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1995-238 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 182~ TRAVIS LANDSCAPING AND $49,025.00 IRRIGATION SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~/~day of ~_~,~. ,1995. ATTEST: BOB CAST~L~~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY DATE: NOVEMBER 21, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1828 - TEASLEY LANE MEDIAN IRRIGATION RECOMbIENDATION: We recommend this bid be awarded to the lowest bidder, Travis Landscaping and Irrigation for the base bid and Alternate No. I in the total amount of $49,025.00. SUMMARY: This bid is to provide complete irrigation coverage for lawn and planting area located in the Teasley Lane Median from 1-35 to Lillian Miller and south on Lillian Miller to the South Branch Library. The project includes metering, electrical connection, piping, controllers, sprinkler heads, remote controls, valves, wires and other items required for a complete operating system. Alternate #] involves the addition of remote control valves and associated items for proper installation. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks Department, Citizens of Denton. FISCAL IMPACT: Funds for this project will come from a 50/50 Grant for ground improvements from Texas Department of Transportation. The City of Denton's match will come from in kind services; Account Number #446-020-LAND-9235-9009. Resl~tfully submitted: City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 659 .AGENDA CONTRACT AGREENI .NT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 21 day of NO%~24BER A.D., 19 95., by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through RICK SVE~LA thereunto duly au~rized so to do, hereinafter termed "OWNER,.. and TRAVIS LANDSCAPE & IRRIGATION/ Texas Sage 1605 S. STEMMONS CARROLLTON , TEXAS 75006 of the City of CARROLLTON , County of DATJ.AS 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: RID $ 1M2R - TEASLEY LANE MEDIAN IRRIGATION in the amount of $49,025.00 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 PARKS DEPAR~ STAFF 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 wr~/' ATTEST: (SEAL) ATilT: ~ <' TRAVIS LANDSCAPE & IRRIGATION/ Texas Sage ~ILING~SS TITLE PRINTED 1~E ~PROVED AS TO FO~: (SEAL) AAA0184D Rev. 07/28/94 CA - 3 Bond No. 015005263 Premium: $1471.00 Premium charged on 12 month basis P]~RFOt~AJ~C]~ ~OND at Surety's current rate. STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That .Cal.qary., Inc./dba Travis Landscape & Irrigation / Texas Sage , Of the City of County of D~T.r.~ _ , and State of TmU~ as PRINCIPAL, and Amwest Surety Insurance Company , as SURETY, authorized under the laws of the State of Texas to act as ~urety on bond~ for ~nc~al~, held and fi~ly bo~d unto the ~ ci~ OF D~N as 0~, in the penal s~ of ~ ~ T~OUS~ ~ ' ~no/100-- Dollars ($ 4~9~_oo pa~ent whereof, the said Principal and Surety bind themselves, and their heirs, a~inistrators, 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 21 day of ,o%~..~, , 19_9~_, for the construction of BID ~ 1828 - ~.~r~zv T.ANR MRD?A~ IRRIGATION 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 ~hall faithfully perform said Contract and shall in all respects, conditions and agreements in and by maid 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 PURTIIER, that if any legal action be ~llled upon this bond, venue shall lie in Denton County, state of Texas. Surety, £~r value received, 6tipulates and agrees tha~ no change, extension of time, alteration or addition to the terms of the ?o~traot, or to the work performed thereunder, or the plans, specifications, or drawings accompanyIng the same, shall ~n any way af£ect its obligat~on on th%s bond, ~nd it does hereby wa~¥e ~otice o~ any such change, extension of t~me, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and gurety have signed and sealed this instrument this agth day of ~0vem~er 19 95 ' Cal~utrvj~c./dba Travis Landscape & Irrigation/Texas SageAmwest Surety Insurance Company Principal Surety ~)m l~ William D. Baldwin, T~tle {}~ , T~tle Attorney-ln-Fact Addros~: 1605 s. stemmons Ad'ess: 1231 Greenway Dr., Ste. 420, LB¢4 Carrollton, TX 75006 Irving, TX 75038 (SF. AL) (SEAL) The name and address of the Resident Agent of Surety William O. Baldwin 1201 Kas Dr., Ste. B, Richardson, TX 75081 NOTE: Date of Bond must not be prior to date of Contract. ~0184D Rev. 07/28/94 PB - 2 Bond No. 015005263 Premium: $1471.00 Premium charged on 12 month basis PAY ENTBO at Surety's current rate. STATE OF TEXAS COUNTY OF DENTON ~I~OW ~ MEN BY ~IESE PRESENTS: That Calcify. Inq,/dba Travis Landscape & Irrigation / Texas Sage Of the City Of ~OI~ County of nxr,T~ , and the State of . TEXAS ~ principal, an~ Amwest Surety Insurance Company mm m a:thorized under the lav~ o~ the State o~ ~exa~ to act a~ bonds ~or ~rlnoipals, are held and ~i~1~ bound unto _ ~z~o~ - .. , 0~ in the penal ~or the pa~ent vhereo~, the ~aid P~inoipal and 8~et) bind tbem~elve~ and their helrm, a~in~tr~torm, exeouto~ and ammign~, ~ointl~ and several~), b~ th~e pre~ent~: ~R~8~ the ~rinoipa~ ha~ entered into a :e~ta~n ~itten contract vlth the O~er, dated the ~ da) o~ 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 change, extension of time, alteration or addition to the tens 0£ the contract, o= to the work performed thereunder, or the plans, spe¢ifica=lons, or drawings accompanying the same, shall In any way affeo= 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 wor~ to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ZPth day of ~ove~ber 19 95 . Calgary,Inc./dba Travis Landscape & Irrigation/Texas Sag~qmwest Surety Insurance Company P pal Surety -... . W~ll~am D Baldwin, Titl~ Title. Attorney-In-Fact A~ress: 1605 S. Stemmons Address: 1231 Greenway Dr., Ste. 420,LB44 Carrollton, TX 75006 Irving, TX 75038 'She name and address of the Resident Agent of Surety is: William D. Baldwin 1201 Kas Dr., Ste. B, Richardson, TX 75081 ~Lk0184D Rev. 07/28/94 PB - 4 Bond No. 015005263 Premium: (1471.00 BOND Premium charged on 12 month basis at SuretT's current rate. THE STATE OF TEXAS COUNTY OF DENTON KNOW ~,L MEN BY THESE PRESENTS: That ~alqary,Inc./dba Travis Landscape & Irrigation/Texas Sage &$ Principal, and A~est 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 F~-~n-~,~nT~O ~,a ~o/~nn .... Dollars ($ a~qn~ ~n ), 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 ca]qarym Inc./dba Travi.s tand.sc, ap..e & ~rri.~ati0n/Texas Sa~e has this day entered into a written contract with the said City of Denton to build an~ construct ,Tn ~l~ - ~*.~ ~.~-~. w~.n~a~ I~K~GATION which contract and the plans and speci~ications 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 maid con~ra== 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 Cal~arv~Iqq./dba Travis Landscape & Irrigation/la×as Sage as Contractor and Principal, has caused these presents to be executed by A~est Surety ~nsumance C0mpan~ and the said-. Amwes~ Surety Insurance Company as surety, has caused these presents to be executed by its Attorney-in-Fact wt]]~am 0. Baldwin and the said Attorney-in-Fact has hereunto set his hand this zgth day of November , 19 ~ o SURETY: PRINCI~AL/ ~,,~e~%~ ~.~fety Insuran~ Company Calgary~Inc./d~,a ~rav~s Landscape & Irrigation/Texas Sage v ~.~ Attorney-in-Fact ~AAOI840 Rev. 07/28/94 MB - 2 11-14-96 0000543880 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo (~) of Amwest Surety Insurance Company (the "Company") on the front and brown security paper on the hack. Only unaltered originals oftbe POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: WILLIAM D. BALDWIN W. T. RAGSDALE DON EDWIN SMITH AS EMPLOYEES OF BALDWIN INS AND BONDING AGENCW its tree and lawful Attorney-in-fact, with limited power and authority the company thereto ifa seal is required on bonds, undertakings, recognizances, reinsurance ag igations in the nature thereof as follow: License & Permit Bonds up to $****'50,000.00 Mlscellaneons Bonds up to $*'***'*25,000.00 Small Business Administration Guaranteed Bonds up to $ * * *'250,000.00 Bid Bonds up to $**1,000,000.00 Contract (Performance & Pa>anent), Court, Subdivision $**2,500,000.00 and to bind the company thereby. This appointment is made under and b e and effect. 1, the undersigned secretaq~ ofAmwest Suret) remains in full force and effect and has not been revoked and furthermore and that the relevant previsions of the By-Laws of the Company, Bond No. 015005263 Novembe Karen G. Cohen, Secretary ~is POA is sign~ and sealed by , ~e Board of Directors of Amwest SureW Insur~ Comply at a m~Ong duly held on D~m~r ~SOL~D, ~at ~e President or ~ , Assismt Secrem~, may appoint attorneys-in-fact or agen~ wi~ anthori~ for ~d on behalf of the Company, ~ execute and deliver ~d affix the of~e Comp~ of all kinds; ~d said officers may ~move ~y such a~omey-in-fact or agent and ~SOL~D FURT~R ~ valid ~d bind u~n the Company: (i) when si~ by [ifa seal ~ required) by ~y Secmm~ or Assismt Secret; or (ii) when sign~ by ~e Presidem or a~ or Assismm Secrem~, and countersign~ and seal~ (ifa seal ~ required) by a duly (iii) when duly genB pursuant to ~d within the limi~ of the anthofiW evidenc~ by the ~wer ofa~me~ ~on or persons. ~SOL~D FURTHEK ~at the s 'e of ~y an~ori~d officer ~d the seal oftbe Company may be affix~ by facsimile to ~y POA or ceflification ~emofau~orizing ~e execution and del , bond, unde~king, re~gni~ce, or o~er sureWship obligations of~e Company; ~d such signatom ~d seal when so us~ sh~l have ~e same fome and effect ~ ~ough manually ~xed. IN WI~ESS W~OF, Amwest SureW Insurance Company has caused ~ese presents m be signed by its proper officers, ~d i~ co.orate seal to be hereunto affix~ ~is 8th day of September. 1995. ~ ~ ~~ ~ ~ ~ John E. Savage, Pre~ent ~ Karen G. Cohen, S~re~ Sm~ of California CounW of Los Angeles On Sep~m~r 8, 1995 before me, Peg~ B. Lo~n No~ Public, pemonally appe~ John E. Savage ~d K~en G. Cohen, ~monally knom to me (or prov~ W me on ~e b~is of satisfac~ evident) ~ ~ ~e ~rson(s) whose nme(s) i~e subsc~d ~ tbe within ins~mem ~d acknowl~ged to me all that h~sh~they execo~d ~e same in his~er/~eir au~ori~d capaciW(ies), ~d that by hi~er/~eir signet u re(s ) ~ ~m~r~n~h ~nf~ u~n~h~ of which the ~mon(s) acWd, execut~ ~e instmmant. (~llll~tltl~ . WI~ESS ~hand and official seal. ~:~ , ~'. -~/~ .r~ .~ ~ '~ ~ ' ~e~. Loffon, No~ Pu~ % ........ ,,,.~ R 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, TX78714-9104 c FAX #(513) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE iS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE AT~ACHED DOCUMENT. F. la~32B (9/92} Insurance Requirements Page 6 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 deter~ine 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 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Insurance Requirements Page 7 · 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. 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 $1,000,000.00 shall be provided and maintained by the contractor. The Insurance Requirements Page 8 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 For~-~-~ 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. [ X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: · any auto, or · all owned, hired and non-owned autos. [ X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each Insurance Requirements Page 9 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 "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. Insurance Requirements Page 10 ATTACHMENT 1 [ 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 insuranbe, 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 §406096) - 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. 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. Insurance Requirements Page 11 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 cedified 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. !. 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; Insurance Requirements Page 12 (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 (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. JA~.--1{3--96 WED 0~;:59 PM P. 82 Mi MtB. CERTIRCATE OF INSURANCE ' No RIGHT6 UPON YHE OEflTIIqQ^YE HQLDER,_ Bttl CumlinRham lng · ~e.~cy EXTEND Off ALTER THE COVEP, A(]E AFFORDED nv 6301 GasCon Ave., Suite 168 DGd. las, TX 75214 COMPANIES AFFORDING COVERAGE C0~IPAKY gt T~avis Landgeape '[t~C. Car~olIton. TX' 75007 ~v~AQEG THI9 19 TO CE~I~ T~T THE ~E8 ~ INBUAANCE Ug~O BEL~ HAVE SEEN ISSUED TO THE INSURED NAMED AB~ FOR THE pOLICY FER1OD INDICATED, N~TH~AN01NG AHY REQUIREMEHT, TERM OR ~DmON OF ANY CONT~A~ OR ~H~R D~UMENT WI~ REEPECT TO ~IOH THIS O R MAY ~RTA1N, THE INSURAN~ AFFORDED BY THE ~LICIE8 DESCRIBED HEREIN IS ~UBJEGT TO ALL THE TERMS, CERTFICA~E MAY BE 15~E O ................ ~ =u~ u~y HAVE BEEN REDUCED ~Y PAID TYPE OF ~NCE ~Y NUMAR OATE (MMI~Y~ ~ DAT~ ~ GE~On~TE I 2,000 X ~ME~O~a~~ 69001007 5-25-95 5-25-96 MEDI~ ~Y AUTO ~ILY ~L o~GO A~ (~r ~) ~O~ AUTOg ~OILY flOH~wH~ A~ pRO~E~ ~RRENCE OT~ ~N U~ W ~AT~RY eM~OYE~' t~ I (DISEASE--EACH EMPLOY~ OPimATi0#$A.Oq?,ATIq~I~TPa6~'IC~4~f'~-CI&L IT~.MB o~ De~to~ a~ed as a~4t~o~al HOLDER .................. ~ANCEL~Vi6~ ............... ~H~LD ~Y DP TH~ A~E ~RI~E~ ~LICI~ ~ OANOELLE~ BEFO~ THE EXPIATION DATE ~H~. ~E 168U1~ OOMP~Y WiLL ENDEAVOR TO 901-B Texa~ St De.ton, TX 76021 UABiLi~'~O~poN~EG~Ny, ITBAGENTa 9. (a/aa) 0i/17/96 12;40 FAX 2143573351 ASSURED ADVANTAG ~002 Oun~ E~ili~ ] [ ~e~l ~gm~a 1 J D .... U~ ~Y ~ Pi~e [ ~lila E~ilt~y 0472415g-1 [ 12/30/95 ] 12/30/96 ~b~d g/L ~1,000,000 --- I ................................................... + ................... + ......... C .............................................. Des~p=i~ of Opexa~{ona/~ations/vohinlna/g~ci~l Iuems FROM: CITY OF DENTON FR× NO.: 181758~7502 81-17-96 01:50P P.02 Assured Advantage Insurance Agency 110~9 S~y T~ail, Suice 130 Dallas, TX 75229 (214) 357-333% January 1~, 1996 MR. TOM S~W CITY OF DENTON RB:TRAVIS LANDSCA~ POL.#04~24159-1 T~E R~F~R~NCED POLICY IS PA~ ~U~,96 ~ WILL NOT BE ~C~T.r.~ POR NON PA~ OP ~M~. ~ 30 ~Y NOTI~ WI~ BS ~PLI~L~. Sincerely, ., ~ONkLD ~A~RS / A~ENT ' 0.A/11/96 ~.:1_:5~ FAX 214~573351 ASSURED ~V~AC ~002 ~ ~ BUSINESS AUTO DEC~TIONS (~nflnu~) POU~ NO 047241~.-1 ITEM THREE SCHEDULE OF COvEFI£D AUTOS YOU OWN Covered E)E~IPTtO~ i ~t~ITORY A~b) N~ Y~. U=~ T~ Na~, ~y T~ ~ ~ ~oun( Town & ~mm ~m ;h~ 1. g2 ZSU~ F~TB~ ~ALES~ t47N3~8 $1g.~ O2 =. 92 ~EVROL~ t/2T ~ T~ 1~St9~H8213927 S7.~00 02 s. 92 ~B~RQLET 1/~T pU ~ /~1~R4e82079~ $?,S~ O2 4. 94 ~ F~TBED ~ 1~dTHl~2R~512S12 $28,~ 02 5. 94 ~EV~L~ 1T PU T~ 1G~3;~Rd348677 ,- $14,~ 02 ' L r=m~ Verde n~ ~W I e=~m~ ~ ~ ~ the s. OSO $ 03 FDRD ~ ~0 S ~ V~LEY NATIO~ ~ OS0 S 83 ;. 050 S 55 GE~L ~ ~G~.P~US. ~ ~ DEDU~ ;~ (~ of a d~ib{o or F~t ~W ~ ~Y ~lumn ~low m~n. ~ ~ I~URY A~O M~ PAY UNINSU~u~N~R~ 1. SEE ZTEH 2; $1.846 SEE ~TE~ ~ SEE ~TEH 2 Sl,aas SEE ~TEH 2 3. SEE ZTEM 2 $1,96S SEE ~EN 2 $346 a. SEE ZTEH 2 $2,901 SEE ZTEH 2 ' $348 6. SEE ZTEM 2 $2,OS5 SEE ZT~ 2 $346 ~ ~O m~ ~em~um ~O min~ Premium ~o ~nUS ~um Umit Per ~m~ ~ $5~ $122 $5~ S225 3. $5~ $122 $5~ $225 4. $5~ $473 $5~ $g70 S. $5~ S2S2 $5~ $4~ ~V~B23g~0~L~l 0~/11/96 11:58 FAX 2145575351 ASSURBD ADYANTAG ~003 BUSINE$~ AUTO DECLARATIONS (Continued) POUCY NO 04724t~a-1 ITIEWI THREE ~CHEDIILE OF COVERED ~UTO~ YOU OWN C,~mred DESCI:IIPTION ~ TERRITORY -" year. Medal Trade Nan~,'Dod~ Type. ~eda~ Ommd Amount Town &' State Whine the C~vered Nund~w (S) Vehlda Identifioal~on Numbar (VIN} w~'ll be principally garaged e- 94 CHEVROLET 1T laLI TRUCK tGCGC33KSRd349886 $14,0OO 02 7.. 9:2 LINKNOMN uT~rLZTY TRA'rLER 83943 SIS,SOO 02 8. Oovemd GL~IFICATION Aub] No. I:L~lJus ef Busin~ uSO Size ~VVt/. Age RATB4r~ s ~ ~ ~ ~i~ou~ i FA~'L'TC R payab~a lo wu and ~e Io~ payee OperaUon = ' ra mmi] Vebk~e named below a~ inten~[ may ==eamnm~cla] , ,~e~ring appem' at the t~me of the lob h = Imam, CapadW Uab. :~o11. & O50 $ 55 GECAL 7. OSO S 2a O0~A~ BANK Cove,ed cov~:~,-Im~a~uu~. ~ ~ n~OCTleLES (Abaenea or a dacluctiblo or limit enby in any column below means Auto No. that Um limR m. de, d, uct~le ent~ ~n Ute corrasOonding LIABILITY PEP,.SON AL INJURY ALYro PROTEC~ON MOTORI8'I~ Limit Premium LL-nit I~'emium I;mlt Fmmium Umit Premium o. SEE ZTEN 2 $2,08E SEE :[TEN 2 $34a 7. SEE ZTEM 2 $290 g. Total ~ $13,137 $2,076 P~umium~ Oevered OOVERA~ES-PP~MIUU,~. LIMJT~ AND DEDLIG~?:-_e (Ah'uu'ga ~ a deducliblo Auto No. ttmt ~he lind~ or dedu,ctible enuy in the ~nespmdino ITEM TWO rmlumn ap01ies COMP~SIVE ..~PmR~D CAUSI~ OF LO.RS COU. J~ON TOWING & LABOR U~lt .stated in L[m/t _q~'~,r,~ in ~ Jmit'ala~d in n~M fTEM TWO rninus Premium TWO m~US F~mim TWO minus Pm.dura [imit Per Premium dedu=- deduc~in aho~n cleducllbie shown D/,,~blemm[ ti'hie ~h~wn h,~ be~w wrmn alX?limlble below e. $500 '" $252 $500 $4~2 7. SSO0 $102 B. 9. .TDEC2 AGENT'S COPY CvSCogo695OOOOLTDEC2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION Baldwin Ins.& ~ ~ ~nonA;n~~ ~ ~'C~',Tnc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1201 Kas Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite B COMPANIES AFFORDING COVERAGE Richardson, TX 75081 COMPANY A Texas Workers Compensation Fund INSURED COMPANY Texas Sage Market Place B 1605 S. Stemmons COMP^NY Carrollton, TX 75006 c COMPANY I D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABovE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO; POUCYEFFECTIVE POLICYEXPIRATION LTR; T~'PE OF INSURANCE POUCY NUMBER DATE (MM/DD/Y~) DATE (MM/DD/Y~) UMITS GENERAL UABIUT~ GENERAL AGGREGATE $ COMMERCIAL GENERAL UAB'UTY PRODUCTS. COMP/Dp AGG $ ICLpJMSMADE ~ OCCUR PERSONAL&ADVINJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) MED EXP (Any one pemon) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SfNGLE LIMIT $ ALL OWNED AUTOS I BODILY INJURY SCHEDULED AUTOS i (Per pemon} $ HIRED AUTOS BODILY INJURY NON4DWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE UABIUTY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACC[DENT $ AGGREGATE $ EXCESS UABIUTY EACH OCCURRENCE $ I [IMBREI_[A FORM AGGREGATE I $ ~ OTHER THAN UMBRELLA FORM $ WC STATU- wo..E COMPE.S O. A.D x I TORY UM,*S I 15%"- A EMPLO~'U^S,UTY 05013110072 08/03/95 08/03/96 ELEACHACCIDENT $ '~0000( THE PROPRIETOR/pARTNERS/EXECU]]VE ~ INCL EL [~SEASE- POUCYUMIT $ 50000( OFFICERS ARE:IXl EXCL EL DISEASE- EA EMPLOYEE $ 5 0000 DESCRIP]]ON OF OPERATIONS/LOCATIONS/VEHICLESJSPECIAL ITEMS Project: Teasley Lane Median, Denton, TX. SMOULD ANY OF THE A~OVE DESCRIBED POLICIE~ SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WlU. ENDEAVOR TO MAIL City of Denton 30 DAYS WRI37EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFt. ~Y^U~I-B Texas Street SUT FAILURE TO MAIL SUCH ~O3qCE SHALL IMPOSE NO OBLIOA3]ON OR UASIU~Y --Pent, or(, TX 76021 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ .~7 4~ ..: ............ . ._....... ......................................................................... ~. .................... JAN--15--96 MON 01:21 PM P.O1 Landscape & Ird atJon TRAVIS January ][on: Shaw P~:r,.:'ha$ Lng Agent City of 215 E, Mckinney tenton, Tr.,:.:as 76201 Re: Teaslul' Lane Irrigation Dear r[~;lil, Ar: Der olIL- ::onversation toc]~ii' Januari 12, 1996, .... ue~l,~n i,':'i.gaLio~ oil Teasley Lalu:~ ?:c:o;i ,~:.- tke ~tate Highwa]- Depart~:~ent g]vu~ u~; the go ~liead. From our start date to col,~pletion date the project will tak<~ l~c lon~:Tr th~n ~0 das':;, all throngs considered. if '~'o~t have ari~' qtlest'ioii~ pl,':.~s,- ~.,~1~ me as sooIi as m~ ~.:,u, su s~; .'.in ~et ~tart6. d <)ti thio. ,;reject. 1-35 F..asl: , Cayrolltx~t, Texas 3Z3.1578 BID SUI~4KRY TOTAL BASE BID: dS 44 -'/'~O ALTERNATE NO. 1: ADO REMOTE CONTROL VALVES A-3, B-IS TI-mU B-22 AND 0-3 INCLUDING LATERAL LINE PIPING, FITTINGS, SPRAY HEADS AND NOZZLES UNiT PRICES: ITEM AMOUNT Lawn spray head with nozzle and flex PVC tubing $ ~ -~ EA. High-Pop spray head with nozzle and flex pvc tubing $ ike, oo EA. 1" Remote control valve with wire splices and valve box $ '9d-e.°O EA. 1-1/2" Remote control valve with wire splices and valve box $ 1'2-.'~. zO EA. 2" Remote control valve with wire splices and valve box $ 1-7o. 9/~' EA. 1" Backflow preventer with valve box, master valve and gate valve $ :7~.c:tD EA. 1-1/2" Backflow preventer with valve box, master valve and gate valve $ · EA. 2" Backflow preventer with valve box, master valve and gate valve $ ~ :~©. oO EA. 2" Backflow preventer with valve box, master valve and gate valve $ ~:50, c~o EA. Controller - 7 station with rainstat, freeze sensor and pedestal $ ~O. OO EA. Controller - 24 station with rainstat, freeze sensor and pedestal $ Igi-ZO. °O EA. JIF 14 Ga. Wire $ .-~ , II EA. PVC Pipe, Class 200 with Fittings: 3/4" $ 2~ . ~_o L.F. PVC Pipe, Class 200 with Fittings: 1" .$ .2.'5 L.F. PVC Pipe, Class 200 with Fittings: 1-1/4" $ . :~7 L.F. PVC Pipe, Class 200 with Fittings: 1-1/2" $ · z[¢-~ L.F. PVC Pipe, Class 200 with Fittings: 2" $ .-'/Z. L.F. PVC Pipe, Class 200 with Fittings: 2-1/2" $ I, C>9 L.F. Bore and Class 200 PVC Sleeve: 2" Sleeve $ q. Go L.F. Bore and Class 200 PVC Sleeve: 4" Sleeve $ V~. oo L.F. 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 te~ms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and 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. City'ahd S~'a--~e Seal & Authorization (If a Corporation) Telephone B-2