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1994-007AN 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 com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- ' d invitation, bid proposals and plans provements describe in the bid and specifications therein; NOW, THEREFORE, THE cOUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid "~id Pro~osals'' or plans and specifications on file invitations", y's Purchasing Agent filed accordIng to the in the office o~the cig bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONTRACTOR ~d4OUNT THOMCO CONSTRUCTION $ 98,675.00 1570 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 after notification of furn~sh~ g of performance and payment bonds, the award of the bid. ~ECTION II~. 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied sums contained thereln. SE..C~iON~. That upon acceptance and approval of the above compet~tlve b~ds and the execution of contracts for the public ' d works and improvements as authorize herein, the city Council here- the manner and in the ' s ' d by authorize the expenditure of funds in amount as specified in such approved bids and authorize contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. ~ PASSED AND APPROVED this the !~day of , 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY DATE: JANUARY 18, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1§70 - JAMES STREET BOX CULVERTS AND DRAINAGE RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Thomco Construction Co. of Mansfield, Texas in the amount of $98,675.00. SL~RY: This bid is for the construction of approximately 265' of 9' x 5' concrete box culverts and associated drainage improvements. The project site is on James Street north of Mission Street. The bid offered by Thomco Construction is approximately $21,000.00 under project estimates · BACKGROUND:. Tabulation Sheet, Memorandum from David Salmon, Senior Civil Engineer dated 1-3-94. PROGR~IS~ DEPARTMENTS OR GROUPS AFFECTED: Engineering Department, Drainage Division, and Citizens of Denton. FISCAL IMPACT: Funds for this project are available in 1986 Drainage Bond Funds, Account Number 446-020-DRAN-9205-9108. c Spectfull~ s~ubmitted~ ~ Manager / Approved: ~Iame: Tom D. Shaw,C.P.M. Title: Purchasing Agent 446.agenda CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, JANUARY CITY OF DENTON § made and entered into this ]~ A.D., 19 94 , by and between day of of the County of DENTON through LLOYD V. ~AR~RnT. and State of Texas, acting thereunto duly authorized so to do, hereinafter termed "OWNER," and THOMCO CONSTRUCTION INCr POST OFFICE BOX 735r MANSFIRT.~r ~ 76063 of the City of MANSFIELD , County of ?ARP~NT 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID % 1570 - JAMES STREET BOX CULVERTS in the amount of $98,675.00 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 CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by DEPARTMENT OF ENGI~.~.~ING AND T1A%NSPORTATION , all of which are made a part hereof and collectively evidence and constitute the entire contract. IndeDendent 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: D~ (SEAL) ATTEST: ~OMCO CONSTRUCTION I~IC. CONTRACTOR Title ~, ~ -F%4~ <~~torney / (SEAL) AAA0184D CA - 3 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That INC. , of the City of County of TARl~mrr , and State of as PRINCIPAL, and VIGILANT INSURANCE COMPANY BOND NO. 89030773 THOMCO CONSTRUCTION MANSFIELD TEXAS , 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 .£,w. CITY OF DENTON as OWNER, in the penal sum of ~w~.~ R~,~..,. ~m~ six mm~RED SEVENTY FIVE and no/lO0-- Dollars ($ 98r675.00 ) 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 18 day of JANUARY , 19 94, for the construction of BID % 1579 - JAMES STREET BOXCULVERT 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 Act of May 22, 1993, 73rd Leg., R.S., ch. 268, §1, 1993 Tex. Sess. Law Serv. 587, 851 (Vernon) (to be codified as Tex. Gov't Code, ch. 2253) (formerly, Tex. Rev. Civ. Stat. Ann. art. 5160), 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 28th day of January , 19 94 THOMCO CONSTRUCTION, INC. Principal Title \AJ-~. q--~ o~A 6 $ VIGILANT INSURANCE COMPANY Surety Title Attorney-in-Fact Address: P.O. Box 735 Mansfield, Texas 76063 Address: 15 Mountain View Road Warren, NJ 07061 (SEAL) (SEAL) The name and address of the Resident Agent of Surety zs. THE SWEENEY COMPANY 1121 E. Loop 820 South; Fort Worth, Texas 76112 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become condition of the attached document. a part or PAYlVtENT BOND Mo. 89o3o77 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That THOMCO CONSTRUCTION INC. of the city of MANSFIELD County of TARRANT , and the State of TEXAS , ae principal, and VIGILANT INSURANCE COM~ANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto · £-,: CITY OF DENTON , OWNER, in the penal sum of and no/100 ....... NINETY EIGHT THOUSAND SIX HUNDRED SEVENTY FI~E Dollars ($ 98,675.00 .) 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 18 day of JANUARY 19 94 BID # 1570 - JAMES STREET BOX CULVERT 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 pureuant to the provisions of the Act of May 22, 1993, 73rd Leg., R.S., ch. 268, §1, 1993 Tex. Sess. Law Serv. 587, 851 (Vernon) (to be codified as Tex. Gov't Code, ch. 2253) (formerly, Tex. Rev. Civ. · Stat. Ann. art. 5160), 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 28th day of January 19 94 THOMCO CONSTRUCTION, INC. Principal Title ~, ~-.~ ~5 VIGILANT INSURANCE COMPANY Surety ~Ta~mara~. ~h~r~ Title Attorney-in-Fact Address: P.O. Box 735 Mansfield, Texas 76063 Address: 15 Mountain View Road Warren, NJ 07061 (SEAL) (SEAL) The name and address of the Resident Agent of Surety THE SWEENEY COMPANY 1121E. Loop 820 South; Fort Worth, Texas 76112 A/kA0184D PB - 4 MAINTENANCE BOND NO. 89030773 THE STATE OF TEXAS COUNTY OF DENTON KNOW AJ4L MEN BY THESE PRESENTS: That T~OMCO CONSTRUCTION INC. as Principal, and VIGILANT 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 NINE TROUSANDEIGRTRUNDREDSIX"I-~S~¥~Nand 50/100--- Dollars ($ 9,867.50 ), 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 TRoMco CONSTRUCTION INC. has this day entered into a written contract with the said city of Denton to build and construct BID ~ 1570 -- JAMES STKEETBOXCULVER~ 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 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 as Contractor and Principal, has executed by Thomco Construction, Inc. caused these presents to be and the said Visilant Insurance Company as surety, has caused these presents to be executed by its Attorney-in-Fact Tamara E. Shackelford and the said Attorney-in-Fact has hereunto set his hand this 28th day of January , 19 94 SURETY: VIGILANT INSURANCE COMPANY Tamara~E. Shackelford ~/ ' Attorney-in-Fact PRINCIPAL: THOM~ C~RUCTION, INC. AAAO184D MB - 2 POWER OF ATTORNEY Know all Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New York Corpor~ tion. has constituted and appointed, and does hereby constitute and appoint Charles D. Sweeney, D· W. Sweeney, Bobb~ E. May and Tamara E. Shackelford of Fort Worth, Texas ................................................ each its true and tawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as sureiy thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the retease of retained percentages and/or final estimates. .e,.,o a.ix~ ,hi.26th day ol July. ~9 93 STATS OF NEW dERSEY County of Somerset County of Somerset ss. CERTIFICATION Form 21 -! 0-0355 {Rev. 11-92) CONSENT January . m. 94 iAOORii ' CERTiFiCATE ..DE BATS M *D,YY, -- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE F' O :(':",OX ~?()O COMPANIES AFFORDING COVERAGE COMPANY ........................................................ COMPANY B COMPANY COMPANY D hl/~d'¢.E;;F:']:EI_X[) T'X '7~5()6:':; ~ COMPANY E COVER~ LTRi TYPE OF INSURANCE ?==E%L'A: E.ERAL UAB,L,TY X i ALL OWNED AUTOS X HIRED AUTOS X NON-OWNED AUTOS EXCESS LIABILITY I OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION POLICY NUMBER I OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS POLICY EFFECTIVE POLICY EXPIRATIOI~ DATE (MMIDDIYY) i DATE (MMIDD/YY) LIMITS .EACH OCCURRENCE $ $ COMBINED SINGLE ~"'l'~',:'f",'~:' /"':~.',~ LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE ( ) '.;:'/'" ( } -~}': ? 'i;) '(I EACH OCCURRENCE ..... ~ STATUTORY LIMITS I'~)~;:',/'()~L ,/":.;~';"~ EACH ACCIDENT DISEASE--POLICY LIMIT DISEASE--EACH EMPLOYEE C__E_FI_T_IF~.CA_'F_E_.H.O_LDE~R . _ . ACORD 25-S (?/90) CANCELL_ATION TO ~10 DAY NOC FOR NONP_AYMENT OF PREM~IUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA~[,,O.N BATE THEREOF, THE SSU NG COMPANY WILL EI;,IOE~KQ~7~:M~O MA L DAYS WR ~I'EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ©ACORD CORPORATION 1990 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 endorse-ments 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 z 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 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, ctaim 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 LiabiIity lnsu:ance. 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. 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: ix] A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ Sz,ooo,ooo 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 shell include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. · 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. CI - 3 Insurance Requirements Page 4 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. 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, 9100,000 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. [] 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. CI - 4 Insurance Requirements Page 5 [] 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. CI - 5 WORKDAYS 35 BID NO. ]57N 'James Street Box Culvert PO NO. BID TABULATION SHEET Box Culvert c{,~ ~' SP-44 Remove Existing Concrete 2 EA $ I,~O~-/EA $ Headwalls/Wingwal ls/Apron 8.11 ~F-SS Guard Rail 270 LF , 5.7-A 4 1/2" Asphalt Pavement 160 S~ S i5~ /S~ S2,400~ 5.7-C 2" Asphalt Pavement 2 TON $ T~e D Patch 8.15-A Concrete Rip Rap 98 SY $ ~/SY $ 7.6.A-1 4' Sanitary Sewer Manhole 1 EA $ .4.s SP-3 Reinforcing Steel 2,795 lb $ 2.11 2" x 2" x 1/4" ~gle Iron 170 LF S ~6~ /LF $ ~qO~~. 2.12.3 9'x 5, Concrete Box 264 LF $ Culvert 7.6 A-2 Rebuild Manhole i EA $ ~O~/EA $ ~.~ 3.7 Compacted Fill 18 CY $ 3.10.7 Hydromulch 1,200 SY $ ~ /SY $ ~O ~.~ 1.21 Contractor=' Warran~iea - LS 3.1 Preparation of Right-of- - Ls Wav P - 3 'James Street Box Culvert WORK DAYS 35 BID NO. 1570 PO NO. BID TABULATION SHEET ITEN I DESCRIPTION I QUANTITY I UNIT I UNIT PRICE I TOTAL 8.1 Barricades, Warning Signs LS $ %~]~,--/LS $ [~2~.- and Detours 3.12 Temporary Erosion Control LS $ ~b~/LS $ ~' sP-39 Project Sign i EA S &%~/~A S Z~O~ SP-10 Rock Excavation 20 CY $ [ /CY $ ~ O~ ~ Materials and Labor $ $ 50~ Incorporated Into Project Other $ $ ~00 '3.10.3 Seeding 1,200 SY $ ,%j /SY $ ~J3 *Item 3.10.3, Seeding may be substituted for Item .10.7, Hydromulch at the discretio: of the engineer. P - 4 TOTAL BID PRICE IN WORDS BID SUMMARY k T¥ FtVF___ 'DOLL 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 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. THOMCO CONSTRUCTION INC. C W.E. THOMASt PRESIDENT 8320 RENDON BLUDWORTH RD. POST OFFICE BOX 735 Street Address MANSFIELD, TEXAS 76063 City and State Seal & Authorization (If a Corporation) 817-477-3020 Telephone B - 1 VIGILANT INSURANCE COMPANY 15 Mountain View Road, R O. Box 16t5 Warren, New Jersey 07061-1615 BID BOND (AIA A310) KNOW ALL MEN BY THESE PRESENTS that THOMCO CONSTRUCTION, INC. as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto CITY OF DENTON, TEXAS as Obligee, In the sum of ....... Y±ve Percent of Bid (5%) ........... Dollars ($ .................. ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for James Street Box Culvert. NOW, THEREFORE, if the Obligee shall accept the bld of the Principal and the Principal shall enter into a Contract with the Obllgee In accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such Contract and give such bond or bonds, if the Principal shall pay to the Obllgee the difference not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, othenvise to remain in full fome and effect. Signed, sealed and dated December 14, 1993 by by THOMCO CONSTRUCTION, INC. / VIGILANT INSURANCE COMPANY Tamara E. Shackelforc~// Attorneyin Fact Form 15-O2.0332 (Ed. 1-93) POWER OF ATTORNEY Know ell Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New York Corpo, tion, has constituted and appointed, and does hereby constitute and appOint Charles D. Sweeney, D. W. Sweeney, Bobby ;-. Ma and Taaera E. Shackelford of Fort: Wort:h. Texas ............................................... each its true and lawfu{ Attorney. in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf ~ surety thereon or othen~ise, bonds or obligations given or executed in the course of its business, and consents for the release of retained percentages and/( final estimates. 26t:h ~.yo~ July, ,9 93 RiChard ~3. O'Conno~ g' / }. County of Somerset