whereof, ~e said Principal and S~ety band ~emselves and ~eir heirs, a~inis~ators, exactors, suooessors and assays, Jointly ~d severally, by ~ese presents: ~S, ~e Principal has entered into a =e~ain ~it=en contract wi~ ~e O~er, dated ~e 4 day of 19 96 . BID ~ 1891 - MONCAYO--STIiAlpp 15" SaNITARy SEWER to which contract is hereby referred to and made a part hereof as fully and to the same ex~ent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Prinoipal shall pay all claimants supplying labor -- __ ~ . u con~rac~, ~en ~s obligation shall be vol~, o~e~_se ~o remain in full force and effect; ~ P~O~D~, HO~, ~at ~is bond is exerted p~suan~ e~l~n~°Jnd?~ '~ G~y~.C~d-, ~,pter 2253 ~a=~aneu zn ao~oruanoe wi~ said provisions =o ~e s~e e~en= as if ~ey were oop.ed at len~ herein. PB - 3 apec~ca~ona, or ~av~nva eceompan~nv ~e a~e, sha~ ~n ~ va~ a~ecC X~a obligation on ~Xs bon~, ~ ~ deem ~eby valve no~ce ~ ~ESS ~OF~ ~e sa~d P~nc~pa~ and S~e~ have si~nad and sealed ~is ins~en~ ~As 21st day o~ June ~9 96 . ,J C Evans ~on~uction~ , Inc United States Fldelity and Guaranty ~ c~pal Oompany S~ety ~ Attorney-in-Fact Ad~ress: 3900 Valle~ View Ad.ess: %Pitts and Associates, Inc Irving, TX 75162 PO Box 2291 Austin, TX 78768 (SZaL) The name and address of t-he Resident Agent of Surety is: AAA0184D Rev. 07/28/94 PB - 4 THE STATE OF T~XAS S COUNTY OF DENTON S Bond #39668960 ~NOW ~T,T. ~ BY THESE PRESENTS: That J.c. EVANS CONSTRUCTION as Principal, and United States Fidelity and Guaranty ComPany a corporation au~horized to do business in ~he State of Texas, as Surety, do hereby a~knowledge ~hemselves to be held end bound to pay unto ~he City of Denton, a Municipal Corporation of ~he State of Texas, its successors and assigns, at Denton, Denton County, Texas, ~he SI1m of ~?~ N?NR T~OU~a)~T~ EIGHTY TWO and 60/100 ......... Dollars ($_~), ten (10%) percent of the total amount of the con~ract for the pa%truant of which sun said principal and surety do hereby bind themselves, their successors and assigns, Jointly and severally. This obligation is conditioned, however, that: T~S, said J.C. EVANS CONSTRUCTION has t.his day entered into a written contract with the sa~d City of Denton to build and construct BID #1891 - MONCAYO-ST~ART 15" SANITARY SEWER which con~ract and the plans end specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and ars hereby expressly incorporated herein by reference and made a parC hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for s period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith end do all necessary work toward the repair of any defective condition growing cut of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to Cover all defective conditions arising by reason of defective materials, work, or labor performed ~y said contractor, end in case the said Con, rector shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance wit/~ said contract and supply such materials and charge ~he same against ~ha said Con~ractcr and its surety on obligation, and said Con~ractor and surety shall be subject to damages in said con~rac~ for each day's failure on the part of said Contractor to comply with the terms and provisions of said con~ract and this bond. NOW, THEREFORE, if the said Con~ractor shall perform its agreement to maintain said cons~ruction and keep same in repair for the maintenance period of one (1) year, as herein and said con~ract provided, than these presents shall be null and void and have no further affect; otherwise, to r~ain in full force and effect. It ia further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continua ~hroughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said J c Evans Construction as Contractor and Principal, has caused these presents to be executed by J C. Evans Construction and the said IIn~ted States Fidelity and Guaranty Company as surety, has caused these presents to be executed by its Attorney'-4in-Fact James O Schnell and the said Attorney-in-Fact has hereunto set/~is hand this day of T .... , 199fi · // I/ Compa , - Attorney l.n Fact AAA0184D Rev. 07/28/94 MB - 2 KNOW ALL MEN BY THBSB pRESENTS ~ UNITISD STATES FIDELITY AND GUARANTY COMPANY, I corpora,on o~u~d, mad under tbo laws o f tl~ S.t~e of I~.im~d and hvtq lU pnucipal of~e -' the City of Balumon, m the sine of iris/land, does he.by com~lolo ~ William H. Pitts, .Ir., Norman P. Rollins, John W Wagner, ,lames 0. Sebnell ano Ro Marie Boriski~ oftheCWof Austin St~eof Texas ~m~sadlawfulAttonl~y(~)-mFaot. encbmtheu'npamlo capacdy dmon, titan one is named above, lo m~n its name as su~sty to, and lo execute, seal and anlmowladp say and all bond~, uodenahn~, conim~lo and other written instruments in the antues the~of on behalf of the Con.any in Its Imanesu of ~amntsem~ ~e fidelity of pemons, ~laranteeine the performanee of conUncts, and exeo,,'mS or ~lamnloeinS bonds and undeflalanp requited or ponnteed m any a~loas or pmsaebn~s aliowad by law In W,loess Whe~eo f, the said UNt ~ ~ ~TATB$ FIDGtITY AND OUARAN~Y COMPANY has eaas~ tim mstnaneot to be sealed web ~ eo~po~ seal. duiyaitellodbythesqplntl{isaofitsS~NorVic~Pfllllde~andAl~lllontSo~l~lo~',thls 6th d~yof Aususl; ,AD 1~93 UNITED STATE~ FIDI~ITY AND GUARANTY COMPANY (S, ped) By BALTIMORB CITY {) ~..0L.. c..~. devof ^ ....... AD Imoa~.'ib~t~m,,~,monal~sag~,~".~'Robert J Lamenoo.ta , se~mMyof~dComp~.w~bothofwhemIampe~ong~y~;w~obemSby~q~f`~ydu~y~wom~thotther~mesmn Robert `i T a I / ..d Pa,,1 'FI ~24m~k ~"~' ,~._~-{~.)a~fon~{0~evn]y~thqi~l~q~Vl~P~l~bssadtheASl~l~t,.~zy of ...........the ~l~d UNFI*ED STATP. S FI~{{IJTY' AND OUA~ANY, the co--scabbed m and~ulod tho~orssmni po oy, heYcmn tbe seal of d comoratson, th~ thru sejdK~to .md powK o~_.~r~ w~ such cotpo~N~ R ~ ~ ~ bY o~r °f ~ ~ °f D~ of smd ~or~oratinn~ , ind'that t~ bey ss83]ud th,tr ml~emo bY hhe o~nl~6mr Vtc~ Pfendan~ ~t~~t~s~j stoat Sec fulo~'' m~vnly' ° f ~m mpany · ~ ' ' ~/ I'~ ~'~ NOTARY PUBLIC ~s powe~, ,f Attorney ts ~raoted under and by ~a~m~he foHoMnS RSUOInhOnS adopted by the Board of D~eclo~ of the UN[I~J STATES FIDBL~TY AND OUA] .ANTY COMPANY on S,ptombor 24U1~2 RESOLVE~, that in connection Mth the fidelity and su~ty insurance bulmess of the Company, ali bonds, unde,,mki.~s, contra~ts and other tnstmman~ rdattnS to smd busmfl4 sua~ be nlpled, execmed, and f~knowlad{ed by porsusu or entrees appointed as AUomey(s)-m-Fast puemlot m a power of Aeomoy issueo In acco~danco with these ~ molutionL SMd power(s) of Aeomey for and on bebnlf of the Company amy and shall be executed in the nme and on behalf of th* Company S~cretltyoranAsetstsatSe~t0tmy, uadmrthetrlupoctivedesssn~l~oas Thesisnctureofsucho~cersnmybeensraved'pnnted°thth°Sraphed Them~notureofea~h of the fomtmus offi~eru sad the ~nl of the Company may bo aflbted by thcmtmla m say Power of Attorney or lo any ~e:tifisats mla~nS thereto appomtm~ Attomey(s)-m Fact foX'reposes only ofexecutJn8 and aflaltmS bonds and undmfllkmp and other wntmp obhptoty tn the antu~e thereof, sad, unto# subnquantly r~voked and subject Io any basra:mas set foflh themn, any such power of ARomoy or ~fldic.te beanns such facssmll, nplm[u o~ .fanta..md, .~nl ~ ~ v~alid and bmdinS upon the Con,say and say ~ch power so execmed sad cemfied by such thcsttmle sl~uatun~ and thcstml[e seal shall be vaha Ho omoln8 ttpon me t.orn~any Mth respect to any bon~ of undeflaldna to wbinh R is validly all~ched bo..th. of the power of A~om. ~y ~,ssued to then~ to ~c~e and deliver on hehnlf of the Company and lo allach the suni of the Con. any lo any an~ aa oonan an~ un~.e and other wnUn~s obhplo~y m the nnlu~e thereof and any auch mammsat executed by such Atlome~s)-m Fact sheJl be ~s bladmS upon Ibe Company as ~t m~nm ey an E~e~u#ve Officer a~d senled and aaeslod to by the ~an~y of the Company L Paul D. Sims , an A#,aaot Se~,t~/of the UNITED STATES fIDELITY AND ~UAI~d~Y COMPANY do be~by eenlfy thel t~e fore~otn~ is · ~ excerpl Bom the Resoluuoa of the s~d Company as ngopted by its Boant of I~csurs on September 24, 19~2 and rhea Resolution is In furl force and effech L the undem~ned A~stsat Re~tuta~ of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby cefld~ thai the fo~smw8 Power of Atlomey ts In full foec~ ang effect n~d h~ Eot been [uvokad In ~.e,t,mouy Who.f, I ,.X..hereunto -- my bend .d th. s~d oft~NITE~STAT~. FIDBLITY AND OUAI~%NTV' COMPANY on thl, ~y USF&G INSURANCE IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P O Box 149104 Austin, Texas 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condltlon of the attached document ~ODU~R THIS C~RTI~CATE IS ISSUED AS A MA~ER OF INm~ ATION ONLY A~ AND WAGNER CO~AN~S A~O~ING CO~GE P O BOX 2291 COMPANY AUS~ ~XAS 78768 A st Paul Gua~mn Ins INS~D COMPANY B P O Box 9~7 Aus~n ~ 78766 ~ A X COMM GENE~L LIABILITY PROD~OMP/OP A~ x A~regaCe L~m~t apl lies mR~OA~t~m~ ~ CI~ OF DENTO~ DENTO~ ~ 76201 CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS SHALL BE ADDITIONAL INSURED ATIMA IN REGARD TO THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, & UMBRELLA LIABILITY POLICIES COVERAGE AFFORDED THE CERTIFICATE HOLDER SHALL BE PRIMARY WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS IN REGARD TO THE WORKERS COMPENSATION INSURANCE 2- 40 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention ia 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 end 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 obligation8 which the successful bidder shall have e duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obllgations or liabilities of the Contractor, the Contractor shall provide end maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon es practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory carttf,cates of insurance, conta,nmg the bid number end title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid 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, end signed by the City of Denton. All insurance policies proposed or obta,ned ,n satisfaction of these requ,rements shall comply with the following general specifications, and shall be ma,ntamed in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: · Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at ~east A. · Any deductibles or self-insured retentions shall be declared m the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions w,th respect to the City, its AAAO0360 ~ 10124/84 CI- I 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 policies shall be endorsed to prowde the following: · ® Name as addit~onal ~nsured the City of Denton, its Officials, Agents, Employees and volunteers. · · That such insurance ~s primary to any other insurance available to the additional insured with respect to claims covered under the policy and that th~s insurance applies separately to each insured against whom claim is made or suit is brought. The ~ncluslon of more than one ~nsured shall not operate to ~ncrease the ~nsurer's I~mlt of liability · All policies shall be endorsed to prowde thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage · Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences anslng during the contract term which g~ve rise to cia,ms made after exp,ration of the contract shall be covered. · Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit prowdlng for claims investigation or legal defense costs to be ~ncluded ~n the general annual aggregate hmit, the contractor shall either double the occurrence limits or obtain Owners end Contractors Protective Liability Insurance · Should any required ~nsurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory ewdence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AAA003~0 Revt.~l 10124/84 CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained in satisfaction of this Contract shall addationally 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: [X] A. General Liability Insurance: General Liability Insurance with combaned single limits of not less than $1,000,000 shall be provided and maintaaned by the contractor. The pohcy shall be written on an occurrence bases either in a single pohcy or m a combination of underlying and umbrella or excess pohmes. If the Commemaal General Llabihty form (ISO Form CG 0001 current edition) is used' · Coverage A shall include premases, operataons, products, and completed operations, independent contractors, contractual laabahty covering this contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, as not requared. If the Comprehensave General Liaballty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) as used, at shall anclude at least · Bodily Injury and Property Damage Laabd~ty for premases, operations, products and completed operations, andependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. · Broad form contractual liability (preferably by endorsement) covering this contract, personal ~njury habal,ty and broad form property damage liability. AAA00360 Rm4.ed I0124/84 CI - 3 Insurance Requirements Page 4 iX] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising 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 in the form of a policy endorsement for: · any auto, or · all owned, hired and non-owned autos. iX] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ;nsurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit 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 City, 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 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 Commission (TWCC). [ ] Owner's and Contractor's Protective Liability 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 insurance policy naming the City as insured for property damage and bodily injury which may arise ;n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAAO0360 Rev.ed 10124f84 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 ~nsurence. Policy limits wdl be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required If Broad form General Liability Is not prowded or Is 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 with lim,ts not less than per claim with respect to negligent acts, errors or omissions ~n connection w,th professional services is required under th,s Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided. Such policy shall ,nclude as "Named Insured" the City of Denton and all subcontractors as their ~nterests may appear [ ] Additional Insurance Other Insurance may be required on an ind,v~dual bas~s for extra hazardous contracts and specific service agreements If such add~t;onal ~nsurence is required for a specific contract, that requirement w~ll be described ~n the "Specific Conditions" of the contract specifications. AAA00350 R~'~ed 10124/94 CI- 5 Insurance Requirements Page 6 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certlf,cate of coverage ("certlficate")-A copy of a certificate of ~nsurance, a certificate of authority to self-insure issued by the comm~ss,on, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entlty's employees prov,dlng serv,ces on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406 096) - includes 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 limitation, Independent contractors, subcontractors, leasing compames, motor carners, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde serv,ces on the project "Services" include, without limitation, prowding, hauling, or del,venng equipment or materials, or providing labor, transportation, or other serv,ce related to a project. "Services" does not ~nclude act~v,ttes unrelated to the project, such as food/beverage vendors, office supply del,varies, and delivery of portable toilets. B. The contractor shall prov;de coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the durat,on of the project. AAA00360 Rev.ed 10124/~4 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 w~th the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person providing services on a project, and prowde to the governmental entity. (1) · certificate of coverage, prior to that person beginning work on the project, so the governmental entity w~ll have on file certificates of coverage showing coverage for all persons prov~d,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, ~f the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall rcta~n 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 writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that matar~ally affects the prows;on of coverage of any person prov~ding services on the project H. The contractor shall post on each project site a notice, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons prowdlng serv,ces on the prolect that they are required to be covered, and stating how a person may verify coverage and report lack of coverage CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom ~t contracts to provide services on a project, to' (1) provide coverage, based on proper reporting of classification codes and payroll amounts and 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 ~s being provided for all employees of the person prov.d~ng services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, 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 ~t contracts, and provide to the contractor: (a) a certificate of coverage, p,or to the other person beginmng work on the project, and (b) a new certificate of coverage showing extension of coverage, p,or to the end of the coverage pa,od, ~f the coverage pa,od shown on the current certificate of coverage ends du,ng the duration of the project; (5) rets~n all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity ~n writing by certified ma~l or personal delivery, w~th.n 10 days after the person knew or should have known, of any change that materially affects the prowston of coverage of any person providing services on the project; and I~v~ed 10124/84 Cl - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7}, with the certificates of coverage to be provided to the person for whom they are providing services J. By signing this contract or prowding or causing to be provided a cert;flcate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who w, II 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 w~ll be filed w;th the appropr,ate insurance carner or, m the case of a self-insured, w~th the commlaslon's Division of Self-Insurance Regulation Prov~d;ng false or misleading information may subject the contractor to admimstrative penalties, criminal penalties, ciwl penalties, or other mvil actions K The contractor's failure to comply w~th any of these prows~ons Es a breach of contract by the contractor which entitles the governmental entity to declare the contract vmd if the contractor does not remedy the breach w~thln ten days after receipt of notice of breach from the governmental entity. AAAO0350 Revved 10124/84 CI - 9 WORK DAYS BID NO. S~uart Road lS" San£tarv Sewer PO NO. BID TABULATION SHEET Un~ Price in Words: ~l~ 8' Sanitary Sewer 42 LF Unit Price in Words~ 2.12-C I 1,' S.nit.~ Sewer 2,369 UnL= Price In Words~ 2.12-D I 12' C-900 Sanita~ Sewer 27 Unit Price In Words~ Sewer Service 3 EA Unl~ Pri~e I, Words~ ~w~ WS-13.B 6' Sewer Service 1 EA WS-13.C 4' Sanlta~ Sewer Service 20 EA Tie-In Unit Price In Words~ ~ ~m~a~ 7.6.A-1 5' Drop Manhole 5 EA 7.6.A-2 I 5' Manhole ~ EA Unit Price in Words$ ~ SP-40 ~t and Plug Sani, ary 2 Unit Price 2n Words~ ~W SP-8 I ~andon Manhole 4 Unit Price in Words: /~WW P - 3 WORK DAYS 50 eTD NO. l~gl Stua~ Road 15~ San£tarv Sewer PO NO. BID TABULATION SHEET Unit Price in Words: 3.A Remove Concrete Pavement 24 SY $ Unit Price in Wordst 8.2 Concrete Curb and Gutter 63 Unit Price in Wordez 8.3 Concrete Driveway 24 SY $ ~ /SY $ ~),~ Unit Price in Words: /.~ SP-37 Excavation Protection 2,466 LF $ ~.~ /LF $ 7~,~ Unit Price in Words: SP-41 Asphalt Saw Cut 6,270 LF Unit Price in Wo~'ds: Unit Price In Words~ 3.10.7 Hy~ulch 120 Unit Price In Words: 3.9 30 P - 4 WORK BTD BID T~TION SHEET and Understandings SP-L0 Rock Sxoav~Lon 2,463 3.1 Prep~a~ion of Right-of- - LS Unit Price in Words~ ~/~& 8.1 Barricades, Warning Signs - LS and De,ours SP-39 ProJec~ Signs i EA SP-2 Concrete Saw ~ 8 LF Unit Price in Wo=dsz ~er~als and L~or $ Incorporated ~nto Pro~ec2 P - 5 WORK DAYS 30 BID NO 1891 Moncavo 15" Sanitary Sewer po NO BID TABULATION SHEET Unit Price In Words 2 12-B 8" Sanitary Sewer 50 LF Unit Price in Words 2 12-A 6" Sanl=ary Sewer 10 LF $ ~/LF Unit Price ~n Words ~r~ 6 4 I 20" Bore and Grout 160 Unit Prxce In Words ~ ~ ~,~ SP-40 Cut and Plug Existing 5 Sanitary Sewer Unit Prlce in Words ~F 7 6 A-2 5' Concrete Manhole 3 Unxt Price In Words ~WW 7 6 A-1 5' Drop Ma~ole 5 SA Unlt Price In Words /~A~r WS-30 Break xnCo Ex~st~ng i EA Ma~ole ~lt Price in Words ~W SP-8 ~andon Manhole 2 $ Unit Price in Words ~6~ WS-27 Remove Manhole 3 EA $ Unit Price in Words ~ 7 6 B I Rebuild Manhole 1 Unit Pr/ce in Words ~ P 6 WORKDAYS BID NO. Moncavo 1S" Sanitary Sewer PO NO. BID TABULATION SHEET X~ DESCRXPTXON 0UAN~XTY UNXT UNXT PRX~ ~T~ 3.B R~ve ~rb and Gu~ter 8 ~n~t P~ce ~n Words~ 8.2 Concrete ~rb and Gu~ter 8 LF SP-2 ~ncrete Saw ~t 4 LF Unit Price in Wordsz SP-37 Excavation Protection 1,247 LF $ Unit Price in Word8~ S~-lO I ~ck .xcavat~on 520 I C~ $ Unit Price in Words z 3.10.7 Hydr~ulch 1,364 $ Unit P=lce In Wo=ds~ SP-41 ~phalt Saw ~t 36 Unit Price In Wordss 1.21 ~n~rac~o~e~ Undere~and~ngsWa=ran~es - LS Unit Price in Wordsz ~ 3.1 ~ Prep~a~ion of Right-of-Way - Unl~ Price ~n Wordss O~& P - 7 WO~ DAYS 30 BID NO. 1~91 Moncavo 1S" Sanita~ Sewer PO NO. BID T~TION SHEET Unit Price ~n Worde~ ~ ~o~ Vnit Price &n Worde~ ~d ~~ P - 8 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 ~ount 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 the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and f~nlshed in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the b~d 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 l~sted in th~s proposal, shall control over extensions. J C ANS CONS U 'I'ION INC, Street Addresk City and Sta=e Seal & Authorization Telephone B - i BID SUMMARY Project Work Days Stuart Road 15" Sanitary Sewer 50 Moncayo 15" Sanitary Sewer 30 * Total 80 * Award of the bid will be based on the total bid price. The two Projects are being separated out for bookkeeping purposes only. There will be a total of 80 work days allotted for both projects. Work days will not be kept separately, however, if the Stuart Road line is worked first, it shall be substantially complete before moving to Moncayo so the street may be repaired in a timely manner. B - 2