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1993-210ORDINANCE NO. -e>210 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 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- provements 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 con- struction 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 be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1557 SUNMOUNT CORP. $206,257.50 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, 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied 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 here- by 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 im- mediately upon its passage and approval. PASSED AND APPROVED this the/(L' day of 1993. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY ~G?jl DATE: NOVEMBER 16, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the 'City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1557 - JIM CHRISTAL ROAD PAVING AND DRAINAGE RECOMMENDATION: We recommend this bid be awarded to the low bidder, Sunmount Corp. in the total amount of $206,257.50. SUMMARY: This bid is for all labor and materials required in construction of this project which is shown on the attached map. Sunmount Corp. was the low bidder on both the concrete and asphalt alternates. Ben E. Keith Distributing who's property abuts this project will be reimbursing the City for the difference between the asphalt and concrete bids. Four bid proposals were received in response to sixty-nine notices to bid mailed to contractors. BACKGROUND: Tabulation Sheet, Memorandum from David Salmon dated 11-9-93. Letter to Mike Jones of Denton County Public Works dated 9-8-93, Map of project area. FISCAL IMPACT: Funds for this project will be reimbursed to the City by Denton County. R etfu/ll/y sub ' ted: L d V. Harrell City Manager Prepared By: Name: Denise Harpool Title: Senior Buyer Approved: Name'. Tom D. Shaw,C.P.M. Title: Purchasing Agent agenda. 435 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 16 day of NOVEMBER A.D., 199_, 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 SUNMODNT CORP., BOX 1770, ROANOKE, TEXAS 76262 of the City of ROANOKE , 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1557 - JIM CEMSTAL ROAD PAVING AND DRAINAGE in the amount of 496f_797_-0 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 ENGINEERING AND TRANSPORTATTON nrPARTNR.NT 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: / CITY OFD N OWNER ~J (SEAL) ATTEST: SUNMOUNT CORP. CONTRACTOR By ~ 4Z e Title $'PCrr (SEAL) AAA0184D CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SUNMOUNT CORP. , of the City of ROANOKE County of DENTON , and State of TEXAS as PRINCIPAL, and SEABOARD SURETY 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 Two HUNDRED AND SIx THOUSAND Two HUNDRED FIFTY SEVEN and 50/100----------- Dollars 206,257.50 ) 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 16 da of NOVEMBER 19 93, for the construction of BID AND DRAINAGE in the amount of $206,257.50 I 1557 - JIM CHRISTAL ROAD PAVING which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Act of May 22, 1993, 73rd Leg., R.S., ch. 268, §1, 1993 Tex. Sess. Law Serv. 587, 851 (Vernon) (to be codified as Tex. Gov't Code, ch. 2253) (formerly, Tex. Rev. Civ. Stat. Ann. art. 5160), and all liabilities on.1:his bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this -23 day of Noss-,n Bet , 19 q5. Synrr~ ova / C~or.dova //O h, Princi al BY Title Secve y ~T~svver SEABOARD SURETY COMPANY Surety Title ROBERT C. FRICKE ATTY-IN-FACT Address: /~'O /y$~ 177~D Address:FRANK SIDDONS INSIiRANCE P. 0. BOX 2125 AUSTIN, TX 78768 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURANUL P. 0. BOX 2t25 AUSTIN, TX 78768 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That SUNKOUNT CORP. of the City of ROANOKE County of DENTON , and the State of TEXAS , as principal, and SEABOARD SURETY 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, ill the penal sum of and 50/100--- TWO HUNDRED SIX THOUSAND TWO HUNDRED FIFTY SEVEN Dollars 206,257.50 ) 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 16 day of NOVEMBER 1993 . BID $ 1557 - JIM CHRISTAL ROAD PAVING AND DRAINAGE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Act of May 22, 1993, 73rd Leg., R.S., ch. 268, S1, 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 -Z&Pday of 1J0V Sw%8F1Z- 19 93 . SC//7 'v"OVn / C-d~rf7d✓'J ✓lik Principal SEABOARD SURETY COMPANY Surety BY Z!C Title Scve. ~~T~~s~irPr Address : ~O /~o,c /77 d (SEAL) Title ROBERT C. FRICKE ATTY-IN-FACT Address :FRANK 919DONS INSURANCE P. 0. BOX 2125 AUSTIN, TX 78768 (SEAL) The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURkIV L AAA0184D PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That SUNMOUNT CORP. as Principal, and SEABOARD SURETY COMPANY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of TWENTY THOUSAND SIX HUNDRED TWENTY FIVE and 75/100---- Dollars ($__2o.625.75 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 SUNMOUNT CORP. has this day entered into a written contract with the said City of Denton to build and construct BID # 1557 - JIM CHRISTAL ROAD PAVING AND DRAINAGE which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been 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 Syrrfy OG h 7- L ~a/ as Contractor and Principal, has caused these presents to be executed by '0~7. ,6ZI1.11 ~~^dwh . S ~v~ 5 ~ e ~svre~ and the said SEABOARD SURETY COMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact ROBERT C. FRICKE and the said Attorney-in-Fact has hereunto set his hand this 2~ day of 10oVSm86e- 19 X13 SURETY: SEABOARD SURETY COM ANY r. BY ROBERT C. FRICKE Attorney-in-Fact PRINCIPAL: Scirrrrrav„ f ~~os~o //E~ Sz. crrr /drs- ~T ~svrrr AAA0184D MB - 2 For verification of the authenticity of this Power of Attorney you may call, collect, 90&658-3600 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above named individual(s) and details of the bond to which the power Is attached. In New York. Dial 212-627-6444. 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 low 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 AFF006RA REVISED 08/02/93 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. AFF006BA REVISED 08/02193 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,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 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. AFF006RA REVISED 08/02/93 Insurance Requirements Page 4 [J Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 1,000,000 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. G] 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. [ I 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. AFF006BA REVISED 08102/93 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 All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFMBA REVERED 08102/93 WORK DAYS 40 BID NO. Jim Christal Road Paving and Drainage Phase I (ASnhalt DWI PO NO. BID TABULATION SHEET -*May be substituted for-Hydromulch ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractors Warranties - LS $ .2 ooo=/LS $ ~ °o z o and Understandings l 3.1 Preparation of Right-of- - LS $ .600=/LS 800 oe $ / Way ~ 8.1 Barricades, Warning - LS $ zoot° /LS zoo, Si s, and Detours 4.6-A Type A Hydrated Lime 37 T S ao oo /T 76 Slur 4.6-B 6" Lime Treatment of 2,650 BY $ 9O /By $ S 0~ Sub grade 5.7-A " Asphalt Pavement 2,588 BY $ 3 SO /By $ (Type h 5.7-B 4 1/2" Asphalt Pavement 2,428 BY /By $ JC2 (Type A) 5.7-C 1 1/2" Asphalt Pavement 2,428 BY $ - /By $ 7 Z pr/ (Type D 8.2-A Concrete Curb and Gutter 434 IF $ /LF $ 7.4-5 Class A Concrete 18 CY $ 350 /CY $ 9 CpQ.oa SP-3 Reinforcing Steel 1,700 LB $ S° /LB $ 860.°- 2.12.3-A 618 5' Box Culvert 264 LIP /IF $ 2 Z 2.12.3-B 18" RCP Storm Sewer 132 LF $ 2,9, /IF $ 382&00 8.11-A GF-88 Guard Rail 50 LF /LF $ 650.°° 3.10.7 Hydromulch 3,000 BY S 9O /SY Z,70o.°0 $ 3.7 Compacted Fill 12,430 CY $ d is /Cy $ 7P,930s° 3.12 Temporary Erosion Control - LS $ /LS $ 600 _ SP-39 Project Signs 1 EA $ Spp /EA S So ° ' Materials and Labor . $ ect incorporated into pro 1 (000. Other ' $ 783 9G s~ Total $ ?8) 3.10.3* Seeding 3,000 BY S p° /By $ Zcfgc°: W Il/ ar (3.10»7)-at the discretion of the Engineer.. -P - 3A Jim Christal Road Paving and Drainage Phase I (Concrete Bid) .BID TABULATION SHEET WORK DAYS 40 BID NO. PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractor Warranties and Understandin s - LS S Z '/LS $ Soo `b Z 3.1 Preparation of Right-of- Way - LS S /gaq.°=/LS $ &0°' 8.1 Barricades, Detours and Warning Signs - LS $ 200°-'/LS S Zoo f-f 4.6-B 6" Lime Treatment of Sub grade 2,650 BY S 9, /BY S 5035 -O 4.6-A Type A Hydrated Lime Slur 37 T $ o °o /T 6 S 36 Z 6 5.7-A 2" Asphalt Pavement (Type A 1,216 BY $ 3,S^ /BY 5.7-B 4 1/2" Asphalt Pavement (Type A) 1,202 BY I $ /BY $ I(76._° 5.7-C 1 1/2" Asphalt Pavement (Type D 1,202 BY $ /BY $ 5.8-A 8" Concrete Pavement 1,248 BY $ /BY $ rXif 8.2-B Integral Curb 374 IF $ L/ ° o /LF $ 8.3-A 4" Concrete Sidewalk 84 BY $ ZS o_ /BY $ Z/1 ea 8.3-B 6" Concrete Driveway 61 BY $ 31 /S9' $ 7.4.5 Class A Concrete 18 CY $ 5S0O4 /C9' $ 99m SP-3 Reinforcing Steel 1,700 LB $ D S~ /LB $ ~5O o° 2.12.3-A 61X 5' BOX Culvert 264 IF S /it/ 4f /LF $3`7,2.71,Oe 2.12.3-B 18" RCP Storm Sewer 132 IF $ Z5y?~ /LF $ seze ' 8.11-A GF-88 Guard Rail 50 IF $ /IF $ 0160,°p 3.10.7 Hydromulch 3,000 BY $ Q to /BY $ Z 7ao°o 3.7 . Compacted Fill 12,430 Cy $ 01 25 /Cy $ 776,9''7.50 3.12 Temporary Erosion Control - LS $ 6o4e-5'1LS S OO SP-39 Project Signs 1 EA $ j Qv ~a/EA $ 5a0t= e Plf fill P - 4A Jim Christal Road Paving and Drainage Phase I (Concrete Bid) BID TABULATION SHEET WV14\ UAaJ BID NO. 1557 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Materials and Labor Incorporated into Project ' S ( y00.06 Other 51 $ I C) 8415 'I Total $ 2 06 2tlY 3.10.3* Seeding 3,000 SY $ /SY S Z y~°O *May be substituted for Hydromulch (3.10.7) at the discretion of the Engineer. 0 P - 5 7''m Christ al Road Paving and Drainage Phase I (Deductive Alternate) BID TABULATION SHEET WORK DAYS -1U BID NO. 1557 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3.7 Compacted Fill -12,430 Cy $ 6 1 ICY $ &Z3 pO 4.6-B 6" Lime Treatment of Sub grade -2,650 BY /By $ 1177D6~ 4.6-A Type A Hydrated Lime Slurry -37 T $ 90 0~ /T $ 36Zb o0 3.1 Reduction of Preparation of Right-of-Way - LS $ °O/LS /~00 $ lex S 1.21 Reduction of Contractors Warran. & Understandings - LS $ BpD,°%/LS $ oa '?w- 8.1 Reduction of Barricades, Warning Signs and Detours - LS $ O /LS $ D $ ,ov4t l $ ~6, 8ry~ s / s Materials and Labor Incorporated Into Project $ 25 SDO. Other $ X1,3/9•% Total sg6,~iy P - 6 BID SUMMARY In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full 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. SrtPubauNi/oi ord~~~/ CONTRACTOR / BY /(www F Uw 4A /3=k i7J 0 Street Address 2cUr~o is e TK 76 Z& Z City and State Seal & Authorization (If a corporation) 917) VO oSSL Telephone B - 1 BID SUMMARY JIM CHRISTAL ROAD PAVING AND DRAINAGE PHASE I 383 Asphalt Bid $ ~ B$1 • 5~ , Work Days 40 ea Bid Price in Words ONE NUNOREO EIbNTV-St647 TNoubAwo TNgoo i Huw02E O iM ft _OOLLAR3 A"Cl 0411 CENTS 4,011.761 5-1 Concrete Bid $ 20(O.2M 5= , Work Days 40 00 F~F<Y 36+Er Bid Price in Words Two HNNOREO 5%X TNOJSANO 'two NuwoREo pou.Ae+ pwD FIFty CEriS Deductive Alternate Work Days -10 Bid Price in Words EI64TV-Slx TMOJsAtio E:14N'T FjuwOREO r4jN6TEbw OOLLARJ ANO NO CEwt3 Compacted Fill and Lime will be performed by City of Denton forces in the event that the Deductive Alternate is chosen by the owner. B - 2 CITY of DENTOM, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON, TEXAS 76201 September 8, 1993 Hike Jonee. P.E. Director of Public Works 110 W. Hickory Denton, Tx. 76201 Dear mikes we appreciate your help in allowing the Jim christal Project to be split into two phases. This will greatly help the wen E. Keith Company boh use ei operations. warehouse expansion to its capacity. That activity will The Jim Christal project has same history of concept planning that goes back to your two predecessors and Mike Starek. Since the project involves creation of a new major railroad crossing with signal controlled croae arms, we had discussed ,mmediaate trto make ansition edowcrossin 4 lane from n to 2 lanes west of Ithe railroad railroad to AASHTD design standards. Jim Chrietal'e original II.A addresses a two lane road which it will be for over 95% of its length. The crooning signal systems need to be put into operation for the ultimate A lane road section to avoid very costly construction and time delays in the future. Hen E. Keith has put up the money to upgrade the 8" asphalt section to 8" concrete from 135 to the railroad. The four lane road will help the safe turning movements into their drive plus allow adequate tacking for all movements. we hope that Den E. Keith is one of many industries that will use this access to 235 In the future. Union Camp will have its access and trucks routed to thin location. Please revise the inter local agreement to allow this type construction. The City realIzea that revised upward with features. County y Sincerely, r ar U &I-L- , Ct Engineering fi Transportation AEE002AC a171499.6pnn U4 METR 43 9 fA r m rn o_ 6'z 5' BOX SLO P 54 OF CENTURY PRECASNNTGG CONCRETE CCATSION PER - LLR.O. W. 6:1 SAFETY EN 0-J 4:1 SLOP NOTE: 1681.15'C EXISTING CHRISTAL - , R.O.W. -6:1 SAFETY ENDS JIM CROSSING 0 z w z JCL Om g m N m z m o N O m W L) c N tE OD m Ln m O o wU 0 m } ~CL W` N M O to 0 m o0 00 00, 8 N v O ca z DO O M 0 w N bn9 W D 4f m m m ~d 0 0 0 m > z z z w ~wM <Om Q z x" o O 00 I W 0 z n u`~ Q j0 W C ct F- Q W Q m i r ~ E02 a U > D U?> Df Q 0 U U m >0 Paz w 0 w 2 Q d O Z f W C' O m O_ m 0 _ q~l r N M 11-09-931103:51 u021 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: November 9, 1993 TO: Tom Shaw, Purchasing Agent FROM: David Salmon, Senior Civil Engineer SUBJECT: Jim Christal Road Paving Drainage Phase I Bids were opened for the above mentioned project on November 4, 1993. Sunmount Corporation was the low bidder on both the asphalt and concrete alternates. The concrete bid was $206,257.50. The unit prices appear to be reasonable and the total bid is about $26,000 lower than our engineers estimate. Sunmount Corporation has performed many paving projects for the City of Denton with excellent results. Also, Ben E. Keith Distributing whose property abuts this project will be reimbursing the difference between the asphalt and concrete bid. Considering the above factors, I recommend that Sunmounts concrete bid be accepted and this item be placed on the next possible City council agenda. i David Salmon AEE002DA 8171566-8200 D/FW METRO 434-2529 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 16 day of NOVEMBER A.D., 19 93 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. H]UUUKLL thereunto duly authorized so to do, hereinafter termed "OWNER," and SUNMOUNT CORP., BOX 1770, ROANOKE, TEXAS 76262 of the City of ROANOKE , 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1557 - JIM CHRISTAL ROAD PAVING AND DRAINAGE in the amount of 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 r all maps, plats, blueprints, and other drawings and printed or ,written explanatory matter thereof, and the specifications therefore, as prepared by ENGINEERING AND TRANSPORTATTON 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, workers 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: Q J/~~ /i /~/Jirvn CITY OF D N OWNER /I y (SEAL) ATTEST: SUNMOUNT CORP. CONTRACTOR By rgi~~ Title sew 1 f~ ~~~s ~vos (SEAL) AAA0184D CA - 3 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That SUNMOUNT CORP. of the City of ROANOKE County of DENTON , and State of TEXAS as PRINCIPAL, and SEABOARD SURETY 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 Two HUNDRED AND SIX THOUSAND Two HUNDRED FIFTY SEVEN and 50/100----------- Dollars 206,257.50 ) 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 16 day of NOVEMBER 19 93, for the construction of BID # 1557 - JIM CHRISTAL ROAD PAVING AND DRAINAGE in the amount of $206,257.50 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 -23 day of NO%J $ B 2 , 19 g~ Princi al By z Title Secre y ~T~s vv4 r SEABOARD SURETY COMPANY Surety Title ROBERT C. FRICKE ATTY•IN•FACT Address: Q d r 1770 Address:FRANK SWUM INSHRANCt P. 0. BOX 2125 AUSTIN, TX 78768 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURANUL P. 0. BOX M5 AUSTIN, TX 78768 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 PAYMENT BOND STATE OF TEXAS $ COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That suNKOUNT cORP. of the City of ROANOKE County of DENTON , and the State of TEXAS , as principal, and SEABOARD SURETY 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 and 50/100--- TWO HDNDRED six THOUSAND Two HUNDRED FIFTY SEVEN Dollars 206.257.50 ) 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 16 day of NOVEMBER 19 93 . BID # 1557 - JIM CHRISTAL ROAD PAVING AND DRAINAGE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the 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 anyway 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 Princi al and Surety have signed and sealed this instrument this 1 day of 1fJ9VE.v%8F1Z- 19 93 . SC/~irr7vvro ✓ ~-dvs~cy✓'a ✓/off Principal SEABOARD SURETY COMPANY Surety By C/<?~ Title Scve/"z Te~srirPr Address: ~D i~o,~ /77d s~oa h o 7`Y~s 7~~62 (SEAL) Title ROBERT C. FRICKE ATTY-IN-FACT Address :FRANKSIODONSINSURANCE P. 0. BOX 2125 AUSTIN, TX 78768 (SEAL) The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURAN6 P. U. BOX 2125 AUSTIN, TX 78768 AAA0184D PB - 4 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That suNMouNT CORP. as Principal, and SEABOARD SURETY COMPANY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of TWENTY THOUSAND SIB HUNDRED TWENTY FIVE and 75/100---- Dollars 20.625.75 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 SUNKOUNT CORP. has this day entered into a written contract with the said City of Denton to build and construct BID # 1557 - JIM CHRISTAL ROAD PAVING AND DRAINAGE which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been 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 Sy."9/hA7a / f~vpcYa/i6~ as Contractor and Principal, executed by 14e. and the said has caused these presents to be SURETY COMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact ROBERT C. FRICKE ,tO and the said Attorney-in-Fact has hereunto set his hand this .23 day of IJOVSMBBkL 19 X13 SURETY: SEABOARD SURETY COM ANY BY : ROBERT C. FRICKE Attorney-in-Fact PRINCIPAL: Se.cv'r /~rv ~T ~Svr~r AAA0184D MB - 2 For verification of the authenticity of this Power of Attorney you may call, collect, 908-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above named individual(s) and details of the bond to which the Dower is attached. In New Vnrk_ Dial 212-R975eee 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 low 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 AFF006RA REVISED 08/02/93 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. AFF006RA REVISED 08102193 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: [a] A. General Liability Insurance General Liability insurance with combined single limits of not less than . 1,000,00 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 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. AFMBA REVISED 08/aV93 Insurance Requirements Page 4 [A Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 1,000,000 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. bd 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. [ I 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. AFF006RA REVISED 09102/93 Insurance Requirements Page 5 [ I 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 All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ I 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. AFFMRA REVISED MOM Jim Christal Road Paving and Drainage Phase I /Asphalt Sidi BID TABULATION SHEET May be substituted for Hydromulch (3.10. 7) at the discretion of the Engineer. P - 3A WORK DAYS 40 BID NO. PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractors Warranties and Understandings - IS $ z coo -/LS $ Z oc~ 3.1 Preparation of Right-of- Way - IS $ I~00°=/LS 8.1 Barricades, Warning Si s, and Detours - IS °O S Zoo - /LS $ Zcn. oe_ 4.6-A A Hydrated Lime Slur 37 T $ oo /T a° 4.6-8 6* Lime Treatment of Sub grade 2,650 BY $ yo /By $ S D~r 5.7-A 2" Asphalt Pavement (Type A 2,588 BY 5.7-B 4 1/2* Asphalt Pavement (Type A 2,428 BY $ /By $ IF, JC2 5.7-C 1 1/2" Asphalt Pavement (Type D 2,428, BY $ /By $ 7 H-°_° 8.2-A Concrete Curb and Gutter 434 IF $ /LF $ Y77y o! 7.4-5 Class A Concrete 18 CY $ 350 /Cy S ?yea oo r SP-3 Reinforcing Steel 1,700 LB $ D S_ /LB $ o° BSo. - 2.12.3-A 61% 5' Box Culvert 264 IF $ / 311 -~/LF $ e° 2.12.3-B 18" RCP Storm Sewer 132 IF $ Z9, /IF $ 3828,°` 8.11-A GF-88 Guard Rail 50 IF $ /LP $ 6So.°° 3.10.7 Hydromulch 3,000 BY $ /By $ z ~~o "o 3.7 Compacted Fill 12,430 CY $ 6. JS /CY $ 7Pr930S6 3.12 Temporary Erosion Control - LS $ 140 /LS S 600 - SP-39 Project Signs 1 EA $ Soo°-/EA $ SaO' Materials and Labor Inco orated into project $ / &0p, Other $96 7j~,s_ Total $ 88 383 S_ 3.10.3* Seeding 3,000 BY $ P° /By $ Zsf~°D 01 w/ or Jim Christal Road Paving and Drainage Phase I (Concrete Bid) .BID TABULATION SHEET Ny P - 4A cf }r WORK DAYS 40 BID NO. PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractor Warranties and Understandings - LS $ '$Op-/LS $ Z~Soo.`b 3.1 Preparation of Right-of- Way - IS $ /J~~/LS $ 8.1 Barricades, Detours and Warning Signs - LS $ 2oo~/LS S Zoo 4.6-B 6" Lime Treatment of Sub grade 2,650 BY $ /BY $ So35 4.6-A Type A Hydrated Lime Slur 37 T $ /f 0 °O /T $ 36 Z C " 5.7-A 2" Asphalt Pavement (Type A 1,216 BY $ 3 5_° /By 5.7-B 4 1/20 Asphalt Pavement (Type 1,202 BY $ /SY $ 5.7-C 1 1/2" Asphalt Pavement (Type D 1,202 BY $ /BY $ 3 5.8-A 8" Concrete Pavement 1,248 BY $ Z9.°° /BY 36,19 2 m $ fY~ rx.~ 8.2-B Integral Curb 374 IF $ as )'IF $ 8.3-A 4" Concrete Sidewalk 84 BY $ ZS /BY $.z/~ ea 8.3-8 6" Concrete Driveway 61 BY $ 31 ee /By $ 7.4.5 Class A Concrete 18 CY $ SSO." /CY $ 99Li9.°~ SP-3 Reinforcing Steel 1,700 LB $ D S° /LB $ ~,Q oe 2.12.3-A 61% 5' Box Culvert 264 IF /IF $x/279, 2.12.3-B 18" RCP Storm Sewer 132 LF $ Zq a° /LF $ 8.11-A GF-88 Guard Rail 50 IF $ /LF $ 65~.°s 3.10.7 Hydromulch 3,000 BY $ D~ qo /BY $ Z 700.' 3.7 Compacted Fill 12,430 Cr $ 6 2 S /Cy S So 77 69'7. - 3.12 Temporary Erosion Control - LS S 600,°'/I'S $ SP-39 Project Signs 1 EA $ S~ °a/EA $ Sao - Sad ~fz. / e 206 Z~, fN na . J3,m Christal Road Paving and Drainage Phase I (Concrete Bid) BID TABULATION SHEET WORK DAYS 40 BID NO. 1557 PO NO. ITEM DESCRIPTION Q UANTITY F LIMIT LIMIT PRICE TOTAL Materials and Labor Incorporated into Project $ 100'100.°- w Other S1 Total $ 51 Z O1o,211i. 3.10.3* Seeding 3,000 SY /By $ o0 Z'lGYJ, - *May be substituted for Hydromulch (3.10.7) at the discretion of the Engineer. ro to P - 5 Jim Christal Road Paving and Drainaae Phase I (Deductive Alternate) BID TABULATION SHEET WORK DAYS -10 BID NO. 1557 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3.7 Compacted Fill -12,430 CY 10 /CY $ 6 1 $ 75 &23 oe 4.6-B 6" Lime Treatment of Subgrade -2,650 BY a $ /SY $ #770 as 4.6-A Type A Hydrated Lime slurr -37 T $ /T $ aQ 36Zb. 3.1 Reduction of Preparation of Right-of-Way - LS $ oO/LS $ 00 lex- 1.21 Reduction of Contractors Warran. & Understandings - LS $ g,9p°D/LS $ 8.1 Reduction of Barricades, Warning Signs and Detours - LS $ Q /LS $ 86J ?19 ao $ / $ Materials and Labor Incorporated Into Project other $ &IJ319•% Total $ 86, $19• 00 P - 6 BID SUMMARY In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full 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. Sy/n6UAJ j 4" ormI!~N CONTRACTOR BY /l wrwl ,2 /~o i 1AA 3~k i~7 0 Street Address 2 , TX 76 Z& Z City and State Seal & Authorization (If a Corporation) r,07) WO -vSSz Telephone B - I BID SUMMARY JIM CHRISTAL ROAD PAVING AND DRAINAGE PHASE I 383 Asphalt Bid $ 88~ on • S~ , Work Days 40 1B6 -rwReE Bid Price in Words ONE HuNOREO EIMNCY-atuwr 114ovsAwo UL HUNOREO EIyRZY-TI{ DOLLARS AMD C%F<Y CENTS Concrete Bid $20(p 1 Zjj Work Days 40 +N Bid Price in Words TWO HONORED 5\X TNOJSAND Two NvNOREO FfiF<1-sE ~ I AND r-1 F'tV CENTS Deductive Alternate $ - g ~O~ g 19. 4= , Work Days Bid Price in Words EI(,)+T1-51x THOJs Awn EE16141 HuNORED rliNr.16" OoL.LARJ ANO no CE-'S Compacted Fill and Lime will be performed by City of Denton forces in the event that the Deductive Alternate is chosen by the owner. B - 2