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1995-188 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 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 1785 SOUTHWEST INDUSTRIAL CONSTRUCTORS $125,485 1798 DAVIS & HAWKINS, INC. $ 48,725 1799 JAGOE PUBLIC $542,209 1799 DICKERSON CONSTRUCTION $436,002 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 /~4~day of~,1995. BOB CASTLEBERRY, ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAl'. FORbI-' HERBERT 1'.. PROIJTY, CITY ATTORNEY DATE: SEP'r]~IBER 19, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1785-ADDITION TO MUNICIPAL GENERATING STATION RECOMMENDATION: We recommend this bid be awarded to Southwest Industrial Constructors, the only bidder for the majority of the project, in the total amount of $125,485.00. SUMMARY: This bid is for all labor and materials necessary in the construction of an expansion of the technician shop, turbine generator parts storage area, crew training room and engineering staff work area. These areas have been outgrown by the Electric Production Department. Construction will total 3,340 sq. ft. at a cost of $37.50 per sq. ft. Three bid proposals were received in response to sixteen notices mailed to vendors. BACKGROUND: Tabulation Sheet, Jim Thune's memorandum dated September 6, 1995, Public Utility Board Minutes recommending approval. PROGRAMS ~ DEPARTMENTS OR GROUPS AFFECTED: Electric Production, Electric Utility Department, Electric Utility Customers of the City of Denton. FISCAL IMPACT: Funds for this project will come from 1995 budgeted accounts: 610-101-1011-3110-9201 and 610-101-1011-3140-9205. ~°Yd V-'~H~~Re~l~ctf~lly submitted: City Manager Prepared by: Name: Denise Harpoo} Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 634 .A~ENDA ~""r' I~ I o~ I I I I 0 0 I-- 0 0 0 0 0 0 0 //) 0 0 0 0 0 0 0 &Zz ~ ~ 0 0 ~ 04 LU O:D 0 ~ ~ e~ e~ e~ ,_ 0 ,,, ~.~ o ~-~-: 'r~'- <~ ~a,,, ~ <~ o City of Denton Utilities 1701 ASpencer Road · Denton~ Texas 76205 · (81% 365 - ~55, · Fax ~$1% 385 - -SSS September 12, 1995 Tom Shaw Purchasing Agent City of Denton Subject: City Council consent agenda item: Bid 1785 Addiuon to municipal gene?aung station Dear Tom: Please prepare a consent agenda item tbr the attached requisition # 156898. Support documentation is provided as follows: RECOMMENDATION: The electric utility recommends executing a purchase order with Southwest Industrial Constructors Inc. for construction of subject described thclhues. The Public Unhtv Board approved this recommendation during the September I 1, 1995.meeting. .': SUMMARY: Spencer plant technician, storage and office t~.cility areas prov,de hnnted space and no longer serve the needs of the division. Working with Alan Nelson Arch,tects. plans and spectficauons were developed to upgrade these areas within the limaations of exIsting floor space. Construction will include building a second level on the turbine floor of the existing building thereby doubling usable floor space. Southwest Industrial Constructors Inc. thrmshed Iow bid lbr specified ....construction. The electric utility recommends executing a purchase order for construction of the specified facilities BACKGROUND This t~.cilities upgrade project Ir'or the Spencer stauon revolves the tbllowing improvements' Technician Shop - The existing shop tilcilitv has long been to small/hr the x~ork reqmred \Vorkspace and storage facilities for crmcal eqmpment and supplies hax e t*een msuffic,ent irbr the plant's requirements. This construction will mcrease shop spnce so that the elecmcal and ~nstrument technicians will have adequate area to perform repmr work on the plant's equipment. Reliability and utilization ofcriucal test equ,pment xtill also be m~pro~ed Turbine Generator parts storage - Repair material and supplies tbr the turbtnes and generators hax e been maintained m Tom Shaw Page 2 September 12, 1995 makeshift storage areas. Mmntaimng reliability and integrity of these areas has been difficult due to the lack of permanent structures. Th~s construction will provide permanent facilities to shelve and store critical components. Crew Training room - The existing crew training area is limited and does not provide adequate space for station personnel to gather for group meetings. This construction will provide thcilines tbr group meetings, training and safety sessions. Engineering staff work area - Present staffoffice space is limited and has required dispersion of personnel. This construction will increase their space, centrally locate staff and allow shared utilization of computers and other engineering resources. Construction will be implemented in two stages. The first stage will provide the technician facilities. The second stage will provide engineenng staff space and critical storage thcilities. Existing floor space and perimeter wall's'will be utilized in the new construction. A second level will be incorporated doubling the present utilization of available floor space within the building. Construction will total 3340 sq. fi. at a cost of $37.50 per sq. ft. FISCAL IMPACT: Cost for the project was quoted at $125.485.00 from Southwest Industrial Constructors. Other bids were received for portions of work insufficient to provide a completed project. This item was included in the 1995 budget. Please advise me ifaddit,onal material or ~ntbrmanon x~ould be helpthl tn prepa,'anon of this matter tbr Council approval. Thank you. Jim Thune ~4a,m~3er. Electric Production Dw~s~on cc:Bob Nelson purchase lile rq 156898 PUB EXCERPT September 11, 1995 1. CONSIDER APPROVAL OF BID #1785 FOR UPGRADE OF THE SPENCER PLANT TECHNICIAN WORKSHOP, TURBINE GENERATOR PARTS STORAGE, CREW TRAINING ROOM AND PLANT ENGINEERING STAFF WORK AREA Following extensive discussion and summary/background information provided by Jim Thune. Norton made a motion to approve the bid with conditions requiring specifics to the Executive Director for the proposed renovation to meet ADA compliance, if applicable, establish proper emergency exits and evaluate acoustical issues in compliance with OSHA standards. Giese seconded the motion. All ayes, no nays, motion passed unanimously. CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 19 day of SEPTEMBER A.D., 19 95, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and SODT~WEST INDUSTRIAL CONSTRUCTORS INC. 121 EXPOSITION ST. DENTON, TEXAS 76205 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1785 - ADDITION TO MUNICIPAL ~R~R. RATING STATION in the amount of $125,485.00 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, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ELECTRIC PRODUCTION 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: ~ (SEAL) ATTEST: CONTRACTOR ~~l~t~~ 121 EXPOSITION STREET DENTON, TEXAS 76205 ~ILING ~DRESS 817-566-1899 PHONE N~BER 817-383-2066 FAX NUMBER TITLE C.E.O. T.E. STANEK. PRINTED N~E APPS0W TO (SEAL> CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements 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 completed and accepted by the City of Denton, Owner, the minimum insurance coverage as 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 FF001t^ I REVISI;~D 10/12/94 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 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 policy and 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 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, 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 under a 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. AFFOOBAI REVISED I0/12/94 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: Ix] A. General Liability Insurance: General Liability insurance with combined single limits of not less than __ SZ,OOO,OOOshall 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 current edition) is used: · Coverage A shall include premises, operations, products, and 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 contractors 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. AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 4 Ix] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ~5oo,ooo 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 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 9500,000 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 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 in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AFFOOBAI REVISED I0/12194 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 claim 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 Ali-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. AFFOOBA I REVISED 10112194 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 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, 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 equipment 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. AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and 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 the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a 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. AFF00BA ! I~¥|$ED 10112194 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the 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 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) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified 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 AFFOOBAI REVISED 10/12/94 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 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 to 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. AFI~00BAI REVISED 10/12/94 BID NUMBER I785 BID PROPOSALS Page City of Denton, Texas 901.B Texas St. Purchasing Department Denton, Texas 76201 ITEM DESCRIPTION QUAN. PRICE AMOUNT t~E~N OFFIC~ ADDITION ~O '£ttt~ D~%FfON ~L~.~C ~TI'NG S~A~ION SECTIONS 34302. 001534302 1. S~RU~I'ut~AL S~'EJ~L ~ CONCRetE ........................... 21318.00 21318.{ 14050.00 14050.£ 3. RIJ~"~RICAL S¥S~ INST~I.I~?ION .......................... 1 $ 4. DRYW'AT.T., CEILINGS, DOORS, FRAMES HARDWARE, PRE-FINISHED 470 l METAL SIDING ............................................ 1 $ $ 5. PAINTING ................................................. 1 $4566.0 ~ 4566.¢ 6. CARPETING AND FLOOR COVERING ............................ 1 $.~ This bid will be awarded by section to the iow bidder, or as one ~nit, whichever is to the cities' best advantage. TOTALS 1-6: $125485.01 90** Wo quoto tho abovo f.o.b, doli¥orod to Donton, lo×as. Shipmont can bo roads In days from ro¢oipt of ordor, lorms not/30 unlossothorwiaelndicatod. **NINETY DAYS TO COMPLETE PROJECT In submitting the abovo bid, the vendor agroos that accsptanee of any or all bid items by tho City si Donton, lo×as within a reasonable period o~ tiros eonstitues a contract, lbo complotod Bid Proposal must be properly priced, signod and rotumod. 121 EXPOSITION STREET SOUTHWEST INDUSTRIAL CONSTRUCTORS IN( Mailing Address ~ DENTON, TEXAS 76205 Signature 817_56~1899 S~a,~ m, T.E. STANEK, C.E.O. Telephone Title PAODUOm THIS CER~OATE 19 IBSUID AS A MA~A OF INFOR~ON ~LY AND ~N~RB NO mG~ UPON ~E GER~fl~A~ ~ O~ ~AB DOE5 NOT AMEND, ~ND OR AL~A ~E ~OV~GE AF~RDED BY D~12as, TX 75240 ~MPANIE5 A~RDING COVE~GE (2~) 385-992~ SO--ST Z~STRZ~ ~ C U.S. FIRE INS~CE CO. CONSTRUCTORS, INC. 121 EXPOSITION ST. ~19 19 TO CER~ ~AT ~E ~CI~ ~ IN~CE U~D B~ HAVE g~ IEGUED TO ~E INgUR~ N~EO ~ ~ ~E ~UCY PERIOD INDICA~O, ~ST~DING ~ ~QUIR~T, ~RM OR ~DmON OF ANY CON.CT OR 0~ D~UMENT ~ R~PECT TO C~FICA~ MAY BE ISSU~ OR ~Y ~RTNN, ~E INSU~CE ~ ~ ~E POUGI~ D~9~D HER~N IS ~EOT TO ~ ~E ~R~, ~C~3~0N3 ~O C~DI~8 ~ SUCH ~Uo~ES. UMI~ SH~ MAY ~E 9~N REDU~ BY PAID C~IMS. C~ ~o ~ ~7/01/95 07/01/96[~ ? 500,000] C~EQUIPM~ FLTR u~o~ ~T/01/95 ~07/01/96~$50,000 RE~ a0, BUILDERS ~ISK ~ PER DZSAS~K 2,000,000. RE: Bid %1785. A~dltlon ~o M~toipal Generatin~ Station. City of Denton, i~e ofEiciale, agente, ~ployeee and vol~eere are to be n~ed as additional ineured ag regpe~te to Auto and General Fax~ 817-383-7302 OCT 16 '95 15:34 214 7i52179 PRGE.001 PERFORMANCE BOND STATE OF TEXAS § BO_N~. ~O.: 01~0051.09 COUNTY OF DENTON § · ~ KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL· and AMWEST SURETY INSURANCE COMPANY · as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of QNE ~UNDRED TWENTY FIVE THOUSAND FOUR HUNDRED EIGHTY FIVE and no/100 Dollars ($ 125,485.00 ) 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 19 day of SEPTEMBER , 19 95 , for the construction of BID # 1785 - ADDITION TO MUNICIPAL~ GENERATING STATION 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 WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of October 19 95 SOUTHWEST INDUSTRIAL CONSTRUCIORS, INC. AMWEST SURETY INSURANCE COMPANY Principal Surety PAULINE L. LESCH Title T . E . STANEK, C . E . 0 . Title ATIORNEY-IN-FACT Address: Address: 121 EXPOSITION ST. P.O. BOX 11 50 D~VION~ TX 76205 LEWISV/LT.~., TX 75067 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: PCL CONTRACT BONDING AGENCY 206 EI~ ST., SUITE 105, LEWISVITZ.R, TEXAS 75057 NOTE: Date of Bond must not be prior to date of Contract. AAAO184D Rev. 07/28/94 PB - 2 PAYMENT BOND BOND NO.: 015005109 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONSTRUCTORS of the City of DENTON County of DENTON , and the Sta%e of TEXAS as principal, and AMWEST SURETY INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of RDEItatTIf F and o/ ONE W3NDRED TWENTY FIVE T.OUSAND FOUR WJNDR Dot'ars (n~ ][9~,485.00 ) 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 19 day of SEPTEMBER 19 95 . BID # 1785 - ADDITION TO MUNICIPAL GENERATING STATION 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 3rd day of October 19 95 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. AMWEST SURETY INSURANCE COMPANY Principal Surety PAULINE L. LESCH Title T.E. STANEK, C.E.0. Title ATTORNEY-IN-FACT Address: Address: 121 EXPOSITION ST. P.O. BOX 1150 DENTON, TX 76205 T.RWISV/T.T.~., TX 75067 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: PCL CONTRACC BONDING AGENCY 206 EI~4 ST. ~ SUITE 105r LEWISVILT,Rr ~ 75057 AAA0184D Rev. 07/28/94 PB - 4 MAINTENANCE BOND BOND NO.: 015005109 THE STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SOI~{WEST INDUSTRIAL CONSTRUCTORS,INC. as Principal, and AMWEST SURETY INSURANCE 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 TWqELVE THOUSAND FIVE HUNDRED FORTY EIGHT and 50/100 Dollars ($ ]~54~_50 ), 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 SOU'x'~WEST INDUSTRIAL CONSTRUCTORS, INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1785 --ADDITIONTOMUNICIPAL GENERATING STATION 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 exhausted, 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 WHEREOF, the said SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. as Contractor and Principal, has caused these presents to be executed by and the said AMWESTSURETYINSURANCECOMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact PAULINE L. LESCH and the said Attorney-in-Fact has hereunt6 set his hand this 3rd day of October · 19..95 SURETY: PRINCIPAL: AMWEST SURETY INSURANCE COMPANY SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. PAULINE L. LESCH T.E. STANEK, C.E.O. Attorney-in-Fact AAA0184D Rev. 07/28/94 MB - 2 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, TX 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. A'i-rACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached doc~ment. D^= 5-18-96 0000476945 READ C~R~FULLY ~ d~ is ~t~ on ~ ~ ~n~g ~e ~cial wa~d logo ( ~ ) of ~w~ S~ ~ Comply (~c "Com~ on ~ ~ ~ ~ ~W ~ ~ ~ ~ ~y ~ll~d oh~ of~ PeA ~ valid. ~s PeA ~y not ~ ~ ~ conj~ction wi~ ~y o~ ~ No i~,~ti~ or wa~fi~ ~gard~g ~s ~A ~y ~ ~do by any ~ ~s PeA is gov~ by ~ [a~ of ~o S~te of Cal~o~a and ~ o~y valid ~OW ~ BY ~SE P~SE~, ~t ~wmt S~ ~ C~p~y, a Cal~o~a ~don (~ "~mpan~% d~ h~by ~ke, ~ti~ ~ a~: PAULINE ~ L~SCH ~M F. L~ G~Y ~TU~ ~ ~MPLOY[[S OF P~ CONT~ BOND~G AG~N~ ia tn~ and lawful Attorney-in-fact, with limit~i power and anthorit~ the seal of the company th~to if a se. al is r~luirnd on bond~ ~gs, recogulzancaa, mimur~.~ agrenmont for a obligatiom in th~ natu~ ~v. of as follow: Bid Bonds up to $*'1,000,000.00 Contract (Performance & Payment), Courf~ Subdivision $**1,000,000.00 Ltcen~ & Permit Bonds up to $*****50,000.00 Mlacellaneou~ Bonds up to $****'25,000.00 Small BuMne~ Admini~tration Guaranteed Bonds u[ and to bind tho company the~by. This appuln~ is I, tho onder~igl~d so~x~ta~ of Amwost Surety [eaman~ ~ompany, r that this Power of Attorney remaiea in full fore~ and effect and has not ~ revoked and furth~mom foRh on this Power of Attorney, and that the relevant pmvisinm oftbo By-Lawa of the Company, Bond ~o.015005109 sigr~a & ~lnd ~ Karen G. ~ohen, Scorotary This PeA is signed and sealed by tho Board of Directors of Amw~t Surety lmurane~ Company at a m~ting duly RESOLVED, that th~ Prasidont or ' or any Assi~ant S~.~r~tary, may appoint attomoy~-in-fact or agents with __ authority as d~n~ or limited in tbo i for and on behalf of the Company, to oxeauto and deliver and affix tbo seal of ~ Company to bonds, and said offie~m may r~movo any such aRom~y-in-fact or agent and revoke any PeA p [, or su~tyship obligation shall bo valid and bind upon the Company: (i) ~ tho Preal~t or a (ifa seal bo r~lulmi) by any $~-z~ary or Assistant $~erotaty, or (ii) whoa signed by tbo Pr~id~ont or; , or Assistant S~ta~, and couatorsignnd and sealed (ifa saal b~ required) by a duly (iii) wboa dul~/ ~ oen or mom attong~in-fact or agents pursuant to and within the limits of tho authority ovidencnd RESOLVED FURTHER ' anthofiz~ offic~ and th~ ne, al of tho Company may bo affixed by facsimile to any PeA or certification thereof anthori~in~ tho eg~ulion a~ bond, undsrlaking, renognizan~,, or other su~tyship obligations of th~ Company, and sugh signatu~ and ~al wh~ · and off~t as though manually affixed. IN wrYNESS WHEREOF, Amwest Surety Imaranco Company h~ caused thes~ p~ents to bo signed by its proper officers, and its corporate saal to bo hereunto ]elm E. Savage, Pr~ent Kaven G. Cohen, Senr~ary __ Ststo of California County of Lo~ On January 1, 1993 before me, Peggy B. Lofton Notary Public, pe~onally appoarnd ~'ohn E. Savage aRd ~ G. ~ohen, personally known to mo (or proved to -- me on tbo basis of sati~actofy ~vidonco) to bo tho pomon(s) whoso name(s) is/am subsoribod to the within instrument and acknowledgnd to ma all that he/she/they e.x~cut~d tho same in hia/her/their anthotiz~d capacity(las), and that by his/her/their signatoro(s) on the ~ tho p~so~s), or the e~atity upon behalf of_w~?? th~ __ litt%tllllllltlt Vv'I'i~N'ESS ~y, Xhand and official meal. PE~Y .~,.._~v. "4~':~' ~. M~ Cemmlale~ r~,# J % ............ ~lllllllllltt%~,0 R DATE: SEPT]~IBER 19, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1798 - METAL BUILDING RECOMMENDATION: We recommend Item #1 be awarded to the low bidder, Davis & Hawkins, Inc., in the amount of $48,725.00. S~RY: This bid is for all materials and labor necessary in assembly of a 50' x 100' x 12' metal building to be located at the pole yard on Spencer Road. This building will be utilized by the Substation Department as an office and shop area and by the Electric Distribution Department as a training and storage area. Item #2, Storage Building for Landfill, will not be awarded. Submitted bid prices were higher than the amount budgeted. Four bids were received in response to seven Invitations to Bid mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum from Ray Wells PROGRANIS~ DEPARTMENTS OR GROUPS AFFECTED: Electric Substations Department, Electric Distribution Department, Electric Utilities, Electric customers of the City of Denton. FISCAL IMPACT: Budgeted Funds for 1995 Electric Substations Distributing Account # 610-132-1032-3900-9101 and #610-103-1031-3900-9101. Lloyd V. Harrell City Manager Prepared by: Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 6 3 8. AGENDA CITY OF DENTON MUNICIPAL UTILITIES · 901-A TEXAS STREET · DENTON. TEXAS 76201 TO: Tom Shaw, Purchasing Agent FROM: Ray D. Wells, Superintendent of Substations, Metering, and Communications DATE: September 11, 1995 SUBJECT~ Metal Buildings, Bid # 1798 After evaluating the bids for the Electric Utilities Metal Building, we recommend award of Bid #1798 to Davis & Hawkins, Inc. The reasons for recommendation of bid to Davis & Hawkins, Inc. are as follows: The price for Bid #1798, Metal Building is $48,725.00 by Davis & Hawkins, Inc. The bid of the Metal Building from Davis & Hawkins, Inc. is the low bid that meets specifications as requested. I recommend that we award the bid for the Metal Building to Davis & Hawkins, Inc. at the price of $48,725.00. Respondents were as follows: S.W. Industrial Constructors, Inc. $71,500.00 Wayne Allen Constructors Co. Inc. $78,178.00 Davis & Hawkins, Inc. $48,725.00 Ameri Fab $52,387.00 Tim Beaty Builders, Inc. $58,334.50 DS:tn Bid#1798 "Dedicated to Quality Service" CONTRACT AGREEMENT STATE OF TEXAS COUNTY-OF DENTON .THIS AGREEMENT· made and entered into this. 19 day of _~w~w.R A.D., 19 95 , by and between CITY OF DENTON of the County of DENTON and State of~Texas, acting through LLOYD V. m~RR~.T.T. thereunto duly authorized so to do, hereinafter termed "OWNER," and DAVIS &HAWKINS~~ INC. 821 BEACH ST. FT WORTH, TEXAS 76111 of the City of FY WORTH , County of TARRANT 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 # 1798 - METAL BUILDING (ITEM #1) in the amount of $48,725.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agr.eement; and at his (or their) own proper cost ~and expense to furnish all materials, supplies, machinery, equipment, tools, superintendenc~, 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 ascordance with the plans, which includes all maps, plats,~ CA - 1 bl'ueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by all of which are made a part hereof and 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. (SEAL) ATTEST: DAVIS & HAWKINS, INC. CONTRACTOR D~.VI8 & HAWKINS, 821 Beach Street ~r~h, Texas MAILING ADDRESS PHONE NUMBER ~AX' N~BER TITLE ~.~ APPROVED AS TO FORM: (SEAL) AAAO184D Rev. 07/28/94 CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements 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 completed and accepted by the City of Denton, Owner, the minimum insurance coverage as 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 · 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 AFEOOBA 1 REVISED 11)/12/94 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 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 policy and 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 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, 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 under a 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. AFF00nA I REVISED 10/12/94 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the-duration of the Contract, or longer, if so noted: IX] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 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 current edition) is used: · Coverage A shall include premises, operations, products, and 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 contractors 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. AFFOOBA I REVISED I0112/94 Insurance Requirements Page 4 [:X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $S00,000 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. 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 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 in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AFF00BAI REVISED {0/12194 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 claim 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 Ali-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. AFF00BAI REVISED IO/I 2/94 Insurance Requirements Page 6 ATTACHMENT I 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 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, 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 equipment 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. AFFOOBA I REVISED 10112194 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and 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 the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a 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. AI~OOBA 1 I~VISBD 10112/94 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the 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 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) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified 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 AFFOOBAI REVISED 10/12/94 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 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 to 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. AFFOOBA I REVISED 10/12/94 BID NUMBER i798 RID PROPOSALS *'-. ~ Paae ZA o Pumheslng Department Denton, Texas 76201 ITEM DESCRIPTION QUAN. PRICE AMOUN]' 1. METAL BUILDING - 50' x 100' × 12' (*) i EA ~8,725.' 0':"; ' PER ATTACHED SPECIFICATIONS WITH' ADDENDUM # 2 DRAWING CLARIFICATIONS ADD PER ADDENDUM # 1 2. SOLID'WASTE BUILDING - 40' x 60' x 16' (**)- 1 EA I$ 30,711 PER ATTACHED SPECIFICATIONS 2" sand $500 (addnot in specs sawcut concrete ....... 150. add " vapor barr er ......... 200. add ,, markup & bond~ 208. add 1058. total add * TO BE ERECTED AT CITY OF DENTON POLE YARD, 170~ .SPt NCER REA), DENTON, TEXAS 76201 ** TO BE ERECTED AT CITY OF DENTON LANDFILL, 166 FOSTER ROAD, DENTON, TEXAS 76201 NO INTERIOR -FINISH OUT PLEASE NOTE INSURANCE REQUIREMENTS PLEASE USE THIS REVISED BID PROPOSAL FOR SUBMITTING BIDS. TOTALS -$ 79,436.£3 We quote the above f.o.b, delivered to Denton, Texas. Shipment can be made In 7 0 days from receipt of order. Terms nell30 unless otherwise indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas Within reasonable period of time constltues a contract. The completed Bid Proposal must be properly priced, signed and returr~d. 821 Beach St. Davis & HawkJn.q: Tho.. ." Malting Address Bidder .' Fort Wn~ m.. 76111 ~' , Telephone THI~ 0CT-04-'95 WED 16:16 ID:LUCIN WRIBiHTINS TEL N0:817-877-1003 ~171 PO~ 1200 West Freeway ~ 200 ~ ~ O~A~ ~O~ED ~ ~ A Bi~inou~ Casualty - DAVIS & ~INS, IgC B ~ WOrkers Com9 Ins 821 ~CH ST~ET FORT WOR~ TX 7~111 D ~~~ ~E ~'i~uWOE USeD a~ ~ve ~ ~u~ TO ~E N~MO W~ ~ FOrt THe ~, ~H~ANDI~ ~ REQUIfl~E~. ~ OR ~ND~ OF ~ ~T ~ ~ER ~ME~ ~ REIPE~ TO ~1~ TH~ CER~F~TE ~Y ~ I~UED OR ~Y P~A~ ~E ~SU~N~ ~F~DEO ~ ~ ~1~ ~D H~N ~ 8U~EGT TO ~ ~E TE~ ~CLUBION8 ~D COND~ION6 ~ ~UOH ~UC~5~. UH~ ~N ~Y ~ B~N ~O ~,PND ~. ~ ~~ C~2~98968 09/29/95 09/29/96 ~~ ~.000~00~ ~ ~~~ ~'~ .!~000,000 ~ cc~_~ tS00 t 000 ~~~ -~~.~ ,50~ 000 ~ '- ~~ ,5~000 A ~~ ~8~6220 ' 09/29/95 09/2g/96 ~~ X ~~ '" - ~~ ~= ~.~ ,500,0.00 CIT~ OF DENTON IB 5~0~ AS ~ ADDZTAU~$ Z~D ~H DENTON, TX 76201 ~ A~, OCT 4 '95 16:~9 LUCIN ~RIGHTINS PAGE.002 Employers Mutual Casualty Company Bond No. S162318 HOME OFFICE · DES MOINES STANDARD CONTRACT BOND - KNOW ALL MEN BY THESE PRESENTS: That We, Davis & Hawkins, Inc. 821 Beach St., Fort Worth, TX 76111 (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws'of the State of lowa with its principal office in the CITY OF DES MOINES, IOWA, and authorized to transact business in the State of Texas as Surety, are held and firmly bound unto C, it~ of I~nt.~n; TX, 901-B Texas St. reet~ Denton. TX 76201 (hereinafter called "Obligee"), in the penal sum of FORTY EII~HT THOUSAND SEVEN HU~RED ~r. NTY FIVE ~ N0/100 ............................................................................................. DOLLARS ($48,725.00 ................ ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. SEALED,' with our seals and dated this 2nd day of 0ct~ber , A.D., 19 95 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 19th day of September , A.D., 19 95 , providing for the construction or supply of, CONSTRUCTION OF I~-TAL BUILDING AS PER BID #1798. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at lensth herein for the purpose of explaining but not of varying or enlarging the obligation. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect. PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only. WITNESS: nAwq ~ HAt~k'TNq~ TN('; Principal (If Individual or Firm) BY:' ' ' T~acy L EMC Insurance Companies ~0rd NG. S162318 P.O. Box 712 · Des Moines, IA 50303-0712 raEmployers Mutual Casualty Company IZIUnion Insurance Company of Providence STATUATORY PAYMENT BOND PURSUANT TO CHAPTER 2253 GOVERNMENT CODE ENACTED BY THE 73RD TEXAS LEGISLATURE, 1993 (Penalty of this bond must be 100% of Contract Amount) KNOWALL MEN BYTHESE PRESENTS, that P~vis g Hawkins, Inc. (hereinaftercalled the Principal), as principal, and EMPLOYERS MUTUAL CASUALTY COMPANY or UNION INSURANCE COMPANY OF PROVIDENCE a Corporation organized and existing under the laws of the State of Iowa , licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held firmly b~o~u~n~ ~3t~o City o¢ ~nt. on..I~_ (here- inafter called the Obligee), in the amount of ~u,~,~~,~IHUU~U~,~,~LVU~ ~NU~LU Dollars) ($ 48 ~ 725 . 00---. ) for the payment whereof, the said Principal '~ 'S[J;'~y~'Vn'd'~l~rnselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered in a certain contract with the Obligee, dated the 19th day of ~epV~nber ,19 95 ,for CONSTRUCTION OF ME-FAL BUILDING AS PER BID #1798. 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 promptly make payments to all claimants as defined in Chapter 2253 of the Texas Government Code, as amended by the 73rd Legislature 1993, then this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provi- sions, conditions and limitations of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2nd day of October 19 95 · PRINCIPAL: DAVIS & H~KINS, INC. Attorney-In-Fact Form 7026 Rev. 5-95 EMC Insurance:.COmpanies "": ............ No. 214104 P.O. Box 712 .' Des Mol!les, iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation 2. Emcasco Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 3. Union Insurance Company of Providence, a Rhode Island Company 6. American Liberty Insurance Company, an Alabama Corporation hereinafter referred to severally as "Company" and collectively as "C(~mpanies", each does, by the~e presents, make, constitute and appoint: its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute ifs lawful bonds, undedakings, and other obligatory instruments of a similar nature as follows' ANY AI',;D Ar.]-. ::BUILDS and to brad each Company thereby as tully and Io the same extent as if such ~n,~trur~¢nt~ were s~gned by the duly authorized officers of each such Company. and all of the acts of said attorney pursuant to the authonty hereby g~ven are hereby ratified and confirmed. The authority hereby granted shall expire ~ 1. 1996 unless sooner revoked AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the folfoWi~ resolution of the Boards of Directors of each of the Companies at the second regularly scheduled meeting of each company duly called and held in 1990. RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys-in-fact and authorize them fo execute bn behalf o'f each Company and attach the seal of the Company thereto, bonds and undedakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him. Attorneys-in-fact shall have power and authority, subject to the terms and I~mital~ons of the power-of-attorney ~ssued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such *nstrument executed by any such attorney-in-fact shall by fully and in all respects binding upon the Company. Cedfficabon as to the vatid~ty of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects binding upon this company. The facsimile or mechanically reproduced s~gnature of such officer, whether made heretofore or hereafter, wherever appearmg upon a ced~fled copy of any power-of-attorney of the Company. shall be valid and binding u~n !he Oompanylwith the same force and affect as though manually affixed.  heir:officers shown, and the Corporate seals 1o be hereto affixed th~s tN WITNESS WHEREOF, The Companies have caused these presents to be si ch by t as Robb B. Phihp T. Va Ekeren, Secretary Seals el Companies 1,2,3 & 5 of Companies 1,2.3,5; ~t¢~}/~ah~.,~ e // ¢, /}~ Ass' ,ant Secretary of ompan, 4 ....'~0;o.74'... ,'" %% .-'~..', ........ ;'-~'- -""-:" :,g5¢5. SEAL -=~:-iD~:'- 1863 °.~E.i is:. 1953 -:~'z ~,,.,,-,,,,~,~iesga6,-(/ AssistarttSecrefaryOfCompany6 '.. v .......... 0.- .. o ........... 5 .-' ~.%~; ........... '~ On thisl4~hd~y of ' .... ..... AD fg~=,~._ belore ma a Notary Public in '~. ;, .o,sX," % * .'" % "-,,~' .,.' and for"P,~llUOounty, iowa, per'S"'~r'~i'O~a"~'~d Robb B. KeTr'O/, Philip T. Van Ekeren, Bruce G. Kelley, and Donald L Coughennower, who bemg by me duly sworn, did say that they are, · ,' .so,~,,'v % ...~',,~s ,,ao~'....,,'¢u~u,~ ~'... and are known to me to be the Chairman and Assistant Secretary, respectively, of each of The .-'~'%,'.?o,?;~0 -.. -%*' ........... ~' '.- -"O ,, ....... "¢,r,'". Compames above; that the seals afl~xed to th~s ~nstrument are the seals of sa~d corporations; :' .~ --' ~ - t ~ ': _-- ~ .~ *- ' '-_ c :_ _-- _? ? .'~ '. :. ~ :. thai said ~nstrument was signed and sealed on behalf of each of The Companies by authority :.~:. SEAL zS~ :.,I~ SEAL ..:.~:- :.%:. SEAL .-'/~ of their respective Boards of Directors: and that the sald Robb B. Kelley, Ph~hpT. Van Ekeren, ; ;. .-' : :. o '.. ,.- -~ .: g ~;. .-¢~..--' Bruce G. Kelley, and Donald L. Coughennower acknowledge the execution of said instrument ;'%," ............. ,ow~. ,.,-"* '"' ""~'.;;?,,, ........... o~o ~,-' '"" '"',, %~s,%,-h5 .......... .s ..' Io be the voluntary ~ct and deed of each of The Companies. ...................... My Commission Expires August 28. 1995 '"( MENYL KAUZLA,qlCH I Notary Public I'=' I CERTIFICATE I. Dawd L Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of lhe Beards of D~rectors by each el The Companies. and th~s Power of Attorney ~ssued pursuant thereto on ............. ~.~Df.-~ue~--. 14 are true and correc~ and are stdl in ~ull lorce and effect t~oo~ep_, ~ T. ~' ~ ' In Test mony Whereof I have subscribed my name and affixed t~e facsimile seal o'~e'~"c~bHu~'om°~pany th~s2 ~d dayof V~ce-Pres~dent DATE: SEPTI~IBER 19, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for each section: Jagoe Public -- water utilities $542,209.00 Dickerson Construction -- sewer utilities $436,002.00 SUMMARY: This bid is for all labor and materials necessary in replacement of approximately 8,300 ft of 6" and 634 ft of 8" water lines and 3,400 ft of 8" sanitary sewer in the Egan and Panhandle area of Denton. This is an area of aging utilities which are located in the alieys and are virtuaily inaccessible for repairs. This replacement will relocate the water and sewer to the front of the properties. Three bids were received in response to ninety-nine notices to bid mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum to Public Utility Board dated September 11, 1995, Public Utility Board Minutes recommending approval. PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Water and Sewer Departments, Utilities, Water & Sewer Customers of the City of Denton. FISCAL IMPACT: Budgeted CIP Funds for 1995 for Water and Sewer Replacement. ctfully submitted ~doyd V. Harrell / City Manager Prepared by: Name: Denise Harl~ool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 636 .AGENDA September 11, 1995 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES SUBJECT: CONSIDER BID OPENING NO. 1799 FOR CAPITAL IMPROVEMENT PROJECT EGAN/PANHANDLE AREA UTILITY REPLACEMENT RECOMMENDATION: The Utility Staff recommends award of a contract to Jagoe Public Construction Company of Denton for the amount of $542,209.00 for the construction of Egan/Panhandle Water Replacement (Exhibit 1). We also recommend award of a contract to Dickerson Construction Company of Celina for the amount of $436,002.00 for the construction of Egan/Panhandle Sewer Replacement (Exhibit 2). SUMMARY: Bids were opened September 7, 1995, with a total participation of three bidders. Jagoe Public Construction Company of Denton, Texas, is the lowest qualified bidder for the water replacement portion of the project. Jagoe Public's bid is $542,209.00 for 8,340 feet of 6 inch water, 634 feet of 8 inch water, 174 feet of 4 inch water and 13,401 feet of private water service line relocations. Most of the service lines are being moved from the rear alley to the front of the property. The bid for the waterline is $226,791.00 under budget and $2,622.00 under the engineer's estimate. Dickerson Construction Company of Celina, Texas is the lowest qualified bidder for the sewer replacement portion of the project. Dickerson's bid is $436,002.00 for 3,384 feet of 8" sanitary sewer, 979 feet of trenchless rehabilitation, and 662 feet of 12" bore & grout. The bid is $2,002.00 over budget but $36,204.00 under the engineer's e'stimate. Page 2 Egan/Panhandle BACKGROUND: The Egan/Panhandle area is one of the oldest residential areas of Denton and the water and sanitary sewer utilities are showing their age. Currently, all utilities are located in the rear alleys or easements in this region. These alleys are no longer easily/ accessed due to overgrown trees, shrubbery, and undergrowth. Fences, houses, and garages have been erected within the alleys. -In some areas the utility lines can not be accessed at all due to the structures over the line. If there was a water main break in one of these areas repair would be nearly impossible. Therefore, this project will move all water service to the front of the properties allowing for easy access to the water meters and main water line. The relocation of the sanitary sewer main to the front was the next logical move, but after a thorough analysis it was found impossible to do so without the elimination of sewer service to certain homes. The current sewer main is in poor condition and is undersized. City crews have responded to numerous sewer complaints including odor problems, sewage backing up into homes, and sewage running on the ground. The sewer line is also located under various structures. The lines are in such bad condition that the City can not clean and flush them. Utility crews have only been able to camera a small portion due to its condition. Some areas will be replaced using the standard open cut method where feasible and the other areas will be replaced using trenchless technology. The waterline on Panhandle is being replaced due to the number of breaks that have occurred. This project is being done in advance of repaying the street. AGENCIES AFFECTED: The citizens of Denton, Denton Municipal Utilities, Jagoe Public Construction Company, and Dickerson Construction Company. FISCAL IMPACT: A total of $840,000 is budgeted in revenue funds for the Fiscal Year 95 CIP for construction of the water replacement and $476,000 is budgeted in revenue funds for the Fiscal Year 95 CIP for the construction of the sewer replacement. See Exhibit 4 (Fund Analysis) for more detail. Page 3 Egan/Panhandle Respectfully Submitted, R. E. Nelson, Executive Director of Utilities Prepared by: Gerald P. Cosgrove, P.E., Engineering Administrator Approved by: Environmental Operations Exhibit 1: Location Map - Water Exhibit 2: Location Map - Sewer Exhibit 3: Bid Tabulation Exhibit 4: Fund Analysis Exhibit 5: CIP Detail Sheets CARLTON Z - I° ]~ROA~WAY PANHANDLE ~ EGAN EGAN ~ ~NDE~SON W ~ PEARL II EXHIBIT 1 EGAN/PANHANDLE WATER REPLACEMENT I I II CDRDELL CDRDELLI I CRESENT ;RI'SCENT CRESCENT IIL_ CARLTON Z BROADWAY ~ PANHANDLE ~ . ~ARKWAY ANDERSON -n ~ PEARL oC) ~ ~ ~ HAYNES wi ~ ~' GREGG lw. OA~ K-1 I'- I" II xH,.,l EGAN/PANHANDLE SEWER REPLACEMENT SC,~I.~ 1" =600' ~ I°°°°°°°°°°°°°°°°°°°°° oooooooo ~ - Z ~o®oooooooooooooooooo o oooooo~ ~ ~ - _ z o ~ ~ -~ ~ - .. ........ ~~. .~~ EXHIBIT 3 EGAN/PANHANDLE AREA UTILITY REPLACEMENT FUND ANALYSIS WATER DISTRIBUTION (REVENUE) STATUS COST FUND SOURCE 95-0461F05 $470,000 95-0461F06 $370,000 TOTAL FUNDS $840,000 EXPENDITURES Surveying Estimate $18,000 Design Estimate $30,000 Inspection Estimate $23,000 Construction Bid $542,209 TOTAL EXPENDITURES $613,209 IAMOUNT OVER/{UNDER} BUDGET {$226,7911 FUND ANALYSIS SEWER COLLECTION (REVENUE) STATUS COST FUND SOURCE 95-0471F06 $476,000 TOTAL FUNDS $476,000 EXPENDITURES Surveying Estimate $11,000 Design Estimate $19,000 Inspection Estimate $12,000 Construction Bid $436,002 TOTAL EXPENDITURES -- $478,002 ]AMOUNT OVEIUfUNDER) BUDGET $2,002 [ EXHIBIT 4 1995 CAPITAL IMPROVEMENT PROJECT # 95-0461F05 PROJ TITLE: (R)(1994) STREET REPLACE WATER LINES ESTIMATED COST: $470 (x 1000) GROUP ASSIGNMENT: 5 DESCRIPTION: Panhandle-Maloneto Denton 6' 3,340 LF $ 289,000 Egan-Bryan to Alice 6" 1,300 LF $ 181,000 Total $ 470,000 PURPOSE: Replace undersized and deteriorating water lines in order to protect integrity of water system. COST CALCULATION: Design $ 26,000 Construction ~ ~. ~?.,000 Total $ 470,000 FUNDING REQUIREMENTS: ENCUMBERANCESlCASH EXPENDITURES (In DOllars x 1000) First Qtr. Second Qtr. Third Qtr. Fourth Qtr. ENC EXP ENC EXP ENC EXP ENC EXP 1995 0 0 ~.~?. 148 0 148 0 148 1996 0 0 0 0 0 0 0 0 1997 0 0 0 0 0 0 0 0 ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST YR $0 TOTAL2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 $'~.~.~ $0 $0 $~.4~ $0 $~.'!.~. $0 $0 $~.~4 ENCUMBERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT # Surveying 03/94 $ 9 Engineering Design 04194 $17 Inspection 04195 $13 Construction 04195 $431 ENCUMBERANCE TOTAL $470 COMMENTS: This is a multiyear project beginning in 1994. Encumberances Prior to 1995. $ 26,000 Current CIP ~ ~?.~,000 Total Project Budget $47o,O :XHiBiT 3/23194 16:51 pg 5 1.995 CAPITAL IMPROVEMENT PROJECT # 95-0461F06 PROJ TITLE: (R)(1994) REPLACE WATER LINES ESTIMATED COST: $370 (x 1000) GROUP ASSIGNMENT: 5 DESCRIPTION: Egan-Malone to Bryan relocate services $ 12,000 Congress-Malone to Bryan, 6' 2,030 LF $ 177,000 Alice to Ponder LovelI-Scripture to Egan 6'' 710 LF $ 55,000 Bryan-Scripture to 100' N. of Linden 6" 1,960 LF $ 126,000 Total 4,700 $ 370,000 PURPOSE: Replace undersized and deteriorating water lines in order to protect integrity of water system. COST CALCULATION: Design $ 22,000 Construction $ 348,000 Total $ 370,000 FUNDING REQUIREMENTS: ENCUMBERANCESICASH EXPENDITURES (In Dollars x 1000) First Qtr. Second Qtr. Third Qtr. Fourth Qtr. ENC EXP ENC EXP ENC EXP ENC EXP 1995 0 0 348 116 0 116 0 116 1996 0 0 0 0 0 0 0 0 1997 0 0 0 0 0 0 0 0 ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST YR $0 $348 $0 $0 $348 $0 $348 $0 $0 $348 TOTAL2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 $348 $0 $0 $348 $0 $348 $0 $0 $348 ENCUMBERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT # Surveying 03194 $ 9 Engineering Design 04194 $13 Inspection 04195 $10 Construction 04/95 $338 ENCUMBERANCE TOTAL $370 COMMENTS: This is a multiyear project beginning in 1994. Encumberances Prior to 1995. $ 22,000 Current ClP $348,000 Total Project Budget $370,000 3/23194 16:57 Pg 1995 CAPITAL IMPROVEMENT PROJECT Cf 95-0471F06 PROJ TITLE: (R) 1994 REPLACE SEWER LINES ESTIMATED COST: $476 (x 1000) GROUP ASSIGNMENT: 5 DESCRIPTION: Replace deteriorating sewer lines, relocate sewer service and increase size where necessary to accommodate load, Easement between Panhandle & Egan from Bryan to Denton 618 &818" 2,590 LF $240,000; Easement between Egan & Congress from Ponder to Alice 8/8' 1,320 LF $120,000: Alice, from easement between.Egan & Congress to Easement between Panhandle & Egan 818 Lovell, from Egan to 100' north of Scripture 618' 540 LF $ 57,000 Congress, from Malone to 80' west-'of Lovell 618 TOTAL 5,085 LF $476,000 PURPOSE: Reduce maintenance costs and improve system integrity. A portion of the existing line runs under houses. CALCULATION: 1994Design =$30,000 1995Construction = $446,000 FUNDING REQUIREMENTS: ENCUMBERANCESICASH EXPENDITURES (In Dollars x 1000) First Qtr. Second Qtr. Third Qtr. Fourth Qtr. ENC EXP ENC EXP ENC EXP ENC EXP 1995 0 0 446 148 0 149 0 149 1996 o o 0 o o o o 0 1997 o o o o o 0 o o ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1 ST YR $0 $446 $0 $0 $446 $0 ?.~.S $0 $0 $446 TOTAL2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL3RDYR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 $446 $0 $0 $446 $0 $4~6 $0 $0 $446 ENCUMBERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT # Land Purchase $0 Surveying 03/94 $11 8563 Engineering Design 03/94 $19 8560 Inspection 02/95 $12 8562 ' Construction 02/95 $434 9114 & 9138 ENCUMBERANCE TOTAL $476 COMMENTS: This is a multiyear project beginning in 1994. Encumberances pdor to 1995 $ 30,000 Current ClP $446,000 Total Project Budget $476.000 3/18~94 9:23 Pg PUB EXCERPT September 11, 1995 6. CONSIDER APPROVAL OF BID #1799 FOR EGAN AND PANHANDLE WATER AND SEWERLINE RENOVATION Following extensive discussion and summary/background information provided by Howard Martin. Thompson made a motion to approve the bid as presented. Norton seconded the motion. All ayes, no nays, motion passed unanimously. CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 19 day of SEP~a~BER A.D., 19 95 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD UA mU~LL thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC P.O. BOX 250 3020 FT WORTH DR. DENTON, TEXAS 76202 of the City of DENTON , County of DENTON and State of ~XAS , 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, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1799 - EGAN/PANq{AN-DLE AREA UTILITY REPLACEMEN~ (I~R.M ~1) in the amount of $542,209.00 and all extra work in connection therewith, under the terms as stateA 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 explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERINGANDTR&NSPORTA?iON 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 an'~ 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 ~eason of injury to property or third persons occasioned by any error,, omission or negligent act of Contractor, its officers, agents, emPlg~ees, 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: ATTEST: -~- · , . , (L~' JAGOE PUBLIC .~ t_~ -~~ C~_.~ CONTRACTOR JAGOE-PUBLIC COMPANY P.O. BOX 250 DENTON. TX 76202 MAILING ADDRESS PHONE NUMBER PRINTRD APPROVED AS TO FORM: (SEAL) City Attorney AAAO184D Rev. 07/28/94 CA - 3 PERI ORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC , of the City of DENTON County of DENTON and State of , as PRINCIPAL, and SEABOARD SURETY COMPANY ., as SURETY, authorized under the laws of the State of Texas to act as -~urety on bonds for principals, are held and firmly bound unto the THE CItY OF DENTON as OWNER, in the penal s~m of FIVE HUNDRED FORTY TWO T~O[]SAN]3 TWO NINE and no/100 ....... Dollars ($ 542~209.00 ) 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 19 day of SRPTE,~.R , 19 95 , for the construction of BID # 1799 - EGAN/P~LE Ai{EA UTILITY REPLACEB{ENT (TTEM #1) 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 WHEREOF, the said Principal and Surety have signed and sealed this instr~]ment this 5th day of October 19 95 ' . ¢ /0-,~0~ - ~ ~...c.A~, ~ ' Seaboard Surety Company Surety Q Princi~/1 - Rosemarylweaver Address: JAGOF-Pl I~1 IC ha~Am~lv Address: Burnt Mills Road a Route 206 .... _P.O. 80× 250 Bedminster, New Jersey 07921 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: . Willis Corroon Corporation of Texas 133~ Noel Road, Suite ~00, Dallas, Texas 752~0-6612 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev; 07/28/94 PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC of the City of DRN~N County of DENTON , and the State of as principal, and SEABOARD SURETY COMPANY authorized under th'~ laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto .. THE CITY OF DENTON , OWNER, in the penal sum of and no/100 .... FIVE MUNDRED FORTY TWO ~OUSAN~ TWO ~RED NINE Dollars ($ 4_~) 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 19 day of 19 95 BID # 1799 - EGAN_~PANHANDLE AREA UTILITY REPLACEMENT_~~ 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 perfo~ed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of October 19 95.  yincipa 1 ~ Surety Rosemar~ Weaver Title /'- ~- H'F~-~a--- Title Attorney-in-Fact Address: Address: Burnt Mills Road & Route 206 JAGOE-PUBLIC n ^COMPANY Bedminster, New Jersey 07921 DENTON'7 7k'"' 202 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas 13355 Noel Road, Suite 400, Dallas, Texas 75240-6612 AAAO184D Rev. 07/28/94 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC 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 Sl~m of FIF~"f FOUR THOUSAND TWO HUNDRED TWEIFI"f and 90/100--- Dollars ($ 54,220.90 ), ten (10%) percent of th~ 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 JAC~E PUBLIC has this day entered into a written contract with the said City of Denton to build and construct BID ~1799 - EGAN/PANHANDLEAREA UTILITY REPLACF/~ENT ~ITEM ~] ) 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 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 agains~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 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 WHEREOF, the said Jagoe-Public Compan~ as Contractor and Principal, has caused these presents to be executed by Bill Cheek and the said Seaboard Suret~ 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 5th day of October 19 95 SEABOARD SURETY COMPANY Rosemar~ Weaver .JAGOE-PUBLIQCOMPANY Attorney-in-Fact P.O. BOX 250 DSNTON, IX 78202 A~0184D Rev. 07/28/94 MB - 2 2B- 2948 KNOW ALL MEN BY THEOEPRESENTS: ,hat $-E~_S~*~M¢ANy, a corporationof the State of New Ye*. has made, constitut~ and ap~int~ a~d by th~p~6~~ colOrCote and appoint J~ R. S~n or ~s~ ~v~ or L. ~Y Pit~;; Jr~~ly ~yeS ,t j u ,awf At}op?in:9=t. Such insurance policies, surety bonds, underta_kings~r~struments:for Saidpurposes, when duly executed by'the aforesaid Attorney-in-Fact, shatlbe binding uP~. n ~the Said Gbmpar~y as fu}ly ah-d t!oth~-sameextent ~f Sign~ by-~e d~ly authoriz~ officers of the Company end sealed ~i~ ~6~ateX~ai;X~d e~ theabts:~ ~i~Attom~y. in;F~t~ pumuant:t0 the author~ This appointment i~ made~dmua-t;tb ~f~Wi6g B~CLa~ wh;ch w~e ~ul~doPt~d ~y t~eB~dof Dir~tor~ or the Core.ny on De,emir 8tbj~, ~i~ Ameh~e~t~and-~ndudiqg~ua~ 15~:a~d are~fit! in fu" force:~d eff~t writings relating in ~y way ~he~e~ or t~ ~la~dr)~~h~l~ ~0~~-and2~f O~h~0~a~ ~ : 2 ~ecre~a~ or a ~es~a~-asst~am-~e*a~; 9~ {~)-~Y ~Att~[ge~a'q~he ~0 m~a~p~iB ~ ~ ~thoriz~6y ~he'Ch~m~ ~i the Board, ~e Presid~t or a Vic~Pr~ident ~ m~k~s~h ~nst~ o~c) b~u~h~e~ff~ets O~mp:re~m~Lve~'~ th~-B~ard~a~ fr~ime t0 time de~r~i~. T~ ~at 0~ the ~omp~ny shall ~{ ~PP~d~Ha~ ~ ~ ~e~y ~e~. A~ ~i~:Fac~or mpr~{~ ~ IN WITNESS WHEREOF, S~ABOARD~U~ ~Pre. ntS~b ~ sign~:b~ 0neof its vJc~ Pr~identsL and i~'COrpo~atesea[;t0 ~ ~e~ed~to ~ffiXed'~dt~ at{e~ b~ ~t~it~A~iSt~S~etaries thi~ ~.~ day of _~.~..~,~-.__~ ........... /.~.:.~;_.; ~9_~: ~;; :~;~: ~ :~:~ :~ ~ ~ ~:~;: ~ ~ ? ~/ ~ ~  Attest: _ S~BmRDSURE~Ye0MPANY ~ATE OF N~ JERSEY ss.: ~ COU~ OF ~ERSET On this ....... ~ .............. day of .......... ~ ........................ ~ ................... ~ .................. 19~_~ ......~fore me Personally ap~ar~ ..................... ~--~--~ ......... ~--~ ....... ~ ............... ~--: ....................... a ViC~President of S~BOARD SURETY COMPANY, with whom I am ~monally ac~Uaint~d~ who, ~ing by m6 duly sworn, Said that he resides in th6:~a~ ef ;~_~ ...... ; that he is a Vice-Pr~ident of SEABOARD SURET~ COMPANY, t~e~cO[p~rafi0~ ~e~n and~hiCh ex~dted:th~:f~r~oing instrument; that he knoWsthe botp0tete seal of~esaid Go~that the~s~fixedto~aid instrument i~sdCh corporate seal; that it was ~ affix~ by 0~er~of the B~rd of D~t~of~id~o~pan~a~that ~lgned his n~me~eret0a~Vice.~ident 0f said C~pany 5y like authority, ~ :~ ~[~&~ ~ :~ ? ~ ;~; ~ :~ I~%.~ I~l - ~ :- ::: - :~;: ~ . : ................ r----~ ......................... ~'"'~ ublc I' the~ed Assistant Secrela~ ~ SEABOARD SUR~0~ANY d~;~*~ ¢e~if~;t~t ~9 origi~a ~we* Of~orney of which the for~qing is a full, true a nd co rr~t ~py, is in full rome and effect o~ th~date 0f:t~i{ ~e~if~e a~l~;fu~he~ ~{fy~hat th~ Vic~Pr~dept Who ex~ut~ the~id Power of Afforney was one o~ the Officers auth0~ ~y the ~oard 0f D~r~t~m t~ep~f~t ~ettorney~in~fact~ pro~id~ ~n A~iCI& VX; ~ti~ 1 0f t~e B~LaWS of This ce.lficat~ may b~ ~ig.~ ~d ~e~ by ~ecsi~ile und~ and b~au{~ority:of~e:}e~ ~Wing resolu{{oa of ~e:~ufi~e Commltt~0~:i~e ~rd of "RESQLVED: (2) T~a[the ~of:~P~[hte~ ~csim~e of ~hec~r~e~e ~et oft~ Ce~8n~;~of tbe;~ig~f an A~is~nt S~r~a~ ~ any ce~ification 9f the eo~rectnes~0f acWy e~ ~i~um~:e~ut~y · ~- Pr~n t~or ~-~i~eside~p~mu~ Rt to ~c~e VII;;Se~i0~ CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements 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 completed and accepted by the City of Denton, Owner, the minimum insurance coverage as 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 AAAO0350 R£VISED 10112/94 Gl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration 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 policy and 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 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, 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 under a 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. AAA00350 REVISED 10/12/'~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 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 combined single limits of not less than $1o000,000 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 current edition) is used: · Coverage A shall include premises, operations, products, and 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 contractors 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 REVISED 10/12/94 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.t~his 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 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 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 in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AAA00350 REVISED ~0/~2/9. CI - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is 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 claim 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 Ali-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. A,~4~30350 REVISED 10/12/94 CI - 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 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, 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 equipment 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 ~ws~ ~o/~/~ CI - 6 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governme~.tal 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 the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of Coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a 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. Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the 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 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) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified 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 AA,~OO350 REV,SEO ~0~2~4 CI - 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 providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees 0~f 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 repotting 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 e~ti~les the governmental entity to declare the contract void if the contract0'r.~ does not remedy the breach within ten days after receipt of notice of t~reach from the governmental entity. AAA00350 "EV'SED ~on2/~4 CI - 9 WORK DAYS BID NO. Eqan/Panh~ndle Area Water Line ReDlacement PO NO. BID TABULATION SHEET ITEM I DESCRIPTION QUANTITY UNIT UNIT PRICE I TOTAL 2.12-A I 6" Water Line 8,340 Unit Price in Words: ~ 2.12-B 8" Water Line Unit Price in Words: 2-12-C I 4" Water Line Unit Price in Words: ~ 6.4-A I 10" Bore & Pressure Grout 35 Unit Price in Words: ~~~ ~L~J/~ ~~-- -- 2.16-B 3/4" Water Service 13,401 LF $ lO (Private) Unit Price mn Words: ~ ~ ~.~ 2.16-C 2" Water Service (Public) 2 EA $ Unit Price in Words: ~ 2.14 Fire Hydrant 14 [EA $ /~/EA I $~3,~.~ Unit Price in Words: ~~~ SP-44 I Remove Fire Hydrant Unit Price in Words: ~ ~ SP-40A I Cut & Plug Water Line Unit Price in Words: ~ ~ 2.13.1-B 8" Valve 1 EA Unit Prlce la Words: J~,~ ~ P - 3 WO~DAYS . 80 BID NO. 1799 Eqan/Panhandle Area Water Line Replacement PO NO. 2 BID TABU~TION SHEET 3-B ] Remove Concrete Curb &Gutter Unit Price in Words: 3-A I Remove Concrete Pavement Unit Price in Words: ~ ~~ ~_~j 8'2TA I ~ncrete Curb & Gutter Unit Price in Words: 5'8-A I 6" C°ncrete Pavement Unit Price in Words: SP-2 Concrete Saw Cut 28 LF $ ~m~ /LF $ /~ Unit Price in Words~ Unit Price in Words: 1.21 UnderstandingsC°ntract°rs Warranties & Unit Price in Words: 8.1 andBarricades'Detours Warning Signs -- LS $~o~/LS $ Unit Price in Words: 3'1 I Preparati°n of -- ILS $ /~/LS Right-of-Way $ /~ P - 4 WORK DAYS 80 BID NO. ]Tqq Eqan/Panhandle Area Water Line Replacement PO NO. 3 BID TABULATION SHEET Unit Price in Words: Unit Price in Words: 3.12 I Temporary Erosion Control Unit Price in Words: SP-46 Misc. Sprinkler System Adjustments Unit Price in Words: 2.12.8 Ductile Iron Fittings Unit Price in Words: Total Price in Words: P - 5 WORK DAYS 50 BID NO. ] 7gQ Eqan/Panhandle Area Sanitary Sewer Replacement PO NO. 4 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE J TOTAL 2.12-C 8" Sanitary Sewer 3,384 LF $ Unit Price in Words: ~ /~ 2.12-D 6" Sanitary Sewer Unit Price in Words: ~ Sp-45 Trenchless Rehabilitation 979 J LF J $ ,~.oo/LF J $~7q~,g~9 Unit Price la Words: ~ ~ 6.4-B J 12" Bore & Pressure Grout 662 J LF I $ /~d~)/LF $9~.~O,~O Unit Prlce la Words: SP-43 J Asphalt Saw Cut 2,298 LF $ J. oo/LF $~ Z ~.~ Unit Price in Words: ~ ~ WS-17 J Sewer Service 96 EA $ Unit Price in Words: ~ SP-40.B Cut & Plug Sanitary Sewer 13 EA $ Unit Price in Words: 7.6-A 4' Diameter Manhole 15 EA $ SP-41 Remove Manhole 1 EA $ ~d~'6~EA Unit Price in Words: J~ ~ 7.6-B Rebuild Manhole 3 EA $ /~.~A Unit Price ~n Words: ~t~~~ ~~.~ 3-B I Remove Curb & Gutter 48 LF $ ~d).~(~LF $ Unit Price in Words: ~ ~ ? - 6 WORK DAYS 50 BID NO. _ 1799 Eqan/~anhandle Area Sanitary Sewer Replacement PO NO. 5 BID TABULATION SHEET Unit Price in Words: 8'2-A I C°ncrete Curb & Gutter 36 ] LF $ /O.oo/LF $ ~.~ Unit Price in Words~ Unit Price in Words: 8.3-A I 4" Concrete Sidewalk 19 SP-2 Concrete Saw Cut LF $ 3'10'3 I Seeding 3,104 I SY $ a.~/SY $~. Unit Price in Words: SP-39 Project Signs 1.21 Contractors Warranties, -- LS $~ll.~S and Understandings Unit Price in Words: 8.1 IBarricades'and Detours Warning Signs ~ -- LS Unit Price in Words: P - 7 WORK DAYS BID NO. Egan/Panhandle Area Sanitary Sewer Replacement PO NO. BID TABULATION SHEET RiGht-of-Way Unit Price in Words: 3.12 I Temporary Erosion Control Unit Price in Words: SP-8 I Abandon Manhole Unit Price in Words: SP-46 I Misc. Sprinkler System __ ILS I $ /O~>~).~S $ /~o~ Ad j u stment s Unit Price in Words: ~-~~~, SP-4 Lower Water Lines 2 Unit Price in Words: Total Price in Words: ALTERNATE BID 2'12-0 I 8" sanitary Sewer 3,662 I LF $ ~0~O/LF I $/~/~¢ Unit Price in Words: Unit Price in Words: Total Price in Words: P - 8 BID SUMMARY TOTAL BID PRICE IN WORDS 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 the 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 certifies that the bid 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 this proposal, shall control over extensions. S~)~ Address City and State Seal & Authorization (If a Corporation) ~- Telephone B - 1 BID SUMMARY DES~'~P. IPT'tON WORK DAYH BID pRTCB Water Line Relocations 80 $ Sanitary Sewer Relocations 50 $ TO' AL Alternate Sanitary Sewer No change in days $ The water and sewer portions of this project are being separated for bookkeeping purposes only. Award of the bid will be based on the total bid. One hundred and thirty (130) work days will be allotted for the total project and will not be kept separately for each portion. B - 2 OCT.-19~ 9S(THIJ) 08:$0 RAMEY & KING TEL:I 817 243 tOSO P. 001 ~ ~ ~ ~g~ AS A ~R ~ ~ON O~Y ~ ~ NO fl~ U~N ~E CE~A~ HO~E~ ~1~ ~CA~ ~MPANI~S A~RDING 5111 ~ PO9.~ ~ D ~ E '"'~"~ ~ ~ ; ~, ~ A ~ ~ YS~U~ 1~ 1~ ~ ~ ;; ~ ~ ~ ~_.__~ ...................... ~~'~ ADDm~ ~D: ~ ~ ~ON OCT 19 '95 0B:54 I 8~? 24~ ~050 PRGE, 001 '- CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 19 day of SEI-t'~4BER A.D., 19 95, by and between _ CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V..~;f~RRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and DICrd~RSON CONSTRUCTION BOX 181 CRT.INA, TEXAS 75009 of the City of CELINA ., County of COLLTN 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 tko bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1799 - EGAN/PA~A~LE AREA U?TT.TTY REPT.ACR~NT (ITEM #2) in the amount of ~436,002.00 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, 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, CiTY OF · .blueprints, and'~th~ drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING ANDTRANSPORTATiON 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 an~ other City employee benefit. City shall not have supervision and control of Contractor or .~ny 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 ~eason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, emp~t~Yees, 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 Venua 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 ATTEST: · ~z~-- ----'--- DICKERSON CONSTRUCTION CONTRACTOR MAILING ADDRESS PHONE NUMBER FAX NUMBER TITLE PRINTED NAME ~PROVED ~._S_._T~O___~~ (SM) AAAO184D Rev. 07/28/94 CA - 3 IHPORTANT NOTICE TO OBT~T~ INFORHATION OR MA~t~ A CO~iPr.~TNT; YOU MAY CONTACT T~E T~IAS D~~ OF ~~CE TO OB~ ~FO~ION 0N CO~I~; CO~GES, ~G~S OR C0~S AT: 1-800-252-3439 YOU ~Y ~TE ~ T~ D~~ OF ~SU~CE: P.O. BOX 149104 AUST~, T~S 787!4-9104 F~ ~ (512) 475-1771 p.~EN[IUM OR CLAIM DISPUTES: S~oLrr,r~ YOU kIA~-E A .DISPUTE CONCEP/9-/NG YO~ P~ OR ~o~ A ~,A~ YOU S~O~ CO~A~ ~ AG~ 0R CO~ ~- IF ~ DISP~E 'iS NOT ~SOL~D, YOU ~Y CO~ ~ T~ D~~ 0F ~S~CE. ATTACH T~S NOTICE T0 YO~ POLICY. NOTICE IS FOR I~O~ON O~Y ~ DOES NOT BECO~ A P~T OR CO~ITION OF ~ A~AC~D DO~- PERFORMANCE BOND STATE OF TEXAS S Bond No. 200517 COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That DIc~RSON CONSTRUCTION COMPANY, INC. , of the City of CEL/NA County of COT.nlN , and State of ~.~a.~ as PRINCIPAL, and ~A~TFORD CASUALTY INSURANCE COMPANY , as SURETY, authorized under the laws of the State of Texas to act as Surety on bonds for principals, are .4° held and firmly bound unto the THE CITY OF D~m~N as OWNER, in the penal s~m of FOUR Lq]NDRED 'I'~Tl~']'¥ .qT~Z 'PR'Cff['qANr~ no/100--- Dollars ($ 436.002.OO ) 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 19 day of SEP'r~m~BER , 19 95 , for the construction of BID ~1799 - EGAN/PANHANDLE ARRA UTILTTY REPLACEMENT (I'l'~ #2) 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 F~TH~, 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 a~ees that no change, extension of time, alteration or addition to the te~s of the contract, or to the work perfo~ed there~der, 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, e~ension of time, alteration or addition to the tens of the contract, or to the work to be perfo~ed there~der. IN WITNESS WH~EOF, the said Principal and Surety have signed and sealed this instr~ent this 19~ day of SEPTEMBER 19. 95 ' .4. DICKERSON CONSTRU~ION CO~Y INC. HARTEO~ ~SU~TY INSURANCE CO~A~ Principal Surety By._~~ ..By: EDWARD L. M~ Title.. ~ ~ Title ATTO~NE¥-~N-FA~ Address: P.O. Box 181 Address: P.O. BOX 4611 CELINA, TEXAR 75009 HOUSTON, TEXAS 77210-4611 214/382-2123 713/540-1555 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: EI..qE~ & ASSOCrA~ES SURETY/INSURANCE AC~kNC¥. INC. . 8820 WILL CLAYTON PK~.~ ~{~MR~.E, TEXAn 77338 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB - 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S Bond No. 200517 KNOW ALL MEN BY THESE PRESENTS: That DI~RSON CONSTRUCTION COMPANY, INC. of the City of CELINA County of COLLIN , and the State of TEXAS as principal, and ~ARTFORD CASUALTY INSURANCE COMPANY authorized under th'~ laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITM OF DENTON , OWNER, in the penal sum of .~FOUR HUNDRED THIRTY SIX THOUSAND TWO an~ no/100-- Dollars 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 19 day of SEPTEMBER 19 95 BID #1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT 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 copLed 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 19T~ day Of SEPTEMBER 19.. 95 DICKERSON CONSTRUCTION COMPANY, INC. ~%RTFORD CASUALTY INSURANCE COMPANY Principal Surety By _ BY: EDWARD L MOORE . Title ~J. Title ATTORNEY-IN-FACT Address: P.O. BOX 181 Address: P.O. BOX 4611 CELINA, TEXAS 75009 HOUSTON, TEXAS 77210-4611 214/382-2123 713/540--1555 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: RT. RE¥ & ASSOCIATES SURETY/INSURANCE ~RNCy, INC. 8820 W-/~.L CLAYTON PKWY., ~uMBLE, TEXAS 77338 AAA0184D Rev. 07/28/94 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS S Bond No. 200517 COUNTY OF DENTON S KNOW AT.T. MEN BY THESE PRESENTS: That DICKT~qnN ~n~T~ COMPANY, INC. as Principal, and ~ARTFO~D CASUALTY INSURANCE 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 s~m of FORTY THREE THQU~AND SIX HUNDRED and 20/100--- Dollars ($ 20 ), 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: WHERe. AS, said DIu~RSON CONSTRUCTION ~O~PANY, INC. has this day entered into a written contract with the said City of Denton to build and construct BID #1799- EC4kN/P~LE ARRA UTILITY REPLACEMENT (ITEM #2) 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; W~EREAS, 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 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 o~ 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 agains~ 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 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 WHEREOF, the said DICKERSON CONSTRUCTION COMPANY, /NC. as Contractor and Principal, has caused these presents to be executed by and the said ~ARTFORD CASUALTY INSURANCE COMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact ED~mRDL. MOO~E and the said Attorney-in-Fact has hereunto set his hand this 19TH day of SEP'£~4BER , 19 95 SURETY: PRINCIPAL: ~%R'ImFOI~/) CASUALTY INSURANCE COMPANY DICKERSON CONSTRUCTION COMPANY, INC. EDWARD L. MOORE 7~ ~, Attorney-in-Fact (TITLEi" AAA0184D Rev. 07/28/94 MB - 2 HARTFORD CASUALTY INSURANCE COMPANY EXECUTIVE OFFICE; Hartford, Connecticut POWER OF AI'rORNEY Know all man by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY, corporation duly organized under the laws of the State of Indiana, and having its Executive Office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint I~.O~ALD E, ELSEY~ BRUCE Co DeHAR~ ~D[./AI~.D L, ~OORE~ P~C~IA M, CA~.~R a~d · ROSALYN D. 7~L~SSELL of k~UMBLE~ TEXAS its true and lawful Attomey(s)-in-Fect, with full power end authority to each of said Attomay(s)-in-Fect, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the padormance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permit~d in all a~ons or prcceedings or by law allowed. -------~:~rrr--=--~'~ - ........................... :----~ ................... ' ..... and to bind the THE HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such bends and undertakings and other wdtings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and ~onflrms all that its sa~d Attorney(a)-in-Fect may do in pursuance hereof. This power of attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of~tbe HARTFORD CASUALTY INSURANCE COMPANY et a meeting duly called and held on the 15th day of June, 1988. ~ 0mZ ~ ~x~ attasli~g bands anal undertakings and 0thor w~ obhgator/ in the n&tu~e ther~K~f, o~e or more Reagent ~;.--~.~.~e~t~ ~A~eiit~ re~ ~t~aspoand~~,~oa~. ~ime to remove any sucfl Rasidant Vt~e-Pras~lent, Rem.! As~atan · ~Fac=t aholl have flower a~l .auther~e/. '.., _s_ub~Rct to the lem-,s and lirnho~ions of tho pqwer of attorney iasueS to them, to exe=Jte and deliver RE~Ot.VED. ~ R~n N. H. Se~'. ~iatant ~¢e-Pre~ant, shaJl hove, as long as ho hold~ sud~ c~e. the same ~re as any R~ _F.~S~L_ ~V~.D. ~ who~e~ the ;remdent er any ~r.:~ere~m, aFlng with any Sec~eta~'.er As~stam Secret3,, has me ;~wer a~d au~'-~dty to ~/· [~ m .~_~_, ~1~ ~.,,~o=n~y~ o~ exac~.ang and attesling .17~3_~ an~ unden~, anc other writings obligatory ,n the nature thereof, ~_g~. ~,_ .a.~ _ _~.._ .S~ _ ..._~_..?= __.al~ey~_ ~r ~?s~as. ~. I~an~g s~th fansi[n, ile .~g~..atoras er fae~m~le seal ~11 ~e valid ~11~nding with ~R_ _ _E~L_ _VE~D. Ihat. ~ N. H: .S~.. r, _A._~..~St~l.. t ~nt, may, as long as he holds such office, affix his signa~m by fas~imile pul'~,uant to and me asme enect as ma[ gmntas to v~ce-~ts umler the preceding Resolution. In Witneee Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be signed by its Assistant Vise-President, and its corporate seal to be hereto affixed, duly attested by its SecratmT, this 1st day of August, 1990. HARTFORD CASUALTY INSURANCE COMPANY Attest: STATE OF CONNECTIC '"..':~? . ~.',,,:~..'"' Roi=eft N. H. Saner COUNTY OF HARTFORD On this [ar. day of August, A.D. 1990, before me personally came Robert N. H. Boner, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, Sate of Connecticut; that he is the Assistant Vice- President of the HARTFORD CASUALTY INSURANCE COMPANY, the corporation described in and which exanuted the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order, COUNTY OF HARTFORD Noteq/~ubli~ CERTIFICATE I, the undersigned, Assistant Secretary of the HARTFORD CASUALTY INSURANCE COMPANY, an Indiana Corporation, DO HEREBY CERTIFY that the foregoing and~;~qh, ed POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutionsp~ the~tJ~.~r~ of Directors, set forth in the Power of Attorney are now Signed and sealed at the City of He.ford. .~to~ the '1 ~.~Rr day of ~]~'~]~[B]BE. :19 95 Fotrn S-35{)7-6 (HO) Printed in U.S.A. ~ -_'":~3.~ - .~'~.~E . CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements 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 completed and accepted by the City of Denton, Owner, the minimum insurance coverage as 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 AAA00350 ~v,s~D ,o/,~/~ 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 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 policy and 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 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, 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 under a 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. ~-v~sEo ~o~ C! - 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 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 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 current edition) is used: · Coverage A shall include premises, operations, products, and 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 contractors 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. AAAOO350 REVISED 1OI12/94 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-t~his 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 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TVVCC). [ ] 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 ~WSEO ~On 2/94 (JI - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is 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 claim 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 Ali-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 m~V~SED ~on2~4 CI - 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 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, 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 equipment 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. AAAO0350 .~ws~o ~o/~2/~ CI - 6 Insursnce Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governme~.tal 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 the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of Coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a 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. AAAO0360 R~v~sEo ~o/~2~o4 CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the 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 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) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified 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 AAA~0360 REVISED 10/12/94 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 providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees o~f the contractor who will provide services on the project will be covered by workers' compensation coverage fo[ 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 e~titles the governmental entity to declare the contract void if the contra(~l~b~tidoes not remedy the breach within ten days after receipt of notice of I~reach from the governmental entity. AAAO0350 .~v~sEo ~o/~2/~ CI - 9 WORK DAYS 80 BID NO. 1 Egan/Panhandle Area Water Line Replacement PO NO. 1 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY J UNIT UNIT PRICE I TOTAL 2.12-A 6" Water Line 8,340 I LF $~1.1¢~ /LF I $ 26, 4:~ 795.7. Unit Price in Words: 2.12-BUnit8" Water Lineprice in Words: 634 I LF $~.~ /LF I $23,45~.~AI 2'12-C I 4" Water Line Unit Price in Words: 6.4-A [ 10" Bore & Pressure Grout 35 J LF I $ /LF $ IO0, - ~. ~o~. - Unit Price in Words: 2.16-A 3/4" Water ServiCe(public) 139 J EA I $ '~'~,o,"~ /EA I $ Unit Price in Words: (Private) ~- % ~ I .ol ,2 o~9. '~,. Unit Price ~n Words: 2.16-C 2" Water Service (Public) 2 EA $ 1~o~.7~ ~.~.~ Unit Price ~n Words: 2.14 I Fire Hydrant 14 EA $ Unit Price ~n Words: SP-44 Remove Fire Hydrant 7 EA $ /EA I $ Unit Price in Words: SP-40A I Cut & Plug Water Line 18 I EA $ /EA I $ Unit Price ~n Words: 2.13.1-A 6" Valve 23 EA $ Unit Price in Words: 2.13.1-B 8" Valve 1 EA $ Unit Price ~n Words: P 3 WO~ DAYS 80 BID NO. 1799 Eqan/Panhandle Area Water Line Replacement ~NO. 2 BID TABU~TION SHEET ~utter ~0. Unit Price in Words: 3-A I Remove Concrete Pavement 6 Unit Price in Words: 8.2-A Concrete Curb & Gutter 50 LF $ Unit Price in Words: Unit Price in Words: Unit Price in Words= 3.9 Sod 440 SY I $ ~ /SY I $ I Unit Price in Words: SP-42 Remove Valve Stacks 21 lEA $ /EA I$ Unit Price in Words= Unit Price in Words: Understandings I0.~ Unit Price in Words= and Detours Unit Price in Words: 3-1 J Preparation of Unit Price in Words: P - 4 · ~ WORK DAYS 80 BID NO. Eqan/Panhandle Area Water Line ReDlacement PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE I TOTAL SP-10 Rock Excavation 50 CY $ /CY I $ Unit Price zn Words: SP-37 Excavation Protection ~00 I I',F $ /I',F I $ Unit Price zn Words: 3.12 Temporary Erosion Control -- LS $ ~- ~ Unit Price in Words: SP-39 Project Signs 2 I EA I $ /EA $ Unit Price in Words: Adjustment s I. (X)o'~ ~ I.~ Unit Price in Words: 2.12.8 [ Ductile Iron Fittings 2,850 I LB [ $ 2 ~.~_~ /LB I $ Unit Price in Words: Total Price in Words: P - 5 WORK DAYS 50 BID NO. 17~q Eqan/Panhandle Area Sanitary Sewer ReDlacement PO NO. 4 BID TABULATION SHEET I I ITEM DESCRIPTION QUANTITY I UNIT UNIT PRICE I TOTA~ 2.12-C 8" Sanitary Sewer 3,384 I LF $ ~m /LF I $ Unit Price in Words: Unit Price in Words: SP-45 I Trenchless Rehabilitation 979 I LF I $ /LF I $ Unit Price ~n Words: Hnig ~r~ce ~n ~ords: WS-17 Sewer Service 96 EA E7,44~. Unit Price ~n Words: SP-40.B ~ Cut & Plug Sanitary Sewer 13 I EA $ /EA $ Unit Price ~n Words: Unit Price ~n Words: aP-41 I Rem°ye Mash°la Unit Price ~n Words: 7- 6-B m Rebuild Manh°le 3 IEAI$ /~ $ Unit Price in Words: HnSe ~r~ce ~n ~ords: P - 6 WORK DAYS __ 50 BID NO. 1799 ~-~an/Panha~dle Area Sa~Ltary Sewer Replacement PO NO. 5 BID TABULATION SHF. ET Drives ~5. % ~ ~. % ^ Unit Price in Words: Unit Price in Words~ 8.3-~ 6" Concrete Driveway 6 SY $ 4o.~ 2~o.~ Unit Price in Words: 8.3-A 4" Concrete Sidewalk 19 SY ~ $ /SY I $ Unit Price in Words~ SP-2 Concrete Saw Cut 109 LF I $ /LF I $ Unit Price in Words: 3-10-3 I Seeding 3,104 Sy $ ~ /sy I $ Unit Price in Words: SP-37 I Excavation Protection 2,324 I LF $ /LF I $ 2.~ 4 ,~ 4~. 7~ Unit Price in Words: Unit Price in Words: SP-39 Project Signs 1 EA $ 799.~, 2rD,~ Unit Price in Words: 1.21 Contractors Warranties, -- I LS $ /LS $ and Understandings ~ ;~.o~a $~ /o.~0. ~ Unit Price in Words.' 8.1 Barricades, Warning Signs -- I LS $ /LS $ and Detours ~ ~gO~.~, 2. ~. ~ Unit Price in Words: P - 7 · ' WORK DAYS 50 BID NO. E~an/Panhandle Area Sanitary Sewer Replacement PO NO. BID TABULATION SHEET Right-of-Way Io, ooo. ~ ~. I o,,oo~. Unit Price in Words: Unit Price in Words: SP-8 I Abandon Manhole 5 $ /EA I$ Unit Price in Words: SP-46 Misc. Sprinkler System -- LS I $ /LS I$ Adjustments ~ ~-o~. ~ ~.$~. Unit Price in Words: SP-4 I Lower Water Lines 2 EA $ /EA $ Unit Price in Words: I TOTALI $ 4~, O~. ~ ALTERNATE BID ITEM[ DESCRIPTION QUANTITY [ UNIT UNIT PRICE TOTAL 2'12-C I 8" Sanitary Sewer 3,662 I LF $S3, U~ /LF ~o,,4,o.~A Unit Price in Words: SP-45 Trenchless Rehabilitation 701 LF $ ~O.~ 4~.o~o' ~ Unit Price in Words: 2 go, 45~. 7~ Total Price in Words: ~o ~,u,,.,,~n~.% t~~ ~-~ ~,} (-'%~. P - 8 BIT) S~Y DEEORIPTION WORK DAYS BID PRICE Water Line Relocations 80 $ ~4~, 444. ~ Sanitary Sewer Relocations 50 $ 43%, oo~. ~ TOTAL ,, 13o $ q ~s, 4~. ~^ Alternate Sanitary Sewer No change in days $ 2So, 48o. ~ The water and sewer portions of this project are being separated for bookkeeping purposes only. Award of the bid will be based on the total bid. One hundred and thirty (130) work days will be allotted for the total project and will not be kept separately for each portion. B - 2 BID SUMMARY TOTAL BID PRICE IN WORDS 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 ~ompliance 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 full~ 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 correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. Street Address City and State Seal & Authorization (If a Corporation) ~I~-~g~-Z/L] Telephone B - 1 OCT 83 '95 ll:48AM LIBERTY MUTUALs. BUSINESS SALES' INSLIRANL~ This is to Ce~fy that ~~~ N~ ~ l~ NO~ ~U~l~ Insured. ~PE OF POLICY D ~OEO POLICY NUMBER LIMIT OF LIABILITY ~ ~qy Y~M ~V~GE ~ORD~ ~O~ W~ ~PLO~ ~ COMPENSATION T~ $1~,0~ Ea=h A~denl Limit GENERAL ~20/~ ~1-191 ~87~015 $2,~0,000 LIAB I LITY p~ O~ ~ ~ O~URR~CE Pa~ ~ ~e~ ~ Per AUTOMOBILE 9/1/~ AS2.19i4097~ $1,~,~0 B.L~ P.D. ~ LIABILITY. - - ~ OWNED ~ P~ ~ NON~D ~ HmREO ~or~ OTHER ~16/96 M82-191~0~ HIR~ EOUPME~ B~RS~E~ PER PIECE EOUIPYE~ '~ CO~ PR~EOT: 5CABOODLE ~EA ~L~ (R~~ ~M i 2 ~DmO~ INSUreD - O~ OF DEaN ~ M C~: ~ ~e~ UN~S A NU~B~ ~ DaYS m ~REO a~.) e~ Libe~y Mural Croup )' m ~ C~OFD~ON ~E~ U. A~N ~ ~1 B ~ A~ORi~O REPR~SENTATI~ DE~ON, ~ 7~1 tR~NG, ~. JL (214) ~7~ 10/2~95 J ~ o~E ~NE NURSER OR~ I~E0 ~b cer~ficn t~ i~ ~xe~l~ by I .I~R~ ~L G RO~ a~ ~$~ ~uch ~urm~ ~ ~ ~tforded by ~ Com~ni~