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1995-083 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 THEREFORE; 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 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 public works or improvements, as described in 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 CONTRACTOR AMOUNT 1748 JAGOE PUBLIC CONSTRUCTION CO. $354,017.35 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing 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, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the/~day of ~ ,1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY MICHAEL A. BUCEK, ACTING CITY ATTORNEY DATE: APRIL 18, 199§ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1748 - PAYNE DRIVE PAVING AND DRAINAGE RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Jagoe Public Construction Co., in the amount of $354,017.35. SUMMARY: This bid is for drainage improvements and paving of Payne Drive from the intersection of Bonnie Brae and Windsor, west to near the intersection of Westgate Heights. The project includes approximately 1,000 feet of 6" waterline, 11,000 square yards of lime subgrade, 20,000 square yards of asphalt paving, 3400 feet of curb/gutter, 252 feet of 8' x 6' box culvert and all associated activities. Project is bid for completion in 60 work days. BACKGROUND: Tabulation Sheet, Memorandum from Deputy City Manager Rick Svehla. PROGRAbIS, DEPARTMENTS OR GROUPS AFFECTED: Public Works Department, Engineering Department, Residents of Payne Drive Area and Citizens of Denton. FISCAL IMPACT: Funds for this project will be provided from Street Bond funds, Bond Interest and Street Maintenance budget funds. Respectfully submitted: Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 598 .A~NDA CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 18 day of ~p~Tr. A.D., 19 95 , by and between THE CITY OF DENTON of the County of DRN~O~ and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC CONSTRUCTION CO. 3020 FT. WORTH DRI~q~ DENTON, TEXAS 76201 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and. agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID ~ 1748 - PAYNE DRIVE PAVING AND DRAINAGE in the amount of s354.017.35 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, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING DEPARTMENT 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 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. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent 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 commence work and complete all work within 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, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: co.. _ // - ~ CONTRACTOR, ~.0, MAILING ADDRESS ' PHONE NUMBER FAX NU~ER PRINTED NAME APPROVED AS. TO- FOR~4b (SEAL) City ~At~orney / AAA0184D Rev. 07/28/94 CA - 3 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC CONSTRUCTION CO. , of the city of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and SEABOARD SURETY C0MP~NY · 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 TnS CITY OF DENTON as OWNER, in the penal sum of THREE HUNDRED FIF~"f FOUR THOUSAN/) AND SEVENTEEN and 35/100 .... Dollars ($ 354,017.35 ) for the payment whereof, the said Principal and 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 18 day of APRIL , 199~ , for the construction of BID ~ 1748 - PAYNE DRIVE PAVING AND DRAINAGE which contract is hereby referred to and made a part hereof as fully and to the 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 and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true 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, HOWEVER, 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 - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, 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 the plans, specifications, or drawings 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 contract, or to the work to be performed thereunder. IN WITNESS W~HEREOF, the said Principal and Surety have signed and sealed this instru]nent this 26th day of April , 19 95 JAGOE-PUBLIC CONSTRUCTION CO. SEABOARD SURETY COMPANY Principa~ j Surety Rosemary ~eaver Title ~/-- ~/~-- ~,~~ _. Title Attorney-in-Fact Address: P. 0. Box 250 Address: 8144 Walnut Hill Lane #1199 Denton, Texas 76202 Dallas, Texas 75231-4345 (SEAL) (SF2%L) The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas 5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. ~2%AO184D Rev. 07/28/94 PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC CONSTRUCTION CO. of the City of DENTON County of DENTON , and the State of TEXAS as principal, and SEABOARD SURETY COMP^NY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITYOF DENTON , OWNER, in the Denal sum of AND 3S/100--- THREE HUNDRED FIFT"fFOURTHOUSANDANDSEVENTEEN Dollars ($ 354,017.35 .) for the payment whereof, the said Principal and 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 18 day of APRIL 19 95 o BID ~ 1748 - PAYNE DRIVE PAVING AND DRAINAGE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, 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 - 3 Surety, for value received, 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 the plans, specifications, or drawings 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 contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 26th day of April 19 95 JAGOE-PUBLIC ~ CO. SEABOARD SURETY COMPANY - -------~rin~ -- Surety  ' ~ Rosemary Weaver Title \/- ~ --/~ ~C3~_ Title Attorney-in-Fact Address: P. 0. Box 250 Address: 8144 Walnut Hill Lane #1199 Denton, Texas 76202 Dallas, Texas 75231-4345 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas 5420 LBJ Freeway, Suite 1400, Dallas, Texas ?5240-2652 AAA0184D Rev. 07/28/94 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC CONSTRUCTION CO. as Principal, and SEABOARD SURETY COMPANY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of THIR~"f FI~q~ THOUSAND FOUR I{UNDRED AND ONE and 73/100--- Dollars ($ 35,401.73 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said JAGOE PUBLIC CONSTRUCTION CO. has this day entered into a written contract with the said City of Denton to build and construct BID # 1748 -- PA~q~EDRI~-EPAVINGAN-D DRAINAGE which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said city and are hereby expressly incorporated herein by reference and made a part 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 a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out 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 by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is 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 ex/qausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS Wq{EREOF, the said Ja~oe Public Construction Co. as Contractor and Principal, has caused these presents to be executed by and the said Seaboard Surety Company as surety, has caused these presents to be executed by its Attorney-in-Fact Rosemary Weaver and the said Attorney-in-Fact has hereunto set his hand this 26th day of April , 19 95 SURETY: PRINCIPAL: SEABOARD SURETY COMPANY JAGOE~PUBLI~C~ CONST~CTIO~ CO. Rosemary Weaver Attorney-in-Fact AAA0184D Rev. 07/28/94 MB - 2 KNOW AL~ MEN'BY THeE PR~N~ T~~A~S~fl E~Y compaNY, S c~r~orati°~,he State of NeW York, has madeconst tuted add ~pp~rn[ed~d:~yihes~ Pr~edts~do~-m~e ~onsfi(ut~a~d~P~int ~-~; ~ ' o~ ~1~, ~s its true and la~ul A~orney-i~-Fact, to ~ke, ex.ute and ~liver on i~ ~half insurers ~1~i~, sum~ ~nd% undedakings and other Inst~ments of similar nature as follows: ~ ~O~ Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of Ssid:Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: "Policies, bonds, recognizances, ~tlpulatlons, oonesnts of surety, un--lng undertaldng~:and in~iruments reletll~g Ihereto. Insurance policies, bonds, recognizances~ stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and-on behalf of the Company (a) by the Chairman of the Board, the President, a Vice-President o~'aResident Vice-President arid by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact~for the Company appointed and authorized by the Chairman of the Board, the President or a Vice-President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .... .2..8.~ ...... day of ...... Jaz~_~y-.-; ........................ 19.94- ~ Attest: SEABO~RDi~URETY COMPANY, ~ ~- By ~~ (Seal} ~....~...: .',~"~ ...~..~...~.....~.. ~ ' ~'sistant Secretary ~ Vice-Presider STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this ....... 28.~'t .............. day of ......... ~'~T~.'~7~. ............................................................... 19...9..4.. ...... before me personally appeared ..................... FL~.~e~-,~....[c~"~-~_~_'q, ............................................................... a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ..Ner~..~e3cse¥ ...... ; that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing i nstru ment; that he knows the corporate seal of the said Company; that the seat affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his namethereto as Vice-President of said Company by like authority, BELINDA FAYE :LEE h the uTl~ned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Powerof Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify t_hat the Vice-President who executed thesaid Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article Vii, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following r~solution'of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY et a meeting duly called and held on the 25th day of March 1970, "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification .of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII, Section 1, of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Compan~ surety bonds, ~nderwriting undertakings or other instruments desc~'ibed in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHERF~O.F, J,have hereunto set my handing, e~fixe~d the corporate seal of,t~y~Company to these presents this -~ ................ ~,V,~ ................. day of .................. ~ ................................ 19 ...~,,~_. ~ Form 957 (Rev. 7/84) For vedficat on of the authent c ty of this Power of Attorney you may cali, co~l(~ct, g0.8;.. 6.5 .8~3500 and.ask..lor.the, P.ow?,r~of ,A~ _o,r_ne~y, _c.I e~r~kA ?,,.,~s~e ~r~ fer to the Power II~ORTANT NOTICE TO OBTAZN ZNFOR~4AI-~ON OR MAKE A COI~LAZNT: YOU 14AY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAZN TNFOR~4ATZON ON ~ARTES, COVERAGES, RIGHTS OR COI~LAZNTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF TNSURANCE: P. 0. Box 149104 Aus~-~N, TX 78714-9104 FAX #(512) 475-1771 PREi4IUH OR CLAIM DISPUTES: SHOULD YOU HAVE A DZSPUTE CONCERNING YOUR PREMZUM OR ABOUT A CLAZM YOU SHOULD CONTACT THE AGENT OR COld'ANY FIRST. IF THE DTSPUTE Z$ NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS h~YFICE TO YOUR POLICY: THT$ NOTZCE Z$ FOR ZNFOR~IATZON ONLY ~ DOES NOT BECOIqE A PART OR COFE)ZTZON OF THE ATTACHED DOCIJI4ENT. 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 te determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent Iow bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been complete~ and accepted by the City of Denton, Owner, the minimum insurance coverage a~ indicated hereinafter. ~ As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and 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, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained 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 least A. · Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its A.~,A00350 ,EWSED ~o~:~,4 Cl - 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 adminisfration and defense expenses. · Liability policies shall be endorsed to provide the following: · · Name as additional insured the City of Denton, its 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 policyand that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. · All policies shall be endorsed to provide thirty(30) days prior written noti¢~ of cancellation, non-renewal or reduction in coverage. ~ · Should any of the required insurance be provided under a claims-mad~ form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. · Should any of the required insurance be provided undera form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. · Should any'required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence 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. AAAO0350 REVISED 10112194 Gl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurancePoli(~ies 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, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 curre~ edition) is used: ~ · Coverage A shall include premises, operations, products, an~l completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. · Coverage B shall include personal injury. · Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: · Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent dontractors and property damage resulting from explosion, collapse or underground (XCU) exposures. · Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AAA00350 R[v~sEo ~o/~2~4 CI - 3 Insurance Requirements Page 4 [X ] 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. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's 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 I in accordance with §406.096 oftheTexas Labor Code and rule 28TAC 110.110 oftheTexas 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 in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AAA00350 REVISED 10112/94 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 required if Broad form General Liability is not provided 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 limits not less than per clain~ with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and' specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AAA00350 REVISED 10/12/94 Cl - 5 Insurance Requirements Page 6 ATTACHMENT I [,X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate 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 insurance coverage for the person's or entity's employees providing services 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 bee~ 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, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, 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 equipme_nt or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, _ such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The_ contractor shall provide 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 duration of the project. AAA00350 REVISED 10/12/94 CI - 6 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental enti.ty 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 provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on th~ project; and ~ (2) no later than seven days after receipt by the contractor, a nev~ 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 writing by certified mail or I~ersonal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The.contractor shall post on each project site a notice, in the text, form and manner prescribed 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. AAAO0350 REVISED 10/12/94 CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it comract~ 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 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 coverag~b period shown on the current certificate of coverage ends during th~. duration of the project; ~ (4) obtain from each other person with whom it contracts, and provide 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, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retair~ 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 mail or personal . delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and AAA00350 REVISED 10/12/94 Gl - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as ~_equired 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 will 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 with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity t~ declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. AAA00350 REVISED 10/t2/94 Cl - 9 WORK DAYS 60 P~¥ne Drive Pavinq & Drainaq~ BID NO. !Ta~ PO NO. BID TABULATION SHEET 3-B I Remove concrete, curb and 113 I LF I $ ~_~o /LF I$ gutter - ~-~ Unit Price ~n Words: --~--,~ f~o //~ SP-45 1%" Asphalt Mill 1,011 S¥ $ ~ /SY $ Unit Price in Words: .~0 //~¢% 3.3 I Unclassified Excavation 5,652 ICy ~__? /0¥ $ Unit Price in Words: 4.6-B 6" Lime Treatment of 11,010 SY ~O /SY $ Subgrade Unit Price in Words: 4.6-A Type a Hydrated Lime 150 Ton Slurry Unit Price in Words: 5.7-A 2" Asphalt Pavement ~952 SY /S¥ (Type A) 5.7-B 4%" Asphalt Pavement 8,999 SY /aY Unit Price in Words: 5.7-C 1%" Asphalt Pavement 10,010 SY $ /aY $ (Type D) ~ ~ Unit Price in Words: 5.7-D 2" Asphalt Patch Material 5 Ton $ /To. $ (Type D} CO Unit Price in Words: /~ ~ ~ 8.2-A Concrete Curb and Gutter 3,396 LF ~O /LF $ Unit Price in Words: ~O 5.8-A I 6" Concrete Flatwork 24 SY 7~ /aY $ Unit Price in Words: //~.~ ~ ~ P - 3 WORK DAYS 60 Rayne Drive Paving & Drainage BID NO. PO NO. BID TABULATION SHEET °3 / Zoo Unit Price in Words: 7.6.A-2 8' x 6' Direct Drive Box 252 LF $ Culvert Unit Price in Words: SP-2 Concrete Saw Cut 8 LF ~. /LF $ Unit Price in Words: ~ O 2.12.3 18" Storm Sewer 114 LF $ /LF $ 8.15 Rock Rip Rap (Type A) 25 CY $ do /CY $ ~ ~ O0 7.4.5 ~ Class A Concrete 27 8.3 6" Concrete Driveway 15 P - 4 WORK DAYS BID NO. Payne Drive Pavinq & Drainaqe PO NO. BID TABULATION SHEET unit Price in Words: Unit Price in Words: 2.12.8 I ::w::Ctile iron Sanitary 20 LF SP-40 Relocate Existing Fence 2,597 I LF ~ $ i, ~0 iLF I$ Unit Price in Words: 3.10.7 ~ Hydromulch 9,022 SY $ ,~0 /SY .~/~, Unit Price in Words: 1.21 I Contractor,s Warranties I _ , ~ LS I $ and Understandings O~ SP-10 Rock Excavation 50 CY Unit Price ~n Words: 3.1 Preparatfon of Right-of- ~ -~ LS ~ $- o~/LS ~ $ Way Unit Price in Words: and Detours Unit Price in Words: 0o Unit Price in Words: P - 5 WORK DAYS 6~0 ~ayne Drive Pavinq & Drainaqe BID NO. J74R · ' Po NO. BID TABULATION SHEET ITEM DESCRIPTION 9UANTITY UNIT PRICE TOTAL 3.12 Temporary Erosion Control - LS $ /LS $ OoOq~ SP-37 Excavation Protection 100 $ /LF $ 3 o~L ,flog ~A GO 8.11 Metal Se~ Guard Rail 188 ~ LF ~ $ /LF $ with Te~inal End Unit Price in Words: Alternate Bid Unit Price in Words: Unit Price in Words: ' 7.4.5 Class A Concrete 69 $ ~ /cY $ Unit Price in Words: SP-3 Reinforcing Steel 5129 16 $ /16 $ Unit Price in Words: 2.12.3 18" Storm Sewer 116 $ Unit Price in Words: TOTAL P - 6 BID SUMMARY ~ the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a pa~ent bond for the full amount of the contract, to secure proper compliance with the tens and provisions of the contract, to insure and ~arantee the work until final completion and acceptance, and to ~arantee pa~ent 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 finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correc~ and final. Unit and lump-sum prices as shown for each item listed in thi~ proposal, shall control over extensions. Street ~ddress city and ~tate Sea~ & ~uthorization (If a Corporation) ~/'~/3S~- ~ ~ / Telephone B - 1 MAY,'-10'9 tWEB) 10:14RAMEY KING TEL:I 817 243 1050 P. 001 [ ~UC , ~ ~lS CER~RCA~ IS I~UED AS A MA~R OF IN~nMA~ON ONLY AND ~ ~ CONFERS HO RIGH~ UPON ~E CER~RCA~ HOLDER. ~lS CE~RCA~ : * ~ DOES N~ AMEND, ~HD OR AL~R ~E COVERAGE A~ORD~ BY RAUEY & KING INSURANCE ~ ~UCIES BELOW. COMPANIES AFFORDING COVERAGE COMP~ ~6UR~ P O BO~ ~ c~ D c~P~ E 7HIS IS TO ~ ~T ~E POLICI~ OF INSU~NCE [IS~D ~ELOW HAVE BEEN I~SUED TO ~E iNSURED N~ED ABlE FOR ~E POLICY PE~OD INDIteD, NO~ST~DING ANY REGUIREM~T, ~RM OR CONOI~ON OF ~ CON~C~ OR O~ DOCUMENT WI~ RESPECT TO WHICH THIS CE~FICA~ MA~ BE 188UE~ OR MAY PE~AIN. ~E ~NSU~ANCE AFFORDED BY ~E P~CI~ D~CRIBED HEREIN IS SU~ECT TO A~ ~ ~RMS. ~CLUSlONS ~ND COND~ONS ~ SUCH POLICIES, EMIT~ SHOWN ~Y HAVE BE~ REDUC~ BY ~A~D C~M8. ~ ~ ~ ~ ""~"': ~cun, ~ ................................................. ~ ....................................... ~ ..... ~ ! ~ O~E ~y ~e fire) BODILY I~ ...... iS ' { NO~ED ~OS ; (Per e~an~ , '" "'; ~ ~ ~o~,~ ~,~ ~RII~ O~ DI~Jk'II~JlLI3C&'flON~'~II=LIj~/~[~L ~ ................. · ~e D~ Dml~ :~ of D~t~ ~ AddRl~l [nsu~ ~ ~P ~A~ON DA~ ~EREO~, THE IS~UING COMPANY WIL~ :~: ~D~ R TO C~ of Dm~n ~:~: ~IL ,, DAY~ W~I~EN NO~CE TO ~E CE~HC~TE HO~ER NA~ED A~: D~ ~lomon ..... 21~ ~ M~ln~ }7~ LE~, BUT FAILURE TO ~L ~U~H NOTICE ~H~ I~POSE NO O~LIGA~ON OR ~ LIA~OF ~y ~ND UPON THE COMPANY, I~ AGE~ /